civus
Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

based upon there being a zoning permit and building and other building permits, construction permits, and started work based upon the same.

Similar wording

And I guess some neighbors complained to L&I. L&I came down and said, your permits are no longer valid because he purchased it in the 20s.

Similar wording

And it had been more than so many years since there had been activity there.

Similar wording

And L&I deemed those permits from 2015 to have been expired.

Similar wording

now whether and that's the permit again that converted the ground floor the additional ground

Similar wording

the ground floor and the additional two units so when my client and you can hear his testimony but

Similar wording

to quickly summarize and you can adopt this is that he came in there were two units on the second two

Similar wording

units on the third and there had already been framing started at the ground floor to convert

Similar wording

the ground floor into two units and that's where he came in so he then continued to do the work to

Similar wording

renovate the property he was already doing some floor on the ground floor and and i have interior

Similar wording

photos like from when they went in the upper floors weren't in great shape the roof was damaged

Similar wording

he repaired the roof so elements were getting in through the roof elements were getting it through

Similar wording

the windows he put in all new windows he put in a new roof to make it weather tight but there he was

Similar wording

also going to have to repair the upper floors and i have the contractor who was doing the work here

Similar wording

as well so so again like i think it's very important here to set that table and understand

Similar wording

that you know what my client what happened what my client walked into and he walked into a building

Similar wording

that was not in great shape but four units on the upper floors and a ground floor that was

Similar wording

under construction but just so i'm clear but the building was an rsa3 it was an rsa3 but it had

Similar wording

been and then in the past i'd have to look at the zoning archives obviously would have been something

Similar wording

else like R9 or R9A, but it had been a variance. And the case law is clear. I mean, and I didn't

Similar wording

brief it, but if I need to brief it, I will. I briefed it and presented to this board in the

Similar wording

past. This issue comes up very often where somebody buys a property and they think it's

Similar wording

And they think it's 3 units and it's set up as 3 units and maybe, and they can't find any records and they can't, and they can't get a, um, and they can't get a rental license. Right?

Similar wording

three units and it's set up as three units and

Similar wording

So, sometimes we have to, or maybe there was a permit that was issued and people are saying it was abandoned or discontinued. And the case law is clear in Pennsylvania. It's a 2 prong test.

Similar wording

It's there is an intention to abandon an actual abandonment and here and not using the property is not.

Similar wording

abandonment. There's cases that talk about banks taking properties at foreclosure and

Similar wording

rental properties, apartment buildings, and because they're not in the business of renting

Similar wording

and managing properties, they sit vacant until they sell it to somebody who then, it doesn't

Similar wording

mean that any variances or approvals from before laps. Yeah, but it's vacant as an RSA, right?

Similar wording

No, so it's still RSA 5, but the four units were never abandoned. So the earlier variances

Similar wording

that predate the 2015, that go all the way back to the 50s.

Similar wording

It's our position that those variances were still intact

Similar wording

and that this property remained approved for four units at the second and third floor.

Similar wording

The question is, the permit, the variance that was granted to replace the ground floor daycare,

Similar wording

that lapsed by its own definition because the L&I said that they started construction.

Similar wording

but then i think so if you're going to argue that the the refusal is incorrect then we need

Similar wording

to have because the refusal says this is for multi-family household living six dwelling units

Similar wording

it doesn't differentiate between a prior approval for four and then two additional so if you were

Similar wording

going to make the argument that there's an error on the refusal then we need to have the city here

Similar wording

um a representative an attorney from the city to represent ellen i think what i'm saying is when

Similar wording

When he came back, it's still an RSA-5, right?

Similar wording

Right, but just because it's RSA-5, if it still has a valid variance for the four units, that doesn't change anything.

Similar wording

Well, apparently, LNI, at least on the face of the refusal, doesn't seem to believe so because it said you need a variance for six dwelling units.

Similar wording

I've never seen them when I add units, distinguish or differentiate.

Similar wording

They do.

Similar wording

I've not had them.

Similar wording

No, they're saying you need entirely new variance.

Similar wording

They clearly considered this. I mean, you couldn't go get a rental license for more than one unit at this property, I'm sure. So I think if they, and especially if they didn't let you have, you know, your building permits and whatnot, it seems like L&I deemed that the variance had lapsed on this property and perhaps the prior approvals, they may have been non-conforming.

Similar wording

they may have considered them abandoned, but according to the refusal, what's being requested

Similar wording

is six dwelling units at this property. So the building permit though is for an additional two.

Similar wording

So, and if you look at the zoning permit that was issued in 2015, it says six units. Right,

Similar wording

but it differentiates between the two additional units and the four units that were there. Not in

Similar wording

the permit language. Well, some of the information that I saw was very clear in like the application

Similar wording

that it was adding two additional units, but L&I for this particular application, L&I is saying

Similar wording

that you need a variance for all six units, and if you were to contest that, then we need to bring

Similar wording

the city in to discuss that. Because that's interesting, because I talked to the examiner

Similar wording

about this whole situation, and he never said anything about that, so. Well, I'm just saying

Similar wording

what's the paperwork say? I mean, the paperwork we have right now is what I'm saying. Well, it says

Similar wording

six but this but the zoning but here's the thing the zoning permit in 2015 said six but the building

Similar wording

permit was only for two so my point is that it's clear that that variance was you yeah answer

Similar wording

hillary's point yeah if you want to contend where where you are then we need to have the city come in

Similar wording

Thank you.

Similar wording

I mean, I, I think I didn't put in the application again, so I didn't put in the application. So I don't even know what the language on the actual application was like, whether they said 6 units or whether they distinguish the 4 and 2, um, most people don't when they do it online.

