civus
Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

All that beautiful work would have to be torn out,

Similar wording

and we would hate to see that.

Similar wording

That's certainly an economic hardship.

Similar wording

all right so we're going to hold this to next wednesday uh we'll take it to executive session

Similar wording

where everybody have a chance to uh voice their views on it and we'll come to uh a conclusion

Similar wording

okay and we'll thank you at 9 30 a.m just want to move my entire exhibit packet into evidence as

Similar wording

well as well as the letter from council member uh brian o'neill all right thank you very much thank

Similar wording

you number three um nicole span

Similar wording

I think I already swore you in, right? Just for the record, state your name again and

Similar wording

turn your computer on. Nicole Spann. S-E-O-L-E-S-P-A-N-N.

Similar wording

Our Vice Chair has just a few questions for you.

Similar wording

Good morning. Have you submitted your documents and exhibits five days in advance of this

Similar wording

hearing yes ma'am okay and do you waive the reading of the refusal and stipulate to its accuracy

Similar wording

yes ma'am okay thank you you can share your screen and proceed with your case

Similar wording

Okay. All right. So that's your posting, right? Yes. Okay. So that was the close-up of the posting. Yep. Then there was just another picture of the posting. That's the property right there, right? That is correct. And that's a duplex? No, it's a single-family home, and I'm trying to – I'm here today for the duplex issue.

Similar wording

but but it it already is a duplex and you're trying to let your it's a duplex that you want

Similar wording

to legalize right okay so my story bought the property with my fiance at that time um went to

Similar wording

ellen i to get the rental license and that's when they informed me that it was not a legal

Similar wording

duplex okay how long have you owned it since 2021

Similar wording

21 and it was a duplex when you bought it correct okay here is a copy of the deed yes we have we

Similar wording

have all your documents okay i think where you should be is show us the photos of the property

Similar wording

my pleasure

Similar wording

so here's a pictures of the property um if you notice like in this very first picture

Similar wording

where this is the downstairs the first floor and back here like through this walkway those

Similar wording

are the steps to the second floor uh it's a clearer picture on this bottom right screen here

Similar wording

on the first floor is two bedrooms one bathroom living room kitchen

Similar wording

uh same same thing for the second floor two bedrooms living room kitchen bathroom

Similar wording

this is the porch to the first floor right what do you have in the basement in the basement

Similar wording

uh right now which is tools there's no access to the basement from um in the unit this property

Similar wording

which drew it to our attention it has a five car garage a six car driveway

Similar wording

um but it does not have access from either of the units okay

Similar wording

um but it does not have access from either of the units

Similar wording

oh i'm sorry i keep scrolling the same picture

Similar wording

um here you'll see this is the second floor yep uh this is the living room on the second floor

Similar wording

that's the kitchen on the second floor bathroom on the second floor bottom left

Similar wording

uh go to the next picture do you live in one of the units ma'am no okay

Similar wording

on half but the first floor okay moving on to

Similar wording

i'm sorry yes

Similar wording

sure this is one of the bedrooms on the second floor right that is a closet also on the second floor

Similar wording

Oh, this is another bedroom on the second floor here.

Similar wording

So two bedrooms on the second floor?

Similar wording

Correct.

Similar wording

that's the second floor as well that's the garage this is the living room on the first floor

Similar wording

that comes in off the porch am i correct correct

Similar wording

the living room the kitchen area

Similar wording

more pictures

Similar wording

this is bedroom number one on the first floor

Similar wording

sorry at the bottom right that's the living room on the second floor just

Similar wording

wanted to point that out this is another bedroom on the second

Similar wording

floor on the first floor and there's two bedrooms on the first floor that is

Similar wording

correct the first floor of the basement the first floor the basement is a is a

Similar wording

basement it's not it's not liable i think that stucco ceiling threw you off stealing in the

Similar wording

window we actually ripped that down recently and um you know made it flush with drywall

Similar wording

this is the laundry area um it's like a separate area coming out the hallway from the living room

Similar wording

kitchen one bedroom uh the laundry area and to the right is where the bathroom is

Similar wording

this is just a storage area like i said that ceiling yes we pulled that out made sure everything

Similar wording

was good that's the bare basement there like i said there's no access from the unit to the

Similar wording

basement we pretty much use it for storage at the bottom right that's the driveway area like

Similar wording

said it holds about five or six cars there and this is the base this is your basement here

Similar wording

correct that is the basement and at the back of the driveway that's the entry to the garage

Similar wording

this is the door on the outside in the driveway that goes to the basement

Similar wording

and that's well this is the like i said the garage area

Similar wording

um this is the certificate of uh tax compliance

Similar wording

Terrific of tax?

Similar wording

Clarence.

Similar wording

Questions from the board?

Similar wording

Are the units completely separated?

Similar wording

Yes.

