Last name is spelled T-O-P-P-I-N.
where or a firm to tell the truth the whole truth nothing but the truth i do i do could
you identify your client the relationship to the property yes my client is lolita maddox
she is the sole member of zanus creations llc and uh she should be in the virtual audience with us
today our vice chair has a few questions sir good morning counsel do you agree to either
the refusal or stipulate to its accuracy?
Have you emailed in all the required documents
and exhibits this need to proceed with this case
five days in advance of this hearing?
Yes, we have.
Thank you, counsel.
Please proceed and share your screen.
OK, my screen should be before the board at this time.
Is that a?
OK, great, great.
And again, what we're looking at on my first screen here
Here is the subject property that we'll be talking about 1517 West Indiana Avenue.
It's my pleasure to miss Maddox is a new relatively owner of this property.
She purchased the property and proceeded with renovations with a contractor and attempting
to get rental license learned of the issues with the zoning and the need to come to this
process.
So she was not aware of it beforehand.
And as a result, she is here before the board to legalize the existing two-unit configuration
that is present in the property at this time.
I will go through my typical exhibit package that's in front of you now.
That's in front of you now. We'll deal with the refusal, the application, the project, but we'll focus on the maps, the photos, the plans, the RCO meeting, and, of course, coming into the support we've received from the RCOs present.
We'll deal with the refusal, the application, the project, but we'll focus on.
So here, again, the only refusal we're dealing with today is that we are proposing a two-family household living in the existing structure, as the refusal suggests.
The deed shows clearly here that Zanus Creations is the owner of the property as of June 14, 2022, just a few years ago.
And we have the application for appeals suggest what our hardship is.
And that's really that this area, and you'll see in the pictures later, is relatively blighted.
A lot of vacant properties and a lot of older and dilapidated housing stock in this property actually presents one of the only rehab properties in the area.
And I think that's why it's gotten such approval from the RCOs in the community.
So let's just get a closer look at it.
Here we are at the ZBA map showing that middle of the block, just left of the middle of the block is our subject property.
It's all RCA5 here.
All the property stock in this area is two-story single-family, but most of the homes that are in this area are, in fact, rentals.
either not with rental licenses or just single-family homes that are rented.
And this gives you a physical, a visual of the property as it sets.
As you can see, vacant lot here, vacant lot here, vacant lot here.
Vacant lots peppered throughout, vacant lots right across the street.
And amidst these vacant lots, you have housing stock that, as you can see, has a very aged condition.
We'll call it that.
This is the subject property here.
and the houses on either side and as well as on the further up you can begin to see that
the the care and the age showing on the housing stock in this particular neighborhood looking
down the street towards broad street you're getting this visual and this is the visual
looking the other way again our particular development will not change the the configuration
or the appearance of the property it will simply it's simply upgrading the and and offering a
affordable living for rentals in this particular area. And these are just pictures of the
neighborhood. This is immediately across the street, an entire blighted block with nothing
there and has had no construction or renovation for over two decades. So we're in an area
that needs urban renewal, that needs investors and owners like my client to come in and change
the configuration and change the status of this neighborhood and present something that's
present a livable and affordable options for people. And so this is again our subject property as you can see nicely done on the outside the corners matches the same height and appearance of the others, except it is just simply well done.
and now as we look into the when you open the front door you'll see steps
going up to the upstairs unit and and a door entering the first unit this is the
appearance that you'll see when you open the front door kind of has open concept
with a nicely done kitchen and here's just more rooms and visuals of the
bedrooms and bathroom and then you go into the second here's like a door to
the second unit you come around you see the same similar quality of appearance and finishing
throughout that you know and this is again completely well completely done there'll be
no nothing but mechanicals in an unfinished basement no living here no bat no not even
storage really or or any bedrooms in the in the lower level simply that and a small patio
in the outside which is the same for all of the owners along that block so just
coming down to the plans and I'll make this a little bit bigger for you a
little smaller I should say for you let's come down to 50 and the layout so
here here just centering this on the screen in front of you this is the first
floor this visual here as you walk into the first floor you'll see well actually
I think, let me just scroll down to the other panel. I think it's, oh, here it is.
This has the detail of what the rooms are as we move through.
So as you enter into the first floor, you'll see steps going up to the upstairs unit and steps in this doorway entering into the first floor unit.
First floor unit has a bedroom in the front, a bathroom is sort of in the middle, and then kitchen and living room in the rear.
That is the first floor unit.
unit, the proposed second floor unit, which is now existing, as you move upstairs, you
enter into where you have the kitchen area, living area in the middle, a bedroom in the
front and a bedroom in the rear. So two bedrooms for one unit and one in the lower level unit.
in the lower level unit there is no there's no nothing in the lower level but utility and storage
There was no, there's no, nothing in the lower.
and of course no roof deck or anything proposed at the top so that is what we are having as far
as plans we brought this to the attention of the rco let's make this bigger again
and let's make this center this for you so in our exhibit eight we sent this notice for the rco we
We actually had two RCO meetings in this particular property.
We noticed 149 different folks.
These are their addresses.
I'll just push through this, and our certificate of mailing goes on for several pages, as you
can see, and our notice of this particular meeting.
