civus
Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

Questions or comments from the virtual audience?

Similar wording

I see no hands.

Similar wording

Just a moment, Chair.

Similar wording

We have a phone number ending in 3552.

Similar wording

They have been unmuted and allowed.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

yes adrian fernandez swamp little neighborhood process association rco

Similar wording

Yes, Adrian Fernandez, Swamp Little Neighborhood.

Similar wording

you swear or firm to tell the truth the whole truth and nothing but the truth

Similar wording

yes please proceed adrian okay um we uh support this variance and are asking for

Similar wording

three provisos the first one would be a limit of two units the second one being um all trash

Similar wording

recycling stored indoors and a third one being no basement living

Similar wording

thank you

Similar wording

any any go ahead council i have no problems with two maximum two units where that's all

Similar wording

we're asking for i don't know if that's necessary in terms of proviso um trash indoors um i i leave

Similar wording

it to the discretion of the board, you know, to, to, to, as to that, um, there is outdoor space

Similar wording

for the first floor unit. Um, so, you know, they would be storing the trash outdoors. Um, the

Similar wording

third provides, so, uh, no basement living. I, again, uh, yeah, I think the picture showed that,

Similar wording

like, it's an unfinished basement to begin with. Um, the two, two hot water heaters are down there.

Similar wording

I don't know if that's not really a zoning matter. If there's issues in terms of egress, that would be a building code matter.

Similar wording

Any other comments from the virtual audience?

Similar wording

Planning Commission.

Similar wording

Planning Commission.

Similar wording

Amy Boyd with the Planning Commission. The comprehensive plan recommends no change in zoning and facilitation from the existing residential single-family RSA 5. There is evidence that the conversion from one-family to two-family was done without the benefit of permits. The appellant has not shown that there are unique conditions or circumstances that would prevent the property from being used in conformance with the zoning code. The Planning Commission recommends that the Board deny their requested variance for multi-family households.

Similar wording

Hello. Mr. Chairman, can I just respond very quickly? You can. Yeah. So with the MLS listings, a lot of times they gather the information through the city's website. So there may be some zoning permit that may have existed at one point that has been lost. I mean, you know, you have Eclipse now, you have Atlas now, anything that's been done the last five to 10 years, you can feel confident it's in the zoning file.

Similar wording

This may be a situation where a journey permit may have been lost.

Similar wording

There's a long documented history based on what we've seen online that there's two family households living here.

Similar wording

MI 2024, 005-786-3220 North Carlisle Street.

Similar wording

I vote yes.

Similar wording

John, my vote is yes.

Similar wording

Iowan, my vote is yes.

Similar wording

you're on me my vote is yes and sure you were on mute when you voted

Similar wording

carol gaston my vote is yes sorry thank you thank you thank you counsel thank you number

Similar wording

13 number 13 mi 2024 005 786 789 i'm sorry 235 north 61st street olav sokoloff is the attorney

Similar wording

There's a letter of support from Achievability and a letter of support from Council Member Jones.

Similar wording

There's also a petition with 52 signatures.

Similar wording

Mr. Sokolov is coming back in as a panelist now.

Similar wording

Mr. Sokolov.

Similar wording

Good.

Similar wording

Good afternoon, Chairman.

Similar wording

Would you state your name as spelled for the court stenographer?

Similar wording

Sure. Oleg Sokolov, O-L-E-G-S-O-K-O-L-O-V, on behalf of the applicant, Jeffrey Allen Jr.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

Similar wording

I do.

Similar wording

Do you stipulate to the reading of the refusal, and do you agree with its accuracy?

Similar wording

Yes, I do.

Similar wording

Share your screen and start your presentation, please.

Similar wording

I mean, I'm used to Mr. Shahid asking me those questions.

Similar wording

Well, he's stepped out.

Similar wording

Fair enough.

Similar wording

All right.

Similar wording

Is the board able to see my screen?

Similar wording

We can, sir.

Similar wording

All right.

Similar wording

Thank you.

Similar wording

Well, firstly, good afternoon, everyone.

Similar wording

My name is Oleg Sokolov.

Similar wording

I'm here on behalf of Jeffrey Allen Jr.

Similar wording

This is a very similar request to the one you just previously heard.

Similar wording

We're seeking to legalize the existing use of a two-family located at 235 North 61st Street.

Similar wording

Mr. Allen purchased this property in May, I believe.

Similar wording

Mr. Allen purchased this property in May, I believe, of this year.

Similar wording

So as soon as he purchased it, it was the same kind of situation.

Similar wording

It was listed as a two-family.

Similar wording

It was marketed as a two-family.

Similar wording

Mr. Allen did none of the conversions of the property to make it a two-family.

Similar wording

And Mr. Allen actually lives in one of the properties.

Similar wording

And as you'll hear from him, he is a veteran who is looking to use the other space for veterans housing and believes that by having himself living there, he can really provide an additional service to veterans who are oftentimes alone or don't have a support network.

