civus
Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

And we do have a letter of opposition from the Manioc Neighborhood Council.

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Yes, we do.

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There's 11 opposition, one in support.

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That's correct.

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And just for record-keeping purposes, behind me is Ivan's parents who would be living in the property.

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Okay.

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So, Nick.

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All right.

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One of my vice chair has just a few questions.

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Yeah, sure.

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Good afternoon, counsel.

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Do you agree to either read another refusal or stipulate to his ex?

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I do.

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

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Yes.

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Thank you, counsel. Please proceed. Thank you. I'm a little off my routine because I'm used to actually being in front of my computer, so I apologize for that. All is good. Nick, can you put up the notice of refusal? Thank you.

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So this is an RSA 5 property with a lot area of 1,500 square feet.

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And as the chairman stated, well, this is in the Manioc area of Philadelphia.

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And what my client's trying to do is put a duplex here for the first floor and lower level will be for his retired parents.

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And the upper level unit will pay for the mortgage for some other renter.

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There's two entrances you'll see from the pictures.

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We have two refusals here.

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One, because this is an RSA 5 property, it's multifamily in nature, that's refusal number two. And then second, we are expanding a non-conforming use where we're building on the second and third stories so we don't meet the minimum setback requirements of nine feet, where instead we're proposing seven feet, six inches.

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Next Nick. So we did meet with the Manlyon neighborhood council. As the chairman stated, there was opposition to this project. Continue.

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My client did solicit nearby neighbors, which include an address at 4472 and 4474 Silverwood Street. You also see addresses on the cross streets as well.

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that is on Maiden. And I feel like there's another Green and Carson Streets. So these

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are all nearby neighbors who are, you know, conceptually in support of this, of the two

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unit use. Next. Next. Yeah. So and it hasn't been used like this in a while, but it does

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have a multi-unit past um i believe that this says that it was a bar and a single family above so

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it's not uncommon you know given its history to have uh you know multi-unit use next

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and again not uncommon in the neighborhood to have multi-unit use there's 4462 silverwood

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44-74 Silverwood

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44-33 Fleming

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and 44-44 Silverwood

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maps of the area

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both from a zoning map

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and a Google Maps perspective

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and then photographs of the property

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so just from this picture

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you're going to see the front of the property

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like there one

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can you just slow down

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can you go back

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the one unit you'll see in the front door

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and then where that would go lead up a flight of steps to unit number two for the second and third

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floors. And then there's that side entryway path where unit number one would be. Next.

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And that's our orange notice posting for today's hearing. Next. And this is just the rear of the

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property. Again, you can see it's a non-conforming use right now. All we're doing is building on top

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of that and that's where we gain that second variance request next and then silverwood to

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the right of the property till left of the property and then our plans and drawings

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fill after the property and then our plans and drawings that's just the site plan next nick

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not the easiest plans to see so i'm gonna try my best here um if you go thank you nick

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i go a higher uh so if you the other way i'm sorry go down to the floor plans so

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if you go to look at the second set that's level one that's the first four if you go in the front

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part, you'll see those steps like they're going up to that, you know, the second unit, which is

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level two and level three. And then if you go on the right side, there's a separate door on level

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one. That is, you know, these are my understanding pre-existing openings, but we can confirm with my

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client, but let's just go to unit number one. That's where his parents would be living. You

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come in um there's a kitchen there there's a bedroom in the rear and then if you go closer

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to the front of the property that's where the the living room is and the dining room and you can see

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there are a lot of windows because of that side path like there's a lot of light in there and then

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if you go down in the basement lower level there's this a there's a laundry room down there it's

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unfinished so they're not planning to live that like have any real living down there it's just

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storage instead of going to unit number one you go up to unit number two on the second floor where

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you see that landing and you know it's a it's pretty nice it's it's uh it's three bedrooms

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two baths and um you know there's a kitchen there is a living room there's a bathroom in the middle

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and then if you look at the gray boxes on the second and third levels that's kind of where the

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the additions are and what's added is a new sunroom on the second floor with a new deck

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and then on the third floor is where we're not going like we're not going it doesn't look like

