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Hearing video

ZBA Hearing - August 19, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 19, 20266h 49m

The whole sheet's still not visible.

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Okay, one second. I wanted to show the access to the basement.

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Here's the access to the basement.

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Okay.

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other questions yeah go back to the sheet of the yeah that that the sheet they propose yeah

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the proposed plans yeah the proposed yeah right so that so that sheet um where does that

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Well, for one, let's start with your units kind of don't work because you've got too many bedrooms and too small of living areas for those bedrooms.

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You've got a three-bedroom unit with just basically a kitchen.

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You know, it's got a kitchen and the three bedrooms.

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It just doesn't work.

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Where does that second stairway on that third floor go?

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Is that to the attic?

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The attic?

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let me see there's a there's a stairwell there that goes that goes to the attic yes okay so

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you see that that uh unit you got three bedrooms and just a kitchen that there's nowhere there's

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nowhere for living room there's nowhere for you know it doesn't work same thing with the second

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floor you've got three bedrooms and barely room to have any sofa chair anything you know the first

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floor is same thing you've got two bedrooms and barely enough room for any kind of living space so

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in terms of the layout the units don't work okay now that is a big property it's about a

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3 300 square foot property i understand that understand that but based on the plans that

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you provided it doesn't show that it's they're livable for the number of bedrooms that you

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provided were they one two bedrooms maybe on the second and third floor then you've got a decent

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enough living area right but it's three bedroom units they don't work so okay they just don't

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do you see the sizes for the bedrooms um yes because he zoomed in 13.8 okay yes i understand

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what you're saying you look at the space that you you have 181 square feet you have 181 square feet

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for kitchen dining room and living room for a three-bedroom unit okay okay the bathrooms look

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out of scales but that's a minor issue that doesn't have to do with zoning got it right

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so it's so just kind of based on that it's it's tough for me to support what you're trying to do

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other questions yeah and you said uh the trash for the units would be stored on the outside

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and then are you building something to yes i'll be building something out there okay yes

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there's plenty of space on in the rear to build that all right and then i'm gonna

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to give my pet peeve. My pet peeve is that I don't like it when you have to wander through

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all kinds of spaces to get to a bathroom. When you're laying there, you get up at two or three

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o'clock in the morning, the idea that you have to wander through these three bedrooms and then

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the kitchen to get to a bathroom i i i think that that's a horrible layout and i agree with um

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board member zones about the size of you know the idea that you're trying to squeeze three

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bedroom units in here it just it just doesn't it doesn't work i think we have some opposition here

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attest by but let's go to our attorney first uh sure lynn reidel huber board council um i had a

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quick question are you asking for any parking i don't believe you are correct no there's public

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street parking there's plenty of parking um like i said across the street there that block is wide

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open at night no i meant parking on your property no i'm not asking for any parking all right just

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for the record um there should have been refusal for parking um with regard to your application

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just putting that on the record all right questions from the audience come on up sir

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there's there's a gentleman here who's going to testify apparently in opposition to this

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good afternoon sir good evening oh well no this is our afternoon this is our afternoon

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afternoon okay afternoon but but before you start thank you for being here so long i know you've

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been back there a long time uh could you please state your name and spell it for the stenographer

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my name is thomas weeks t-h-o-m-a-s w-e-e-k-s do you swear or affirm to tell the truth the whole truth

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W-E-E-K-S.

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

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Yes, I do.

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Mr. Weeks, are you a neighbor?

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I am a committeeman in the 51st, and I live in the 23rd, which is what we're talking about.

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Sure. Why don't you start your testimony?

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The proposed project fails to satisfy the criteria set forth in the Title 14 of the Philadelphia

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Code for granting a zoning variance, specifically the proposal.

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Number one, it creates unnecessary hardship, self-imposed by the developer.

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However, the subject property can be reasonably developed under its current RSA 3 designation.

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The applicant has failed to demonstrate a unique physical hardship inherent into the land.

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Two, alters the essential character of our neighborhood.

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The proposed density and the scale are incompatible with the existing context of surrounding properties, altering the character of our block.

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Three, negatively impacts in structure and quality of life. The increase of density will accelerate severe local parking shortages, increased traffic congestion on this residential street.

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which already has a daycare center and a church, and strains existing public infrastructure, including trash pickups.

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Number four, last, sets a harmful precedent, granting this variance undermines the neighborhood's master plan and the community-supported zoning designations.

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This proposal is not a plus for our neighborhood. He's mentioned parking. He's also said that there's plenty of parking, and that is not true. I live on the street beside it, Ashland Avenue. I'm the block captain, and I have a garage.

