civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

This is a pretty straightforward project where all we're trying to do is get visitor accommodation use for this property,

Similar wording

which is a residential property and a rather large condominium development.

Similar wording

We have off-street parking.

Similar wording

So we met with the South Broad Street Neighborhood Association. One person, one affected property showed up. They voted in support of this property.

Similar wording

During the meeting, we were told that if the neighborhood group saw proof after the meeting that this is not against the bylaws of the association and the condominium to have visitor accommodations, and they received a letter in support from the condominium association, the group would support it themselves.

Similar wording

ourselves so you know it did take us you know we had the meeting last i believe last week it did

Similar wording

take us a few more days than we you know we hoped but you know we're dealing with the condominium

Similar wording

board so everything takes a little bit longer so um i believe this weekend maybe we got a letter

Similar wording

in opposition but again and one of the indications was that we didn't provide that letter and proof

Similar wording

of you know that this is not against the governing condominium documents we got that letter since

Similar wording

We do have in our presentation packet a portion of the declaration showing it's not against the condominium rules and regulations to have Airbnbs.

Similar wording

And, you know, I believe for those reasons alone, we, you know, this board should support this matter because it's a very straightforward matter.

Similar wording

And again, the people who did show up in the meeting, one person was in support of it.

Similar wording

So we do have that correspondence from the Marine Club Condominiums Management.

Similar wording

It's also not uncommon to have visitor accommodations within the Marine Club.

Similar wording

And we have we showed a couple of listings of that, as well as across the street where the apartment building, which has the target, also has an Airbnb unit.

Similar wording

We also have our listing, which shows that, you know, we're a well-regarded, you know, Airbnb operator.

Similar wording

We also have reviews showing that as well.

Similar wording

Maps of the area, photographs of the interior of the property as well as the surrounding area.

Similar wording

And then just simple floor plans.

Similar wording

Our RCO meeting notice along with proof of mailing of that notice.

Similar wording

Our application for appeal that we filed on Mr. Milano's behalf.

Similar wording

The deed to the property showing that Mr. Milano is the owner of the property.

Similar wording

As well as the certificate of tax clearance for the property.

Similar wording

Again, well, the zoning classification is I-2, so the use that we're asking for is just visitor accommodations.

Similar wording

This is a residential condominium building, and we would ask for a proviso for three-year temporary variance, which I think is reasonable under the circumstances.

Similar wording

And then, again, the South Philly neighborhood group indicated, too, that everyone who was in attendance outside of the board itself voted in favor of that.

Similar wording

That's that one person.

Similar wording

They, the board themselves, all voted against it.

Similar wording

They, the board themselves, all voted against it. And, you know, here's the letter explaining such. And then again, in this paragraph here, they said, well, we don't believe that visitor accommodations would be allowed in this condominium building.

Similar wording

and you know here's the

Similar wording

If you show us that and you show and give us proof that the board is in support of that, you know, that would go a long way.

Similar wording

You know, in the letter, they said that during the meeting, they said if their board is OK with it and, you know, it's not illegally used by based on the condominium bylaws, they would be fine with that.

Similar wording

So.

Similar wording

That's what we did.

Similar wording

We have that letter and it's from the Marine Club Condominium Association.

Similar wording

The following unit has approved to rent short-term through Airbnb or materially similar platforms.

Similar wording

This approval does not need renewal subject to state and federal laws, as well as the declaration, bylaws, and regulations of the HOA.

Similar wording

And then I also included, which is a recorded document, the declaration of the condominium building, which is the Marine Club.

Similar wording

and specific i only gave a portion of it because i didn't want to have all the pages thereby do

Similar wording

have its you know section or article 7 talks about restrictions on use and alienation and

Similar wording

lease of units and i grant you typically when you see these condominium uh you know rules and

Similar wording

regulations it does limit the amount of time typically that a unit owner can lease a property

Similar wording

usually it's at least 180 days. Here, there's no mention of that. And actually, this condominium

Similar wording

regime has no such prohibition. And again, from the letter you see, they confirmed that. But if

Similar wording

you look at 7.1 and 7.2 of the declaration, there's no such prohibition or limitation.

