civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

My name is Ronnie, R-O-N-Y-A Wilson,

Similar wording

and I'm a neighbor of this property.

Similar wording

You swear or affirm to tell the truth,

Similar wording

the whole truth is nothing but the truth. Yes, I do. Please proceed. Thank you. My family has been

Similar wording

neighbors to this property since 1952. I took over our family house in 2010. This

Similar wording

I took over our family house in 2010.

Similar wording

This property that was redone has been an eyesore and a problem for a long time before it was reconstructed.

Similar wording

I have talked to the owner and my only concern was trash and he guaranteed that there would be no problem with trash.

Similar wording

I did hear the last testimony about the alleyway and other neighbors not having access to the alleyway, but I cleaned 24th Street, and that alleyway wasn't accessible outside of three weeks ago when the city came and cleaned it out.

Similar wording

There was never any access to that alley anyway, and the addition to the property doesn't block the alleyway at all.

Similar wording

Um, I don't know all of the legal things that are going on at this point with this property, but I know that since it has been constructed and up is cleaner. We don't have any trash storage by the unit anymore. Like I'm a person who lives in this area and I know all of the people that are, are, are talking about like the legal, the legalness of what's going on with this property.

Similar wording

I live in this area and this is a hard area to live in and we're trying to keep it clean and

Similar wording

trying to take it back and we don't get much help for it so what Mr. Martin did was come along and

Similar wording

fix up something to show that hey this is a place that somebody cares about I don't have to clean up

Similar wording

as much trash as I used to have clean up there's we have bad uh dumping in this area uh even an

Similar wording

apartment across the street who who they they fixed up and have uh tenants in there we're having

Similar wording

dumping area problems next to their property he comes along he cleans off the the uh papers that

Similar wording

the delivery people put on there like he comes around he checks on the property he talks to

Similar wording

the area people um the reconstruction of this property has been good for the people who live

Similar wording

in this area where actually i'm actually focused on trying to get 24th street to be beautified

Similar wording

and 2400 block of Oakdale is the trashiest block that we have over here. So just putting that

Similar wording

property on the corner helps a lot for 24th Street in itself. So I don't have a problem with him

Similar wording

having a property there and I don't have a problem with two people living in there as long as the

Similar wording

trash situation is taken care of. I have no problem. And like I said, he assured that it

Similar wording

would not be an issue. I have no problem with it. I appreciate his help in the neighborhood.

Similar wording

He's not just a landlord that came and threw up something

Similar wording

and tried to collect some money.

Similar wording

He actually cares, and he's around in the area.

Similar wording

I know what that man looks like.

Similar wording

He gave me his number.

Similar wording

I'm able to call, and I appreciate that

Similar wording

because we don't have a lot of that in this area.

Similar wording

So that is all I wanted to say.

Similar wording

Thank you very much for taking the time to close.

Similar wording

We appreciate it.

Similar wording

Is there anyone else in the virtual audience?

Similar wording

Martin Fraser has his hand up again.

Similar wording

Do I allow him to speak?

Similar wording

That's fine.

Similar wording

Yeah, please.

Similar wording

mr frazier

Similar wording

hello mr frazier just state your name for the record just state your name for the record

Similar wording

uh this is jamar folly i'm mr frazier's next door neighbor i live at 2402 west oakdale street

Similar wording

could you spell your name spell your name for the court sonographer j-a-m-a-r last name folly

Similar wording

f-o-l-l-y right you swear a firm to tell the truth the whole truth nothing but the truth

Similar wording

yes i do are you in favor or against this project i am in favor of the project when i purchased my

Similar wording

property next door it was 2019 and um mr frazier's property was in poor condition

Similar wording

i was getting raccoons rats and everything else in my backyard and on my roof since mr frazier

Similar wording

rehabilitated this property. I haven't had this issue since. I do not have an issue with trash

Similar wording

because me and Mr. Frazier already came to agreement that they will steal the trash on