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um there are many women who have jobs on my block and um because of the cars are

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are there's so many cars in the neighborhood i tell my neighbors just the women if there's no

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parking and on the block which and there isn't a lot you can park in front of my garage um that's

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the least i can do but uh i'm going to say that's it um it's it's not it

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it's it's not a plus for our neighborhood thank you you spent a lot of time here today we appreciate

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it thank you anyone else in the virtual audience

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mr chair i do not see any further hands mr davis i'll give you a chance to respond

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okay yeah i would like to respond to that um i didn't say that my uncle was the previous owner

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My uncle passed away. I purchased the property from my cousins because properties of this size.

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They take a lot of maintenance. I did send some pictures of vacant lots where previous houses that stood,

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I guess they went on maintenance, burglarized, vandalized, and torn down.

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And there's definitely a lot of houses in the area that pretty much the same way, kind of disrepair.

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My plan here is to keep this property from going down by having multiple families in the property.

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um multiple families um i believe will be a good use of the property

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by one of the main reasons there aren't a lot of big families uh nowadays um and that's a big

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property which means that that would be a big overhead on whoever stays there if that is a

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single family like i said there are a lot of properties i noticed in the area just just

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repair and it just kind of falling away kind of defacing the neighborhood if you will my goal is

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to uh put a few put a few properties together affordable properties that will kind of help the

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housing market the the city what the mayor is trying to do as far as affordable housing

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and and in regards to the parking it's not guaranteed that everybody that lives in 1233

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street will drive there's a lot of people that use uh ride share apps nowadays um

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And on 58th Street, across from the property, if you come outside at night, that is totally vacant at night.

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and on 58th street across from the property if you come outside at night that is

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So there's plenty of places to park over there.

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All right. Thank you very much. Planning Commission.

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Addison Matera, Planning Commission staff.

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The comprehensive plan recommends no change to the existing RSA 3 residential single-family zoning at this location.

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

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The Planning Commission recommends the board to deny the requested variance for multifamily housing.

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Can I say something before we make a ruling?

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I just want to say I don't necessarily have an issue or a problem with multi-unit or duplex or something like that.

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My issue is with the layout.

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Right. My issue with is with the density of the units that you made.

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Got it. So I guess to that to that point, do you have an issue with reducing that plan or changing the plan?

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And I know that's not a zoning issue, but I just can't vote and support with that or reducing the number of units.

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I don't have an issue with that within reason.

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well um we're going to have to do a resumptive hearing right right you're going to have to

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go to but but the issue are you going to change i mean we don't do a resumptive hearing come back

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with the same thing same thing right no no that that's not my stance at all well how many apartments

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you're going to have uh well i have to talk it over with the architect it has to be feasible

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has to be it has to make sense

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okay um here's here's what here's what i'm going to do go ahead um we can we can hold this for

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discussion right and if during the discussion we could come back out and say resumptive hearing

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okay sure right right well

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I get that. But what do you do with the thoughts and events, right? You're on the bench, too. He's got a big, significant change.

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That's right. Right.

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All right. I'll tell you what I'm going to do. We're going to take this under consideration. I'm going to vote on this next Wednesday at 930. Okay?

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Okay. All right. And we'll let you know where we stand. Okay.

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Got it.

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number four mi 2026 001 740 1643 north marshall street yolanda arnetta yolanda come on

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um and we're helping on this one oh here you go all right i'm first of all i'm sorry you had to

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be here for this long period of time but uh actually with this the earliest which we've

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been in a long time so do me a favor could you please state your name and spell for the

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stenographer sure my name is yolan arnett that's y-o-l-a-n-a-r-n-e-t-t all right do you swear or

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affirm to tell the truth the whole truth and nothing but the truth yes our vice chair is

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going to have a couple questions for you okay good evening um have you submitted your documents

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and exhibits five days in advance of this hearing yes okay and you understand that you're here for

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visitor accommodations and you also understand your refusal to be um visitor accommodations are

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prohibited in your rsa5 district yeah okay all right so you're going to get some help with um

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your document so you could just tell us what you're trying to do sure and i've prepared a

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written statement if that's okay that i sure read it um hello my name is yolan arnett and i'm the

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owner of the property located at 1643 north marshall street i am here regarding my application

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to renew my visitor accommodation use variance, which was previously granted in January 2023 by

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this board. Over the past several years, I've operated this property responsibly as a short-term

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rental while maintaining it as a legally existing three-unit residential building. The variance

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allowed me to provide temporary accommodations without making any structural changes to the

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building or altering its residential character during that time the property has operated safely

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quietly and without incident since my previous variants expired on january 15th of this year

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i'm respectfully required three years three years yes okay i am respectfully requesting

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I am respectfully requesting approval to continue the same use under substantially the same conditions that the board previously found appropriate.

