court sonographer. Yes. Good afternoon. Can you
hear me? We can. Please state your name. Okay.
Judith Robertson, J-U-D-I-T-H
R-O-B-I-N-S-O-N.
And I am
Swear to tell the truth, the whole truth and nothing but the truth
Are you in favor of this project?
I don't have a decision regarding that
But I do want to ask about the sanitation plan
That is in the 32nd Ward
And I am former representative emeritus
Of 32nd Ward RCO
I don't remember this process this project coming through in 2016 as to that point I would have been the facilitator of a meeting so I'm just asking about the sanitation plan because we have a major issue with sanitation management and the 32nd Ward.
sure counsel are you able to answer that um so mr uh pain and i have had an opportunity to
discuss this and we we did discuss this with the the rco um mr pain can confirm this but my
understanding is that you know uh tenants would be instructed you know to you know to take trash out
only on trash days as i understand it that you know the first unit would have a um you know would
have a rear backyard for potential storage if needed.
I'll let Mr. Payne speak to that in a little greater detail,
though.
Yes, here.
um uh yes we we talked about it uh the space for the first unit has um yard and um they will be
able to store the trash back there until the potential trash day um will will management
company will
a necessary
need of saying, you know,
letting the tenants know that
trash is only
to be put out on trash day.
that's pretty much it.
Where would the second unit store their trash?
I don't know. Daniel,
does he have anything in there in the planes?
So, there isn't anything in the plans as far as trash storage?
I mean, we could provide bins. I've done it in other cases.
So, you would give them access to the rear yard, like the first unit?
it's possible yes I can
they can get access to the first yard
to the yard to the rear unit to the first unit
are you okay
with making that a proviso
I can't see how you make that
at least
that they can go to somebody else's unit
to get to the basement that kind of doesn't make sense
I think
The issue and the concern is, is there a place within that second floor unit for them to store trash within their unit, a designated trash room until trash day?
Possible trash compactor, garbage disposer, those are items we have discussed in the past.
Even those little closets can get a little funky if they don't have ventilation. So we're very much concerned about that because when people don't have areas, they bring it outside. That's just what happens. And it's been over a decade of us monitoring this process. Thank you.
Thank you, Ms. Robinson.
SO THE PLANS AS CURRENTLY LAID OUT I DON'T BELIEVE IT DOES PROVIDE FOR A PANTRY BUT I DON'T BELIEVE
THEY'RE SO COUNCIL WHAT WE'LL DO IS WE'LL CONTINUE AND GO THROUGH THE REST OF THIS AND HOLD IT BUT WE
WILL NEED SOME KIND OF EXPLANATION ON A TRASH PLANT OKAY BEFORE WE VOTE ON THIS ANY OTHER QUESTIONS FROM
the board? Questions from our attorney, Hillary Emerson?
I think if the board wants additional information about the trash plan, we'll need to conduct
a very brief resumption hearing for that information.
Thank you. Questions from the audience? Any questions from the virtual audience?
no further enhance mr chair thank you mr hand planning commission thank you chair michael gall
with the philadelphia city planning commission again the comprehensive plan recommends no change
to the rsa 5 residential single family zoning at this location there is no unique physical condition
or circumstance of the property that would prevent it from being used in strict conformity with the
zoning code therefore the city planning commission recommends that the board deny the proposed use
variance for two dwelling units council so what we're going to do is we're going to hold the vote
on this um the board is looking for some additional information on the uh trash um storage um for the
community's sake as well um and we'll bring the resumption hearing on april the 2nd at 2 p.m
okay all right thank you you have a good one thank you we're going to take a break
right now for about five minutes and we'll come back and we'll jump into one 3 30 case
and then we'll come right back and jump into the rest of the two o'clock list
Okay, so we're going to just divert off for one second and go to a case from the 330 case.
MI-2024-006214, 7101 Taleb Street.
71-01 Taleb Street.
Zen Jin is attorney for the applicant.
Mr. Chair, they are coming back in as a panelist now.
Thank you, Mr. Henn.
Good afternoon.
Good afternoon, counsel.
Can you please state your name and spell it for the court sonographer?
Yes, my name is Zen Jin, Z-H-E-N.
Last name is J-I-N, on behalf of the applicant.
You swear to tell the truth, the whole truth, and nothing but the truth?
Can you identify your client?
Yes, my client is Marlon Valadez.
He's the owner of the property.
Thank you.
Our board member, Ms. Graham, has a few questions for you.
Good afternoon.
have you emailed all the required documents and exhibits needed to proceed with this case five
days prior to this hearing? Yes, with the exception that the RCO letter was not received by our
office. It might have been submitted directly to the board. Okay, and do you agree to waive the
reading of the refusal and do you stipulate to its accuracy? I do. Okay, thank you.
Thank you. I'm going to share with the board the case information we previously submitted.
