The other concern that we have is that it is currently owner-occupied.
But, you know, life lives and the owner doesn't always have to be on the premises.
And then what happens is you have three units and nobody knows what would happen or who would be managing that property.
The other issue is that it seems unlikely to us that this was not known at the point of transfer when it was purchased, that it was single family.
And whatever needed to be done, it seems to me and to the community should have been done at that time.
The precipitating factor at this point in terms of coming forth for variants is that there appears to be a change in the tenancy.
is that there appears to be a change in the tenancy, and based on that, the home had to
come into compliance in order for them to continue the rental. So again, our position is that this is
single family. We are not ashamed of the fact that we live in an area that has a predominance
of single family, but there's group homes, there's apartments, and we understand that,
but the people who live here, for the most part, live here because they want to be in an area
that is not quite as densely populated.
So again, we're going back to the fact
that the documents seem to indicate
that it was on record
and that this application, it seems to us,
should have been made at another point in time.
We are not in favor of a blanket approval
of the zoning variance
because there's no protection to the community
for what happens when the owner vacates
by choice or by chance.
And so that basically is our position.
I will certainly make sure that you have this on record, and I offer my sincerest apologies.
No, no, no, no, no.
Because I made every effort to get it to you in advance.
Mr. Anastasia, do you have any questions?
Just one, Ms. Frida.
So you do acknowledge that since 1963, it has been physically presented.
It has been a three-family dwelling.
Is that right?
It's been illegally, yes.
It's been in violation as a three-family.
I acknowledge that.
I appreciate that.
And are you aware that there are more than six existing properties just in the very immediate area, all legally approved as three-family dwellings?
No, I am not.
I do not know the status of the immediate.
Well, we did submit that today.
And you are aware of the petition of seven homes on that particular block.
My petition has six names, not seven.
And we just updated it with one.
And you were you were presented with that petition of the six immediate neighbors at the RCO.
Is that correct? Yes, I was. Yes, sir. I thank you very much.
And I respectfully thank you for testifying. OK, you're welcome.
Thank you. Thank you for your testimony. Is there anyone else in the virtual audience?
Yeah, Mr. Chair, I just want to object to the RCO letter itself.
There are many factual errors in it, the first being that this was ever a single-family dwelling.
It hasn't been a single-family dwelling in my lifetime, and I don't think even in the chair's lifetime.
So it's been a long time since it ever was a single-family dwelling.
Thank you.
Questions or comments from the virtual audience?
Any more?
Yes, I have one more.
Okay, two more hands.
One is from War Rotherspoon.
I've allowed them to speak.
Hi, could you please state your name and spell for the stenographer?
Ora, O-R-A, last name is Witherspoon, W-I-T-H-E-R-S-P-O-O-N.
Hold on, hold on.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Ms. Witherspoon, are you a neighbor?
Please proceed.
I am opposed to a three-unit apartment, more so for the mayor, in fact, the dense population and the vehicles that will be parked in that area.
Second of all, due to the heavy traffic.
And thirdly, because if this house, this neighbor that owns this house right here, she has not been a part of the the unit, the sections we have.
I have never seen her. I've been in this area since 2008.
She doesn't attend any of the meetings. And if she wanted to have a communication with the neighbors, I think she would have made herself more so available to the community. So I'm opposed to it.
mr anastasia you have any questions sir i i have nothing really to add other than my client
regularly attends the rco meetings especially the zoning ones uh her occupancy of that property
predates miss witherspoons coming to the neighborhood uh and as far as traffic and
congestion again these three units have been occupied for 65 years uh with no incident no
issue. In fact, at the RCO meeting itself, overwhelming majority, and I know Ms. Frieda
will testify to that if I ask her to, overwhelming majority of the folks praised my client for the
improvements to the property. We're not trying to do anything here, but legalize the previous
thing use. Thank you. Is there anyone else in the virtual audience?
Yes, Mr. Chair. Kelly McShane Tyree, I have allowed them to speak.
Hi, could you please state your name and spell for the stenographer?
Hi there. My name is Kelly McShane Tyree, K-E-L-L-Y-M-C-S-H-A-I-N, Tyree, T-Y-R-E-E.
Hi there, my name is Kelly McShane Tyree, K-E-L-L-Y.
