civus
Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

West Civic.

Similar wording

The vote was unanimous and a letter of non-opposition from Council Member Squilla, along with a petition and support signed by 13 neighbors, along with a form letter of support.

Similar wording

Mr. Nockmson, just for the record, could you state your name? You've already been sworn.

Similar wording

Ellen Nockmson.

Similar wording

And Mr. Nockmson, could you identify your client in a relationship to this property?

Similar wording

yes my fine is elise ebert and she's in the virtual audience okay and our vice chair has a

Similar wording

few questions good afternoon counselor do you agree to wave the read another refusal or

Similar wording

stipulating to its accuracy i do have you emailed in all the required documents and exhibits that's

Similar wording

needed to proceed with this case five days in advance of this hearing uh yes we did thank you

Similar wording

Council. Please proceed and hear your screen.

Similar wording

Let me show you the right screen.

Similar wording

I'm here to present 2025

Similar wording

South Street. That's good. What I'm going to

Similar wording

show you first is the notice of refusal, then the letter of support from the

Similar wording

Dickinson Square West Civic Association. We did do an extensive

Similar wording

petition of the neighborhood. My client lives nearby. This is an investment property she's

Similar wording

hoping to have as an Airbnb with an allowable use as a duplex as well. It's uncommon to have

Similar wording

Airbnb listings nearby, and we'll show you that as well. Reviews of her Airbnb listing and use

Similar wording

are also included in our packet materials, our host profile as well. Don't know why we're getting

Similar wording

of refusal for the duplex use. There's a zoning permit of record for duplex use, plus there was

Similar wording

an active rental license up to the point my client purchased the property. When she tried

Similar wording

when she tried to get a rental license she was told that she could not they could not locate

Similar wording

to get a rental license, she was told that she could not. They could not locate this.

Similar wording

this the certificate of occupancy it's i believe that's an issue with ellen i not an issue with

Similar wording

this property um i think ellen i lost his certificate of occupancy but this has had

Similar wording

extensive uh duplex use that's been continuous over the years with uh proof of that duplex

Similar wording

used by a rental license then we'll review maps of the area photographs of the interior of the

Similar wording

property, as well as photographs of the exterior of the property and the surrounding area.

Similar wording

So simple floor plans here.

Similar wording

Our RCO meeting notice, this was a very well-attended meeting, as you'll see by the vote,

Similar wording

and they voted unanimously in support of this matter.

Similar wording

Our application for appeal that we filed on behalf of Ms. Ebert, as well as the deeds

Similar wording

of property showing that she owns the property, as well as the certificate of tax clearance.

Similar wording

At the conclusion of my presentation, I would ask Ms. Ebert to virtually raise her hand, be sworn in, and then I have a few questions for her.

Similar wording

So first things first, notice a refusal.

Similar wording

This is an RSA-5 property, but you'll see it's one of these corner properties that you would think of as multi-family in nature.

Similar wording

We have two refusals.

Similar wording

It's visitor accommodations in each unit of a two-family household living.

Similar wording

I think first refusal has to do with the two-family household living.

Similar wording

Technically, we're RSA 5, but it is an existing use here that has been continuous for some time with proof of that by way of a zoning permit as well as a rental license.

Similar wording

And then the second use that we're asking for is the visitor accommodation use within those two units.

Similar wording

And, you know, because we're RSA 5, we're seeking a variance for that as well.

Similar wording

But that's not uncommon in this part of the neighborhood.

Similar wording

So as you can see here, 33 people attended that meeting, that vote took place, all voted in support of this project.

Similar wording

And then we also canvassed the neighborhood.

Similar wording

My client lives close by, and she was able to get a few signatures on this petition, as well as a letter, a form letter of support that was signed.

Similar wording

And then it's not uncommon to have Airbnb used in this part of Philadelphia.

Similar wording

As you can see, we just did a canvassing of the neighborhood.

Similar wording

within like a three to four block radius. And we have one, two, three, four, five, six, seven,

Similar wording

eight other Airbnbs in close proximity. And then reviews, my client has a stellar rating.

Similar wording

So not in addition to her rating or ranking, she also makes sure that she only takes on tenants

Similar wording

who have similar rankings. It's important to her, obviously, as an investment property to make sure

Similar wording

is kept in good repair, but also not to be a nuisance to the neighbors of this property

Similar wording

and quite frankly, her own neighbors who work because she lives close by.

Similar wording

So she only selects tenants who also have equally good ratings.

Similar wording

And then this is her host profile as well.

Similar wording

And then here's a use permit showing that this is, you know, we have an actual use permit

Similar wording

for two-family household living here.

Similar wording

And then here's the rental license as well. It was active until July 3rd of 2023. My client purchased the property in October of 2022 when she tried to renew the license. This is when she had her issue with respect to the duplex use.

Similar wording

in the maps of the area. We're a corner property

Similar wording

on the corner of Mercy and 5th Street.

Similar wording

And then this is the interior of the property. This is what you would see

Similar wording

on Airbnb. She tries to keep it in nice repair

Similar wording

and in clean nature.