Similar wording

I upload an actual application. So you have something written. They put in the dialog box

Similar wording

and once you hit submit, you never see it again. But Ellen, I might be able to pull it up on Eclipse

Similar wording

But Ellen, I might be able to pull it up on Eclipse and see what that dialogue box was. And that might answer whether or not I even want to go forward with this underlying permit application and instead submit a new one that properly details the history here.

Similar wording

and see what that dialog box was.

Similar wording

okay i can tell you by looking at eclipse what was written in the description box by the applicant i

Similar wording

have to cross-reference this is the one the only one that's open um it says six family dwelling

Similar wording

multi-family dwelling in an existing structure zoning had been previously approved for the same

Similar wording

purpose i can see why somebody would without the background would write that but knowing what we

Similar wording

know i think that that's not accurate so then we may have to amend the application well you

Similar wording

You can you can try to amend it, but I don't know if Ellen, I would agree whether we're allowed to say because they may not agree with you that that that prior use was still in effect of the four units.

Similar wording

So I I can't. Okay, I understand. Yeah, I'm just going with what's on the refusal again.

Similar wording

I don't have access to that information, but our position is what I've stated once once like again, seeing the zoning permits and whatever.

Similar wording

So. So, Hillary, we could do a resumptive hearing for this. I've got to. David, you want to do you want to challenge the refusal? Well, I think now, like, if that's the interpretation, again, I have a different interpretation of it. But if that's your interpretation, then I think I'm going to I'm going to challenge it. Yes. And then I think but I think in the meantime, I think I need to talk to L&I as well and see what what the hell, even though it's written up that way, how

Similar wording

they're interpreting it because that might it starts as a challenge but then len and i can have

Similar wording

a conversation with lni and there's a chance that it may resolve well i mean you're still gonna you're

Similar wording

gonna still need you're gonna need a variance regardless whether you need six or you're asking

Similar wording

for two additions there's no doubt about that correct so um so so in the refusal that was

Similar wording

issued in 2015 or 2014 sorry for the 2015 case it says application is for increase in total number

Similar wording

of dwelling from four family to total six family dwelling, multifamily dwelling in an existing

Similar wording

structure. So that's what that refusal says. This refusal says for multifamily, six dwelling units.

Similar wording

So if you want to challenge that, then I do suggest a resumption and we'll ask

Similar wording

L&I's attorney to get involved. Okay. All right. And I guess I can also speak to the examiner and

Similar wording

see if he understanding it, he may change the wording of his refusal to correct it.

Similar wording

It's possible. I don't know that. Yeah. I mean, you can, you can ask.

Similar wording

they already corrected for the parking so i mean which was missed which i had them do you have that

Similar wording

refusal because i wasn't able to get that so apparently there's another refusal for this one

Similar wording

remember we added the remember we you and i both saw that the parking should have been included

Similar wording

lack of parking for the number of units right no i understand i understand that it's weird because

Similar wording

what happened is once the notice the decision i think was issued denying the appeal apparently

Similar wording

we can't get in and download uh the appeal or the decision that's the notice letter okay because i

Similar wording

andrew told me he changed it he didn't auto so i only yeah i i don't have a we don't have record

Similar wording

of another refusal being issued in this case i can double check that and i agree that that is missing

Similar wording

because this is an rsa3 all right yeah i mean maybe he changed it but i don't know that another

Similar wording

refusal was was issued i mean it would have only changed that it wouldn't have been okay all right

Similar wording

all right all right so you have to go home rolling so can we do this as part of reconsideration this

Similar wording

is reconsideration of the decision but i raised this point in my reconsideration so i i think we

Similar wording

can because normally we would separate this out but i think because this goes to the extent of

Similar wording

variance that's being requested we need to resolve this question prior to being able to just make a

Similar wording

decision on the merits and it goes also to you know least minimum and hardship and all of that

Similar wording

as well as to what's already there and what's being asked so i think unfortunately it's a

Similar wording

preliminary matter we do need to resolve that if it's being challenged and we i think we can

Similar wording

encompass it as a kind of preliminary issue in the merits of this case otherwise we would normally

Similar wording

separated because i'm still looking at this as a six unit justifying six units so that's that's

Similar wording

where we're coming from so to us we didn't see the distinction as being relevant but maybe by

Similar wording

laying that that groundwork there that that changed things because people were looking i mean the place

Similar wording

was vacant right never had any work done it's been vacant for that doesn't but in the case

Similar wording

i know that i know that but i'm saying maybe ellen i interpreted that a different way and

Similar wording

I don't know how they would know that one way or the other without some information, but then again, I've had these things.

Similar wording

All right. So here's where we are. We're going to have a resumptive hearing on July 7th, 2026 at 930 a.m.

Similar wording

on July 7th, 2026 at 9.30 a.m. And to the people in the back, I apologize. I know you've been here

Similar wording

the whole day. I'm very sorry, but we want to make sure we do this right. Well, if it's possible

Similar wording

that there's a change in the refusal, I wouldn't want you to testify. And then there's new

Similar wording

information and we already took testimony. So I'm very sorry, but we want to make sure we have

Similar wording

everything sorted out correctly so you're testifying on what is exactly before the

Similar wording

board. I can do that in a few moments. July 7, 2026 at 9.38.

Similar wording

I'm sure you take some antihistamines and, you know, when are you going to make settlement?

Similar wording

that. Never mind. Yeah, we'll rest over the weekend. Okay. You a lawyer representing you for that?

Similar wording

Who do you take for that?

Similar wording

You can ask to ask our attorney. Is there is is there anyone from the 330 list case

Similar wording

not been called and i do not see any hands okay and just so everybody knows i want to thank our

Similar wording

planning person here she could have worked from home today and decided to come in she's probably

Similar wording

the only person from planning that came to work today because they're doing work there so we thank

Similar wording

Thank you.

Similar wording