stop the survey district from approving the updated plan as proposed but we don't have it
in hand yet it's just it you know it's a long process with them okay that that is fine but
did issue they did issue an amended refusal based on an updated site plan with the updated easement
right exactly yes okay that's fine i think yeah i don't think we need to if i'm not
extensive as a requirement by l and i and it's one that hasn't been communicated to us um i think we
are fine if the board decides to approve this to just include a proviso for the amended refusal and
And then if L&I requires additional documentation prior to the permit being issued, they will let you know that.
That's acceptable. Thank you.
Thank you. Questions or comments from the virtual audience?
Good morning, Mr. Chair. This is Jason and I'm stepping in temporarily. I do not see any.
Thank you. Planning Commission.
Thank you, Chairman. And good morning, David Vecto with the City Planning Commission.
Chairman and board members, the comprehensive plan recommends a change in zoning in this location from residential multifamily to residential single family.
There is no unique physical condition of this property that would prevent it from being used in conformance with the zoning code.
The City Planning Commission recommends the board deny the proposed use variance for four dwelling units and the proposed dimensional variance for rear yard depth.
and a note to the appellant any change to the approved survey plan will require city planning
commission review and stamp
council you have any comments
Council, do you have any comments at this time?
MI 2023-006-465-2623, Annan Street, I vote yes with proviso per amended refusal dated 2-29-24.
Hillary, do we make part of the proviso that they'd have to go back to planning?
David, is that something that would automatically be triggered with them going back to get a permit issued?
That's correct.
You don't need to proviso that.
Thank you so much.
Sorry.
So the proviso is per amended refusal dated 2-29-24.
Thomas Holloman, my vote is yes with proviso.
James Snell, my vote is yes with proviso.
Thank you, counsel.
thank you number eight number eight mi 2023 006 506 49 10 longshore avenue alan knockamson is the
attorney there's a letter of non-opposition from taconi civic association
they will be rejoining as a panel shortly sir
Good morning, Mr. Monocomson.
Would you please state your name and spell it for the court stenographer?
Yes, Alan, A-L-A-N, last name, Monocomson, N-O-C-H-U-M-S-O-N.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Could you identify your client, a relationship to this property?
Yes, my client is Rosa Realty LLC, and in the virtual audience is its member, Danielio Burgos.
Okay, and our Mr. Holloman has a few questions for you.
Good morning, counsel.
Do you agree to waive the reading of the refusal and stipulate to his accuracy?
I actually object to the accuracy of the refusal in this respect.
This is an application for visitor accommodations.
So my understanding is how the board previously has presented or handled these matters is that there is no unit count for visitor accommodations.
And the refusal says visitor accommodations and existing multifamily for dwelling units.
So, first, we object in that it should not state how many dwelling units there are with respect to a visitor accommodation application.
And irrespective, there should be five dwelling units on the application if there is a reference to that.
Okay. Did you email all the exhibits and documents as required five days in advance to this hearing?
Yes, we did.
Thank you. Please proceed.
and show your screen all right so this is a very straightforward application uh this is 49
10 long short short avenue we're in the tuconi section of philadelphia uh we're on a rather
large lot of almost 12 000 square feet it is an rsa3 property uh but that you'll see in the
presentation that we have properties that are zoned CMX2 adjacent to us, and we're also on a
commercial border, and we have off-street parking. And we're looking to have visitor accommodations
for five units for this property. So during our presentation, we'll review the notice of refusal.
We have a letter of non-opposition from the Tocconi Civic Association. Just as a side note,
my client's well-known in this area. They work well with the community as well as the other
organizations within the community. So, they're a well-known quantity here in this neighborhood.
But having Airbnb or visitor accommodation use is not out of character to this part of the
neighborhood in Philadelphia. And we will show you a few examples of nearby Airbnb listings.
And then my client has in the past used this property or other properties for Airbnb purposes, and we have reviews, which you'll see are very good.