Do you swear, hold on, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
I am a neighbor in East Oak Lane. I am involved with the Civic Association. I own a single family home, which I have restored.
and i just finished a project on 66th avenue that might have some relevance
okay please proceed yes thank you um overall and this this is always a sensitivity especially when
you really really 11 i really really respect this homeowner um and and totally sympathize
with the fact that a property has been um grandfathered in in a way um i have to speak
more in generally and just that i just ask that the zoning board continues to protect the highest
and best use originally intended uh as well as the unique character of this contributing middle
neighborhood of east oak lane it's it's small and engaging we already have a blessing an over
blessing of a lot of apartment buildings along 66th avenue many large many mid-sized uh as well
as originally designed in existing duplexes triplexes and quads so the owner occupant
rows twins and very rare for the city's single family homes they are delicately balanced this
equation in this small 10 block by 10 block area so what does impact in one corner really does in
another i am so extremely concerned about precedence um and and that is really the
sensitive discussion. So I just finished a three and a half year restoration rebuild of a 1905
Dutch colonial that faces 66th Avenue. I could not have made that investment. I could not have
dove into that project were it not for the fact that I could be assured that the zoning across
the street and next to me and on the other side was protected single family because we have a huge
tipping point apartment building on our block and so this is the sensitivity we have to maintain
that delicate balance i trust that the zoning board i do trust while kristen is there that
she will do a fantastic job with this property because i think it's always beautifully maintained
I am concerned in general about properties moving forward and being divided up into from single family to triplexes.
I'm also a professional realtor.
We're getting knocks on the door all the time for people to do such a thing.
So it is a very, very important conversation.
So thank you.
Well, thank you.
Thank you.
Kelly, one quick question.
but it's apparent that this place has been a triplex for a long time even if it's illegal
i did not know that okay all right thank you mr chair may i ask you just a couple questions
sure sure miss tyree what's your legal uh what's your legal address uh my well the one that the
property that i just was uh just i'm asking for the address upon which you file your federal tax
returns oh sure what is your legal residence yes in east oak lane 68 13 north 10th street
north 10th right so the 66th avenue property that you purchased when did you purchase it
uh the 66 three and a half years ago and they just sold it to a couple who bought it because
they knew it was single family in the property so you purchased it three and a half years ago
you renovated it and you flipped it is that right uh yes that's specific the other one i am living
in i restored and i got a um a homeowner award from the preservation alliance of philadelphia
i'm still living there a half a mile away right yes and actually more than half you know that
one of the properties that you mentioned 6709 north 6th street that is a a triplex that my
grandmother and grandpa julia and tom mcshane um owned for decades so your grandparents actually
converted to three family right no they did not no that was actually originally um uh structured
in such a way so they had a three-family dwelling on the same block your own family
my own family did have one thank you thank you nothing further mr chair anyone else in the
virtual audience yes mr chair of vivian chestnut i've allowed them to speak
i could you miss chestnut could you could you identify yourself please
Vivian Chestnut
V-I-V-I-A-N-C-H-E-S-T-N-U-T
Do you swear or affirm to tell the truth
The whole truth and nothing but the truth
Yes I do
Yes, I do.
Ms. Chestnut
Ms. Chestnut, we've had a lot of testimony about this on both sides.
We've had a lot of testimony about this
On both sides
Are you in favor or against this project?
I'm against the project.
Is there anything you can offer other than what we've already heard?
No, it's that I've lived in Philadelphia all my life.
I've lived in East Oak Lane for the last six years.
My question is, the reason why this neighborhood still looks and feels the way it is,
it's because it's 90% single-family home, and it needs to stay that way.
for people who can't afford to live in the suburbs
or who choose not to live in the suburbs.
All right.
Thank you very much for calling.
We appreciate it.
Is there anyone else in the virtual audience?
I have no cross on Ms. Chestnut
other than to say that my client doesn't necessarily disagree with her at all.
We want to keep East Oak Blaine exactly the way it's been for the last 65 years.
and that means legalizing the existing use.
No further answer, Mr. Chair.
All right, thank you.
Planning Commission.
Ron Bednar, City Planning.
The property is indicated for residential use on the city plan
given the site-documented three-family use history
with off-street parking available.
Recommend request of variance for granted.
Thank you.
MI 2024
66 Avenue. I vote yes.
I see a thumbs up there, Mr. Chair.
He's having a hard time.
He's in the car, I think.
Thank you. Thank you very much. Thank you, counsel.
Let the record reflect that Mr. Shahid voted yes.
He voted yes. Thank you very much.
Okay. Number five, MI 2024-000104, 4230 Howell Street, number T2123607, Henry Clinton is the attorney.
We do not have an RCO letter as of yet with this.
He's coming back in as a panel, sir.
Okay, thank you.
Here we go, Mr. Chairman.
Mr. Clinton, you've already been sworn.
Could you just state your name for the record?
Sure, Henry Clinton, C-L-I-N-T-O-N.
Can you hear me now, Chair?
We do, we do.
Thank you.
could you identify your client relationship to this property sure there's two clients husband
and wife Henri A-N-R-I and Arena I-R-E-N-A Abedini A-B-E-D as in Dennis I-N as in Nancy A
and our vice chair has a few questions for you sir good afternoon counsel do you agree to leave
the reason of the refusal or stipulate towards accuracy I do have you emailed in all the required
documents and exhibits that is needed to proceed with this case five days in advance of this
hearing i have thank you council please proceed and share your screen thank you mr sheen
mr chairman is that visible we see it sir uh good afternoon mr chairman members of the board