Letter of non-opposition from Wushan Oming Civic Association. There was no meeting held,
but the letter mailed to near neighbors at RCO contact information listed on the zoning poster.
Stephen Pollack is rejoining us as a
panelist. Okay.
Good afternoon,
Mr. Pollack. Could you state your name, please,
and spell for the court stenographer?
Good afternoon, Chairman Bergman and members of the board.
Stephen with the P-H-S-T-E-P-H-E-N, Pollack,
P-O-L-L-O-C-K.
Do you swear or affirm to tell the truth, the whole truth,
and nothing but the truth? I do, Mr.
Chair. Could you identify your client
in relationship to this property?
My client is
an entity known as 6031 Tarsdale LLC.
The members are John and Robin Katagnus,
and they are with me today.
Our vice chair has just a few questions for you, sir.
Good afternoon, counsel.
Do you agree to weigh the reading of the refusal
and stipulate to its accuracy?
I do, Mr. Shahid.
Have you emailed all the required documents
and exhibits that are needed to proceed with this case
five days in advance of this hearing?
I believe we have.
Thank you so much.
Please proceed and share your screen.
Mr. Chairman, as I like to do, if you could promote my associate, Nico Realbuto, to have
the ability to share the screen, I would appreciate it.
Is he being promoted?
Let me see Nico's hand.
Nico says his hand is up.
Okay, we'll get him.
I'm sorry, Jerry.
We'll get him.
It froze on me for a second.
I kept clicking, but you couldn't hear me.
I was talking.
All right.
Thank you.
That's fine.
Rope him in.
Rope him in.
He's been allowed to speak. Did you want to just put the screen up and there we go. So Mr. Chairman, members of the board, as I said, this is the owner is 60.
Mr. Chairman, members of the board, as I said, this is the owner is 6031 Tarsdale L.C., but John and Robin Contagnes, our husband and wife team that have owned this since 2015.
how this is on we're on the left-hand side building right where Nico has the little hand
to the we are an existing boarding facility that was given a variance back in 2002 21 years ago by
the zoning board to allow out eight housekeeping rooms with 12 persons and what we are asking for
today, since we are in a CMX2 district, which doesn't allow this kind of use without a need
for a variance. However, as I said, this is a pre-existing variance that's been in use
continuously for 21 years at this point. What we're asking to do is convert the eight rooms
into 12 rooms on interior alterations with an addition of a laundry room and a second means of
egress that will allow 12 rooms for 12 people. So we're not asking to increase the number of
people, just asking to give each individual the dignity of their own room. What John and Robin
can testify to and affirm is that in the 21 years, they took over in 2015. They have one tenant
who's been there since 2015 other people come for like two to three years these are people who
some people were in the Wissanoming section of the city we have people that will rent who are
working at Dietz and Watson's or a nearby pizza restaurant or other commercial that affords them
an opportunity to be near where they're working but they don't want to have the
uh problems and associated with home ownership or even an apartment kind of ownership um what we
so mr paul can i mr paul can i mr paul mr paul so i understand this a little bit better
um and hillary could jump in in 2002 zba approved variants for eight nine housing units maximum of
12 people in a subsequent subsequent case board of building standards recommend that the number
of documents be reduced to eight. That's why we supplied the board with our exhibit A13 as a
supplement, Mr. Chairman. And I will, Nico, if you can go to that. This is, go ahead, this is the city
certification statement, go up, that was supplied at settlement. Go show the actual city cert.
So this city cert is dated 1-12-15, which is 2015, not 2002, where that note is coming from.
And the representation made by the city of Philadelphia through L&I through the city certification statement was that, as you can see, Mr. Chair, it says eight non-housekeeping rooming units for a maximum of 12 persons,
window air conditioners, and no persons from any court system via zoning board proviso.
So I can have the antagonists testify that at the time they bought this, it was represented
to them and certified by the city L&I department that it was eight rooming houses and 12 persons.
So I understand what that note seems to indicate, but I also say that here is a
a certification statement that comes 13 years later on 2015.