And then we'll review the maps of the area, photographs of the interior of the property, just showing what these properties look like from the inside.
from the inside and you'll see the great care that my client puts um with respect to these properties
And you'll see the great care that my client puts with respect to these properties.
uh and then we'll also look at property the property from uh outside uh from the left and
right of the property in this surrounding area and then we have simple floor plans there are actually
two separate building structures here one facing longshore and then there's a parking lot uh where
there's another building at the end of that parking lot so the the front structure has four units in
the back structure just has one unit. And then we'll show you the RCO meeting notice as well as
proof of mailing of that notice or application for appeal that we filed on behalf of Rosa Realty
LLC, our deed to the property showing that Rosa Realty LLC is the owner of the property, as well
as our certificate of tax clearance showing that my client has paid all real estate taxes with
respect to this property through the date of this hearing. And then at the conclusion of my
presentation, I would ask that Danielio virtually raise his hand, be sworn in. I'll have a few
questions for him. All right. Are no is refusal? Yes, we're an RSA 3 property. What I would say is
is that this is almost a 12,000 square foot property, off-street parking, on a commercial
quarter, next to other commercial uses. And again, there's two existing building structures there,
which you can see would speak nothing of the RSA 3 qualifications.
We're simply asking to have visitor accommodations.
I know this board typically only grants temporary variances of three years.
Given my client's reputation in the community,
given the unique circumstances of having a 12,000 square foot lot
with two building structures on the commercial corridor with off-street parking,
I would ask that the board grant a temporary variance of five years.
Again, I think this is a project and a property that speaks as to allowing that type of discretion.
Letter of non-opposition, we met with the community.
Again, he's a well-known quantity within the community itself.
It was a pretty straightforward presentation.
And here's a summary as well.
And again, what really got them was the off-street parking.
In fact, there were two building structures that kind of were in a commercial corridor
where there's a commercial, humongous commercial property just to the right of us as well, as an example.
And then nearby Airbnbs, as you can see within this vicinity, there's a lot going on here.
And for good reason, well, we'll take a look at the map.
But in the map, you'll see we're just off of 95. So I think a lot of people are like seeing an alternative of this part of Philadelphia and Tacony to have visitor accommodation use.
And then the reviews are very good for my client. So he takes great pride in his Airbnbs.
And you'll see that for the pictures as well. But you also see the mix mix zoning here.
right so we have rsa3 which again we're almost a 12 000 square foot lot um exactly 11 483 square
feet but you know we're on longshore avenue which is um cmx2 and then going this direction is where
we're pretty close to 95 and railroad tracks and then you can see that from here as well here's 95
here's some railroad tracks here's a little bit of a park as a buffer but basically we're at the end
or you can think about it, the beginning of a neighborhood.
And then our interior photos, again, my client takes great pride
in what he's offering as visitor accommodation use.
And then this is an aerial view.
I thought that really speaks volumes, but here's Longshore Avenue.
Here's the front building structure, which has four units in it.
Again, with off-street parking here, as you can see, there are multiple parking spots here.
And then here's the rear building structure with four units in the front, one unit in the back.
And then this is just, again, from Longshore, which shows this pretty massive lot here.
To the right of us is a rather large commercial building.
And then this is just showing the rear building structure and the additional off-street parking for that particular structure.
And then this is our proof of posting for today's hearing.
And then this is the 4900 block of Longshore, both from the right and left perspectives.
And then again, you'll see that it's significant off-street parking for this property.
And then this is something we simply created, but, you know, you have the two units on the,
there's no basement use, but the two units on the first floor, direct access unit number one
is two bedroom one bath unit number two is a one bedroom one bath you go up a flight of steps you
one bath. You go up a flight of steps, you have two additional units, one bedroom, one bath,
and another one bedroom, one bath. Then this is for the larger structure, and it's basically a
single family home for all intents and purposes. You have one, two, three, four bedrooms. That's
meant for more family visiting the Philadelphia area. And our RCO meeting notice. We, you know,
have a community meeting on January 9th at 7 p.m. These are, this is our proof of mailing
for that meeting. Our application for appeal that we filed on behalf of Rose of Realty LLC,
the owner of the property. Our deed to the property showing that Rose of Realty LLC is the owner.