Similar wording

So all we have to do is give notice that we're leasing the property out. And it's so long

Similar wording

as this is approved it's approved that's what happens here and then nearby airbnb listings so

Similar wording

again people don't want to always you know get you know have a property you know you know have

Similar wording

a hotel room at the ritz you know they want something a little bit more unique and here

Similar wording

again this is a you know north you know south broad street this commercial corridor and um you

Similar wording

know we have a parking space and someone you know wants a little bit different flavor and that's what

Similar wording

But, you know, our Airbnb offers and many, many Airbnbs in this vicinity.

Similar wording

And you can see here, they're like, you know, again, I took these, you know, from the Airbnb site.

Similar wording

But this is where the, you know, where the new target is on South Broad Street in Washington.

Similar wording

There's an Airbnb there.

Similar wording

There's Airbnbs in the Marine Club as well.

Similar wording

So not uncommon.

Similar wording

And then here's our listing.

Similar wording

You know, we have stellar reviews. My client takes it very seriously. He actually stays many nights there. Not many. He probably stays there when he when, you know, there are events in downtown that he goes to or, you know, maybe at the stadiums.

Similar wording

He probably does like maybe seven nights. I think he said maybe seven nights and maybe he affirmed that he only does so many nights a month to just basically pay the mortgage and the condo fees of Airbnb use.

Similar wording

So it's not overusing the property, but regardless, there's no effect on the community because this is an enclosed condominium building where people have off-street parking.

Similar wording

And, you know, again, just having that letter of support shows that he's not causing a nuisance within his own condominium.

Similar wording

And then the reviews are, again, we just took off of Airbnb.

Similar wording

You know, they're very good.

Similar wording

and then maps of the area here um we're not in the heart of a residential property we're

Similar wording

we're on south broad street and there's only in this property is i too

Similar wording

so um not that that should matter um but i think it does

Similar wording

and the interior photos from you know from the airbnb website

Similar wording

and then photographs of of the uh the marine club building

Similar wording

and then proof of you know posting for that uh for today's hearing

Similar wording

and then perspectives from both south broad street and washington have

Similar wording

and then there's some accommodations within the marine club

Similar wording

and then again simple drawings it's you know it's it's you know a simple floor

Similar wording

It's, you know, a simple floor plan. You walk in, you have two closets, you have a bathroom, you have a kitchen, you have a living room, and you have a sleeping quarters.

Similar wording

point you walk in you have two closets you have a bathroom you have a kitchen

Similar wording

And then again, it really was not that well attended the meeting, but the one person who did show up was in support of it, but we had it March 19th, which I believe was last week.

Similar wording

598 addresses were notified to that meeting list of the addresses that received notification

Similar wording

of that of that community meeting

Similar wording

and then proof of mailing

Similar wording

and there are applications for appeal

Similar wording

on Mr. Milano's behalf, along with the deed to the property, and then a certificate of

Similar wording

tax clearance.

Similar wording

I would ask that Mr. Milano, if he's still in the virtual audience, virtually raise his

Similar wording

hand.

Similar wording

He's been allowed to speak.

Similar wording

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

Similar wording

david milano d-a-v-i-d m-i-l-a-n-o do you swear affirm to tell the truth the whole truth nothing

Similar wording

but the truth yes i do please proceed counsel uh mr milano you had every you heard everything i had

Similar wording

to state today yes about your zoning matter is it true and correct yes and do you adopt

Similar wording

as your own testimony yes and then by the way the couple one question you know you live near

Similar wording

near the property like you live closer to the stadiums but you don't live far from it right

Similar wording

correct and then just to confirm you probably rent this property on average six to seven nights

Similar wording

a month is that correct correct and that's just paid your mortgage and your condo fees right

Similar wording

yes correct and then you're also a super host meaning that you know you get because of the

