civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

um i'll go ahead you go ahead type i have a question around how much work the architect

Similar wording

has proposed needs to be completed to bring this up to code?

Similar wording

So we would need to install a sprinkler system basically legalize the fire separation between

Similar wording

the two units really that that's already done we just need to kind of drill some holes in the wall

Similar wording

and confirm you know the thickness of uh the gypsum board and then it's mainly uh separating

Similar wording

the utilities the electric between the two units um the best electric are all utilities

Similar wording

well water water is uh yeah water is basically common in most buildings between units and

Similar wording

And I believe he has all electric appliances, but if he has gas, the gas would also need to be separated.

Similar wording

And is there more so for the owner? Is there a plan in place for the two existing tenants while this work happens?

Similar wording

Well, I was going to actually add that. And this is something we discussed at the RCO that we will pay for.

Similar wording

and i'll have um i'll have andre you know confirm this but pay for temporary we hope it's just

Similar wording

temporary but we pay for their displacement during during any construction any anything that was

Similar wording

invasive and just to confirm hillary that's not enforceable though correct no that that would not

Similar wording

be any other questions for the board yes what is in this basement

Similar wording

And what is in the basement?

Similar wording

And this is, you said it's a level.

Similar wording

Currently, it's part of the front unit.

Similar wording

When you come down the stairs, there's kind of an open room area that essentially Andre and the current tenants kind of use as like a den.

Similar wording

and then in front of that is a laundry

Similar wording

and storage area

Similar wording

so the upper right hand pictures

Similar wording

show those areas

Similar wording

and you said

Similar wording

that the tenants

Similar wording

and the property owner

Similar wording

used this space

Similar wording

does he live there

Similar wording

Well, the property owner lived there up until 2022,

Similar wording

and the current tenants are using that space.

Similar wording

The photographs are of how the current tenants are using the space.

Similar wording

So they basically use it as like a theater room.

Similar wording

You can see the projector and the large screen on the wall.

Similar wording

Okay, so when was this conversion done?

Similar wording

Approximately 2016, 2017.

Similar wording

We could have the owner confirm that.

Similar wording

Okay. Thank you.

Similar wording

Any other questions from the board?

Similar wording

Questions from our attorney, Hillary Emerson.

Similar wording

oh i'm sorry why don't we adopt get your testimony adopted christopher yes and i would just uh close

Similar wording

with that you know we we believe that this variance doesn't alter the use of adjacent

Similar wording

properties and in fact we have support of adjacent properties um the area supports it it doesn't

Similar wording

alter the essential characters to the neighborhood and it is the minimum minimum variance in an area

Similar wording

full of at least two often three up to 16 in this area um and if on on

Similar wording

at least two, often three, up to 16 in this area.

Similar wording

And if Andre Pack could be unmuted.

Similar wording

And...

Similar wording

They have been allowed to speak.

Similar wording

Hello, distinguished board.

Similar wording

Hello, everybody else in attendance.

Similar wording

Andre, could you state your name

Similar wording

and then spell it for the court stenographer?

Similar wording

Absolutely.

Similar wording

My name is Andre Pack.

Similar wording

It's spelled A-N-D-R-E-I.

Similar wording

My last name is Pak, P-A-K.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed counsel.

Similar wording

Andre, did you listen to my testimony concerning your variance appeal?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

And do you adopt it as a true and accurate representation of your own testimony?

Similar wording

Yes.

Similar wording

Is there anything else you'd want to add to the board regarding the time period of the renovations and your current tenants?

Similar wording

The current tenants know we've had very amicable relationships, and they have expressed the interest in renewing it past the hearing date as well.

Similar wording

So hopefully the board will assist us in making this happen.

Similar wording

And in terms of testimony, no other additions.

Similar wording

And did you, you may have heard the question concerning the work. Alex testified that it may have been 2016. Is that correct?

Similar wording

Yes, it was 2014 when I moved in to 2016. Yeah.

Similar wording

And this was your first house purchase in America?

Similar wording

Yes.

Similar wording

And you immigrated to America?

Similar wording

Yes.

Similar wording

Okay. I have nothing further.

Similar wording

Mr. Dean, could you show me the front of the property?

Similar wording

Sure. Yes.

Similar wording

Here is, I mean, here's a, let me zoom in on.

Similar wording

Here's a multi-use that I had mentioned, and this is, hopefully you can get a good amount of use.

Similar wording

So that little doorway there, that little, is that the way you get to the back of the property?

Similar wording

Yes.

Similar wording

And that's the only way you get in there?

Similar wording

Yes.

Similar wording

So, like, in other words, like that small thing, you have to, like, carry your groceries and everything else back there?

Similar wording

I mean, how do you get furniture in there?

Similar wording

For the furniture, we have been utilizing the front entrance.

Similar wording

So there is a side exit to the back that you can carry larger, bulkier items.

Similar wording

so we would just get the agreement of the front unit tenants.

Similar wording

All right. Thank you. Questions or comments from our attorney, Hillary Emerson?

Similar wording

Not at this time, Mr. Chair.

Similar wording

Questions or comments from the virtual audience?

Similar wording

I do not see any further hands, Mr. Chair.

Similar wording

Planning Commission.

Similar wording

Amy Board with the Planning Commission.

Similar wording

The comprehensive plan recommends no change the RSA 5 residential single-family zoning

Similar wording

at this location. The appellant has not shown that there are unique physical conditions or

Similar wording

circumstances that would prevent their property from being used in conformance with the zoning

Similar wording

code. The Planning Commission recommends that the Board deny the requested variance for two-family

Similar wording

household living. Mr. Dean, I want to take this to the executive session on January 8th. We'll

Similar wording

meet in the morning, and we'll vote on this at 2 p.m. on January 8th. I just want to talk to the

Similar wording

other members of the board to really figure out where we stand with this, okay? Thank you, Mr.