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the building structure is going completely back there in some in some respects because it looks

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like there's another opening for that deck but there's a bedroom and then a new deck there and

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then it's just additional bedroom so it's three bedrooms two baths for unit number two and then

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two bedrooms one bath for the parents in unit number one next and then our rco meeting notice

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i see mr hunter in the audience like he'll he'll confirm that you know we did have a meeting

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obviously through the letter but we we mailed this notice for the march 5th uh community meeting to

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nick uh how many addresses we sent it to 117 addresses and the addresses follow and proof

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of mailing those addresses and then we have our application for appeal that we filed on ivan's

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behalf next along the notice of refusal in project information form deed showing that he owns the

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property next and then certificate of tax clearance uh with that being said i would ask that

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Ivan virtually raise his hand

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and be sworn in.

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Ivan?

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They have been promoted.

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They will be coming back in shortly.

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Hello.

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Hi, this is Ivan Hernandez.

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S-I-V-A-N-H-E-R-N-A-N-D-E-Z.

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

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Yes.

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Please proceed, counsel.

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Yes, Ivan, you heard everything I had to state today about your zoning matter.

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Correct.

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Is it true and correct what I stated?

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Yes.

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And do you adopt as your own testimony?

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Yes.

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And then specifically about your parents, the intention is to renovate this property,

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create two units and have your parents live in unit number one yes that's correct and then uh

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for the second and third floor either uh rented out or me and my wife are also considering uh

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to move there and to your question about the existing doors uh in the first floor on the side

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yes those are uh have been there since before we moved all right thank you i don't think you

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go to the rco meeting um no mr goldberg did do you know what happened well i think well mr hunter's

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here so i i yeah no i think i see other people okay yeah i think that there there was you know

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obviously this is the the zoning classifications rsa5 yeah sure and i do think though that given

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the history of the property um and given that there's other use similar uses on that block and

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nearby um and given the large size of the lot i think okay questions from the board

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um and given the large size of the lot i think okay questions from the board the only question

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i have is just looking at the way the bathrooms were designed are those all assuming that they're

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going to have stand-in showers i would defer to ivan about that i know there's probably limitations

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with the parents so i it looked like there was a bigger bathroom i don't know almost like an

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an accessible bathroom to a degree didn't look accessible yeah i will i'll leave it i i'm just

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an amateur uh so um ivan can you answer that question yeah the additional bathrooms that we

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propose would also include uh showers there is one that we were proposing on the third floor

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uh in that place where we have currently uh a room so we will almost lose that room uh when

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we add that bathroom and that's why we are adding an additional one and then we propose to also add

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another bathroom in the basement since that's a substantial space that we're not using as much as

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we would like to. So then my follow-up question though that is what's the depth of the basement

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below grade? Because the egress wasn't super it looked like the basement wasn't really being used

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for principal living but so i i think the architect that handled this um main i don't

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remember if we got a site plan well we did we had to have a site plan because we're doing the

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addition there we go there we go go up uh nick did uh yeah where the floor plans is the upper

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level of the that page there you go so let's see what we got here uh i can't see it uh it's like

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six feet it looks like it's a bilko door to the front yeah the note says six feet below grade

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yeah so i just wanted what's the egress from the basement because it's not noted on the point

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gotcha in the section yeah so yeah we have to take a look at that um thing that shows is the

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bilko door yeah right but that's not light or air oh no i'm dumb to saying that's me yeah no i know

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you say initially it's unfinished in the sense of there right now it's unfinished there's no

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intention to like again ivan can you explain are you planning to finish this off or are you planning

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to have it keep it raw like it is now other than the bathroom uh yeah other than the bathroom i

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will keep it uh raw the the objective is just to have an additional bathroom to make things easier

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and right now there's one way to get to the basement from within the house and then also

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from the outside so it has these two uh entry and exit points so ivan would you have any objection

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if there was a proviso no bedrooms or i guess bedrooms in the basement or living in the

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basement i think the bathrooms count as living yeah so i think other than having like a washer

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and dryer um and storage would you have any objection to no other living no okay so we could

