Board members, the comprehensive plan recommends no change to the existing RM1 multifamily zoning at this location.
For use variances, we're typically looking for evidence that the proposed variance is necessary to enable viable economic use of the property.
We don't believe that the appellant has shown that in this case, and we don't believe that there are unique physical conditions that prevent this property from being used as a single-family dwelling.
City Planning Commission recommends that the board deny the variance.
MI-2022-004-564-412 Bamer Street, number I, I vote yes with proviso. Use limited to unit I
and temporary variance expires 2-1-25. Thomas Hallowin, my vote is yes with proviso.
James Snell my vote is yes with proviso
Ishmael Shahi my vote is yes with proviso
Thank you sir
Thank you very much Mr. Chairman and members of the board may be excused
Yes you can thank you
Number 8
MI 2022
004 551
6232 Pine Street
Olof Sokoloff is the attorney. Letter of non-opposition from Third Ward Executive RCO.
Also, there's two foreign letters of support.
Mr. Sokoloff.
Yes, good morning. Am I able to be seen and heard?
We hear you. We don't see you yet, sir.
Okay, it's telling me my video is on.
Okay, so state your name and spell for the court reporter, please.
Sure, it's Oleg Sokolov, Rabinovich Sokolov.
I'm sorry, Oleg, O-L-E-G, Sokolov, S-O-K-O-L-O-V.
Rabinovich Sokolov Law Group, 1700 Market Street, Philadelphia, PA, 19103.
Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
I do, Chair.
Could you identify your client and relationship to the property?
Yes. The actual entity that owns the property is the ENJ Enterprises LLC. A Mr. E. Manow
SIPO is on the line as member and representative of the entity.
All right. Our vice chair has a few questions for you, sir.
Hi, Mr. Shahid.
Good morning, counsel.
Good morning.
Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?
All right. Thank you. Have you emailed all of the exhibits that were required to hear this case five days in advance of this hearing?
I do. However, admittedly, the RCO letter was only received over the weekend.
So that was added as a supplement on this Monday.
uh this monday i believe i believe we we received it as well um please proceed and share your screen
I believe we received it as well.
thank you
are the exhibits visible yes okay wonderful uh i'll quickly take the members of the board
through the exhibits here is the refusal the property is located in rm1 district which
much like the previous applicant and proposal also precludes the use for visitor accommodation
this property this request is for a visitor accommodation permit so as to use the property
as a short-term rental the property was also purchased prior to the institution of the
new regulations regarding short-term rentals and the requirement for visitor accommodation
application permit to be issued for such. Here is a deed of the property from 2021.
Our tax clearance certificate.
Photo of the exterior of the property.
The location of the property within the RM1 zoning district. It's,
as everyone can imagine, between 62nd and 63rd Street on Pine.
our project information sheet.
There is no construction and no addition being requested.
This is a request to legalize a previously existing use.
The applicant has been using this property
for visitor accommodation or as an Airbnb
prior to the institution of this new regulation.
Here's our application for appeal.
I'll quickly take us through our certificates of mailing.
Zoning poster placed at the property, zoning poster placed within the property, a letter
of support from a nearby neighbor and an additional letter of support from a nearby neighbor.
we held our rco meeting on december 12th and here is the letter which we previously discussed
and quickly some pictures from the actual listing of the property
exterior deck living room
At this time, I'd just like to quickly call Mr. E. Manow Sipo to adopt my testimony or
add anything. Mr. Sipo, can you just raise your hand down at the bottom?
Sir, you're free to speak. Please unmute yourself.
Hi. Please state your name and spell it, please, for the court reporter.
Yes. First name is Emano, capital E, period, space, capital M, as in Mary, A, N, as in Nancy, O, W.
Last name is Seapo, S-E-A-P-O-E.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, counsel.
Thank you. Good morning, Mr. Seapo.
Good morning.
Mr. Seapo, you were on the line and heard my testimony, correct?
Okay. And do you agree with my testimony and adopt it as your own?
Is there anything you would like to add and make the board aware of?
Yes. Just want to emphasize that short-term renting is secondary to the purpose of this home.
I frequent Philadelphia once a month to visit my son that lives at 50th and Walnut Street,
and I needed this property to be able to comfortably reside in Philly when I visit,
as I do have another son and my wife. And so I just wanted to also add that point.
thank you use this property to all to have your family together in it while you're in
philadelphia correct correct yes thank you thank you mr cedar thank you questions from the board
no mr chairman no mr chairman
questions or comments from the virtual audience
i see no handshare planning commission thank you chair bergman ian hegarty for the philadelphia
City Planning Commission. Board members, the comprehensive plan recommends a zoning map
amendment from RM1 to RSA5 at this location. I just want to clarify for the board that Bill
200-081 that's been referenced here did not change the basic rule prohibiting
full-time use of a dwelling unit as a short-term rental. Doing so has been illegal.
Full-time use of a dwelling unit as a short-term rental. Doing so has been illegal since the first short-term rental zoning regulations became effective in 2012.
The only new regulation that became effective last year was that to require a license, which requires the owner to show that the use is legally permitted.
