immediate neighbors so did the rco support the legalization because everyone in that neighborhood
knows this property knew mr de jesus and knew what he did to the property i'm going to show you
the current value of the property and the cost of conversion and why it's all upside down and why
what we're asking for because of this unique physical condition. There is, in fact, a hardship.
My client did not create it. And granting the variance will not negatively impact anyone,
light, air, congestion, or otherwise, because it has existed for nearly 20 years,
actually over 20 years. Here's the valuation that we pulled recently, $117,400.
Here are the costs of conversion.
Here's one estimate at $200 a square foot, comes in just under $280,000 to convert.
Second estimate was even more, ranging between $312,000 and $353,000.
And that wasn't just assuming the property was in good condition without looking at inspection for termite damage, water damage, mold, or other extraordinary circumstances.
circumstances. Now, in addition to the property being sold, my client being hoodwinked, thinking
that he bought a three-family dwelling, not only did he get fooled in use, he actually got fooled
as it relates to the meets and bounds of the property. A client assumes the property, as I
I said did some minor cosmetic upgrades and also believe this was his yard.
He put in a he put in a brand new fence because it was fenced before that was falling down.
And that's what he believed the yard was until just recently.
He gets this on his door. Sheriff's sale, rid of execution.
that backyard is a whole other property that by the way he was not aware of and that backyard is
And that backyard is being sold at sheriff's sale.
being sold at sheriff's sale so not only did my client get
So not only did my client get fooled as in relation to the use of the property, believing he was purchasing a three family dwelling when in fact he was not.
He also believed he was purchasing a property with a sizable yard that he actually went and spent time and energy putting in a new fence only to learn subsequently that that's a whole other property, not even part of his deed that he is now losing.
So because my client is a victim of circumstance here, did not create this hardship.
And of course, we've already, I want to show you this as well.
The council office also agreed.
Just this week, she wrote another letter.
This is the second letter in support of this legalization of the pre-existing non-conforming
three-family household living.
So because the council member and the council member's office knows this property as well.
Again, Mr. DeJesus was a well-known person in the neighborhood.
And he also put on a third floor.
It's a whole other story.
But since the council person understands this and supports this, since everyone within on that block, 26 signatures in support, knowing the long history,
because my client is now not only lost the use, but now lost most of his yard.
Because of the unfortunate circumstances, not being from Philadelphia originally, we're asking for relief, and we do hope you understand that our request is reasonable, and I respectfully request it.
With that, I'd like Donovan Brady to come on at this point.
Good afternoon, everyone.
Hi, could you please state your name as Belfort Osteographer?
Yes, my name is Donovan Brady, D-O-N-O-V-A-N, B-R-A-D-Y.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Counsel?
Thank you. Mr. Brady, did you hear my presentation to the board this evening?
Yes, I did.
True and accurate to the best of your knowledge?
Yes, it is.
And do you adopt it as your own testimony?
Yes, I do.
I have nothing further, Mr. Chair.
Questions from the board.
Okay. I hear the tale of, well, I guess I'm just trying to figure out when this property was purchased.
Did he have a lawyer? Did he have title insurance? Did he have anybody looking into the use, the meets and bounds description of what he was purchasing?
He reasonably relied on the realtor who was selling the property. Like most Philadelphians, he did not hire a lawyer and purchase. Like most Philadelphians, there is no, especially when you're dealing with row homes, we all know, we don't do surveys when we buy row homes.
I mean, it's just not a traditional thing to do. It was marketed as with with that big backyard.
It was marketed as a three family dwelling. So he did not. The simple answer is no, he did not.
He reasonably relied on the agent at that table. Yes, he got title insurance.
But as you I believe, you know, Miss Gaston, they don't check for use.
They did not. Everything that was before him when he signed pointed to a three family dwelling and and and everything that he everything that pointed to a big backyard.
I hear you say that, but that's the whole point of having the title insurance so that there's somebody who, if there is some kind of, I don't know what to call this, error, mistake, whatever, that you can go to the title insurance company and say,
hey you know you were supposed to um what i paid you for was to research um the title for the
property only the title that's how they get out of it because it's only the title it's only
easements it's only encumbrances it's only liens they do not and i've been before this board many
times uh where uh for instance broad and ellsworth my client purchased an 11 unit building
what spent over a million dollars it turned out what he actually bought was a funeral parlor and
a duplex he didn't know that because title sailed right through the title does not check
The title does not check or verify the legal use.
or verify the legal use if they did
If they did, we wouldn't be here.
And then, okay, we'll go get past that.
What happened with this third story now that's on this property?
How did that happen?
No, it was built.
I mean, it was built legally.
I wasn't indicating that it wasn't built.
Are we sure?
Because there's no permits that's been pulled on this property.
Yeah. Well, there's no violations and there's no indication with regard.
Violation does not mean it was done legally. It just means Ellen and I didn't get it done.
That's true. We're going to find out if we are lucky enough to get a CO, right?
You know, that's that's the goal here. This is going to be the safest house on the block.
Once my client gets if he's lucky enough to get this variance, he has to go through the CO process.
thank you
and again none of that ever showed up on
title or anything like that
questions from our attorney
not at this time
questions from the virtual audience
I see no hands chair
planning commission
we won't be changing our
recommendation from the previous hearing
Okay. So MI-2025-004-757-2963 North Barnes Street, I vote yes. Certificate of occupancy to be obtained.