Similar wording

the inside if need be. Mr. Frazier done a remarkable job with this property and I was

Similar wording

in attendance at the walkthrough. I was under the understanding from the RCO that she was in favor

Similar wording

of everything because she was thoroughly impressed as well. I don't understand where the opposition

Similar wording

comes in that when there was trash dumping on the side of this property before Mr. Frazier

Similar wording

rehabbed this property. There was trash dumping candy corner to this property before they rehabbed

Similar wording

the property. I don't understand what the big issue is. Mr. Frazier came back and corrected

Similar wording

all the illegalities that was going on. He's trying to get his zoning done property,

Similar wording

but they're hindering him over trash and I don't I just don't get it the the property was it was a

Similar wording

total mess it was an issue for everyone and you know the money that he's dumped into this property

Similar wording

It was an issue for everyone. And, you know, the money that he's dumped into this property and hasn't been able to rent it out over simple issues is just absurd. I don't get it.

Similar wording

Thank you. Thank you for taking the time to call us. We appreciate it. Is there anyone left in the virtual audience?

Similar wording

Yes, I got it. Keith Harris with the hand raised. I have allowed them to speak.

Similar wording

Mr. Harris, hold on, Mr. Harris, just state your name for the record.

Similar wording

Keith Harris.

Similar wording

All right.

Similar wording

And Mr. Harris, you've already testified.

Similar wording

What do you want to add?

Similar wording

I want to add Mr. Frazier is no stranger to the community.

Similar wording

His father operated a business for years, exemplary business, on Lehigh, the 2,500 block of Lehigh.

Similar wording

He was a beauty follower.

Similar wording

And so he is an institution in the community.

Similar wording

He's not an implant.

Similar wording

All the neighbors, as a ward leader, I've spoken to most of the people on the block, and all of them, they love the project.

Similar wording

They don't have any opposition to it, and they support Mr. Frazier 100%.

Similar wording

We respect the RCOs, but sometimes they just can be wrong.

Similar wording

And I believe this is one of those times that they're wrong,

Similar wording

and they don't live on the block.

Similar wording

When there's violence on the block, they don't come around

Similar wording

and try to squash the violence.

Similar wording

They do what they do, right, like with the zoning and stuff.

Similar wording

But Mr. Frazier is constantly on the block with the neighbors that speak,

Similar wording

and they'll call me sometime, and we'll talk to the neighbors.

Similar wording

We got relationships, even with the people that do violence.

Similar wording

We try to talk to them, but Mr. Frazier has seemed to really quiet their block down along with those neighbors, and so I'm hoping we give him some leniency and allow him to go forward. Thank you.

Similar wording

Thank you. Thank you, Mr. Harris. Is that it? Any one left in the virtual audience?

Similar wording

Yes, one more hand. Alexis Hargrove has their hand raised. I've allowed them to speak, sir.

Similar wording

Hi, could you please state your name and spell for the court stenographer?

Similar wording

yes alexis hargrove first name a-l-e-x-i-s last name hargrove h-a-r-g-r-o-v-e right you

Similar wording

swear a firm to tell the truth the whole truth and nothing but the truth yes are you a neighbor

Similar wording

i own a property across the street yes okay uh are you for or against this project

Similar wording

i'm for this project all right is there anything else you could add that hasn't already been said

Similar wording

uh similar to what has been said the trash in the community um was terrible prior to Mr.

Similar wording

Frazier coming along and improving this property um Mr. Frazier is very active and actively goes

Similar wording

over to the property to clean it out consistently since before the construction started I would see

Similar wording

him over there checking on the property um what I see is nothing but an improvement

Similar wording

and would strongly and strongly in support of this being zoned and allowing them to move forward.

Similar wording

Thank you very much for taking the time to close. Mr. Anastasia, do you want to respond quickly?