Similar wording

good reviews you get you get a special designation right correct yes thank you questions from the

Similar wording

board no mr chairman questions or comments from our attorney

Similar wording

questions or comments from the virtual audience

Similar wording

yes i have a hand up from a peter zutter i have allowed them to speak sir okay

Similar wording

hi sir could you please state your name and spell for the court stenographer

Similar wording

uh yes can you hear me yes i can yes okay my name is peter zutter p-e-t-e-r zutter z-u-t-t-e-r

Similar wording

all right do you swear or firm to tell the truth the whole truth and nothing but the truth

Similar wording

I do. Are you a neighbor? I live about three blocks away. I'm also president of the South

Similar wording

Broad Street Neighborhood Association. Please proceed. I live 40 South Broad Street.

Similar wording

Certainly, you don't have to tell me. That's fine. Please proceed.

Similar wording

So, yeah, we were at that meeting and I hope there wasn't miscommunication. When we asked

Similar wording

for the letter from the condo association, it was not like a definite approval. And we have a lot of

Similar wording

concerns about these Airbnbs that are popping up. We have a lot of them that are popping up on South

Similar wording

Broad Street that are not legal. And we are just concerned that if we open the door to legalize

Similar wording

this in a facility like the Marine Club, where there are several hundred apartments that we're

Similar wording

going to have more and more of these popping up and it's going to amount to a somewhat disorganized

Similar wording

hotel. And our concern would be that not all of the applicants would maintain their properties

Similar wording

as well as the owner of this unit. It's also, we did not have the information about either the

Similar wording

letter from the condo board or the little excerpt from the condo documents at our meeting. I don't

Similar wording

know that it would have changed our mind because the other concerns are rather significant, but if

Similar wording

you look at 7.1a and about two-thirds of the way through there, it says no residential unit owner

Similar wording

shall permit his unit to be used or occupied for any prohibited purpose, nor may they seek a variance

Similar wording

to permit such use. Now, I'm not an attorney. I don't know how much power a condo association

Similar wording

president has, but it does say in there that the owners of the units are not allowed to apply for

Similar wording

a variance. And I would kind of think that that takes precedence over a letter from the

Similar wording

uh condo uh chairperson um and this was the first two i don't recall hearing anything

Similar wording

And this was the first, too. I don't recall hearing anything about a three-year temporary license. I don't know if that would make it more palatable, but that's the first that we were hearing about that was at today's hearing. So, thank you.

Similar wording

about a three-year temporary license

Similar wording

can i just respond to you can't you go ahead go ahead sure yeah so we we can't seek a variance

Similar wording

for the prohibited use within the con within the condo building itself so airbnbs are not

Similar wording

a prohibited use within the condo building itself that's that's what the language is stating not

Similar wording

that you know we can't seek a variance at all um anyone else in the virtual audience

Similar wording

zoning codes. Anyone else in the virtual audience?

Similar wording

No further

Similar wording

hands, Mr. Chair. Planning Commission.

Similar wording

Ron Bednar, City Planning. The adopted

Similar wording

City Comprehensive Plan recommended a change

Similar wording

from existing zoning to CMX3,

Similar wording

commercial mixed use of dislocation. Under that

Similar wording

recommendation, recommended zoning, the

Similar wording

proposed use would be permitted by right.

Similar wording

Planning Commission recommends the board grant interference.

Similar wording

MI 2024, 000310, 1100 South Broad Street, Unit 303C, I vote yes.

Similar wording

Temporary variance expires 327-27.

Similar wording

Thomas Holliman, my vote is yes with proviso.

Similar wording

James Snell, my vote is yes with proviso.

Similar wording

Ishmael Shaheen, my baby's yes list, the proviso.

Similar wording

Is there anyone in the, thank you, counsel, by the way.

Similar wording

Is there anyone in the audience from the 2 p.m. list whose case has not been called?

Similar wording

All right, we're going to take a five-minute break.