If we go back to the deed,
the Katagnus is bought on January 26th of 2015.
So this, as you can see, the date was January 26th of 2015.
So you can see that the city certification statement matches up with what
was going on.
What you intend to do today, you want a variance to go to 12 rooms.
We just want to go and we can go to site plans 27, 28, and 29, Mr. Chair, to show you that what we're doing is this is the existing plan right now that shows four rooms on the second floor and go down just a little bit and four rooms on the first floor, go down.
And then what we were going to do is split bigger rooms into 1A, 1B, 2A, 2B, and have six on one floor and then six on the second, first floor.
So go down.
We were also providing a laundry.
If you look at near room six, we're going to have a laundry little area for a washer dryer that will add the ability for.
A little area for washer dryer that will add the ability for the residents to laundry their clothes. And we're also going to have a second means of egress, which I know that Mr. Hallamann will be happy to see that because I think that's what makes this comply with the building code and would really address any occupancy issue with regard to 8 versus 12.
So that's where we're headed right now. We also have. So that's why I understand.
Thank you, Mr. Apollo. Thank you. So, Mr. Chairman, members of the board at A-12 and Nico, if you can go to it, we have rules of the House and the rules of the House are very clear that no weapons of any kind, no drugs.
And they are supplied with furnishings of a TV, a bed, a dresser, a night table, and they have longstanding residents who stay here who need the service.
So they run it as a clean well lighted place that has hardwire smoke detectors. It has a central fire alarm that rings and is monitored. And so that attention is paid to the safety of the residents.
We are attached next door to a nightclub that has been existing for a number of years in the neighborhood. And as we say, this has existed in the neighborhood for 21 years.
We sent out over 108 letters to near neighbors with Sonoming has an interesting twist.
They only hold a RCO official RCO meeting if they get any complaints.
John Nolan, who I think signed the letter that we have a 10 from them saying there's no opposition.
There were never never any complaints. And I, I realized that if over the years of since it's been in operation.
and having a number of residents vary from 8 to 12 over the years.
If there were complaints, we probably would have heard from the near neighbors.
So we believe that this is a natural expansion of the existing property.
It was granted a variance to allow this use in the first place,
and that we're not really increasing what was originally granted with 12 members
that the interior the alterations are interior so we're not blocking any light and air it's the
least minimum variance to afford relief because we're not really trying to add anything or
increase the number of of residents and what i will definitely have the contagnuses attest to is
that they have found over the years it's very it's extremely difficult to find either a couple
or two people that want to live in the same room together.
And therefore, we're just trying to give people to modernize and accommodate the change in the type of living space
and the dignity we want to supply to people and afford to people.
So we believe that we're not detrimental to the health, safety and welfare,
especially given that this property has existed with this use as a variance for more than 21 years.
uh and um if you want to we can go through the pictures very quickly nico just to show the board
so this is the stairway here's a bathroom keep going into one of the rooms the hall one of the
hallways the the fire and the smoke detectors the heart the the alert one which is the central panel
for fire security cameras are in use in the property that's a hallway leading a an alleyway
leading out to Tarsdale Avenue. Keep going. The building on the left is our existing property.
You can see the zoning posters in the front. Keep going. These are another shot in the front
along Tarsdale Avenue. That's across the street. Keep going. Another, some more views across
Tarsdale Avenue. This is the, on the right-hand side is the appliance store that's warehouse,
a big warehouse that's right next to us keep going uh again these are this is us again go back up
it's us with the we're the building on the left and that won't change at all so there'll be no
physical changes for the neighborhood keep going same similar kind of view left hand side is our
is that warehouse and as appliance store and then our twin building keep going and that's the
corner grocery store right at the intersection. Keep going. There's a view of as we go up the
property headed south on Tarsdale Avenue towards us. Keep going and keep going.
