civus
Hearing video

ZBA Hearing - December 18, 2024

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

that was rented and again these were not legal rentals at the time so what my client did when

Similar wording

when having the in having this brought back into is to just make it proper and seek this process

Similar wording

what's that back door that we see what does that back door go to the door this is the back door to

Similar wording

the front let me let me come out okay so there so the there is access to the front the front can

Similar wording

but they have to come through the back they got to come through the they have to come out

Similar wording

to the basement internally internally internally they would have this was this is the this is the

Similar wording

kitchen i'll go to that picture here it's the kitchen it's the other side of the kitchen so

Similar wording

so the person who has this uh basement unit would come through this alleyway or to the side of the

Similar wording

property they would enter from the side and then down some other steps here is that that is correct

Similar wording

let me go to the picture um let me go to the picture so you can see exactly what is envisioned

Similar wording

so they'd come in through this door and they'd enter through the steps to get to the rear this

Similar wording

is the kitchen of the first floor unit that that door yes yes and this is the unit so this is this

Similar wording

here is the the door this is actually a closet here um this is the window that you would see

Similar wording

how low it is this is a three foot here it's two it's two and a half feet so basically you

Similar wording

could just walk out if there was a security issue and get to the outside but um and that's why

Similar wording

let's see here let me let me go to the so here

Similar wording

i wanted to go to the further i think there was a picture showing the further

Similar wording

that you said two sets of steps but there was there's they just want to walk up to this platform

Similar wording

and down correct okay um and i guess uh my other

Similar wording

Okay. And I guess my other question would be, so when this property was purchased, there was, it was, was there any effort to look into what the zoning for the property actually was?

Similar wording

no i think that as i mentioned before as as mrs uh as miss berry mentioned her thought was let's

Similar wording

just do it the way it is let's just redo it the way that it is it's got it's it's separated into

Similar wording

two units it's got two meters let's do it that way and i think that's i don't think we're here

Similar wording

because these things came up in the pursuit of rental licenses that's when the um that's when

Similar wording

she learned of it and so that's kind of why some of these questions weren't addressed beforehand

Similar wording

okay thank you other questions from the board yeah another question for you mr tabin can you

Similar wording

talk me through the electric and the um the heating and cooling systems for each unit

Similar wording

okay so here's the both both units are electric all electric and so these are the as you can see

Similar wording

this picture here is where their meters are um and so when you said heating and cooling i think

Similar wording

there was a picture here so these are the units that provide that one for each

Similar wording

okay so if it's all electric is it radiators are they using tax is there central air okay

Similar wording

these are central these these i'll show you so you can see these units here

Similar wording

Yeah, I know what they are. I just haven't seen it.

Similar wording

Oh, I'm sorry. So you can take a look at it right over the front door.

Similar wording

They've got one unit here that's blowing.

Similar wording

And I think, and let me go to the other bedrooms.

Similar wording

I think there's, I think there was some.

Similar wording

And was this system pre-existing or did your client add it?

Similar wording

AC unit is a supplement. I'm sorry.

Similar wording

Was this system pre-existing or did your client add it?

Similar wording

they added that they added that i just want to point out that that is more than floors and paint

Similar wording

but oh yeah this is no this is complete renovation this is not touch up this is complete you know

Similar wording

to the studs completely be done walls floors and bathrooms and kitchens these are all this is all

Similar wording

new in the inside and yeah that's one unit i want to see see there's there's ceiling fans

Similar wording

There's a window for there's an AC unit here, window for cooling fan on the ceiling there.

Similar wording

I think the same is true for most of the rooms.

Similar wording

And I thought there was another one that could see in a picture.

Similar wording

Yeah, here's the unit for the basement apartment and electrical panel.

Similar wording

Thank you.

