have you have you emailed in your exhibit packet with all the requirements
yes but um from the first time i think my i think the architect's on here too i think she
mailed it the for this time it's elizabeth can you hear anything well mr chairman this is tanya
may i ask a question please vice chair sure miss biler are you prepared to present
a presentation of your exhibits on the screen for all to view um i don't know you're not at
you're outside right right i had to run to the pharmacy because it was closing so i didn't know
when i was going to get on i was so that's why i'm not at home right now but i don't know if my
architect's still on here let me just text her to see because she has all of that well here's
the situation miss sharon filer you are required to present if you're unavailable to do so at the
moment we could hold it to the end if that would give you enough time we only have a couple cases
but it's actually the call of the chair i just noticed i have to can i share my screen i do
She is putting it all on for you.
Why don't you do this?
You're on the street.
Why don't you go to the pharmacy.
Do what you have to do.
Come back and get in your house.
And we'll call you last.
We've got four more cases.
We'll call you last.
Sounds good.
Case number four.
MI 2022.
002563, 335 South 12th Street.
Brandon Savron is the attorney.
Letter of non-opposition from Councilman Squilla.
With a two-year variance.
Brandon?
He's coming back in as a panelist now, Chair.
I'm back. Hello.
Brandon, we haven't seen you much today, so.
Yes, I'm about ready to go outside. I bet all of you.
So you've already been sworn. Could you identify your client?
Yes. My clients are Lucy Colosimo and Joe Hopper, and they are the owners of this condo unit.
Okay. Our vice chair has a few questions.
Hi, Mr. Javren. Do you agree to wait the reading of the refusal instantly to its accuracy?
Yes, I do.
Have you emailed the packet with proof of ownership, tax compliance, refusal, referral,
photos, and or plans of the property five days in advance of this hearing,
and have you met with the RCO, and do you have a letter?
Yes, to all of the above.
Thank you. You may proceed and begin with sharing your screen.
Okay, thank you. And I fixed my camera. Anyway, here we go. So here's the refusal, members of the board. What you're going to see here is this is a use refusal pertaining to an existing condo unit in a five unit condo building, which I'll show you in a moment.
Okay, thank you. And I fixed my camera. I saw it in five years.
Thank you.
it's for visitor accommodation so basically um the owners of the unit who have lived there in
the past want to put it on airbnb occasionally um why why is that well as you'll see actually
in the refusal um lucy and joe currently live in sweden um lucy uh had to go there for work
on something I guess you could call a gig or a project. She is working or consulting for the
Swedish National Health System and living there in Gothenburg while she does so. So she wants to
be able to rent out her apartment so that when she returns to Philadelphia, which is the long-term
plan, that it'll still be there for her and Joe to live in. The reason that they want to do short-term
rentals which is what sparked this refusal is because they do come back from time to time on
breaks from her work um if they had a traditional long-term lease you know they wouldn't be able to
use the apartment when they come home someone would be living there it's also not large enough
to sort of rent out part of it not the other so that's sort of the background for you um
This is the building, 335 South 12th.
I believe it is this one where my arrow is, as I mentioned, and is shown on Atlas.
It has been condo-ed into five units.
Lucy and Joe own Unit 2A.
um this is the letter of non-opposition that was mentioned um uh by uh mr birdman chairman
birdman a moment ago um it is um a letter of non-opposition from councilman squilla that
asked the board to um limit the variance that i hope you grant today to a two-year term
We also have a letter of non-opposition from the coordinating RCO, Washington Square West.
My colleague, Rachel Pritzker, attended this meeting with Lucy.
There were 13 votes taken.
All were in non-opposition, none in opposition.
As you see, I don't believe Wash West even asked if anybody supports.
Maybe I'm wrong there.
But the bottom line is that it was unanimously in non-opposition.
They also, on this next page, asked for the two-year temporary sort of time limit.
The first page of this explanation letter basically parrots the refusal.
The second page actually mentions some useful things here along the lines of what I was saying,
that Lucy intends to occupy the apartment as a permanent residence once her work abroad is
completed. I'll leave it at that as far as the letter goes. The property is professionally
managed while Lucy and Joe are away. That was something that was important to the RCO. So this
is a website called slateandhearth.com. This is a Philadelphia-based property manager. So
So this is somebody who has human beings in the flesh to tend for this unit if issues ever come up.
And this one right there is theirs.
This company has a handful of properties.
Some are on Airbnb, some are not.
Anyway, this is the listing that Slate & Hearth manages on Airbnb.
You can see that it's been very well reviewed by the folks that have used it before.
I believe the use started before the new Airbnb guidelines came into effect this year, which
necessitated variance. Additionally, this is basically a very formal form of support from
the other folks in the building. They actually amended the building's condo declaration to
explicitly allow short-term rental use, which is what this document is. It's the amendment
of the declaration governing the condo so uh her neighbors or at least the ones who make the
decisions for the building are very supportive of what they're doing and this memorializes that
i think that beyond that um you're flying one oh yes that's yes if that's enough for the board
absolutely why don't we adopt your testimony lucy colosimo what is her name
Ms. Colosimo, please unmute yourself and wait for the chair.
Hi, could you state your name and spell for the court reporter, please?
Hi, yes, Lucy Colossi.
Hi, yes, Lucy Colosimo.