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approval to continue the same use.

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This request does not involve any expansion of the building, an increase in number of the dwelling units, or any physical modifications.

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The property remains exactly as it did when the variance was originally approved, a legally existing three unit residential building whose layout naturally accommodates independent short term guests.

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The only relief I'm requesting is the continued flexibility to rent those existing units for shorter periods of occupancy.

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I've made all of the required efforts to work collaboratively with the surrounding community, including the required neighborhood outreach and participating in the RCO meeting.

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Following that meeting, the RCO voted in support of my application and submitted a letter to the board recommending approval.

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the letter notes that the community members expressed positive feedback regarding the

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property's operation there were no complaints regarding the property and the rca rco ultimately

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voted in favor of supporting this application i believe that support reflects reflects how the

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property has been managed my goal has always been to operate in a manner that is respectful of my

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neighbors and consistent with the residential character of the neighborhood guests are provided

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with clear house rules regarding noise occupancy and respect for the surrounding residents

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occupancy levels remain comparable to traditional residential use

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and there are there has been no increase in traffic demand in public utilities or impact

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on public safety beyond what would be expected from residential property this application is

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not asking for the board to approve a new or more intensive use. Rather, it's a request to continue

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a use that has already been demonstrated to function successfully and responsibly.

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The previous variants provided an opportunity to show that visitor accommodations at this property

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could coexist with the surrounding neighborhood, and I believe that experience has confirmed

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exactly that. I asked the board to consider not only the physical characteristics of the property

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and the legal standards for variants, but also the property's actual operating history.

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The building has remained residential, the neighborhood has not been adversely affected,

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and the community has expressed its support for the continuing use. For these reasons,

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I respectfully request that the board grant my application to allow me to continue operating

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1643 North Marshall Street as a visitor accommodation under the requested variant.

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why don't you do me a favor see the what's up yes why don't you talk us through what you have

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of course so these are some images of the property um what you're looking at are at the

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very top two are the external uh images of the property um you can scroll to the next page of

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images please these units do you have three okay um these are some pictures of the internals of

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what the units look like where's that this is the second floor okay this is the third floor yep

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any questions on the image um questions from the board see what the board says how many bedrooms

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and bathrooms does each unit have each unit has three bedrooms and two bathrooms and then um

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where have you currently been um posting these for to find your tenants primarily airbnb i also

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have a listing on verbo but there's not much traction that comes from there and then just

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from like a hardship i understand that you already had approval to do short-term rentals like what

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drove the decision to make the entire building short-term rentals instead of in the middle of

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a housing crisis in the city renting any of the units out as traditional rental since they are

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actually so when i bought the building in 2021 that was my intent i bought it as an owner occupied

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So I stayed in the building for two years before moving back to New York City. And I had, I bought the building with one vacant unit, which I occupied, and the other two had long term tenants. Unfortunately, I think the nature of the units, being three bedroom and two bathrooms, either only attract family structures, or I'm right by Temple University.

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well away i teach temple roommate situations and it was just a nightmare i had to go through

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the eviction process or at the time there were um some supports from the city with um slowing down

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some supports from the city with um slowing down the eviction process for tenants that were not

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paying and ultimately as a young investor i did not want my investment to go sour and so i wanted

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to try the short-term um route to see if the building could be more profitable and it did

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prove to be more profitable and in fact it supported the community in different ways i

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I actually have a lot of community residents

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that are in between housing that stay at the Airbnb

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or for students that are graduating

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from Temple University, this is where their families come

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or for neighborhood residents that are hosting Thanksgiving

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or some family reunions, even funerals.

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I have been hosting a lot of the supporting family members

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and residents for those events.

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And so I actually find additionally a lot of workers that are like doing construction in the area, their companies tend to rent the units and have like three or five guys staying in the unit.

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So the building actually supports a lot of community residents or connected members to that.

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But for me, the use was just because the long-term tenants proved to be a little challenging for this particular structure.

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I think if my units were smaller, it would attract potentially some more stable tenant styles.

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but okay um i find that interesting given it's three bedrooms and that's like exactly how many

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people you can we have in a rental in philly versus a lot of the other residents in this area

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where there's more bedrooms and it causes other issues but i i hear you and understand you my

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other question then is about property management since you are so far away how what what is your

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process and are you working with a partner to manage and clean the property yes so i have a

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co-host um that manages the airbnb and they are the ones that hire the cleaners and they basically

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manage the logistics of um the day-to-day for the building um yeah okay any further any other

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