Similar wording

questions from our attorney hillary amberson

Similar wording

mr topton did you receive a letter from the rco we did not we requested that from from um you know

Similar wording

the 44th ward and we didn't get one we didn't i don't know if they just sometimes they'll send

Similar wording

it directly to the board we learned today whether or not there's a approval or any questions but

Similar wording

Okay. That's fine. We did not receive one either, so it's always just checking. All right. Thank you.

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

Thank you, Chairman, and good morning. David Fecto with the City Planning Commission.

Similar wording

Chairman and Board members, the comprehensive plan recommends no change to the RSA-5,

Similar wording

residential single-family zoning at this location. This property has a documented history as two

Similar wording

dwelling units in a beauty shop dating to 1958. A later use permit from 1966 shows that it was

Similar wording

reconfigured into a single-family dwelling. The City Planning Commission recommends that the

Similar wording

deny the proposed use variance for two dwelling units.

Similar wording

MI 2024-001-176-5101 Funston Street, I vote no.

Similar wording

Michael Johns, my vote is no.

Similar wording

Cheryl Gaston, my vote is no.

Similar wording

Senator Graham, my vote is no.

Similar wording

Eowyn, my vote is no.

Similar wording

Ishmael Shaheed, my vote is no.

Similar wording

Thank you, counsel.

Similar wording

Thank you.

Similar wording

Number 12, MI 2024-001-329-2330 North Reece Street.

Similar wording

Ron Anastasio is the attorney.

Similar wording

There's a letter of unanimous support from Norris Square Community Alliance.

Similar wording

Applicant also has 11 signatures, 10 from that block.

Similar wording

10 from that block.

Similar wording

Coming back.

Similar wording

Coming back, one as a panelist, sir.

Similar wording

Vern Anastasio, you've already been sworn.

Similar wording

Just for the record, could you please state your name?

Similar wording

Yes, good morning, Mr. Chair.

Similar wording

Members of the board, Vern Anastasio, representing Nemea Thomas.

Similar wording

Our vice chair has a few questions.

Similar wording

Thank you.

Similar wording

Good morning, Counselor. Do you agree to waive the reading of the refusal or stipulate to his accuracy?

Similar wording

I do.

Similar wording

Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

Similar wording

I have.

Similar wording

Thank you, Counselor. Please proceed and share your screen.

Similar wording

Thank you.

Similar wording

okay 2330 north reese street is uh the legalization of a pre-existing non-conforming

Similar wording

to family dwelling in an existing uh building my client purchased the property from dance

Similar wording

Realty LLC. When she purchased it, it was in fact a legal, I'm sorry, a non-compliant two-family

Similar wording

dwelling. As it says here in the application, the property was purchased already converted

Similar wording

with separate units, separate electric meters, and complying with the code would cause her

Similar wording

to have to convert the entire family back to a single family, remove an entire galley kitchen.

Similar wording

She only purchased the property for $50,000, so the property wasn't worth a whole lot.

Similar wording

So having to put in another, doubling that just to get it back to compliance would bring the property underwater.

Similar wording

And she truly believed at the time because she bought it from a real estate company.

Similar wording

It presented itself as a two-family dwelling, and of course it had the two electric meters.

Similar wording

she thought that it was legalized. So with that, here's the ground floor is a one bedroom apartment,

Similar wording

as you can see with ample living space. You come in from the front door, you make a left

Similar wording

and you've got your apartment, living room, eating kitchen, bath and bedroom. Out back,

Similar wording

there's trash containers, the yard. Second floor is more of a, let's say a junior one bedroom.

Similar wording

You come up the stairs.

Similar wording

The back of the property, you have a full bath.

Similar wording

You have your landing.

Similar wording

On the right, you have your eating kitchen.

Similar wording

Then you have your large bedroom.

Similar wording

That serves as sort of a living space as well, the way it's set up.

Similar wording

With a bed, a television, a small love seat.

Similar wording

And we have photos that show that.

Similar wording

There's no living space in the basement, by the way.

Similar wording

Just some storage and utilities.

Similar wording

The block is all residential.

Similar wording

This is not the only duplex on the block.