We lost her.
That's odd.
Lucy, she's not here?
That was her speaking a minute ago.
Okay, so Brandon, you're an officer of the court.
We will gladly take your testimony.
Questions from the board?
No, Mr. Chairman.
What questions or comments from the virtual audience?
I see no hands at this time, Chair.
Planning Commission?
Yes, this is Ron Bednar, City Planning, the first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.
All right, do you swear for him to tell the truth, the whole truth, nothing but the truth?
Proceed.
This property is indicated for multifamily residential on the City Plan, given the physical conditions of the site.
recommended a temporary time-restricted variance to be granted.
Thank you. MI 2022-002-563-335 South 12th Street. I vote yes with proviso.
Good until October 1st of 2024 and used to apply to Unit 2A only.
Harold Tenere, yes with proviso. Thomas Holloman, yes with proviso.
So, James Snell, yes, with proviso.
Ishmael Shaheen, yes, with proviso.
Number five.
Thank you, Brandon.
Thank you.
MI 2022, 002573, 2054 North Bodine Street.
Henry Clinton is the attorney.
Mr. Clinton is coming back in as a panelist now, Chair.
Thank you.
good evening mr chairman hi mr clinton just state your name you've already been sworn
sure henry clinton c-l-i-n-t-o-n and could you identify your client one more time in
relationship to the property sure leo osilovich i-o-s-i-l-e-v-i-c-h he is one of the principals
of the ownership llc right and our vice chair has a few questions and if i remember correctly
this is one of the joint cases you had from before correct right okay so you know you can
just go over a little quicker if you want okay vice chair mr clinton do you agree to wave the
reading of the refusal and stipulate to its accuracy i do have you emailed the exhibit
packet with proof of ownership tax compliance refusal referral plans of the property and photos
five days in advance of this hearing, and have you met with the RCO, and do you have a letter?
Yes, to all of the above.
Thank you. You may proceed and begin with your screen.
Thank you.
Mr. Chairman, members of the board, this is a part of a trilogy of cases.
The companion case was this morning.
It was 2056 North Bodine Street, and this is the property immediately adjacent to it.
table of contents, AA through A10, which I ask be introduced into the record.
The refusal has to do generally with the use of the property. It's RSA 5, single-family
zoning district. We're asking that the property, for a number of reasons which I will discuss,
be used as a two-family dwelling. We have two refusals. One is use. The second is
a de minimis open space requirement.
We're off by six percentage points.
So I'll concentrate on the usage.
We have an RCO letter of support
from Norris Square Community Alliance
concerning 2054 Bodine.
photographs, again, which I showed the board earlier this morning. This is 2054 Bodine. It's
a situation where there's many vacant lots on the street, both the south end of the street as well
as the north end of the street. Across the street were vacant lots. This area has been usurped by
the commercial entity that fronts on American Street. So we have a layout of vacant lots for
some time. I don't know how long this particular lot has been vacant. I couldn't discern from the
zoning records and a commercial use directly across the street. This is looking south again
giving you a perspective of the commercial use which has been screened in to the east and on
to the east and on the west is the vacant lot and another aerial photograph of a different
the west is the vacant lot and another aerial photograph.
property unfortunately so this is going to be a two-family dwelling basement of first floor one
unit second floor third floor second unit open space for the first floor unit in the yard
open space for the second floor unit on the roof when we met with the community group they were
interested in spurring development on this particular block is actually mentioned in their
letter of support. They also were interested in the fact that one of the members of the LLC
is going to help qualify potential purchasers of these units once they are completed.
So I don't want to belabor the point, but in conclusion, we have a unique situation of many,
many vacant lots on a block. The particular lot I can question, 2054 Bodine, has been vacant for
at least a decade, in my understanding. The community group is looking to spur development
with this project, as well as the companion project next door, in the hopes that if other
projects come before them, they certainly are entitled to limit their approval to a single
family home. The use is consistent with other uses in the neighborhood. We're not going to
alter the essential character of the neighborhood.
We're going to bring additional residents to the block and to the neighborhood
and bring more eyes on the street.
In conclusion, I would like to have my client adopt my testimony
if he's still on the call and entertain any questions that the board
or anyone from the virtual audience may have.
Let's do your testimony if he's still here.
Mr. Leo, can you raise your hand, virtual hand?
hey i'm here we have already been sworn twice today so uh proceed henry just just state your
name again for the court reporter uh this is leo icelich i-o-s-i-l-e-b-i-c-h
go ahead henry oh thank you you were sworn earlier today as the chairman said have you
heard my testimony this evening? Yes. If you had the opportunity to testify, would you adopt my
testimony as your own and as true and correct? Yes. Thank you, William. You're done, Henry, right?
Yes. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.
No, Mr. Chairman. Questions or comments from the virtual audience?
planning commission city planning ron bednar property is indicated for residential use on
the city plan or adopted district plan recommends no change to the existing residential single
family zoning at this location the applicant's hardship is not supported with evidence of unique
physical circumstances or condition of the property that was prevented from being used
in conformity with the code therefore we recommend that the request of variance not be granted
Thank you, Ron. MI 2022-002-573-2054 North Bodine Street, I vote yes.
Harold Tenere, my vote is yes.
Thomas Holloman, my vote is no.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thank you, Henry.