Similar wording

Just very quickly, Mr. Chair. Swamp Poodle testified that if the board were to, in fact, grant the variance,

Similar wording

They had provisos, all of which we are okay with, not to exceed two units, that trash

Similar wording

would be kept inside, that there would be no basement living, and that there would be

Similar wording

no roof deck.

Similar wording

All four provisos that they placed out there contingent upon the passage of this appeal,

Similar wording

we are in tune with and we agree with 100%.

Similar wording

Because this property has been a duplex since 1962, because my client is just trying to

Similar wording

legalize what he thought he could do, which with the expansion and, but now understands he couldn't.

Similar wording

Because we've had six witnesses, three of whom actually live on the block and support this 100%,

Similar wording

three of whom don't live anywhere near this block, and just did, and not even all of them

Similar wording

went to a walkthrough. There are times to support projects like this if they improve

Similar wording

the overall quality of life of everyone in that area and this is one of those times thank you

Similar wording

planning commission

Similar wording

amy void with the city planning commission the comprehensive plan recommends no change the

Similar wording

existing rsa 5 single family zoning at this location there is evidence that the appellant

Similar wording

renovated the property from one family to two family without zoning permits and erected in

Similar wording

condition without proper permits as well therefore the claimed hardships are self-created the planning

Similar wording

commission recommends that the board denied the requested variances for multi-family household

Similar wording

living occupied area and rear yard depth thank you I'm curious if the planning commission

Similar wording

knows that the property was deemed a duplex from 1962. is that something that that they are aware of

Similar wording

Amy, you can answer that if you if you have that information or if you want to answer it.

Similar wording

Amy, you can answer that if you have information or if you want to answer.

Similar wording

We are aware. Thank you. Thank you. Thank you very much. Thank you.

Similar wording

Council, we've had a lot of dialogue about this. I want to hold this to our executive session.

Similar wording

We will do this next Wednesday and we will vote at 930 a.m. next Wednesday.

Similar wording

Thank you, Mr. Chair.

Similar wording

Thank you very much.

Similar wording

Number 16, MI2024, 000354, 823 Christian Street.

Similar wording

There's a letter of non-opposition from the Bella Vista Neighbors Association, a letter of non-opposition from Council Member Squall's office.

Similar wording

Sean Wellen will be coming back in as a panelist, sir.

Similar wording

Good morning, Council.

Similar wording

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

Similar wording

Certainly. Good morning, Chair. Sean Whalen, W-H-A-L-E-N.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Could you identify your client and relationship to the property?

Similar wording

Yes. I'm here today on behalf of VJS, all capitalized, Land LLC. That's the owner and

Similar wording

applicant for this.

Similar wording

Our Vice Chair has a few questions for you, sir.

Similar wording

Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to

Similar wording

a diagnosis? Yes, I do. Have you emailed then all the required documents and exhibits that

Similar wording

is needed to pursue this case five days in advance of this hearing? Yes, I did. Thank

Similar wording

you, counsel. Please proceed and share this with me. Thank you very much. So I have, I

Similar wording

know we've had some difficult cases this morning. I have one that I hope is pretty easy to round

Similar wording

out your morning session here. Very quickly, Sean Whalen here from Vintage Law on behalf of

Similar wording

823 Christian Street. We are simply seeking to legalize an existing condition in place for over

Similar wording

130 years. So very quickly, what you see here, standard corner rectangular property, 17 feet

Similar wording

wide on Christian Street and 62 feet deep on South Darien. This is right off of South 9th,

Similar wording

about halfway between 8th and 9th Street. What you can see here, there's one existing building

Similar wording

that fronts onto Christian Street. There is actually a separate building. They were built

Similar wording

together at the same time. You can tell from nothing's been changed to the facades or anything

Similar wording

in history. There's actually a second building that fronts onto South Darien Street. This is a

Similar wording

oh here you go South Darien Street so you can see there is actually a full divide. It's a full

Similar wording

walkway between the two. You actually access the second building through that corridor and here is

Similar wording

the first building with christian street at the top and south darien street on the side

Similar wording

so we are seeking to i guess i'll do this now um the christian street building has three existing

Similar wording

units one on the first floor there is no basement in that building there is one unit on the first

Similar wording

floor one unit on the second floor and one unit on the third floor the darien street building i'll

Similar wording

call it, has one unit on the first floor with an unfinished basement, no basement living

Similar wording

in either, and a one unit on the second and third floor by level.