Similar wording

So the two of them being there together is something that he believes would be a great benefit to a potential veteran that lives there as well as the community in general.

Similar wording

So, I'll take you through the exhibit packet. As I said, this property was just purchased

Similar wording

in May of 2024. As soon as Mr. Allen identified the nonconformity, we undertook this zoning

Similar wording

process to try to legalize its use. As stated by the Chair, here's our tax clearance.

Similar wording

And here is the property. You'll see that it may not be able to see it very well behind the post. But, you know, upon inspection, it was it had two mailboxes. It has two electrical meters. So it certainly was properly converted, except for this current zoning into a two family.

Similar wording

The property itself is two two-bedroom, one-baths. It's one on the first floor, one on the second floor. It is just a two-story edifice with a backyard with access from the first-floor unit.

Similar wording

This here is the first-floor unit, and this is the kitchen-slash-living room of the second-floor unit.

Similar wording

Once again, the first floor unit, the backyard.

Similar wording

Let me try to zoom out a little bit.

Similar wording

You'll see that it's identical to the property next door, except for that it has the open porch.

Similar wording

And then just some views down 61st Street in both directions.

Similar wording

This is the subject property, once again, located on 61st Street between Vine and Race.

Similar wording

Our application for appeal, as stated, Mr. Allen did not create any of the conditions existent at

Similar wording

the property and is just seeking to legalize the use so as to be in conformity with the zoning code.

Similar wording

We had a meeting with Achievability on November 13th, where we, as stated by the chair, received a letter of support.

Similar wording

As part of Achievability's pre-RCL meeting procedure, Mr. Allen went around the neighborhood and gathered 52, I believe was the count.

Similar wording

Yeah, that's correct. 52 petitions. As you'll see in the letter of support from Achievability, many of those signatories to the petition were verified by Achievability as having signed it.

Similar wording

So somebody from Achievability actually called, and that's evident in the notes located here on the RCO letter.

Similar wording

Obviously, they couldn't get a hold of everyone in verifying the signatures, but they were very happy with Mr. Allen's actions in going around the neighborhood.

Similar wording

Mr. Allen actually has some ties to the neighborhood.

Similar wording

He's from there, so is very much looking forward to living in the property and providing service.

Similar wording

Are all the utilities separated?

Similar wording

The utilities are separated.

Similar wording

That's correct.

Similar wording

Is there a history of the property?

Similar wording

What was, it's always been.

Similar wording

There is nothing, much like Mr.

Similar wording

Nockamson's previous presentation, there is nothing currently available in the Eclipse system.

Similar wording

There was a rental license, but it was only for one unit that was generated.

Similar wording

I can pull that up.

Similar wording

It's not part of our exhibit packet, but.

Similar wording

There's a rental license that was pulled.

Similar wording

We're not sure if by the previous owner or the owner prior to that, but it was only for

Similar wording

one dwelling unit.

Similar wording

And that's the only zoning or other.

Similar wording

And that's the only zoning or other information available on the Eclipse system.

Similar wording

Mr. Allen also received a letter of support from Councilman Curtis's office.

Similar wording

And as stated, the petition, you'll see that many, many of the signatures, I'll zoom in a little bit, are from the immediate block.

Similar wording

So we have 242 here, 246 North 61st. I do apologize. I neglected to look through this and definitively ascertain if we were able to get the neighbor's signature, but I will ask Mr. Allen that when he is able to come on the line.

Similar wording

But again, you will see that almost the entirety of the block of 61st Street is in support of this request, likely owing to Mr. Allen's longstanding history in the neighborhood, as well as the type of residency that he wants to provide for the upstairs unit.

Similar wording

Pictures of notices on the property.

Similar wording

and our certificates of mailing for the RCO meeting.

Similar wording

So I believe it's around 140 people that were noticed.

Similar wording

So even of the 140 people that were noticed, you know, we have nearly a third, or excuse me, more than a third of those people have signed the petition.

Similar wording

If it pleases the board at this time, if I may bring Mr. Allen on to just answer any questions or adopt your testimony, please.

Similar wording

Please bring him on.

Similar wording

Thank you. Mr. Allen, if you're there, will you raise your hand, please? Your virtual hand.

Similar wording

Jeffrey Allen has been unmuted.