Sorry. Can the board see my exhibit on their screen? Yes. Thank you. So we submitted the
copy of the refusal. The RCO's response through a series of emails, since we didn't get the actual
letter, property history, photos, plans, and related documentation. What I want to direct
the board attention to first is that we are requesting the use of the property of the
multifamily of four units and existing structure. It is zoned in an RSA 5 district. This application
came because of a violation that my client was issued to my client from L&I. The L&I
indicated in their violation that my client's property originally was a three-family unit
with a mixed use in addition. When my client purchased the property, he hired a contractor
who advised that actually the records show four units. Therefore, you can just put the basement
unit in, which was done. And that led to the violation. We did meet with the community and
And given their feedback, I think, and I want to make this clear to the board, that we are
not seeking four units before the board today.
The community is not in agreement with the additional uses.
We discussed with them that three units would have been the existing permitted with a mixed
They talked to the neighbors and indicated to me by email, at least, that most likely
the neighbors would ask for two units.
Now, two units will be under what is already in the record permitted for the use of the property.
So we would only ask the board to reaffirm the three units that exist.
And we are willing, my client is willing to take away the basement unit so that there'll be no living in the basement.
But instead of having it as a mixed use, the basement would simply be used for storage.
I'm going to direct the board to the plans to better understand what is going on with this.
Well, actually, before that, let's take a look at the property history real quick.
I just want to let the board see that this property, in fact, was since the 1960s, apparently, by variance, a change to five family dwelling with a housekeeping unit.
And in one way or another, the three units on the upper floor was maintained.
And then the basement was also structured as a unit, which my client renovated, but apparently that was not ultimately what was in the record.
L&I's record seems to indicate that it is still the storefront with three family as the legal use.
And that additional use of five units, for whatever reason, is not what is in the record.
What we have from the property itself, this is a big corner property with this three-story structure.
This is the front of the property, and this is the side of the property.
As you can see, there are some existing decks.
My client actually redid the retaining wall, which triggered its own violation, but it's actually under two feet.
So I believe that violation, we can challenge L&I and resolve.
The property is rather large and is laid out already as multifamily when he purchased it.
The property is rather large and is laid down.
He did do renovations inside, changing the floor, adding new kitchen cabinets so that the property is in good condition and renovated.
However, the key issue here is, of course, the basement unit, which was added in.
So the plans show the additional units.
I'm going to zoom in so it's easier for the board to see exactly what each floor entails.
So the basement is actually a separated unit with its own entrance on the side of the building.
And this is the basement layout, which is current.
Again, we're in agreement to remove this unit and restore it back to simply storage and laundry
for, and maybe recreation area for the upper floor units.
So this will no longer be used as a living space.
The first floor unit is, again, the entries in the front.
This front entry leads up to the second and third floor unit.
And then the first floor unit actually comes in through the back up to its porch
and then enters from the side of the property.
The second and third floor unit enters from the front, goes upstairs, and they each have their own unit with their own small side deck.
And again, the upper floor design was how it was when he purchased the property.
He did, again, renovate the property to enhance the various parts.
And I believe he refurbished the deck, which I think L&I is indicating that it needs to be set back.
So we're probably going to have to remove that deck as well.
All of that for compliance purposes, although it doesn't directly impact the zoning today,
We just wanted to be clear with the board that all those items are being addressed and we're not going to ignore those items as we move forward.
So for the purpose of today, again, what we're asking from the board is to essentially reaffirm what the uses of the three units and eliminating the fourth unit.
So even though the refusal asked for four, we're actually asking the board for three units to remain with the basement level unit to be removed as any kind of living space and three units total in the building, but no mixed use.
That basement was already structured more as a living space.
It was never really still a storefront.
So we don't want to maintain the mixed use that's in the record.
So I know my client is here.
I'm happy to try to further explain if the board has any questions or redirect to any part of my
exhibits. Let's get your client on to adopt your testimony and then we can see what the board has.
Sure. Marlon, can you raise your hand virtually to be identified?
They'll be coming back in as a panel shortly. They should be coming back in.
Thank you.
Great.
Marlon, if you could just unmute.
Thank you.
Can you state your name and spell it for the course?
Marlon Baladares.
M-A-R-L-O-N
Do you swear to tell the truth, the whole truth, and nothing but the truth?
I swear.
Thank you.
Sir, could you spell your last name as well for the stenographer?
Thank you.
B-A-L-L-A-V-A-R-E-Z-L-A-Y-Z-E-B-A
Thank you.
Thank you.
Marlon, did you hear my representation to the zoning board and did you see my presentation
before the zoning board? Yes. Can you verify what we're requesting before the board to be
true and correct and also adopt my testimony as your own? Yes. Thank you. Do you have any questions
from the board?
When did you purchase,
when did your client
purchase the property, please?
The property was purchased
according to the deed.
The property was purchased
in February of 2024.
So just last year?
Last year. Correct. Okay. And at the time that this property, that he purchased this property,
Last year, correct.
And at the time that this property...
it had three units in it? Is that what you're saying? It actually had three units and there
was the basement level that was not fitted out as a residential unit. Correct. Okay. And when did he
do the fitting out, if you will, of the basement? So the work was done. Let me take a look at the
notices. It was done sometime during the summer in June or July, and then the stop work order
and the violation came in October of last year. And we filed, of course, the zoning application