Similar wording

Again, this is an existing two-family dwelling

Similar wording

physically. So it would be a huge hardship on her part

Similar wording

to have to convert this to single family. And then this is the photographs of the

Similar wording

property looking both from Mercy Streets and Fifth Streets.

Similar wording

And then just a simple floor plan here. And again,

Similar wording

you can see this corner portion of the property. So there's two entrances, one for each unit.

Similar wording

So, again, this would be, I would think, more of a CMX1-ish property, where this would have been previously a commercial unit here.

Similar wording

But she uses this now as a two-bedroom, one-bath unit on the ground floor.

Similar wording

And then there's a separate entrance for the upper unit, which, again, is a two-bedroom, one-bath.

Similar wording

All was in that current condition or in that condition when she purchased the property.

Similar wording

And then we had our meeting on March 19th.

Similar wording

and then we had our meeting on march 19th we emailed notice of that meeting to the coordinating

Similar wording

We emailed no.

Similar wording

rco and other relevant parties we also mailed it you know two weeks beforehand to 189 addresses

Similar wording

list of the addresses proof of mailing to those addresses our application for appeal

Similar wording

that we filed on miss ebert's behalf deeds of property showing that she owns the property

Similar wording

and our certificate of tax clearance um i would ask that miss ebert virtually raise her hand

Similar wording

and be sworn in

Similar wording

we've been about to speak hi could you please state your name is spelled for the stenographer

Similar wording

hi elise ebert e l i s e e b e r t you swear or firm to tell the truth the whole truth nothing

Similar wording

but the truth? Yes. Please proceed, counsel. Ms. Eber, you heard everything I had to state

Similar wording

today about your zoning matter. Yes. Is it true and correct? Yes, it is. And do you adopt it as

Similar wording

your own testimony? Yes. Thank you. One other thing, Mr. Chair, I know the board feels

Similar wording

is typically inclined to grant a temporary variance of three years. Given the overwhelming

Similar wording

support of 33 members of the community in favor of this matter, and Ms. Ebert's stellar passed

Similar wording

as an Airbnb operator, as well as her close proximity to the property, we would ask the

Similar wording

board to consider a five-year temporary variance. It's a very expensive product. This is a very

Similar wording

expensive and time-consuming process, so we would just ask for the board to consider that.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

no chair questions or comments from our attorney hillary emerson

Similar wording

um yes just briefly mr chair um i did um discuss this application and another one we have later

Similar wording

today um with l and i because it does request two simultaneous uses right um at the property

Similar wording

um l and i did advise me that they they could coexist um and that you know the variances could

Similar wording

be granted for both um if the board would like to do a temporary variance for visitor accommodations

Similar wording

um we would just want to specify in the proviso that that was specifically for the visitor

Similar wording

accommodations and not for the duplex use as well yep yes i did notice that thank you um

Similar wording

questions or comments from the virtual audience

Similar wording

i have a john disley with a hand raised mr chair i have allowed them to speak

Similar wording

i could you please state your name and spell for the stenographer

Similar wording

um yes sir my name is john disley d-i-z-z-l-e-y right do you swear or firm to tell the truth

Similar wording

the whole truth and nothing but the truth yes sir are you a neighbor i'm the president of

Similar wording

the zoning for Dickinson Square West. Okay. Thank you. Please proceed. I just wanted to add,

Similar wording

according to everything else that the young lady agreed to, she took it to the concerns of the

Similar wording

community. And so far, she agreed to add two cameras to the outside premises. She also agreed

Similar wording

to give Dickinson Square West Civic Association and some members of Mercy Street her number

Similar wording

in case we see something going wrong. So she's agreeing to be part of the community. And yes,

Similar wording

that's what i wanted to say thank you very much for taking the time mr disley we appreciate it

Similar wording

is there anyone else in the virtual audience no further answer mr chair planning commission

Similar wording

good afternoon chair members of the board this is greg guelman planning commission staff

Similar wording

in 2019 the zoning map was amended from use to residential single family at this location in

Similar wording

accord with recommendations from the comprehensive plan. The appellant has not supported their

Similar wording

hardship claim with evidence of unique physical circumstances or conditions of property. The city

Similar wording

planning commission recommends that the study board deny the variance. Thank you. So MI 2023

Similar wording

006333 2025 South Fish Street. I vote yes. With proviso, visitor accommodation is temporary,

Similar wording

expires

Similar wording

4-24-29

Similar wording

Thomas

Similar wording

Solomon, my vote is yes

Similar wording

with proviso

Similar wording

Ishmael Shaheen

Similar wording

my vote is yes with proviso

Similar wording

Mr. Nakamson, we're going to

Similar wording

move on to North Franklin Street

Similar wording

so MI-2023

Similar wording

006

Similar wording

413-1338 North Franklin

Similar wording

Street

Similar wording

letter of support from the 14th community organization with provisos

Similar wording

maximum three units interior trash storage and also

Similar wording

maximum three units interior trash storage and also there's a letter of um signed by approximately

Similar wording

30 neighbors mr knockamson just for the record state your name please

Similar wording

mr knockamson can you state your name please

Similar wording

we couldn't hear you for a minute i don't want to maybe i was maybe i was too far away from the

Similar wording

screen screen okay could could you identify your client in relationship to this property

Similar wording

uh yes my client is 1338 n franklin st llc in the virtual audience is its member keith aliots

Similar wording

and our vice chair has just a few questions

Similar wording

good afternoon counsel do you agree to wait to read another refusal or stipulate to its accuracy

Similar wording

I do. 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?

