Some of the walls could use some touch-up.
Yeah, I'm not sure if that's the question.
Does that answer the question or?
Yes, thank you.
Have you looked at the photographs that are indicated as Exhibit A in our Exhibit, in Appellant's Exhibit Package?
These pictures, let's see, I have it in front of me.
I mean, these are the same pictures I've seen before, I assume.
Yeah, yes, yes, yes.
I haven't seen them this morning, but I've seen them before, yes.
Okay, thank you. And when you look at those photos, are they a true, fair, and accurate?
When you look at those photos, are they a true, fair, and accurate representation?
Paul, let me ask you, do you have the photos there?
Could we see them too?
I'm about to.
Oh, okay.
All right.
You're repairing them for this.
I got it.
All right.
Two seconds.
Are these photos a true, fair, and accurate representation of the interior of the house?
Yes, they are.
So I'm just going to flip through on the Zoom, the photos.
And Mr. Dominick, I'm just going to point out a few basic things in some of these photos.
You'll tell me if there's anything wrong.
So this is the first floor hallway.
You see an extension cord on the ground.
I'm flipping through the photos one by one.
In this photo, you see around the doorway, what looks to be an extension cord.
In this photo here, you look to see wires or extension cords draped around the doorway and
out through the door? Yes. Okay. This is some crack in the wall above that bookcase.
Yeah. This is a bathroom with a ceiling. I think it's fair to say falling down. Is that correct?
yes plaster work is coming off okay there's some
damage on the ceiling this is another part of the structure where the ceiling looks to be
in poor condition is that correct uh in my opinion yes okay and this is uh another
shot same room different angle yes okay thank you
this is uh orange extension cord uh going from one floor to another uh yes that is correct okay
this is that this is enough this is uh this shows also an orange extension
cord going down the hallway yes this will be on the third floor okay thank you
that continues again that extension cord right through the middle of the photo this is uh the
banister with um showing some damage this is a another it was disconnected from each other
yeah it wasn't firmly attached okay thank you
some ceiling damage
more ceiling damage yeah um okay thank you well um mr dom how much longer do you think you have
because i with this witness i'm finished okay uh so and then um i think the next
the only other thing for us to do is which i'd like well can i finish with this witness
for a second sure if it's five minutes yeah so i have no further questions
of this witness at this time rachel yep so uh thank you uh mr dominic you stated that your
profession is a computer consultant is that correct that is correct do you have any
certifications education licenses or expertise in non-conforming uses or zoning and land use law
no um and um you stated that you lived two doors over from the property is that correct
yes do you have any testimony to offer related to um the uh prior owner mr clarence wilson's
removal of any improvements uh necessary sorry necessary for the current the use which was a
four unit or do you have any testimony offer that he made modifications to make it unsuitable
um for the property removing meters removing plumbing um breaking down walls
or just was your testimony that he just got old and tired of running out the remaining units
i don't think that was objection i don't think that was his testimony
that he got old and i'm asking him i'm asking him what for him to clarify his testimony
that he got old and i'm asking him i'm asking him what for him to clarify his testimony
uh yes could you repeat the question please yeah sure do you have any affirmative testimony that
you that you're aware of the current of the prior owner modifying the building to remove
anything that would allow it to be a four unit so removing meters removing uh water meters
electric meters removing walls or anything like that i have no knowledge of that okay and you
gave testimony that he was continually living in the property until he stopped running it based
on i guess you give testimony that he was he stopped running it or you thought he wanted
to stop running some of the units um i don't say i thought he he told me but i guess it's hearsay
so i can't really say that i'm not sure how to present that um but yeah he lived there
and he stopped running it so that's as much as i know okay and that that's that is my point so
and would you agree that um there was no when you walked through the property although i understand
some of the deferred maintenance that there was no walls removed that there was it wasn't built
out as a two unit there was no meters removed bathrooms removed or anything that would indicate
um that it was not still laid out as a four unit building i have no knowledge of any walls
removed or bathrooms removed thank you all right so how much more do you are you okay no no how
much more do you have? So I have one more witness, but that witness is Ms. Pritzker's client. So
I'd like to ask the chair and Ms. Pritzker, you know, I could call him right now. I don't have
the time. We're not going to do that. Okay. So yeah, we're going to have as a resumptive hearing.