south on Tarsdale Avenue towards us. Keep going and keep going. That's nothing. These are other
homes or other commercial spaces to the south of us on the same side of Tarsdale Avenue. Keep going
and go, keep going. And that's on the same side of Tarsdale Avenue across the way
from us and keep going. More Tarsdale Avenue. There's our zoning posters. And the interesting
thing, Mr. Chair, was if you look at the double poster on the right-hand side, we had to put up
a little notice that told neighbors there will be no RCO meeting. Please contact John Nolan
at his email address. So we did all that. So with that, and also the notice letters and everything
of that nature, we have exhibits A1 through A12. I'll ask that they all be deemed admitted into
the record and i would like to call at this time mr chair uh i think robin katagnus wants to be the
spokesperson if robin we could promote robin excuse me mr pollack this is hillary i just had
a quick question um so the entire property is is this residential use right there's no commercial
oh no right okay okay because i noticed there was no refusal because this is a cmx2
for a lack of commercial space on the ground floor so you know what well because the variant
you know the variance was granted that allowed allowed allowed the entire building to be used
for this residential use so i think what happened with writing the refusal they respected the fact
that um there was a variance already granted and in essence we're coming back because we feel
there's like sort of a change as i said we'll let the robin testify to it but a change in the whole
way of uh treating people and giving them respect and at least giving them their own
own room that's dictating trying to give single rooms within the exact same space with the same
exact same number of people that were previously allowed back in 2002
too. That's fine. Does that answer your question? Yeah, I think we're okay. It's just if there was
a missed refusal, we would just want to note that for the record so that there weren't any issues
later as you're going to have to go get building permits and that sort of thing that if you were
guaranteed relief that all of the relief you needed was granted. I mean, I think incorporated
in their refusal that says for the use of you know that it's not allowed I would think that
what's covered in it is is the fact that they're using we're asking for the whole building it's
pretty clear we're asking for the whole building so right right no I'm just saying I think there
should have been an additional refusal just clear that you were you you were seeking a variance one
additional variance that's that's all I would say but yeah I think you're fine all right thank you
Thank you, Mr. Chair. Robin Katagnus has been allowed to speak. Could you please state your
name as spelled for the court stenographer? Robin Katagnus, R-O-B-Y-N-C-A-T-A-G-N-U-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes. Proceed. Hi, Robin. You are one of the principals in the ownership group known as
6031 Tarsdale LLC correct yes okay and you along with your husband John have been operating the
boarding facility since 2015 at this location and at the time that you took over the property
there were eight eight rooms with 12 people in it and that was how it was represented and that's
the city certification that we handed up that's what you received when you bought the property
Is that correct? Okay. Now, I've made a big thing about that the marketplace has sort of changed,
the modernized to try and keep up with what people want that you are finding in your experience
that to give the people the dignity and the space they want, that you want to switch to allow,
have 12 people have their own single room without having the share. Can you, is that correct? Is
that what you're finding, you and John finding? Yes, that's correct. Typically working
people and people who want to be independent and are taking care of themselves want their own
private space. We've seen that more and more the last few years, especially as our spaces become
nicer and, you know, the community has gotten to know it a little bit. People who come in really
want their own room. Okay. And you've heard what I've, the other things that I stated on the record,
are they true and correct to your best of your knowledge and belief? Yes. And all the other
things that I said on the record with regard to how you've been operating and what we're
discussing about the building, do you adopt that as your testimony today as if you had
The building, do you adopt that as your testimony today as if you had spoken those words yourself?
spoken those words?
With that, Mr. Chair, I would rest and move for all our exhibits to be accepted.
Yes, sir.
Questions from the board?
No, Mr. Chairman.
No, Chair.
Thank you.
Questions or comments from the virtual audience?
i see no hands here planning commission
good afternoon chair peter bernard for the planning commission
the comprehensive plan recommends no change to the existing cmx2 commercial mixed use
at this location we feel that 12 single room occupancy units is excessive for the property
previous approvals allowed for a maximum of eight units we also feel that
Sorry, that line is not
valid anymore. Accordingly, the Planning Commission recommends the
Board deny the variance. Okay, thank you. Mr. Powell, do you have anything to comment before we
vote? Again, Mr. Chair, I would
say that given the testimony that
it's been in use that way, the original variance was granted