Similar wording

Here's the rear of the property, we have photos of the basement.

Similar wording

These were, this is the photos upon purchase.

Similar wording

Second floor being occupied.

Similar wording

there's that back bedroom as you can see there's like a sofa a little side table a

Similar wording

bed television so it's for a bedroom it's pretty large and then it has the galley kitchen that's

Similar wording

also eat in we had our public meeting with the RCO after full meeting the RCO

Similar wording

unanimously supported it.

Similar wording

Here's the flyer.

Similar wording

The poster

Similar wording

and the refusal.

Similar wording

Proof of posting.

Similar wording

Taxes paid.

Similar wording

Here's the deed.

Similar wording

Here's an aerial.

Similar wording

there is some rm1 towards the end of the block but in fact there are also in the middle of the block

Similar wording

Other two family dwellings. It's not the only one Nara Square Community Alliance had the meeting again

Similar wording

other two two family dwellings it's not the only one narra square

Similar wording

unanimous support

Similar wording

Everyone in attendance voted to support it

Similar wording

If

Similar wording

And then my client went down the block and collected signatures

Similar wording

Most of which are from folks right on the block over East Street

Similar wording

because my client reasonably relied on the seller's representation

Similar wording

and the fact that it had two separate electric meters and two separate units fully

Similar wording

and because we have overwhelming support from not only the rco but the neighbors on the immediate

Similar wording

block itself respectfully request the granting of the variance and with that i'd like miss thomas

Similar wording

to raise her hand.

Similar wording

Miss Thomas.

Similar wording

Namaya Thomas.

Similar wording

Jason, did we see her?

Similar wording

No, my name has been allowed to speak.

Similar wording

Thank you.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Hi, my name is Yama Thomas.

Similar wording

My name is spelled N-Y-A-M-A-H-T-H-O-M-A-S.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Please proceed, counsel.

Similar wording

Thank you, Mr. Chair.

Similar wording

Yama, did you hear my presentation to the board this morning?

Similar wording

Yes, I did.

Similar wording

And it's true and accurate to the best of your knowledge?

Similar wording

Yes, it is.

Similar wording

And do you adopt it as your own testimony?

Similar wording

Yes, I do.

Similar wording

I have nothing further.

Similar wording

Vern, could you show photos of the basement?

Similar wording

You went by that real quick.

Similar wording

I just want to see what the basement looks like.

Similar wording

Sure.

Similar wording

I think it was the first photo.

Similar wording

There it is.

Similar wording

The basement there?

Similar wording

Yeah, it's the first interior shot.

Similar wording

Hold on.

Similar wording

Looks like a pretty low ceiling, Mr. Chair.

Similar wording

But, yeah, that's what it is.

Similar wording

And there's the utility room, and then there's the storage.

Similar wording

Washings from the board.

Similar wording

Okay.

Similar wording

Is that carpeting or linoleum?

Similar wording

No, it looks like linoleum down there.

Similar wording

Okay.

Similar wording

I guess you would call that semi-finished.

Similar wording

Okay.

Similar wording

But there's no kitchen or bathroom in this?

Similar wording

Nothing.

Similar wording

Nope, it's just empty. We have utilities on the left, storage on the right, in the rear, or front.

Similar wording

Quick question. When you were telling us about the history of her purchase, did you say that she had to rip out a kitchen?

Similar wording

No, no, no, no. I said we're trying to avoid having to do that.

Similar wording

Okay.

Similar wording

Yeah, yeah, yeah.

Similar wording

Questions from the board.

Similar wording

it was just the first

Similar wording

do you know the basement is heated

Similar wording

oh sorry Mike

Similar wording

I don't

Similar wording

no

Similar wording

I just want to state for the record

Similar wording

that if the ceiling is below 7 feet

Similar wording

this cannot be legally occupied

Similar wording

I know that's not what you're seeking but I did want to

Similar wording

say it while your client's on the phone

Similar wording

to hear

Similar wording