Okay. So all I have left is the owner to cross examine. Okay, fine. So Rachel, give me an idea
how long your case will take i'm just doing this for the next time to figure out how much time yeah
all i want to do chairman and members of the board is put the law on the record what the actual
law is and the code is and the and and so that we can talk about what the law says about this
specific matter that's all that's all i'm wanting to do and show a few exhibits that align with what
the law says okay and mr kelly the city's witness is already gone i'm just along for the ride all
All right. Okay. So, but, but Ms. Pritzker is agreeable to, uh, make Mr. Chen available the
next, at the next hearing. Yeah. He's, he's ready and able to. Ready and able. How's that? So,
all right. So the next year will be April 28th at 9 30 AM. It'll be a resumptive hearing. Okay.
And that we're looking to get it done that day. Okay. Yeah. Thank you. Charming members. Thank
you thank you uh all three attorneys thank you mr o'brien
So MI 2025, 004706, 184 Cotton Street.
William O'Brien is the attorney.
There's non-opposition from Manioc Neighborhood Council.
Mr. O'Brien could you please state your name and spell for the stenographer
yes chairman William O'Brien from the Manion Law Office W-I-L-L-I-A-M-O-V-R-I-E-N
could I ask the attorney to please get closer to the microphone thank you thank you did you hear
my spell can i go one more time state your name and all william o'brien w-i-l-l-i-a-m o'brien
o-b-r-i-e-n from the maniunk law office but you swear or affirm to tell the truth the whole truth
nothing but the truth i do could you identify your client a relationship to the property
my client is cotton street partners of pennsylvania limited liability company
purchased the property i think back in 2022 our vice chair has a few questions
good morning have you submitted your documents and exhibits five days in advance of this
good morning have you submitted your documents and exhibits five days in advance of this hearing
yes okay and do you waive the reading of the refusals and stipulate to their accuracy
i do okay thank you share your screen and proceed with your case sure hold on sir can i ask who you
are are you a neighbor yes i'm the adjoining neighbor okay direct adjoining neighbor of
four three three four and four seven three four you'll testify when we call for people in the
audience okay i also have a uh mr chair he is a he is a party he's entered us in the party his
is your attorney here my attorney uh is on a um retreat i have a person that's not a code lawyer
online to help ask for a continuance because this is a very complicated case
I'm very well prepared, but when the current lawyer couldn't handle the case with the snow and the holiday,
because I just hired this lawyer to help with the snow and the holiday to get a new lawyer 10 days out,
nobody's available today, so I need to get a code lawyer.
I'm very well prepared.
I've been working on these stone walls for 31 years.
Listen to me.
Listen to me. Are you saying that your attorney is not available? You hired a non-code attorney. Are you comfortable with him representing you?
She is an assistant to him. No, I'm not. I'm not. I have a code attorney ready to go, but no, I'm not.
But he's not here.
Good morning. I'm here from Mr. Ramsey's office.
No, no, no, wait. What am I saying?
I have a new code attorney ready to go, but he's not. I didn't sign the deal yet. He couldn't read all the documents.
So you don't have a code attorney you're saying right now.
Correct. I need to get one. I like Bill.
You like Bill, but you can't hire him.
Mr. O'Brien, how do you feel about a continuance?
I'm opposed. Vigorously.
If I may, briefly, Mr. Chairman,
this hearing was last scheduled on December 3rd of last year.
The day of the hearing, Mr. Piller's attorney, Richard Banderslice,
reached out and requested a continuance and issued a letter raising two objections on
behalf of Mr. Pillar. A complete response to those objections was provided to Mr. Vanderslice,
and I've heard crickets. And neither of the issues that Mr. Pillar raised is a zoning issue.
Okay. You say you're more than well prepared.
I have all the documents, but I can't, I'm not prepared to present the case. I'm more, I'm more than well prepared to hand it over to an expert zoning lawyer.
