Do the basement already have it set up for two units?
No, no, the basement is not a unit.
It's just a regular...
Is it set up with the utilities?
Oh, yes, yes, yes.
The utility, the gas,
each unit have their own
high water tank.
Everything is separated.
As I indicated,
my client, upon purchasing this property,
talking to the prior owner,
talking to the realtor,
talking to the appraisal
and the loan officer,
this has been a duplex
for over 30 years.
and i believe my client my client was yes um one are there separate pico meters you mentioned
every utility except for electric yes pico i'm sorry um i'm sorry i'm in delaware county
and waters what you're saying everything separate everything is separated correct
um and then i just at purchase um did you do what did you run title
well i didn't represent her at closing but i'm sure that title work was done she's on the call
though so yeah yeah she's on the call um i'm sure title was done um could she answer yes okay and
what did your title search say um i'm not sure i might be able to pull it up or i could send it
that's okay did you get title insurance i do have title insurance okay um i'm just my concern is
that all of the documents for this call
it a four-bedroom, one-bath, single-family
home going back in all the zoning records
for the city of Philadelphia.
So understanding that that's
different than the as-built
condition, I do feel like
there was enough information on the internet, I did
it while you were presenting, to
determine that this was not
a two-unit
legally.
So, I don't know.
I'm just trying to understand. Do you have any
sense of how many other duplexes are already on that existing block are you asking me yes or any
either of you so there's a duplex directly across the driveway from me um and i believe there's two
more there's there's like every other house is a duplex and then when you had the rco meeting
is a duplex. And then when you had the RCO
meeting, did any of your, like, adjacent
or nearby neighbors come and express their support?
I don't believe so, no, not to my recollection. Nobody
from the block attended the RCO meeting.
Can we see a copy of the RCO letter?
So the meeting was on December 17.
So it shows 15 in support and no one opposed.
I guess, Ms. Gallagher, do you intend to remain in one of the units?
Any other questions from the board?
Questions or comments from our attorney, Ryan McSherry?
Yes, Mr. Chair.
I would just like to note that although there was a letter of unanimous support from the 10th Ward Democratic Committee,
it did contain unenforceable provisos. However, we could require a certificate of occupancy
to address the RCO's concerns. Thank you. Questions or comments in the virtual audience?
I see no hands at this time, Chair. Planning Commission.
do you swear or affirm to tell the truth the whole truth is nothing but the truth
please proceed i think your mic needs to be on
thank you okay the comprehensive plan recommends no changes to the existing residential single
family zoning the appellant has supported their hardship claim with evidence of unique
physical circumstances or conditions of the property the city planning commission recommends
that the zoning board grant the variance for two-family household living mi 2024 005 582 1550
winsome street i vote yes with proviso obtain a certificate of occupancy prior michael johns my
vote is yes with proviso cheryl gaston my vote is yes with proviso tenetta graham my vote is yes
with proviso.
My vote is yes
with proviso.
Ishmael Shaheed,
my vote is yes
with proviso.
Thank you, counsel.
Thank you.
Number four.
MI 2024
002 349
Wesley I Avenue.
Joseph Vaccaro
is the attorney.
Joseph Vaccaro
will be rejoining us
as a penalist.
can you hear me i can mr vicaro thank you could you please state your name and spell for the
stenographer good afternoon may please the board my name is joseph vicaro v-a-c-c-a-r-o and i'm the
attorney for jose rodriguez and manuel rodriguez i have jose rodriguez sitting behind the computer
in my office okay uh hold on do you swear or affirm to tell the truth the whole truth and
nothing but the truth yes i do and could you uh hold on for a few questions from our vice chair
good evening counsel do you agree to weigh the reading of the refusal or stipulate
to its accuracy yes i do have you emailed in all the required documents and exhibits as needed to
proceed with this case five days in advance of this hearing? Yes. Thank you, counsel. Please
proceed and you may share your screen. Okay, thank you very much. If I may share my screen,
this is an application to legalize four apartments in this already existing building.
can you see we we see uh yes okay we don't see now oh oh dear okay see it now yep yes okay fine
so i'll start from the beginning my client jose and his brother manuel had purchased this building
which was built circa 1915 in 2021.
It already contained the four apartments
on the second and third floor,
which we're trying to legalize.
Jose and Manuel operate a first-floor grocery store, so this is a three-floor building.
Jose and Manuel operate a first floor grocery store.
So this...
There's a grocery store, which they operate on the first floor, and the four units, which
we are trying to legalize, are on the second and third floor.