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i think they would agree to that i think it does honestly if it's going to be raw down there it

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doesn't make sense to put the bathroom anywhere anyway that also didn't facilitate aging in place

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i mean yeah that's fine yeah thank you all the questions from the board how many bedrooms is

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the first floor unit two so i probably uh it looks like if you go in the rear there's i think

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it's the front and the rear so if that that's that that's the one that looks like a primary

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suite right with a bat of sec their own bathroom and then if you go to the front it looks like

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that's an it's another bedroom right there because there you see there's a door right above you get

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into the unit? You get

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to the unit in the middle

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on the side? Off the side

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if that else? That's a pre-existing

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door. That's correct.

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Gotcha. Okay, so you enter into

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the kitchen. Yeah. Right.

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Okay, other questions?

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Questions from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the audience or the

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virtual audience? Mr. Hunter?

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Yeah, why not? Sure.

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Are there neighbors back

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there too well those those are my clients but they're your clients okay good the parents who

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are going to live there right okay hopefully mr hunter could you please state your name and spell

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for the court sonographer you might want to get closer or pulled closer to you all right that

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okay that's fine that's fine um john hunter h-u-n-t-e-r do you swear or affirm to tell the

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truth the whole truth nothing but the truth i do mr hunter please start your presentation

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I'm sorry excuse me this is the court reporter could mr. hunter pull the

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microphone even closer all right how's that testing thank you sir

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all right how's that testing thank you sir okay um we are the uh coordinating rco uh we did have

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the public meeting just a little background amplification of what mr notcherson said

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this property use was last used as a bar first floor bar and a rooming house in 1987

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The property was a larger overall property with a vacant lot to the west, and a driveway and a separate garage to the east in 1987.

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It was then bought, renovated, and turned into a single-family dwelling, and it was the same owner from 1987 until 2023.

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During that period, the properties of the West, the vacant lot was sold, and a new property

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was built by Wright on that house, on that side of the property.

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In 2023, that same owner sold the driveway and the accessory garage to the opposite neighbor

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on the east, and they came before this ward for a variance for that because it was a non-conforming

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lot it was too small and it was a non-accessory garage use so the property as of 2024 was

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an attached row house with a side yard which was about three feet wide the remainder of the driveway

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and a solid six foot high fence was built the rear yard is non-conforming it's seven feet

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something or other with a single story edition so that's the condition of the property

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we are aware that the property was bought in 2024 and the family moved in we were happy that they

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moved in if you look at the photographs there was some renovation work done and you can see

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from the photographs that the um the property seems to be used used on all three floors or

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air-conditioned units placed in to the third and second floor, so it was used as a single-family

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house, which we all applauded and think that was great. The proposal, therefore, is problematic

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for the neighbors because it subdivides an RSA 5 house into a duplex unnecessarily, we

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believe, particularly as it really compresses the existing family that are living there

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at the moment to the single floor the first floor in order to expand the upper two floors into a

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totally separate dwelling unit so really it's a trojan course for an rsa5 being converted into

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a duplex with no parking on the side other than that just raising parking parking is a problem

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Not as always in anywhere in Philadelphia is parking is a problem, but just across the street into the south is the St. Mary's redevelopment of the whole estate as a campus.

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So the property was sold five years ago and still under construction, converting the school, the convent, the church.

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and more significantly there was an 80 parking space open space that was used by local residents

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and that was lost so there's a lot of pressure for parking so um going to the adjacent use uses the

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mr notchinson side one of the properties across the street also came before this board it's a

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triplex from 1930s and it's always been the triplex and it's an airbnb and you the board

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granted them a three-year extension there's another one on fleming street that was cited

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which is also an airbnb but other than that as you can see from the photograph the street on

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silverwood street is predominantly single family use and stable and therefore introducing a duplex

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conversion into a housing stock which is pretty similar all along that street is not seen as being

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beneficial three-story property next what is that single single family yes and i don't know if the

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the owner is um here in the audience to give testimony but he did at the public meeting

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he was particularly concerned because his property is a lot shorter than the adjacent

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house with these proposed additions and he would lose obviously any possibility of sunlight and

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