civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

a window in between. And we have again the door on the left takes you straight

Similar wording

upstairs to the second floor unit. The door on the right takes you into a

Similar wording

a living room, a dining room, a kitchen with a full bath.

Similar wording

Give me one second, please.

Similar wording

Our second floor up the stairs

Similar wording

takes you into a large kitchen living area.

Similar wording

There's a bedroom in the center,

Similar wording

large living room in the rear, and then three full bedrooms on the third floor.

Similar wording

We have plenty of ample space for storage of trash, which has been used on the side.

Similar wording

Both tenants will have access to this gate so that trash can come in and out easily.

Similar wording

proof of posting

Similar wording

and now let's walk that there's the property again

Similar wording

now let's walk down the block a little you're going to see several properties

Similar wording

that are set up exactly the same way two doors equaling two units here's a property

Similar wording

with one, two, three mailboxes right down the block.

Similar wording

This is all on the same block, same street.

Similar wording

Two mailboxes, one door, one mailbox,

Similar wording

another door, a large triplex.

Similar wording

Another duplex right down the block.

Similar wording

Duplex on one side, duplex on another.

Similar wording

Again, property with two doors.

Similar wording

so this was a common thing to do back in the 50s. Across the street is a very large multifamily

Similar wording

dwelling and by the way all of these have been approved by L&I and or the zoning board as

Similar wording

recently as 2017-2018. Again we are 4917 North 13th and here are the following neighbors.

Similar wording

4903, a legal three-family dwelling, 4905, a legal three-family dwelling.

Similar wording

a legal three family dwelling, 4905 a legal three family dwelling, 4907 a legal two family dwelling,

Similar wording

4909 a legal three family dwelling, 4911 a legal three family dwelling, 4915 a legal three family

Similar wording

dwelling, 4919 a legal duplex, 4923 legal three family dwelling permit issued 2018,

Similar wording

4927, three-family dwelling, 4931, three-family dwelling. And that's before we get across the

Similar wording

street to this very large multifamily dwelling. So I just want to make sure that we're clear

Similar wording

that if this were to have to be reconverted somehow facade-wise and interior-wise as a

Similar wording

single family home it would be one of maybe four single family homes on the entire block and one

Similar wording

of those four uh in addition to this particular one is is you know well not this particular one

Similar wording

but one of those four is vacant boarded up so i've already showed you the history of this

Similar wording

particular property and it's our position that because the property has a standing use as a

Similar wording

two-family dwelling and a history of it, and because a multifamily block, and it's uniquely

Similar wording

laid out inside and unique outside to suggest a two-family dwelling, where making it one family

Similar wording

would, in fact, as a single family, be both physically impracticable and financially

Similar wording

unmarketable. For those reasons, we respectfully request the granting of this variance,

Similar wording

And if there's nothing else at the moment, I would like to ask my client, Leran, to raise his hand.

Similar wording

My name's last name.

Similar wording

Shoshan, you can unmute yourself and speak now.

Similar wording

Good afternoon, sir.

Similar wording

Please, I spell your full name.

Similar wording

Leran Ben Shoshan.

Similar wording

L-I-R-A-N

Similar wording

B-E-N

Similar wording

S-H-O

Similar wording

S-H-A-N

Similar wording

Do you swear or affirm to tell the truth, the whole truth,

Similar wording

nothing but the truth?

Similar wording

I do.

Similar wording

Thank you.

Similar wording

Leron, did you hear my presentation to the board

Similar wording

this afternoon?

Similar wording

Yes.

Similar wording

Is it true and accurate to the best of your knowledge?

Similar wording

Yes.

Similar wording

And do you adopt it as your own testimony if need be?

Similar wording

Yes.

Similar wording

Thank you, Leron.

Similar wording

Mr. Chairman, I'm open for questions.

Similar wording

Could you go back to the print that shows the second floor interior?

Similar wording

How many bedrooms are there in that second and third floor unit?

Similar wording

The second and third floor unit have four bedroom total.

Similar wording

First floor has?

Similar wording

One bedroom total.

Similar wording

Questions from the board.

Similar wording

Oh, no. All right. Anyone else would like to testify in this case? Please raise your hand.

Similar wording

We have Mr. Charles Richardson. Mr. Richardson, you can unmute yourself and speak.

Similar wording

Richardson, just identify yourself. You're still on the road.

Similar wording

Good afternoon again, Mr. Chair. The Logan Civic Association, unbeknownst to us, had conducted a RCO meeting back on

Similar wording

May the uh 10th and uh there were 18 people in attendance uh 17 and the vote was 17 to 1

Similar wording

in opposition the one uh who voted in favor was the uh the young lady who lives in the property

Similar wording

right now and has been you know living in the entire property uh with her family from my

Similar wording

understanding so uh there was a according to the logan civic they they uh feel that there was a

Similar wording

misrepresentation on the layout of the building because of the fact that the young lady has been

Similar wording

living throughout the entire property so uh in support of the of the uh civic association and

Similar wording

the near neighbors we are uh going to be opposing the granting of the variance for this property

Similar wording

Mr. Richardson, is Logan Civic the same as Logan Community Enterprise Center?

