civus
Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

My clients took ownership of the property in 21, as indicated.

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We're not converting like an owner-occupied property into a visitor accommodation.

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We're taking a property.

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So we're not taking something that could be bought and owned off the market.

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It was already a rental for about 10 years, a little over 10 years at this point.

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Pact compliance, as I mentioned, we just got yesterday.

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Clients owed a little bit of a balance and took care of it when they were made aware of it.

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uh the email from the Planning Commission from April 21st designating or confirming

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the Point Breeze Community Development Coalition as a coordinating RCO for the project again we

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have their letter of support from from Monday from them the list of addresses to which our 14 303

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notices were sent including all the RCOs the Zoning Board the Planning Commission and Councilman

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johnson's office um at the time the 20 days from the from the time of that email from the planning

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commission we had and because of how far out the zoning board hearing uh was was going to be it

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was scheduled no offense um we uh had to send out the first notice uh without a date for the

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community group meeting they didn't want to meet until or didn't feel the need to meet until later

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on in the summer closer to the date of the hearing rather than back in april or may but you can see a

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copy of that notice along with the copy of the notice of refusal and the certificate of mailing.

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That was back on May 19th. And then once we had the date confirmed with PBCDC, we sent out

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another 14303 notice with that information. Again, it was done via Zoom, information about the

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property, what we were applying for, what the refusal was, along with information regarding

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today's zoning board hearing that was also included in the first notice that we sent out.

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And the law of the notice of refusal. And then here's a certificate and mailing of that back on August 17. So for the reasons I've stated above or prior to this throughout our presentation, along with letters of support from both the RCO as well as Councilman Johnson's office, we respectfully request that the Zoning Board grant the requested variance.

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And I would like to have my client, one of my representatives from the LLC is online, Tal Tigay, and she can be promoted to panelists and sworn in.

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I could have her adopt my statements.

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Mr. Orphanese, what is the name of your client?

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That's Tal, T-A-L, Tigay, T-I-G-A-Y.

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Tal Tigay has been unmuted and allowed to speak.

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Hi, could you please state your name as spelled for the court stenographer?

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Hi, how are you?

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Good.

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My full name is Hamutal, H-A-M-U-T-A-L.

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And my last name is T-I-G-A-Y.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed, counsel.

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Certainly.

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Tao, are you a member of 1711 Carpenter Properties, LLC?

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Yes.

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Okay. And did you hear the statements that I made to the board today?

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Yes.

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And are they true and correct to the best of your knowledge?

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Yes.

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And would you adopt them as your own?

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Yes.

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And I don't want to take up too much of the board's time.

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I know you're extremely proud of this property and the other properties you own.

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And we've been at community group meetings where the community speaks extremely highly of you.

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But being respectful of the board's time, is there anything that I missed that you think it's important to add?

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And I know you can go on. I know, again, you're really proud of these properties, but I'm not going to speak much. The only thing I wanted to add is that Tanya Ward, our right-handed neighbor.

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1123.

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Yeah. I spoke to her and she attended the meeting and also was one of the supporting votes.

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at the community group meeting yeah okay great thank you it doesn't have any questions for us

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or for yes questions from the board no chair questions or comments from our attorney hillary

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emberson at this time mr chair questions or comments from the virtual audience

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i see no hands chair waning commission the ron bednar city planning properties indicated for

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so run bednar city planning property is indicated for residential use on the city plan or adopted

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residential use

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district plan recommends no change to existing residential single-family zoning at this location

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applicant's hardship is not supported with evidence of unique physical circumstances

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or condition of the property that would prevent it from being used in conformity with the code

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Therefore, we recommend a request for a stop event.

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MI 2023-002-335-1121 South 8th Street, I vote yes with proviso.

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Temporary variance expires November 2nd, 2027.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you, counsel.

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Thank you.

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May be excused.

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Yes, you can.

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Thank you.

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So, number nine, MI20230023432929Gurridge Street.

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Olaf Sokoloff is the attorney.

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No letter from RCO, but email from Grace Ferry Community Council to applicant

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indicated the vote was in support. The Tasker Mars neighbors also served as co-RCO. Applicant

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also provided 11 form letters of support from eight from neighbors, eight from 2,900 Black

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Guard. Counsel? Counsel, you've already been sworn. Could you state your name, please?

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Sure. Good afternoon. Nice to see everyone again. Oleg Sokolov on behalf of the applicant.

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od and took okay and our uh our uh board member thomas holliman has a few questions for you sir

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good afternoon good afternoon counsel do you agree to waive the reading of the refusal

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and stipulate to his accuracy i do did you email all of the exhibits and documents as required five

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days in advance to this hearing i did thank you please proceed and share your screen thank you

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very much. All right. Once again, good afternoon, members of the board. Thank you for your time.

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I will try to be as brief as possible. Similar to the previous request, we are here seeking

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a variance to use the subject property 2929 Garrett Street for the purposes of visitor

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accommodation. A refusal was issued in April just for the single use refusal. This property I'd like

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to mention was prior to the enactment of new legislation in Philadelphia and that began this

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January was used as a as a Airbnb and for the purposes of short-term stay. So this is an

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application to bring the property into compliance with the current code. Here is our refusal. I'll

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try to take you through the exhibit packets. Our deed, this property was purchased in 2020

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by Mr. Oduk Ntuk and Ms. Adele Harris, the applicants and registered owners.

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Our tax clearance, photos of the subject property.

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Quick layout, the zoning map, our project information form, our appeal application,

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our mailers sent, and our proof of mailing prior to the RCO meeting.

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Pictures of the notice posters at the subject property.

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our notice. And as the Mr. Chairman stated, we have not received any communication other than

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this email from the community organization. However, we were informed that a vote was held

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and that the community voted to support our proposal.

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And once again, as stated, we have a number of letters from nearby neighbors,

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including eight or nine neighbors on the immediate block.

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eight or nine neighbors on the immediate block.

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If I may, I'll bring Mr. Ntuk online to adopt my testimony.

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Odin Ntuk has been unmuted and allowed to speak.

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Hello.

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Could you say your name and please spell for the court stenographer?

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Yes, my full legal first name is Uduak.

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It's spelled O-D-U-O-K, last name Ntuk, N-T-U-K.

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Do you swear or affirm, tell the truth, the whole truth, nothing but the truth?

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Yes.

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Proceed, counsel.

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Thank you.

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Good evening now, Mr. Ntuk.

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Have you been online to listen to my presentation?

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Yes.

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And would you adopt my testimony as your own?

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Yes.

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And is there anything you'd like to add or anything else for the board that you'd like

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to have considered no okay thank you very much questions from the board no mr chairman questions

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or comments from our attorney hillary emerson not at this time mr chair questions or comments from

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the virtual audience i see no hands chair planning commission the run bed night city planning

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property is indicated for residential use on the city plan or adopted district plan recommends no

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change the existing residential single-family zoning at this location the applicant's hardship

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is not supported with evidence of any physical circumstances or condition of the property would

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prevent it from being used in conformity with the code therefore we recommend request advance

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not be granted thank you mi 2023 002 343 2929 garage street i vote yes with proviso

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Temporary variance, which expires November 2nd, 2027.

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Thank you, counsel.

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Thomas Holloman.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you.

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Thank you, counsel.

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Thank you.

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Thank you, members of the board.

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Thank you.

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Is there anyone in the virtual audience whose 330 case has not been called?

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i see no hands chair thanks everyone good day's work thanks chairman everybody great job chair

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