The RCO meeting was attended with a lot of people, but a lot of people there for various
types of various other presentations and other meetings.
but there was four members that were there was four members of the board and one attendee
from the community um so we had support from the board this in fact we had two rco meetings but
this was the latest one one that took place uh most recently in november 20 november 19th and
not only that rco supported us but the the swan poodle also did as well and i think we have a
letter of support from Swampoodle and they provided that email to the board this morning
supporting us. So the community is in support of this being a two unit. They see what this
young lady has done. They see that she's come to the table to legalize her units. They see
the quality of her of the construction and they have approved it because they know that
this is the type of renewal that's needed in this particular street. So this point with
With that having been said, I'd like to bring on Ms. Maddox to adopt my testimony.
She could be advanced to a panelist.
Excuse me while she does that cannot.
Can you lift up that screen a little bit more so I can read the three provisos?
Oh, let me go.
Let me go.
Let me go here.
All right.
All right. I just, all right, let me get to the bottom of the letter. Okay, so there's
three, in the meeting, there were three provisos that were spoken of, and we already agreed
upon all of this. There would be no more than two units. We're only seeking two units. The
trash and recycled goods will be stored inside, except for the, and that's exactly what we
proposed, and we said we'd be doing that, and there'd be no basement living, and we
We clearly, as you can see by the pictures, don't intend there to be any basement living and mention that in our presentation.
So the provisos really confirm what we already presented and seek nothing more or any variance from what we originally requested.
We only want two-family living, and both units will store their trash recycling indoors.
In fact, the bottom floor unit will store it outside in the back.
The upstairs unit will store their trash in their unit and bring it down on trash day.
And of course, there's no basement living.
So that would be, those are the provisos
from the Swampoodle organization.
And I think these were the same conversation
that we had with the other.
I think here's, I think some of the things
that were mentioned that there would be,
we talked about some of the rental amounts,
trash in front, there would be no trash in front,
and no trash out before trash day.
I think these were the things that Ms. Smith wanted
to be sure that we would commit to, and we absolutely did.
You want to bring your client on, Sherman?
If Ms. Maddox, if she's in the virtual audience, if you can raise your virtual hand, Ms. Maddox,
we can have you to testify.
It would have been hard to speak.
Could you please state your name?
It's spelled for the court stenographer.
Lolita Maddox, L-A-L-I-T-A-M-A-T-T-O-X.
Where are you from to tell the truth, the whole truth, and nothing but the truth?
Please proceed, counsel.
Yes, Ms. Maddox, have you been listening to my testimony for you on your behalf these last few minutes?
And would you adopt, first of all, is my testimony true, correct, and accurate as far as you're listening?
and would you adopt my testimony as your own yes if there's any further questions from the board
we can entertain them at this time chairman was was the was the property already uh separated
with utilities when she purchased it i do not believe so but miss max can you confirm that
whether or not the the property had separate utility service when i purchased it um it was
separate utility services for each floor so you have any idea how long this place
You have any idea how long this place has been a duplex?
Oh, there was a question to me, Ms. Maddox.
My client only has a short duration of ownership,
so she only bought it with it the way it looked,
and it was very low in horrendous condition at the time she purchased it.
But prior to, we don't have an understanding of when it fell out of, whether it ever had legal two-unit status.
I guess that is the question to the board.
Thank you.
Questions from the board.
So your client did the repairs that we saw on the pictures?
Yes, yes.
But she didn't know that it was not legalized as a two-unit dwelling?
yes her contractor basically advised her that they could just re re restore it as it was if you put if
you will and so her she didn't have the experience with the zba and all this process and when she
sought to get rental licenses is when she learned and got our office engaged to help her get through
this other questions from the board mr sherman do you know permits were pulled when the work was
done then i'm not certain and i don't think permits were pulled because i think what she did was she
did they did not read they didn't change the layout at all they simply just put new floors
new you know they just re basically renovated what was there so you know how contractors have
been in the past they basically you know they will tell the client well we'll just finish we'll make
your property look great um it's already looking like it is and we'll just make it look the same
way but great that's what that's sure but that that does require easy permit in the city of
philadelphia yes we do know we do know that and miss and miss maddox knows that as well now yes
the questions from the board
questions or comments from our attorney hillary emerson not at this time mr chair
Questions or comments from the virtual audience?
Chair, I have Charles Richardson with the hand raised.
I have allowed him to speak.
Morning, Mr. Richardson.
Good morning, Mr. Chair.
Please state your name and spell it for the court stenographer.
Certainly.
Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
please proceed sir the councilwoman has no opposition to granting the variance for this
property thank you anyone else in the virtual audience
no further hand planning commission thank you commission thank you chairman and good morning
david fechter with the city planning commission chairman and board members the comprehensive plan
recommends no change to the rsa 5 residential single family zoning at this location
The city changed the zoning maps in this neighborhood in 2006, and a community requested map change.
Despite the presence of two mailboxes, this property has no documented history as two dwelling units.
We are aware of one duplex on this block face, but the rest of the block face is single-family.
The City Planning Commission recommends that the board deny the proposed use variance for two dwelling units.
mi 2024 001 175 1517 west indiana avenue i vote yes with proviso trash stored inside
no basement living michael johns my vote is yes with proviso so gaston my vote is yes with proviso