Similar wording

Chair. All right, thank you. Okay. Number five, MI 2024-001-595-52 East Washington Lane,

Similar wording

Candace and Charlie

Similar wording

Whatley, it's pro se.

Similar wording

No RCO letter, but notice was sent

Similar wording

to the neighbors with proof of mailing.

Similar wording

Now we're joining shortly as a

Similar wording

panelist, Mr. Chair.

Similar wording

Hello?

Similar wording

How are you?

Similar wording

Could you please state your name

Similar wording

and spell for the court stenographer.

Similar wording

Sure.

Similar wording

Candice Watley, C-A-N-D-I-C-E, W-A-T-T-L-E-Y.

Similar wording

Where are firm to tell the truth, the whole truth, nothing but the truth?

Similar wording

Yes.

Similar wording

So this application is for use as a multifamily household living,

Similar wording

three dwelling units in an existing structure.

Similar wording

Multifamily household living is prohibited in the RSA 3 zoning district.

Similar wording

in the rsa3 zoning district so why don't you um share your screen okay and start making

Similar wording

So why don't you...

Similar wording

your presentation all right let me just figure out how to do that it should be that shared button at

Similar wording

the bottom? I'm sorry. I'm just looking for it. What kind of computer do you have?

Similar wording

It's Intel Evo. I'm not really sure. Oh, wait. Here we go. Here we go. I have it now.

Similar wording

okay i guess i should put what i want up first and then we don't see anything i think what you

Similar wording

have to do is you have to open your documents and then push the share screen okay

Similar wording

i'm sorry okay and then

Similar wording

okay you're coming are we good now we are okay so why don't why don't you uh you know bring up

Similar wording

your documents i see that you have the refusal letter the appeal application the project

Similar wording

information, the RCO letter. You have a letter from the RCO? We did not get the letter from the

Similar wording

RCO. We were waiting for it. We didn't get it. When you went to the RCO meeting, how did it go?

Similar wording

Oh, it went well. And I sent over some things that they wanted as far as like

Similar wording

the backyard being shared by everyone and having the tenants contact me if there were 15 or more

Similar wording

um if they were having a gathering of 15 or more and so i was just

Similar wording

tell us your sign that you put up yeah okay mr chair i just want to say we did receive um

Similar wording

the the letter um excuse me from councilman bass's office um earlier today it's a letter

Similar wording

in support from the chew and bell fields uh neighbors club yep and councilman bass has

Similar wording

also taken a position of non-opposition with provisos for no household living in the basement

Similar wording

and interior mailboxes.

Similar wording

Great.

Similar wording

Could you show us your,

Similar wording

when you posted the signs

Similar wording

for the zoning notice?

Similar wording

Yes.

Similar wording

Here you go.

Similar wording

Can you see that?

Similar wording

It didn't come up yet.

Similar wording

Okay.

Similar wording

Let me try this again.

Similar wording

Nothing yet?

Similar wording

No.

Similar wording

So you might need to stop sharing and then once you open that document, share your screen.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Because we're just still looking at your files.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

So let me open it and then share it.

Similar wording

yeah how do i share it

Similar wording

it will be that green button at the bottom and once you click on it

Similar wording

then it will actually what documents um you would like to share you can do your entire

Similar wording

screen just your thank you so much no problem share all right see it now yeah we do okay do

Similar wording

and you have photos of your property could you show us the inside yes all right is it let me

Similar wording

ask you this is this already a triplex yes right it's already exists as a triplex yes

Similar wording

and and how long has it been a triplex

Similar wording

since i purchased it when did you purchase it in 2016

Similar wording

you bought this in 2016 was it advertised as a triplex um yes

Similar wording

You bought what you thought was a triplex.

Similar wording

You bought what you thought was a triplex.

Similar wording

Now you're having it zoned.

Similar wording

Yes.

Similar wording

Close the other side of the building.

Similar wording

Sure.

Similar wording

Let me try to.

Similar wording

Could you open it the same way you just opened up the one before?

Similar wording

Could you open it the same way you just opened up the one before?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Yes.

Similar wording

Can you see that?

Similar wording

No, you would still have to click on that green share button at the bottom first.

Similar wording

You can see that now, right?

Similar wording

What floor is that on?

Similar wording

The first floor.

Similar wording

It shows the photos of the first floor,

Similar wording

then second, then third, okay?

Similar wording

okay all right okay

Similar wording

so when you click that x button you're clicking to cancel your share screen

Similar wording

so you will have to go back to that green button and then share your screen again

Similar wording

but i have to open up the document first right yes just have it open first but you would still

Similar wording

just need to hit the green share button at the bottom and then open you know click on the document

Similar wording

it so here and here and then i have to go to the window and then let's see

Similar wording

that's better okay so all right that's the first floor as well

Similar wording

what's the first floor oh this here going into the bathroom

Similar wording

um it's just you can't see it oh could you open it let me make it a little bigger

Similar wording

okay here it is so that goes to the path what floor is that name it's still the first floor

Similar wording

okay how many bedrooms how many bedrooms on the first floor two on the first floor

Similar wording

how many on the third floor two how many on the third two the each one has two bedrooms

Similar wording

bath and the and the basement has no living no living

Similar wording

right try to get through the rest of their photos they have all right

Similar wording

Why don't you do the thing you just did?

Similar wording