Similar wording

Okay, we're going to take a five-minute break.

Similar wording

We're going to come right back and finish up.

Similar wording

Thank you, Chair.

Similar wording

Good afternoon.

Similar wording

My name is Bill Berger.

Similar wording

Good afternoon. My name is Bill Bergman, and I will be chairing this evening's EBA hearings. With me is our Vice Chair, Ismail Shahid.

Similar wording

President, Mr. Chairman.

Similar wording

Our Board Member, Thomas Holloman.

Similar wording

President, Mr. Chairman.

Similar wording

Our Attorney, Ryan McChurray, is with us, and also our Executive Director, Tanya Sunken. Here's our virtual format.

Similar wording

Be advised the proceedings are being recorded. A video will be available by contacting

Similar wording

tanyasunket at phil.gov. For the benefit of our court stenographer, we ask attorneys and

Similar wording

witnesses to identify themselves before testifying. If you're participating by phone and you wish to

Similar wording

testify, press star 9 to raise your hand and star 6 to unmute. To enter the appearance statement,

Similar wording

call 267-270-5548. Leave your email and the address and the address of the property in

Similar wording

question. And finally, the question answer box on the screen is now for comments or testimony.

Similar wording

All comments should be directed to our executive director, Tanya Sunken. Let's look at our schedule

Similar wording

for this evening. Number three, MI-2023-002-401-1941-North 32nd Street. That case is continued.

Similar wording

Number seven, MI 2023-006-399-5044 Westminster Avenue.

Similar wording

That case is continued.

Similar wording

And number eight, MI 2023-002-377-2655 South Hutchinson Street.

Similar wording

that case was continued earlier are there any other requests for continuances

Similar wording

good afternoon mr chair this is jason hand again i will be your co-host for the session

Similar wording

okay i do not see any hands raised for further continuances okay thank you and number two mi

Similar wording

MI 2023-002-366-2251 South 23rd Street.

Similar wording

We have no exhibits.

Similar wording

This is the second listing.

Similar wording

There are no hands for that matter, sir.

Similar wording

Dennis and Barbara Prater, the owners.

Similar wording

Okay, so that case, MI-2023-002-366-2251 South 23rd Street, that case is continued.

Similar wording

Mark must be heard.

Similar wording

We're going to go to our list. Number one, MI 2023-006-398-1301 North 52nd Street. Bruce Harmon is the owner applicant. The application is for a takeout restaurant on the first floor of an existing structure with other existing uses in the same structure as previously approved.

Similar wording

We're going to go to our list.

Similar wording

Number one, MI-2023-002-366-2251 South 23rd Street.

Similar wording

The proposed use takeout restaurant requires special exception approval in the CMX-2 zoning district.

Similar wording

Mr. Bruce Harmon.

Similar wording

Mr. Harmon will be rejoining as a panelist, sir.

Similar wording

Thank you.

Similar wording

Mr. Harmon?

Similar wording

Hold on to him.

Similar wording

I'm having some difficulty promoting him.

Similar wording

Okay.

Similar wording

Coming back in as a panelist.

Similar wording

Thank you.

Similar wording

mr harman uh yes sorry could you i'm sure could mr harman could you state your name

Similar wording

and spell for the court stenographer bruce b-r-u-c-e harman h-a-r-m-o-n do you swear

Similar wording

affirm to tell the truth the whole truth nothing but the truth yes i do could you please turn your

Similar wording

video one okay our our uh our vice chair is uh going to ask you a few questions

Similar wording

good afternoon mr harman uh have you emailed in all the required documents and exhibits that

Similar wording

are needed to proceed with this case probably in advance of this hearing yes i have thank you can

Similar wording

Please share your screen and you can proceed.

Similar wording

Let me apologize because of my ignorance and lack of due diligence of the virtual format.

Similar wording

I am not prepared.

Similar wording

I do not have exhibitions.

Similar wording

The last time I came out, did this, I came in, I guess, when you had the court live.

Similar wording