It's fair and square.
So it's, you know, it's, it's the board's discretion as to whether we hear this today or not. I know we're most likely only going to get through, um,
builds a presentation why why why don't you listen to me listen no no you don't have to
listen to me why don't we let mr o'brien make his presentation and then if he needs an attorney he
brings it back to next time we're only going to hear your presentation today anyway bill okay
do you hear what i said yeah i don't know what you're saying i'm i'm thinking go ahead i don't
know if i'm allowed to speak and not being alert oh may i speak oh um i fully expected to work this
out with the developers between christmas and now so i i expect the work is yeah it's moving a lot
line so if you move a lot line you get together with the neighbors now listen to me mr o'brien's
going to make his presentation we're going to end it then and we'll come back for a resumptive hearing
okay so mr why don't you go ahead you did go mr o'brien why don't you start thank you so on the
This screen is the, this is the amended or revised or corrected refusal.
It was issued December 3rd of last year, the same day as this hearing was scheduled.
There was an additional refusal that didn't belong on here and that's been corrected.
So there are two refusals.
One is attached housing in the RSA 5 district in this neighborhood requires access to parking
in a shared driveway.
because of the topographic conditions that's just not possible uh the second refusal is
for disturbance of steep slopes and again as you'll see uh that disturbance is unavoidable
and actually provides a benefit uh to the neighbors especially mr pillett um the uh
as you said the neighborhood council held a meeting 55 people were attendance only 33 i think
votes were tallied, but the position of the civic.
Votes were tallied, but the position of the civic is non-opposition.
This is a map from Atlas, and you can see the property is right here, and it's about a block and a half from that area.
it's green right here. That's Pretzel Park, a very popular neighborhood park,
and it's about three blocks from the Main Street Business District.
Oops, sorry. Here are some photographs of the existing conditions.
So the existing house depicted here has been tagged as unsafe for about 15 years, I believe.
And behind it, you're going to see, you see a little Wissick and Schist wall that comes
into play.
And I'll go into some detail about that in a moment.
The next image, I don't know why these are all differently sized.
This is from Boone Street.
So the property is bounded by cotton to the south, Boone Street to the east.
and you can see the staircase here so that is the bed of cotton street which is
not open it's on the public city plan but it is improved only with a staircase
and this is the that wall from boone street in the foreground looking down and you see behind
the foliage the outline of the house at 184 cotton street so the whole lot is just under 4 000 square
feet so this is a image of that wall that was to the left of the house and you can see it's
not in great shape. I'll come into some detail in a second but briefly let me say that in 2008
a surveyor from the city of Philadelphia came out and did an inspection determined that it was
unsafe. The wall bill? The wall itself was unsafe and issued a determination that the responsibility
for repairing the wall was on this property 184 Cotton Street and on the two properties to the
north adjacent to this wall uh 43 34 and 43 34 and a half boone street mr pillar lives at 43
uh 34 and a half um when we made the app i'll come to that in a second let me just show you where we
are um so this is the exist this is the subdivision plan approved by the ninth survey district
I'll first show existing conditions and give some context to the site and to the wall.
So here is, to the left is Tower Street.
To the top is Boone Street.
And then where the stairs, where you see the stairs, that's Cotton Street.
And this three-story stucco, that's the house, which is unsafe.
and then the lot continues 77, 78 feet up to Boone Street and then Boone Street
there is a 48 foot wide lot and then the property line continues to pretty much
a rectangular lot. Now this is the wall that I showed you the photograph of and
as you can see, it's outside the lot lines. What's proposed is to subdivide and create
three lots, one house going back to where the existing small house is, and then two
new houses facing Boone Street.
This is the facade of the proposed homes on Boone Street.
This shows one of two changes that are referenced in the Proviso Form and Plan.
This shows one of two changes that are referenced in the Proviso form and plan.
Originally, the driveway, the garages shared a common curb cut in the middle.
It was pointed out during community meetings that if you move the garages to the outside of each structure,
that would allow a parking space in between.