Scrolling down, we have the refusal with the application to the zoning board with the project
information form, proof of mailing of our notice to the near neighbors.
we just passed the letter this is the letter that we sent to the near neighbors with proof of mailing
try not to scroll too fast so i don't miss any of the important exhibits
i'd like to focus on there we go so this is a schematic drawing of the building this shows the
The basement, my character is over the basement, if you can see.
The basement is used for storage pertaining to the grocery store.
The building measures approximately 60 feet on the 29th Street side and 50 feet on the Lehigh Street side.
It's a quarter building.
What we have, unit one consists of two floors. Unit one consists of two floors.
my the entrance to all four units would be from lehigh avenue and this is the my cursor is over
the main entrance where you would take the steps going up to the second floor and then there's a
hallway with additional steps going up to the third floor um with respect to unit one my cursor
is over unit one. This is, and it's actually labeled unit one here, unit one consists of
two floors. So this is the bottom part of unit one, which is on the second floor. And
then this is the top part of unit one, which is on the third floor. Going back to the second
floor, we have unit two, and my cursor is over unit two. And that consists of a two
bedroom apartment with a family area and a kitchen and bathroom. Here's the kitchen area
with the bathroom. And then unit three, my cursor is over unit three. That is another
two bedroom apartment, bedroom one, bedroom two, with a kitchen and bathroom area.
On the third floor, you have unit four. Unit four is a four bedroom unit, bedroom number four,
three kitchen family area hallway bathroom bedroom one and bedroom two this is all unit four
and then as i indicated earlier this is the second floor of unit one uh which can which is a two
bedroom apartment this is the view from lehigh avenue again the supermarket which my client
operates is here. This is the entrance that I described earlier. Unit 1 consists of these two
floors. This area where my cursor is now was Unit 2. Unit 3 would be in the back. And then this
would be Unit 4. And this is the 29th Street side. Trash would be stored in the back
along with the grocery store trash.
My client is not an absentee landlord.
He'd be at the site every day along with his brother
operating the grocery store.
So there's free and easy communication
between the landlord and the tenants.
If any issues come up, they'd be resolved immediately.
So far, there are no issues.
What happened was back in 2021, when my clients had purchased the property, it already was constructed in that area, in that way.
So they didn't realize that the property was not properly zoned for these four units.
And we're here trying to correct what the previous owner should have done, should have been doing.
This is an outside photo.
This is the Lehigh Avenue side.
Photo of the store.
this is again the lehigh avenue side
this is the corner my cursor where the windows are that's lehigh avenue where the bricks
My cursor, where the windows are, that's Lehigh Avenue, where the bricks are, that's the 29th Street side.
This is the 29th Street side.
This is an inside bathroom of one of the units.
The following photos are of the inside of the units.
They're already being occupied.
This is the front door to one of the units.
This is the unit one, the unit that consists of two floors.
one of the kitchens
scroll down some more
another restroom another bedroom
this looks this is a living room
another kitchen this fire suppression uh fire alarm system
So, this is a view from the roof of one of the fire escapes coming out of unit number three.
So, it's a means of escape.
This is a view from the back on the 29th Street side.
You have one balcony and another balcony.
Again, these are not terraces.
These are not balconies only for escape purposes in case there's a fire.
We had shown this document, this page from the OPA, but we had emailed to the board's council proof that my client did indeed pay the outstanding real estate taxes.
So I don't know why it's still showing that there's a negative balance, but we did submit to the board's council that the tax issue, that he is compliant with his taxes.
And we've also included the residential leases or the proposed residential leases for the units.
And we have the letter of non-opposition, if I could pull up that letter.
that's the proof of payment
I'm sorry
can you see that letter
okay I'll stop sharing
and then I'll start sharing
the letter
can you see it now
Okay. Here's the letter of non-opposition. We had a Zoom meeting with the RCO, Strawberry Mansion. I do have Jose Rodriguez. He's sitting to my left, but as I was saying earlier, he speaks Spanish. So I would ask the board to accept my testimony as if he were, as if he were testifying.
And you communicated with him. You understand everything.
Yes, I do.
All right. Questions from the board.
Yes, I have a question.
How many of the units are currently occupied?
They're all currently occupied.
Other questions?
Mr. Vaccaro, did you notice the provisos that the RCO recommended?
i'm looking for me i'm looking okay i didn't i didn't see any provisions so so so let me read
it to you sure interior trash storage no household living in the basement and a sale to be must be
obtained that's fine okay that's fine in insofar as the basement the basement's already being used
for his grocery store.
So he has no intention
of using the basement
for the tenants.
I actually have another question.
Has any construction work