and then our certificate of tax claims i'm going to stop sharing my screen i would ask that uh
before he comes on could you uh do you have a documentation of the accessory parking
no we don't we could not find that i think that the the use is rather limited uh the the file for
this property is rather limited but as you can see it it does you know this is not something we
created. I know. How many spots do you think you believe do you have for parking? So I would ask
my client. Okay, sure. All right, bring them on. Danilo has been allowed to speak. Could you state
your name, please, and spell for the court stenographer? Good morning. My name is Danilo
borgo's first name d-a-n-i-l-o last name is b-u-r-g-o-s do you swear or affirm to tell the
truth the whole truth nothing but the truth yes sir please proceed counsel yes first danielio did
you hear everything i had to state today about your zoning matter yes sir and is it true and
correct yes and do you adopt it as your own testimony yes okay and then you heard what the
the chairman asked me in terms of a question of how many parking spots can does this prop does
this property uh fit uh we can put we we fit eight cars in the parking lot that's four compact cars
and then four pickup trucks all right i don't uh mr chair i don't know if you have any uh questions
regarding hillary do you have any you have any more issues relative to the parking no i just
it because this is an rsa3 property and a change of use there should have been a mention of the
parking on the refusal that's not the fault of uh that's not the fault of the applicant
but i could tell from the documentation submitted there is accessory parking and i just wanted to
have on the record about how many spaces there were to see if if the requirement of which is
typically one-to-one but it would be a little different for visitor accommodations just wanted
to see how many were there for the record so we can know that there is parking as required in the
RSA 3 voting district. Thank you. Questions or comments from the board? No, Chair. Mr. Chairman.
Hillary, any other follow-up? Mr. Knackenstein, I just want to go back to your comments at the
beginning about visitor accommodations use and the number of units. You are correct. Typically,
um there are not um for visitor accommodations the number of units is not listed it's just
applied to the entire structure or the entire property um i did notice that there were five
units in your presentation the refusal said four i think the refusal says four because it looks like
even though there's a reference in the history to this the accessory structure the garage being
converted to a dwelling unit um i don't think it was ever like officially zoned that way even though
there's a note that it was done um so i think that's why there's this discrepancy between
what's there and and what's on the refusal so i just wanted to note note that for the record
because i did see that as well yeah my own comment is i i did it looks like the record's
somewhat spotty for this property i just want to make sure that you know should the board grant
to our variants, that we would have no issues getting a CO for that backbuilding.
It looks like there were permits issued.
I don't know why it's not five of public record, but it looks like based on a refusal,
you can imply that there's only a recognized four units, not that fifth unit.
But regardless, we just want to make sure we have no issues.
I believe that the issue of the fifth unit would be addressed through the CO process.
if that is not the case
please let me know but we've had this come up
before with visitor accommodations
cases where the number of units
where the number of units that the city has on record is not what's actually
that the city has on record is not
what's actually there but because of
there, but because it's visitor accommodations,
it's not about the number of units. So in that case,
when I have discussed this with Ellen, I,
they've just said recommended that we put a proviso to get a certificate of
occupancy and then they can just make sure all of the existing units are up
to code.
Thank you.
Questions or comments from the virtual audience?
audience. I see no hands. Planning Commission. Thank you, Chair Bergman, and good morning,
David Vecto with the City Planning Commission. Chairman and board members, the comprehensive
plan recommends a change in zoning at this location from residential single family to
residential multifamily. The appellant requests permission for visitor accommodations in a
legally non-conforming multifamily building. The question that the code requires us to ask for this
use variances whether the appellant could not use this property as long-term rentals. Commission
staff has not heard testimony to that effect. The City Planning Commission recommends that the
board deny the use variance for visitor accommodations. Thank you. MI 2023-006-506-4910
Longshore Avenue. I vote yes with proviso. Must obtain certificate of occupancy and temporary
variance expires 4-10-20-28. Thomas Holliman, my vote is yes with proviso. James Snell, my vote is
yes with proviso. Thank you, counsel. Thank you. All right, number 10, MI 2023-006-522-2617
North 11th Street. Henry Clinton is the attorney.
There's a recommendation of support from the 37th
Ward. Vote was 22 to 1
in support.
Oh, I'm sorry, in support. 22 to 1 in support.