Similar wording

Yes, we have. Thank you, council. Please proceed and share your screen.

Similar wording

Thanks.

Similar wording

All right, so this is a pretty straightforward variance request. 1338 North Franklin Street.

Similar wording

This is an RSA 5 property, which has an extensive use as a triplex, and there are many

Similar wording

properties surrounding it, which have at least three units in them. So we'll review the notice

Similar wording

refusal. At first, we proposed four-unit dwelling. After talking to the community and looking further

Similar wording

at the history of this property as a triplex, we feel it's more appropriate for it to be a triplex,

Similar wording

and the community agreed with us. So if the board feels so inclined to grant this variance request,

Similar wording

we would ask for a proviso maximum three units. The chair also stated about proviso storing trash

Similar wording

indoors in the units. We have no objection to that either. So those would be the two

Similar wording

provisos that we would ask the board to consider. We do have a letter of support for the 14th

Similar wording

Community Organization, as well as an extensive petition of the surrounding properties. Again,

Similar wording

we wanted to look at the history of this property. Well, we looked at the history of this property

Similar wording

when we were doing our evaluation of this variance request, and we discovered that there was a zoning

Similar wording

and use permit, showing a history of multifamily use of three units.

Similar wording

So it's clearly appropriate under circumstances, given that extensive history, to reinvigorate

Similar wording

and revive that use to three units for this new construction project.

Similar wording

Then we'll review maps of the area, photographs of the property, our plans and drawings,

Similar wording

our RCO meeting notice.

Similar wording

And again, there was much negotiation with the community organization, just so the board

Similar wording

understands.

Similar wording

Not just the maximum of three units, but there are some non-binding provisos that we memorialize by way of a community benefits agreement as well.

Similar wording

Then we have our application for appeal, our deed to the property showing at 1338 and Franklin ST LLC is the owner of the property and the certificate of tax clearance.

Similar wording

And again, after my presentation, I would ask that Mr. Alias virtually raise his hand, be sworn in, and then I'll have a few questions for him.

Similar wording

So our notice refusal is this.

Similar wording

This is an RSA 5 property, but it's rather large in size.

Similar wording

The lot size is 1,754 square feet.

Similar wording

Originally, with this notice refusal, you can see that we applied for four dwelling units with two accessory surface parking spaces accessed via Perth Street.

Similar wording

We only have one refusal, and that's for the amount of units. I just want to make a point of this. You know, our interpretation of the accessory parking spots, the reason why we don't have a refusal is that's considered a rear street.

Similar wording

I just want to put that on the record that that's our understanding as to why we didn't get that refusal, because typically you would have a refusal for off-street parking. So we just want to make sure that the board understands that's why there's no refusal there.

Similar wording

Letter of support from the 14th community organization, you know, again, the enforceable ones, maximum three units, trash stored inside the units themselves.

Similar wording

We have no objection to that.

Similar wording

Petition was pretty extensive that my client circulated around the neighborhood.

Similar wording

And then, again, you can see here that this has been some three-family use for some time.

Similar wording

We have a zoning permit as far back as 1967.

Similar wording

We have another one in 2006.

Similar wording

and six. It looks like it had a little bit more use, at least here. It looks like it was six

Similar wording

It looks like it had a little bit more use, at least here.

Similar wording

families in a garage, but I can't really read it that well. Maps of the area. So there's a diversity

Similar wording

of zoning classifications here. We have some RM1, which if this was RM1, you know, this use even

Similar wording

for dwelling units would be allowed as right. We're all seeking three. There's CMX3, there's

Similar wording

ICMX and CMX1 in addition to RSA5.

Similar wording

And then this is where we are in the neighborhood.

Similar wording

You can see that there is some commercial use here.

Similar wording

So having multifamily nearby will only help support that commercial use.

Similar wording

And then photographs of the property is a vacant lot.

Similar wording

It's been vacant for some time based on our review of Google Earth.

Similar wording

And then this is just, you know, again, our property from different angles,

Similar wording

along with the posting of the property from those different angles.

Similar wording

And then this is pictures of contextually of

Similar wording

the neighborhood. And then this

Similar wording

is, you know, 4th Street where you can see it's not uncommon to have some

Similar wording

off-street parking. Mr. Nockamson, how's the block

Similar wording

relative to multifamilies? Oh, yeah. So

Similar wording

we looked at it.

Similar wording

It's 1328 North Franklin Street, four units, 1320-22-8, 1320-93, 1327-4.

Similar wording

I can go on and on.

Similar wording