civus
Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

or any disturbances that were reported on your text chain

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or any other sort of disturbances reported to you?

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No, we haven't had any issues with any of our neighbors.

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We've had over 100 stays.

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And as you mentioned before,

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it's been a pretty seamless relationship with all involved.

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Great.

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And did you hear the testimony I provided to the board?

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I did.

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Was it true and correct?

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It was.

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Okay. Do you adopt it as your own testimony?

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I do.

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Do you have anything else to add?

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I would just like to say that, you know, we've been through this variance process before.

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I feel that we've done everything in our effort to be accessible, to be on site, to be responsible owners.

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And again, going through this process a second time has been somewhat of a burden.

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And I'm hoping that we can move forward without having to do this again.

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Okay.

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Thank you.

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I'd like to now move all my exhibits into evidence.

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Okay.

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And questions from the board?

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No, just a comment.

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It sounds like the short-term rental is going well.

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Now, I hate to think that this process is burdensome because it was agreed to give just a limited permit for the use.

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And I think it's critical that the limited time be given so we can see if there are any issues come about.

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And it sounds like there hasn't been, so that's a good thing.

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um so i think this is just a necessary part of the process if you you don't want to you know

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carry on that type of agreed i just was um perhaps not quite clear uh initially that i would have to

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do this process again so um that's not your responsibility that's mine so i take ownership

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of that and uh for for what it's worth i believe uh uh mr rogers like most people wants to spend

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as little time with attorneys as possible so uh uh which i can certainly relate to

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but thank you any other questions for the board yes i have two questions one do you know if any

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of the other condominiums in your complex also have short-term rentals well it's not a condominiums

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there are separate ownerships um it's there's no hoa and there are other property owners and

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other renters. Okay. And then, so with the courtyard, do your guests have access still

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to that courtyard? The courtyard is always unlocked for not only our guests, but for

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all visitors, homeowners, renters, and visitors. Okay. And then my second question was, there has

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been some expressed opposition from near neighbors and was wondering if you could sort of expand on

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any commentary that you might have heard and anything that you might have from direct

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adjacent neighbors? The one neighbor is kind of hard to describe, but has a property in the

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next street over, I believe it's Montrose possibly, and her party wall is above us,

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and she has a deck kind of behind us. I was unaware that the previous owner had sold it to

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a new owner and she was just unaware that we were using our property as a short-term rental.

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There's no way for our guests to access her property or her, our property. I think she was

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just uninformed and we offered to share our information. And so it wasn't really beyond

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beyond that. I think it was actually to our credit that she did not know that there was

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short-term rentals because we haven't had any people create a ruckus or concern for her.

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The other guest, sorry, the other homeowner has been there for a number of years.

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I don't know how to articulate this in the best way, but she seems somewhat unfiltered and off

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a little bit and apparently has had issues with other residents.

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apparently has had issues with other residents who own a rent on the courtyard.

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So, and she has no, had no, hasn't had any direct criticism of our property.

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And I've offered multiple times to offer my accessibility for whatever concerns she may have.

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thank you i have no other questions any other questions yeah everyone has access to the

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courtyard is there some formal written agreement that all the owners to share maintenance or

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whatever for that area there is not um and in fact i make an effort to when i go there

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sweep or leaf blow or address, uh, the, the courtyard. So we, um, there's no prior history

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that I know of, of, um, kind of shared maintenance for that. As a matter of fact, uh, on my text

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chain, I did, um, get as many people as possible to participate in paying for, um, their share to

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repair the front gate, we had to have it welded and cemented and painted, and most of the people

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were in agreement and participated in supporting that effort. Okay. Questions from the virtual,

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questions from our attorney, Ryan McSherry? No, Mr. Chair. Questions or comments from the

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virtual audience. I see no hands at this time, Chair. Thank you. Planning Commission.

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Thank you, Chair. Sarah Bond, Philadelphia City Planning Commission. The comprehensive plan

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recommends no change to the existing RM1 residential multifamily zoning. The appellant

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has not shown that the property cannot possibly be used in strict conformity with the zoning code

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and that a variance is therefore necessary to enable the viable economic use of the property.

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The City Planning Commission recommends that the Zoning Board deny the variance for visitor accommodations.

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Thank you. MI 2024-005-635-412 Bamer Street No. 1, I vote yes.

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Temporary variance that will expire 2-1-28.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes

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with Proviso

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Tanetta Graham, my vote is yes with Proviso

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Taya Nguyen, my vote is yes

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Ishmael Shahi

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my vote is yes with Proviso

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Thank you, Council

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Thank you, members of the board for your time

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Have a great evening

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There's anyone in the virtual audience whose case has not been called

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I say no hands at this time, too

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Thanks, everyone

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We're an hour earlier than last week

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I just want everybody to know that

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And I want to thank Ryan McSherry for coming to Hillary's Rescue, and we appreciate you here, as usual, and thanks to everybody.

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Thank you.

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