Similar wording

So we are seeking to legalize the existing five units at the property with no first floor

Similar wording

commercial.

Similar wording

We presented this to the Bella Vista Neighbors Association.

Similar wording

And as you can see down at the bottom, BVNA was not opposed to the application and had near unanimous support for the project.

Similar wording

This is a CMX2 block along CMX2 corridor, along Christian Street.

Similar wording

And we have two refusals.

Similar wording

One refusal is that there's no commercial which is required in CMX2 along the frontage of Christian Street, which is deemed the front street here.

Similar wording

The second refusal is that we have five units, and five units is too many units for the underlying square footage of the property.

Similar wording

So the property, as I said, is at the corner of Christian and South Darien.

Similar wording

It's approximately 1,050 total square feet with these two existing buildings.

Similar wording

We are not seeking, notably, any new construction.

Similar wording

There have been no violations to the property.

Similar wording

There have been no violations to the property.

Similar wording

We are not seeking any change, in fact, whatsoever to this property.

Similar wording

We are not seeking any change.

Similar wording

So you can see there's a gated alleyway between them.

Similar wording

You access here.

Similar wording

This is the South Darien Street building.

Similar wording

You have two units in that building, and you have three units in this third building.

Similar wording

Um, interestingly, as, uh, as sometimes comes out when you go to the RCO meetings, um, there were members of the RCO board who could, uh, discuss this history, the history of these buildings in detail back about 50 years and describe who was there and who lived there and what resident, you know, what residents were, weren't there.

Similar wording

And notably, the owner of this property, VJS Land LLC, Jim Spadafora, will be on in a minute to adopt my testimony.

Similar wording

But this has been in the Spadafora family since the 60s.

Similar wording

So we're over 60 years that this property has been in their family.

Similar wording

It's always been in the same condition with no changes.

Similar wording

The only change was that the first floor of the Christian Street building, as I'll call it, was changed in 1995 from a commercial unit to a residential unit.

Similar wording

The other four units have been existing at all times.

Similar wording

And interestingly, this actually only came up all of the uses as you see them now have been approved throughout history in the zoning archive.

Similar wording

interestingly though the zoning archive has never made a distinction between the two buildings

Similar wording

and so you keep you keep having conflating approvals uh for each of the two buildings

Similar wording

being shown on the same property um so again here's the existing condition along christian street

Similar wording

you can see the two buildings uh you know you see the separate the clear separation they're both

Similar wording

delineated here. Again, not a condition that my client created. Actually, these are just the two

Similar wording

buildings separately. If the board has any questions, we had professional floor plans done

Similar wording

showing the existing conditions. Again, these have all been in place. Interestingly, if you go back

Similar wording

to this is the 1895 Philadelphia Atlas map you can actually see right here is 823 the Christian

Similar wording

Street building and right here is the South Darien building so this has been in this condition since

Similar wording

at least 1895 when this map was done the two buildings are shown again on the 1910 Atlas map

Similar wording

And so what I would suggest here is simply, this is deserving of a variance because we have a clear hardship. That hardship is an existing building, or I should say existing two buildings that are in their current condition.

Similar wording

it would be an extreme hardship to either demolish, essentially to come into compliance,

Similar wording

we'd have to fully demolish the rear building in order to be in code compliance. And we would

Similar wording

have to demolish all improvements in the first floor unit on the existing Christian Street

Similar wording

building to turn that back into a commercial use. So there's an extreme hardship given the

Similar wording

existing use that's been in place, again, approximately 140 years that these buildings

Similar wording