as i wish it didn't that's what it does allow so um i just wanted to make sure that that was
absolutely clear thank you thank you is there anyone else jace
no further hands mr chair planning commission
oh oh come on come on up wait we have someone here come on up yes i believe my client had
wanted to respond to some other comments so there's a there's another oh okay wants to testify
come on take a seat
I apologize.
Take a seat.
All right, and if you would, pull the mic close to you and turn it on.
See the green button?
All right.
Could you state your name and spell it for the stenographer?
Yvette Young, Y-V-E-T-T-E-Y-O-U-N-G.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Are you a neighbor?
All right, please proceed then.
I just seeing the situation my concern for the residents there is when you build a three-story
structure between two two-story structures you're now blocking the sunlight that those
residents would typically be receiving so not only does it look strange which I've seen
in a lot of cases around the city we're changing uh neighborhoods in a manner that is not
historically the way that those neighborhoods were built and it does look odd all right thank
thank you very much for taking the time we appreciate it um joe do you want to make a
statement uh i believe my client wanted to just address a couple of the things that were were
said he had his hand he had his hand up he can speak briefly and then i'll rest yeah just quick
I know there was a comment made by Michelle that this was a garden or perennials, and it was never a garden.
I have pictures before when we took down a 600-foot tree, and it was fully overgrown.
I have pictures that were submitted as an exhibit.
You should have them there, but this was never a garden at all.
So, Mark, is your testimony that the garden issue was something that was sort of manufactured after the fact?
Correct.
correct the fence was always that white fence but the part of it had like a swing gate so you
could go in there um we replaced that in the last month because michelle did start planning
starting the plant when the rto notifications went out so we did put the fence up to secure it but
no this i have pictures there was a monster tree there that was a a nuisance and and uh could have
fell on somebody's house that we took down it was fully fully overgrown and i submitted them to the
zba uh calendar as exhibits too and i can send them to joe to share on a screen if you need them
okay i just have one quick question and can i ask one quick question to the uh to the attorney
this is a privately held lot correct correct though it's not a publicly it's not public land
right correct and it goes from property to property correct structure to structure if you
were to do a side yard on each side how much width would you have to build something you would
I mean, if you were to do the minimum, you'd be down to 12 feet total.
It's 20 feet now.
So bottom line, you could barely build something if you did any kind of setback.
But the fact that...
You would not be able to build a house as wide as any of the other homes on the street.
And 12 feet is extremely small and not livable.
so basically this is it would be a hardship to try to do anything other than kind of what you're
doing absolutely and here's the here's the old tree photo as well is that right mark or is that
is that a different tree yes that's a three i have i have actual pictures from my tree guy before he
removed it of the lot and it was uh you know very very overgrown there there was not one flower in
that in that yard behind that fence thank you mark planning commission amy boyd with the planning
commission the comprehensive plan recommends no change in zoning at this location to the rsa3
residential single family there are properties on this block that contain side yards where others
do not the appellant has demonstrated that the narrowness of the lot presents unique side
constraints for fully complying with the zoning code for side yard setback however the proposed
deviation from the code is not the least minimum the planning commission recommends that the board
grant their requested variance for no side yard with proviso minimum five foot set back
okay um mr council we're going to hold this vote for two weeks we're going to vote on it wednesday
two weeks from now at 2 p.m understood thank you thank you for your presentation
have a good day everyone thank you bye thank you
MI-2025-003-971-1920-4036.
Excuse me, Chair.
There was a request to hear matter number seven on the earlier side.
Pounds?
Yes, I believe Mr. Goldberg, I think, had a conflict this evening.
So I think that request.
And now you'll hear the rest of them together, right?
All right.
okay all right
All right.
thank you so number seven mi2025 004043 1128 mount vernon street
alms goldberg is the attorney um mr goldberg could you state your name as
spelled for the stenographer a-l-e-x-g-o-l-d-b-e-r-g right do you
swear or affirm to tell the truth the whole truth nothing but the truth
i do could you identify your client the relationship to the property
Sure. My client is Lee Tereshuk. She's in the virtual audience. She's the owner of the property.
Okay. Our vice chair has a few questions.
Good afternoon. Have you emailed your documents five days in advance of this hearing?
I have.
And do you waive the refusal and stipulate to its accuracy?