Similar wording

No, those are two separate RCOs.

Similar wording

And the coordinating RCO, I want to be clear again.

Similar wording

The one that we had selected was the Logan Community Enterprise.

Similar wording

And they didn't respond.

Similar wording

The individual who is on record to be the chair of the RCO received the email, but he did not respond.

Similar wording

The Tina Marie Russell is that is the actual person who handles all of the RCO business.

Similar wording

But from my understanding, and I got no further.

Similar wording

But from my understanding, I got no further communications from anybody with regard to this. This is why I was tracking down everything at the last minute today, trying to figure out who actually did this, if anything had taken place.

Similar wording

So there actually was an RCO meeting. But, you know, we had no knowledge of the RCO meeting taking place or anything. So, you know, again, we support the community. So we will be opposing the granting of the variance.

Similar wording

Mr. Chairman, respectfully, I just saw this letter that came out, because it was just forwarded to me on my cell phone minutes ago. I don't believe it says that 17 attendees opposed it.

Similar wording

uh it it only says it said there were 17 attendees and one attendee who was a near neighbor who is

Similar wording

in fact the property occupant um and and that the community group in and of itself is opposing it

Similar wording

they're opposing it but they don't tell us the number of folks who actually voted against it

Similar wording

or the number of folks who voted for at least i didn't see that in the tally

Similar wording

at all and as far as the misrepresentate you can't misrepresent two separate doors and the

Similar wording

facade nor can you misrepresent the photos the fact of the matter is because it's not zoned

Similar wording

for a duplex one person is there uh and we can't put another person in there and she's using both

Similar wording

units well we can't put one person in there until we have zoning for the two separate units she's

Similar wording

been there for quite a while uh she at one point one part of her family was living in one unit and

Similar wording

one and she and another part of her family were living in second but there's never been any

Similar wording

question or dispute that there's not two separate units richardson you sound like you were about to

Similar wording

say something yes sir uh you know and and and verne will say this is hearsay but i did speak

Similar wording

with charlene samuels who is the the the person who runs the rco over on you know for logan civic

Similar wording

and she was the one that did say that it was 17 to one and that the only person that voted for the

Similar wording

for the property for the property to be changed was the lady that's living in the property at

Similar wording

this point so uh you know while i don't you know it may be hearsay but that is an actual fact though

Similar wording

he's correct i have to object as hearsay for the record of course i understood sustained

Similar wording

uh the current what we're looking at now is that the current layout of the of the second and third

Similar wording

floor or is that what's being proposed absolutely no this is it absolutely positively there's two

Similar wording

separate doors in the facade of that property one door takes you right upstairs to the second

Similar wording

and floor unit one door takes you right uh to the first floor for that one bedroom i get that i just

Similar wording

again i wanted the second and third floor are laid out exactly what we're looking at now do you have

Similar wording

any photographs there are yes of course interior photographs of course yes

Similar wording

they're not marked perhaps which floor and what you know what unit but yeah this is all

Similar wording

renovations to be done here wow yeah so it's a lot and and um again we're we're on a multi-family

Similar wording

block a single understood i think you made that point single family home isn't going to work here

Similar wording

regardless so market market wise understood understood i think you made that point quite

Similar wording

well thank you uh any questions from the board no no no anyone else to testify in this case

Similar wording

please raise your hand yeah we have a tammy stanford the stanford you can unmute yourself and speak

Similar wording

hello good afternoon please

Similar wording

because i'm at room right now so i'm in one of their rooms so i'm not going to talk too loud

Similar wording

could you spell your first and last name please okay s-t-a-n-f-i-e-l-d

Similar wording

first name tammy t-a-m-m-i-e where and from to tell the truth the whole truth nothing but the

Similar wording

truth? Yes, I am. Please proceed, ma'am. I can't hardly hear you. Please proceed with your

Similar wording

You please proceed with your testimony. I was just wanted to say the way he described the

Similar wording

testimony. Okay. I was just wanted to say the way he did.

Similar wording

house that I'm living in it for 18 years right now is not the way it is. That door, extra door

Similar wording

there. Excuse me, excuse me of interrupting. You live in the property? Yes, I live there.

Similar wording

I've been living there for 18 years. Okay, continue. Okay, so I'm not disputing that he

Similar wording

wants the place for that. I don't have nothing against that. I'm just going to describe this

Similar wording

house to you to get a better picture of what it looks like I have a kitchen on the first floor a

Similar wording

dining room and a living room and it's a bathroom like in the kitchen area in a shared kitchen

Similar wording

now with the bedrooms part it's all open if I come in my living room I can walk where that

Similar wording

door is open at that door doesn't have nothing to do with me going up them stairs it never was a

Similar wording

two place my family when they lived there they was kids and it never was a duplex when I lived

Similar wording

there where it was a two-family dwelling. It was always one where my family and I lived there. As

Similar wording

the kids got older, they moved on. I had three bedrooms on the second floor. It's three bedrooms