Michael Johns, my vote is yes, with proviso.
Cheryl Gaston, my vote is no.
Tanetta Graham, my vote is yes, with proviso.
okay tie it when my vote is no
okay so we're hillary we're three two
that is correct that's it is that the vote yes yes okay thank you so it's been granted thank you
Thank you very much.
Number three, MI 2025, 002-760-1267 South 18th Street.
Eric Carroll is the attorney.
And he's coming in now as a panelist here.
Uh-huh.
Letter of non-opposition from residents organized for advocacy and direction.
Good afternoon, board. Eric Carroll, on behalf of the owner-applicant, T. Chris, LLC.
With me on the Zoom should be Chris Tomasco, who is the managing member of T. Chris, LLC.
Eric, could you state your name again and spell for us?
sure eric eric carol c-a-r-r-o-l-l you swear or affirm to tell the truth the whole truth and
nothing but the truth i do you identify your client one more time in the relationship to
the property yes chris tomasco k-r-i-s-t-o-m-a-s-c-o uh he is the managing member of t chris llc the
owner applicant our vice chair has a few questions for you good evening have you uh submitted your
documents five days in advance of this hearing? I have. And do you waive the reading of the
refusal and stipulate to its accuracy? I do. I thank you. You may proceed with your case. Thank
you. Okay. This project is 1267 South 28th Street. It's at the corner of 28th and Wharton
Streets in Grace Ferry. It is not the building in the background. It's this vacant lot that is
fenced in here. It has been a vacant lot for some time, at least 20 years. I'm not sure when
it became vacant. My client proposes to build a two-unit multifamily home. We're here
because of the zone CMX2, which requires a ground floor commercial use, and we are seeking to put
a residential use in that ground floor. Hey, Eric, just let me check one minute, because our records
are showing 18th street and you're saying 28th but mr chair no that that was an error it is 28th
street my apologies thank you very much okay um i'll show you the exhibits that that were sent
last week uh this these are some photos of the property showing the posting of the notices
this is a view from 28th street this is 28th street as well this is the view from wharton street
This is the view from Wharton Street, as is this.
As is this.
And here are the notices.
Again, my client is T. Chris LLC.
It's the owner.
They purchased the property in January of this year.
Tax clearance certificate was also included.
This is the refusal.
As I said, this is a CMO2 zoned property, which requires ground floor commercial use.
We are requesting to put residential instead of commercial.
The reason for the hardship is purely the building costs wouldn't justify putting in what could fit on the ground floor, whether it was a corner store or laundry or something like that.
It's a small enough property that's not going to be a big income producing commercial property.
What we are planning to build, you can see here, it would be a three-story building with a roof deck, two units.
The basement and first floor would be the first unit, two bedrooms, one-and-a-half baths.
The second and third floor would be the other unit.
Those would have three bedrooms and two baths, and then the roof deck.
I have the application for appeal, project information form.
There was some confusion about who was the coordinating RCO with this.
The initial notice I received said it was one of the Grace Ferries, but it turns out it was actually ROAD, the Residents Organized for Advocacy and Direction.
We sent out the notices. We had a virtual meeting on October 7th with the director, Mika Outlaw.
Nobody attended. So Ms. Outlaw issued a notice of non-opposition.
So again, we are requesting a variance to put a two family, two units of residential in this property that is owned CMX2.
Eric, what's the rest of the property, the block look like? Is it other multiple units?
It's all single families and multiple units.
There really isn't that much commercial use, even on the corners in this property.
If you go up a block and a half, you get to the Fresh Grocery Development off of Grace Prairie Avenue.
So there's a lot of stores within a very short walking distance.
Is this the only three-story building on the block?
This would be on the block of 28th Street.
There's a couple others. If you go south along 28th Street, south of Wharton, there are a couple, and this is a corner unit, so it's not going to be totally out of character with the neighborhood.
You want to bring your client on?
Yes. Mr. Tomasco, are you present?
Chris, can you raise your hand if you haven't already?
He's coming in now as a panelist.
Hello.
Could you please state your name and spell for the stenographer?
Kristen Tomasco, K-R-I-S-T-I-N, last name Tomasco, T-O-M-A-S-C-O.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
Mr. Tomasco, you are the managing member of T-Chris LLC?
Were you present on the Zoom when I submitted my testimony and other evidence?
To the best of your information and belief, was all of that testimony and evidence truthful and accurate?
Do you adopt that testimony as your own on behalf of TICRS LLC?
Thank you.
Counselor, could you put up your drawings again?
The plans.
Questions from the board.
Yeah. What's your plan for trash storage?
I believe we have a closet in each unit for trash.
And there's also a yard in the back of the property.
And I believe the original building that was knocked down,
there was three story.
um i think that two of the other corners of this intersection are three stories and um i believe
the whole block of 1200 south 28th street is rm1 already so is that basement living you said
um the unit yes the one unit would have two bedrooms in the basement
egress wells both in the front and back.
egress wells both in the front and back
Is this being built on top of the
no this is you're tearing down the existing structure.
It's already a vacant lot. Already a vacant lot. It was
vacant when my client purchased it.
And then do you have a section?
What's the depth of the basement below grade?
I believe it's five foot below grade, maybe even a little less than that.
I think it's four feet.
Reading the plans, I think it's four feet, four inches.
Other questions from the board?