Similar wording

So like there's separate utilities for the first floor, the second floor, and the garage separately?

Similar wording

Yes.

Similar wording

Yes.

Similar wording

When you purchased the property, did you get title insurance?

Similar wording

And did any of this come up on the inspection report?

Similar wording

Surprisingly, no.

Similar wording

Okay.

Similar wording

none of this came up until i went to get a rental license and the plan is to keep this as a and like

Similar wording

sort of a rental property for both units correct are you using any parts of the property uh personally

Similar wording

the garage the garage in the basement and then how are you all using the garage in the basement

Similar wording

and storage space storage space okay other questions correct yeah question for you um

Similar wording

so so the that first floor extends all the way to the garage or is that a

Similar wording

separate because I mean it was kind of looking at the looking at the building

Similar wording

kind of looking at the looking at the building and um it it looks like this the first floor

Similar wording

and it it looks

Similar wording

extends all the way back to that first that that one-story garage area right correct and is that

Similar wording

part of it is that part of the apartment no sir until you get to oh it's not okay no so the garage

Similar wording

right there's no access to the garage from the to the unit from the unit that's set at all okay

Similar wording

correct okay okay and then how do you get to the second floor unit it was on the left hand side

Similar wording

on the other side so right here at the bottom you can see where you got a close-up shot of that

Similar wording

why don't you look for it i saw the close-up before oh okay gotcha okay yeah there you go

Similar wording

no that was good i saw i see the door so that door at back there it goes to the second floor

Similar wording

that is correct all the way in the back that goes to the second floor and this door right here to

Similar wording

the front goes to the front the first unit okay yeah it looks it's interesting because the house

Similar wording

looks small from the front but it's actually pretty pretty long and it's because it because

Similar wording

the rooms look pretty decent look like a decent size yes all right where's the trash store for

Similar wording

your uh tenants so there's a driveway and that's where the trash cans usually sit

Similar wording

the driveway going into the garage I'm sorry the driveway where the garage is correct right

Similar wording

okay other questions do the tenants um have use of the driveway yes so they can park yes that

Similar wording

block um unfortunately is parking limited yes questions for attorney um not so much a question

Similar wording

i just wanted to note that the refusal doesn't say anything about the parking um and that there's

Similar wording

existing parking so that may need to be recognized i don't see any permit history relating to

Similar wording

parking on here so that may need to be done through a separate zoning permit application

Similar wording

um and this is rsa5 and it's accessed from a main street so you might actually need a separate

Similar wording

variance to legalize the parking that's already there i just wanted to flag that for you um so

Similar wording

unfortunately anything we can do about it now but i just wanted to make a note because

Similar wording

um i noticed it wasn't on the refusal and i checked the zoning history um you know clearly

Similar wording

was put it put there at some point well before you um and the garage is there and all of that

Similar wording

but just wanted to note that there isn't a record of that parking being approved so just wanted to

Similar wording

flag that for you because you may need to do something about that in the future okay all right

Similar wording

questions or comments from the virtual audience i see no hints at this commission

Similar wording

thank you chairman good morning david vecto with the city planning commission

Similar wording

chairman and board members the comprehensive plan recommends no change to the RSA 5 residential

Similar wording

single-family zoning at this location the city rezoned this neighborhood in 2019 in accord with

Similar wording

recommendations in the comprehensive plan this block face has a mix of single-family homes

Similar wording

duplexes and triplexes so the proposed two dwelling units matches the character of this block base

Similar wording

the city planning commission recommends of the board grant the proposed use variants for two

Similar wording

dwelling units so mi 2025 000 486 35 22 to 24 north 8th street i vote yes michael johns my vote

Similar wording

is yes cheryl gaston my vote is yes tenetta graham my vote is yes mcadams my vote is yes

Similar wording

thank you thank you you look awful very you look happy

Similar wording

all right so number four mi2025 000 592 2296 brinmar avenue

Similar wording

rodney wright monique wright are the applicants pro se

Similar wording

there's a letter of support from winfield residents association 12 in support five

Similar wording

in opposition and a letter of support from council member jones

Similar wording

on eighth grade right will be rejoining as a panel sure

Similar wording

we're here well that's great to hear thank you could you uh thank you could you please state

Similar wording

your name and spell it for this stenographer monique are you going to testify yes okay please

Similar wording

state your name and spell for the stenographer monique m-o-n-i-q-u-e gray g-r-a-y right w-r-i-g-h-t

Similar wording

do you or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do all right so this application is for the legalization of a hundred percent

Similar wording

I do.

Similar wording

All right.

Similar wording

So this application is for the legalization of 100% opaque six-foot tall fence along the frontage of an existing detached structure for no change of use from single-family home living, for no change to existing accessory parking garage with two spaces have previously approved,

Similar wording

Whereas any fence located nearer to the lot line than the required building setback or the actual distance of the building from the lot line, whichever is greater, shall be no more than four feet high, no more than 50% opaque.