Similar wording

around could you please state your name and spell for the stenographer

Similar wording

yes my name is jeffrey allen jr um and it's spelled j-e-f-f-r-e-y allen a-l-l-e-n junior j-r

Similar wording

you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

yes i do please proceed counsel uh mr allen i'll just ask you one question before i ask you to

Similar wording

adopt my testimony if you've heard it all here today. Could you give the board a little context

Similar wording

as to why you're hoping to use this for veterans housing and how that idea came about for you in

Similar wording

general? Well, like you said, Oleg, I'm a veteran of seven years, was a commissioned officer in the

Similar wording

Army. And I've noticed over the years that the veteran community is an underrepresented community

Similar wording

in terms of resources or knowledge or guidance when they get out, support, direction, things of

Similar wording

that nature. And I've noticed that there's a good chunk of veterans who have different challenges

Similar wording

on getting back in their feet and adjusting to the civilian world. So I wanted to use my VA home

Similar wording

loan to get a house that was in the area that I grew up in and try to provide affordable

Similar wording

housing for veterans like myself because I fully understand for the most part about the challenges

Similar wording

that they face and I kind of resonate with that. And Mr. Allen have you been in contact with some

Similar wording

agencies that place veterans in housing to pursue this potential type of renter? Yes I have. Okay do

Similar wording

you have the name of that that organization for the board? Yes I've been in contact with

Similar wording

the representative at the veterans affairs office and i can find a name in a moment um

Similar wording

no that's that's okay i don't think we need that how you heard the the presentation that i gave to

Similar wording

the board today correct yes and would you adopt my testimony as your own yes is there anything

Similar wording

you'd like to add for the board's consideration

Similar wording

you certainly don't have to um i just like to add that um i received approval written signature

Similar wording

approval from both neighbors on both sides and you will be able to find that in the exhibit

Similar wording

thank you that will be all questions from the board

Similar wording

i have a question about the trash for the second level

Similar wording

So I know the first level has access to the yard.

Similar wording

What about the second level?

Similar wording

Mr. Allen, is trash currently just stored in the unit until trash day?

Similar wording

It's been outside.

Similar wording

It's not.

Similar wording

Well, it's currently being stored on the side of the house.

Similar wording

um it's an area to the left where there's a gate um where trash has been being stored

Similar wording

It's an area to the left where there's a gate.

Similar wording

where trash has been being stored

Similar wording

okay so that's that's access for both the first floor and the second floor right

Similar wording

yes okay thank you any other questions from the board

Similar wording

questions or comments from our attorney hillary emberson

Similar wording

not at this time mr chair questions or comments from the virtual audience

Similar wording

The comprehensive plan recommends no change in zoning at this location from the existing residential single-family RSA 5.

Similar wording

The appellant has not shown that there are unique physical conditions or circumstances that would prevent the property from being used in conformance with the zoning code.

Similar wording

The Planning Commission recommends that the board

Similar wording

deny the requested variance for a multifamily household.

Similar wording

MI 2024-005-789-235-North 61st Street, I vote yes.

Similar wording

John's, my vote is yes.

Similar wording

Cheryl Gaston, my vote is yes.

Similar wording

Sonetta Graham, my vote is yes.

Similar wording

Iowan, my vote is yes.

Similar wording

Thank you, counsel.

Similar wording

Thank you very much, Congressman.

Similar wording

Number 15, MI 2024, 006-026-5543 Grays Avenue.

Similar wording

Bernard Astasio is the attorney.

Similar wording

There's a letter of unanimous support from Southwest Philadelphia District Services.

Similar wording

Council Member Gauthier has also taken a position of support.

Similar wording

Councilman Gauthier supports the requested variance at this land use change as part of a community-centered long-term planning of Southwest spurred by trolley infrastructure improvements.

Similar wording

Good afternoon, Mr. Chair.

Similar wording

Councilman, I think early this morning, I think I swore you in.

Similar wording

Correct.

Similar wording

Sarah, could you identify your client in relationship to this property?

Similar wording

Yes, thank you.

Similar wording

My name is Vern Anastasio.

Similar wording

I represent Southwest Metals, LLC.

Similar wording

Sandra Morales is here this evening, this afternoon.

Similar wording

I'm sorry to testify on behalf of the applicant, as is her husband.

Similar wording

Stipulate to the reading of the refusal, and do you agree with its accuracy?

Similar wording

I do.

Similar wording

Share your screen and start your testimony, Sarah.

Similar wording

Thank you.

Similar wording

I have a 68-page exhibit packet that I will go through relatively quickly.

Similar wording

There is a zoning refusal, a floor plan and layout, some photos, RCO notification letter, proof of mailings, the zoning notice and proof of posting, the lease tax clearance, council support letter, and overhead views as well.

Similar wording

This is an I-2 district, so it's really an industrial site.

Similar wording

The proposed uses for junk and salvage yards and buildings on an existing structure, it is prohibited in the I-2 district, but the history of the property has always been industrial.

Similar wording

So with that, of course, this is now not working for some reason.

Similar wording

I want to stop sharing just for a moment.

Similar wording

and reshare.

Similar wording

I just got an error

Similar wording

on my

Similar wording

computer. I'm so sorry.

Similar wording

and that's my second case i'm sorry about that hold on

Similar wording

my apologies while I try to pull this together I don't know what happened to my

Similar wording

Okay, can we see that or no?

Similar wording

Keith Fishtown Animal Hospital.

Similar wording

No, that's not what I'd like.

Similar wording

Okay, hold on for one moment.

Similar wording

This is the 5543 Grays Avenue.

Similar wording

We're good.

Similar wording