I think there's one inaccuracy, very minor.
um there's no reference to the existing single family living that shares the building with the
visitor accommodations i think the refusals are correct but in the description i think that should
be referenced thank you at the 14th community organization rco uh 16 in support um one
opposition and a letter of non-opposition from council member young and applicant also has 26
signatures from neighbors 19 from the block that's right thank you okay um so my client
lee tarishuk was before the board in 2022 where she got approval for this same variance
nothing has changed here that variance is set to expire in on december 1st of this year
of course we respect the the process and we understand the reasons why a you need a variance
for this type of use and b why they're given on a temporary basis i think in this specific case
this is a textbook uh you know good operator who has had no complaints from her near neighbors
she got letters of support both times through this process uh but you know the variance is
set to expire after the third year and we're here again um so i know the board has changed over but
much of the information is the same here's our notice of refusal um again that that variance in
2022 is set to expire december 1st 2025 for visitor accommodations and lee lives in the first
floor uh and this visitor accommodations unit is on the second and third floor same building so she
owns and manages the property it's one unit yeah so it's a two-unit building right like she lives
on the ground floor she has a two-unit rental license even though technically she's one of her
own tenants um and has you know great relationships with the neighbors here's the most recent letter
of support that references 16 to 1 uh that there were near neighbors uh on mount vernon who voted
in support at the meeting and that while they typically don't support these types of things
they this owner has operated for three years without complaints and no one has reported any
issues. Here's the meeting summary letter. This is the letter from 2022, actually a different RCO
that said similar things and that they're in support and they trusted her at the time. And
I think she's really made good on that olive branch that the RCO made to her. This is that
notice of decision. And here's a two-unit rental license that she has.
Petition, as you referenced, Mr. Chairman, 26 signatures, many of which from Mount Vernon Street.
She has a good relationship with the neighbors.
She told me she also has a good relationship with the sanitation workers on her block.
Very kind lady.
You'll hear her adopt my testimony if you have any questions for her.
There are other Airbnbs nearby in this part of Philadelphia.
She's not the only one in close proximity.
Here's a zoning map.
This is an RSA-5 property that legally has two units.
Here's the photos. This is street to street. You'll see parking in the rear, not accessible
by the guests. Here's the posting on both facades to the right of the property on Mount Vernon and
to the left. And then Clay Street is the rear street behind her. Interior photos. So again,
second and third floor, there's sort of a sunroom up there. There's a roof deck. There's actually a
sauna in there. There's nice amenities. She really takes personal enjoyment out of the people
that she meets that stay with her. Designed for four to six guests at a time. She does have some
longer term bookings like two to three months that signed an additional rental agreement. She's got
284 reviews, 4.96 stars. Here are some of those. There you go. 4.96 guest favorite. She has quiet
hours no parties no smoking no pets and you know generally has been an asset to the community here
and, you know, generally has been an asset to the community.
Here's very basic plans.
The owner's apartment is here on the first floor,
accessed through a common vestibule.
You go up the stairs, you have a bedroom and a bathroom
with kitchen and dining on the second floor,
and then upstairs you have more living spaces
and like a large balcony, but considered a roof deck
and another bedroom there as well.
Here's the meeting notice.
We met with the RCO in October.
Mailing certificates, application for appeal, and tax deed and tax clearance.
And the one thing I'd ask the board to consider before I call my client on to adopt my testimony
is possibly four to five years, but we deferred to the board.
Why don't you bring your client on?
Lee, if you could raise your virtual hand.
Can you hear me?
We can.
Hi, could you please state your name and spell for this letter?
My name is Lee Terechchuk, L-E-E-T-E-R-E-S-C-H-U-K.
Do you swear or affirm the tell the truth, the whole truth, nothing but the truth?
Could you turn your video on?
Could you turn your video on?
Turn the video on.
What do I do?
Okay, why don't we start the testimony, Counselor?
hi lee did you hear my testimony today yes i do and was it true and correct yes do you adopt it
as your own yes is there anything else that you'd like to share with the board today about your um
your short-term uh your visitor accommodation oh i really appreciate my neighborhood um
If my neighborhood is not safe, actually, even the zoning, my guests will not appear.
My guests come from Six Continental, even come from Israel, North Europe.
So it's not only exposed for Philadelphia, it's also for USA.
Most of my guests worry about safety.
so I really want to show appreciation
my neighborhood has been
even better than before
and my guests they feel safe
so I just
want the board to know
besides you approve I also want you
to show appreciation how
Philadelphia has improved
and then my neighborhood
be safe for all my
guests because their safety
is my first priority
okay thank you very much
Questions from the board?
Questions from our attorney?
No, Chair.
Questions or comments from this audience or the virtual audience?
Planning Commission?
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change to the RSA 5 residential single-family zoning at this location.
the appellant has not demonstrated that there are unique physical conditions or circumstances
of the property that would prevent it from being used in conformance at the zoning code
the planning commission recommends that the board deny their requested variance for visitor
accommodation mi-2025-004-043-1128 mount vernon street i vote yes with proviso temporary variance
which expires 12-1-2029.
Michael Johns, my vote is yes with proviso.
What is it with existing?
I mean, maybe just proviso that it's limited to the...
Proviso limited to the second and third floor.
Michael Johns, my vote.
So is it this three years,