Similar wording

and a bathroom. On the third floor, it's also three bedrooms, no bathroom up there. It's just

Similar wording

three bedrooms, and it's a closet. But if that extra door that he keeps saying goes into another

Similar wording

property, it doesn't. It goes straight to my mother's bedroom. If you walk up the steps,

Similar wording

you're going to hit my mother's bedroom, and you're going to go down the hall, you're going

Similar wording

hit a middle room and then you're going to see a bathroom then the room i sleep in

Similar wording

it's it's made into just a single family home it's not no i'm not i didn't ever live in a duplex

Similar wording

where it was a two-family home it can be a two-family home if that's what mr leron wants i

Similar wording

don't have no problem with him saying that's what he wants this is home but i just want me to it to

Similar wording

be fairly said what it what it looks like inside thank you thank you okay anyone um i'm sorry mr

Similar wording

Anastasia you have any questions and I think we may have lost Vernon for a while can you unmute

Similar wording

yourself I think it bellies the point that we were trying to make with the two as you said the side

Similar wording

door opens up to a a whole other bedroom suite which is a one-family dwelling now whether or

Similar wording

not throughout the years certain things may have been taken out of kit you know of a kitchen or

Similar wording

a bathroom I can't say but this is two separate units that it has been treated as one family

Similar wording

dwelling. Are these utilities separated? They have not been no. Anyone else to testify in this case

Similar wording

please raise your hand and that's only that's because it was used by the same family for

Similar wording

generations anyone else to testify we have miss tina marie russell yeah miss russell sorry to cut

Similar wording

you off earlier we're trying to get an understanding of who was the rco so please

Similar wording

uh identify yourself you're still on the roof thank you tina marie vessel um local community

Similar wording

civic association local community enterprise center i'm sorry my brain's all torn up

Similar wording

local community enterprise center um and i'm calling i'm i'm going to side with the

Similar wording

um the coordinator um local community local civic association um i don't really see we had

Similar wording

testimony from the woman who's lived in the building. And also Vern, also the attorney said

Similar wording

that this was being used as a single family home for generations. And he also testified to said that

Similar wording

the building was used as a single family home. So it exonerates what the woman who lived there

Similar wording

said that this is a single family home. The separate door that she identified is just because

Similar wording

her mother was elderly and she has a space for her mother most people most logan houses do have

Similar wording

a space for their grand their in-laws in-law spaces so it doesn't mean it's a separate as

Similar wording

its utilities show you it's not a duplex it is definitely a single family home also we did a

Similar wording

20 35 year plan right before covid in which one of the focus points for almost all the community

Similar wording

organizations was to regain home ownership. The oversaturation that's shown on this block

Similar wording

is one of the reasons why. It's oversaturated. It actually removes home ownerships. And that's

Similar wording

not something that the community organizations, along with the Philadelphia Commerce Department,

Similar wording

is working with us to try to rebuild our communities. And so this particular project

Similar wording

will take us away from that planning process that we did work so hard for on the 20-35 year plan.

Similar wording

um so as you know we've been really trying to focus our multi-family homes um different areas

Similar wording

So as you know, we've been really trying to focus our

Similar wording

and we're really wanting to reduce the multi-family homes that we have and bring back home ownership

Similar wording

um because it's something that is we felt there's a value and it's what we planned for along with

Similar wording

the city in the planning commission which is one reason why the is zoned the way it is um so we

Similar wording

don't really feel that the applicant will have a hardship because people are already living in that

Similar wording

property as single families and we also would like to reduce that trash as well as the parking

Similar wording

issues and this will I don't we don't really see that this is a hardship and we are working

Similar wording

we're siding with the coordinator at this time which was Logan Enterprise and Logan

Similar wording

Civic Association with keeping this as a single family home. Mr. Chairman if I may just briefly

Similar wording

i want to clarify my comment i said that it was operated for generations by a single family but

Similar wording

both units were used and as the occupant said herself that separate door leads to a an entire

Similar wording

suite you know call it a mother-in-law suite call it a second family dwelling the fact of the matter

Similar wording

There are two units and to convert not just the interior, but the exterior facade would not only be, you know, physically difficult to do, but financially impractical, unmarketable when you're literally surrounded by two, three, four, five family dwellings.

Similar wording

And again, refresh my memory. When was your when did your client purchase this property?

Similar wording

2014.

Similar wording

2013, I think the D is somewhere around there.

Similar wording

Seven, eight years ago.

Similar wording

All right.

Similar wording

Anyone else to testify in this case?

Similar wording

There are no hands up this time.

Similar wording

All right, Planning Commission.

Similar wording

Ron Bednar, City Planning.

Similar wording

This property is indicated for single-family residential use on the city plan.

Similar wording

We believe the applicant has not demonstrated necessary hardship regarding the use requirements in the code.

Similar wording

Application is not consistent with our adopted district plan.

Similar wording

We recommend the request for variance not to be granted.

Similar wording

And Mr. Chair, I thank Mr. Ron for that.

Similar wording