Similar wording

whereas fences on any side of our corner lot building facing a street shall

Similar wording

comply with their front setback rules set forth by section 14-706 apostrophe

Similar wording

three apostrophe a one our vice chair has just a few questions for you okay

Similar wording

yes good morning have you submitted your documents and exhibits five days in

Similar wording

advance of this hearing yes okay and the chair just read your refusal so do you

Similar wording

You stipulate to the reading of the refusal further, and do you stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

You can share your screen and proceed with your case.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

Can you see my screen?

Similar wording

It's coming over there.

Similar wording

Yep.

Similar wording

We see it.

Similar wording

Perfect.

Similar wording

Okay. So this is the side and backyard of our home at 2296 Bryn Mawr Avenue before the fence was erected. Although we have 2296 is our home, the front of our home is on Woodbine Avenue and the side and backyard faces Bryn Mawr Avenue.

Similar wording

to the next one in a second please

Similar wording

can you see this one no let's say it hasn't moved yet

Similar wording

oh can i can i stop sharing a share again please sure thank you

Similar wording

okay

Similar wording

Can you see it?

Similar wording

uh it's coming up right now we we see i guess you're showing us a nice snow shot

Similar wording

can you see the first picture of the home i see them yep the side in the yard yeah okay

Similar wording

great thank you so this is the uh side and backyard again is on brenmar avenue and i'll

Similar wording

show you a picture of the front right now. So the reason why we erected the fence is because we had

Similar wording

theft to our property. Delivery people didn't know where to deliver our property, so they would

Similar wording

deliver it to the back steps. People walking down the street would go to the back steps and take

Similar wording

the items. People also use the side of our yard as a shortcut to get from one place to the other.

Similar wording

they would leave the sidewalk and go on the property. So this is the pavement for pedestrians

Similar wording

and this is our personal pavement to go to the front of our home. They would also leave dog

Similar wording

feces. Animals would come on to our property but the most reason is because in the snow we have

Similar wording

seen footprints to the back of our home and animal prints to the back of our home which is quite

Similar wording

dangerous um when people should not even be back there people take it upon themselves to

Similar wording

um walk back there that made us less secure um in our home they've also stolen things from back

Similar wording

here so we can't leave anything outside it's really unusable um from this perspective before the fence

Similar wording

after the fence this is the front of our home that faces whereby avenue and the fence is located

Similar wording

behind our front yard so our front yard is huge and substantial and the fence is behind that

Similar wording

which is lined up um directly with the property once we put the fence up uh delivery men were able

Similar wording

Once we put the fence up, delivery men were able to walk on our private path to the front and deliver packages so that they would no longer be stolen.

Similar wording

to walk

Similar wording

People no longer had the ability to walk past and take things from our property that was not theirs.

Similar wording

But the main issue was when we would have family functions and things like that on the side of the property, there would be pedestrians and people walking past that would literally, excuse me, drive up, park, and come and start asking us questions.

Similar wording

So we felt that that was a lack of privacy and unsafe.

Similar wording

They would say, oh, is this a barbecue?

Similar wording

When should we come back?

Similar wording

Can we have some?

Similar wording

They would not only speak to us, they would speak to our guests.

Similar wording

um and in a way that's kind of frightening because people walking up and down this down

Similar wording

the street you really don't know what the motive is and you don't want to have to get into you know

Similar wording

any conversations with people that you really don't know okay

Similar wording

so this is the uh our property from the corner perspective so you would walk downward by avenue

Similar wording

You will be able to see directly to the corner. Around the corner, you would have to pass our front yard in order to even to get to the backyard. This is another picture as well. So the walkway, you would walk down the street. We wanted to show you the intersection. So if cars were coming past, they would be able to see fully around the corner and down the street.

Similar wording

I'm sorry, my exhibits are going too quick for my fingers.

Similar wording

Apologize.

Similar wording

So if cars were coming down the street, they will be able to see around the corner.

Similar wording

And as you can see right here, the city put three lines in the street right here.

Similar wording

So which means that you can't even park in this distance so that cars can see around the corner.

Similar wording

They also put a street sign over here for no parking.

Similar wording

so that when cars approach the intersection, they can also see around the corner.

Similar wording

So cars as well as pedestrians can see around the corner when they come up to our property.

Similar wording

This is a picture from Bryn Mawr Avenue, and you can see from across the street,

Similar wording

you can see all the way down the street.

Similar wording

So pedestrians were crossing the street or cars were coming down the street,

Similar wording

you can see without obstruction.

Similar wording

There are no obstructions to sight lines where the fence is located.

Similar wording

Monique, that's a fence right across from you, too, right?

Similar wording