Again, in this case, the proposed variance, it's not clear from the appellant's presentation
that it's necessary to enable viable economic use of this single-family dwelling, and there
do not appear to be any unusual physical conditions that limit the property's use as a single-family
dwelling, and so we don't believe that there's a valid hardship claim here.
We recommend that the Board deny the variance.
Thank you. MI-2022, 004-551-6232 Pine Street, I vote yes with proviso. Temporary variance expires 2-1-26.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Ishmael Shahid, my vote is yes with proviso.
okay number 11 thank you council number 11 mi 2022 005 932 217 to 53 north 9th street
jared klein is the attorney letter of support from the philadelphia chinatown development
Corporation, letter of non-opposition from Council Member Squilla, CDR required and completed.
Good morning, Mr. Chair, members of the board. Jared Klein, it's J-A-R-E-D, last name K-L-E-I-N,
from Black Rome, 130 North 18th Street. All right. Do you swear or affirm to tell the truth,
the whole truth, nothing but the truth? Yes, I do. Could you identify your client in relationship
to the property certainly my client is uh 800 vine senior housing which is an affiliate of
penrose development okay our vice chair has a few questions good morning counsel do you agree to
waive the reading of the refusal and stipulate to his act good morning sir yes i do have you
emailed all the exhibits that are required to proceed with this case today five days in advance
of this hearing. Yes. Thank you. Please share your screen and proceed. Thank you very much.
So we're here for 217 to 53 North 9th Street. As you can see from the refusal, the proposal
is for 51 senior affordable dwelling units. This is going to be age-restricted and income-restricted
housing for low-income seniors who would like to age in place in the city of Philadelphia.
The refusals that we received focused mostly on the parking because this is a challenging site
in terms of its configuration and location. But as you'll see as I go through this, we have
support from all the relevant entities and do not think particularly with a senior living building
that an influx of cars will be an issue due both to the location and the demographic of the residents.
And just to orient the board, this is our location here.
There is, as you can see, it's currently a parking lot with next to the 676 Expressway.
There have been a number of development proposals that have come forward for this site.
But again, due to the challenging location, none of them have been built.
But we are optimistic that this one will proceed to completion.
Just to give some context, here's the neighborhood maps to give the board a sense of where this project site is, and contextual photos of the immediate surrounding area.
Again, just basically an open parking lot at this site.
Photos of posting on the various corners of the property on the fencing, and a view from the site taken from the sidewalk.
This is our site plan. Again, it's just going to be a single structure on this lot.
This is the proposed aerial view or rendering of what the building will look like in context
once it's completed. And there are a variety of landscaping and site design plans that were
included in our CDR packet that I'm sharing with the board now just for some additional context.
General floor plans of the building. There will be a mix of units. There's a studio,
one, two bedrooms, and then a trash room and a mech room on each of the floors.
And some renderings on what the building will look like when complete.
Views from the various courtyards. Views from 9th and Spring Street and from the adjacent lot.
Views from 9th and Spring Street and from the adjacent lot.
And some elevation views, again, to give the board context on what is proposed to be constructed here.
As I was joining the meeting, I thought I heard the chair reference a letter of support.
We did meet with the Philadelphia Chinatown Development Corporation.
Their letter of support is here before you.
I believe Councilman Squilla also sent a letter of non-opposition for the board's file.
And as I heard the chair note, we did complete the CDR process, and their letter of noting completion is also in the packet.
I would like to ask Lindsay Sampsey if she could raise her virtual hands so she might adopt my testimony.
Hi, could you state your name and spell it, please, for the court reporter?
Sure. Good morning, everyone. Lindsay Sampsey, L-I-N-D-S-E-Y, last name S-A-M-S-I.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed.
Thank you.
Lindsay, did you have a chance to listen to my presentation this morning?
Yes, I have.
And do you adopt my statements as true, correct, and your own testimony if you've been given a more fulsome chance to speak?
Yes, I do.
Thank you.
We have Ms. Sampson available for any questions, Mr. Chair.
Questions from the board?
No, Mr. Chairman.
No, Mr. Chairman.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman, Ian Hegarty for the Philadelphia City Planning Commission.
The proposal here completed Civic Design Review in December 2022. Just wanted to note, as I always
do, Civic Design Review Committee's recommendations are not an expression of the recommendation
regarding the zoning variance.
In this case, the comprehensive plan recommends no change
to the existing CMX-4 zoning.
The proposed variances here are minimal
and do not conflict with the purpose and spirit of the zoning code.
We therefore recommend that the zoning board grant the variances.
Thank you.
MI 2022-005-932-217-53 North 9th Street.
I vote yes.
James Snell, my vote is yes.
Ishmael Shaheed, my vote is yes.
Thomas Holloman, my vote is yes.
Thank you, counsel.
Thank you. Enjoy the rest of your day.
Okay, thank you.
Number 12, MI 2022-004561, 100 East Galwin Street.
Kate Geller is the owner applicant.
Letter of support from East Mount Airy Neighbors with the proviso for a three-year temporary
variance.
Ms. Geller.
Yes, I'm right here.
Hi, could you state your name, please, and spell for the court reporter?
Yes, my name is Kate Geller, K-A-T-E-G-A-L-E-R.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
All right.
So this application is for visitor's accommodation and existing structure.
The proposed use visitor accommodation is prohibited in the RSA 2 zoning district.