civus
Hearing video

ZBA Hearing - May 13, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 13, 20265h 38m

coming from this particular use just just as a comment so um again and i guess i was worried

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about the actual operating hours pick up drop off of the seniors and that kind of thing and

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how that might affect um the kind of events that you're talking about

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yeah um i i i understand that i i think i think it ends at five and they probably close up and

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wind down through to 6 p.m um is my experience but i was over there in the evening for the

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RCO meetings that we had. And the places shuttered 530. So I know the current business operates

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generally what you would call normal business hours. And I think the event space, it's a little

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dynamic, right? Whenever people maybe necessarily can get there after work, what their plans are

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for setting up. I don't know that it's a fixed idea. I know the idea is to have everything shut

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off and emptied out you know at a reasonable time in the evening later on but um i i don't know that

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it's written in stone when events would necessarily start and and will there be any weekend events

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that would seem more likely with the seniors yeah i my client mentioned a desire to meet the needs

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of the community and really try to make this space welcoming, not just, you know, from

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nine to five during the week, but a lot of the same people say, hey, I'd like to, you

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know, I heard the phrase Bible study, and I understand that that potentially would be

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during the weekend, an anniversary party.

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I think that there's a desire to use the space during the weekend, and I understand that

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it's very quiet there during the weekend.

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Like you said, during the week, I think there's adjoining daycares, and there's a charter

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i think there's adjoining daycares and there's a there's a charter school that appears to be

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school that appears to be not small.

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not small i think about a block to the west but during the weekend i i think it's a bit like a

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ghost town there so um i think that it should be a lot easier to to make these uses happen

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on saturday and sunday when the space is normally vacant all right and before not not quite a ghost

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down there's a there's like a methadone clinic right down the street true that's true it's

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on this block that's not yeah yeah it doesn't really affect that no and and your comment about

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the seniors wanting to be in before it gets dark is kind of uh something that uh i think it's true

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too anyway all right thank you so council let me ask you a question the the property has three

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different condos are are they have the different addresses or or is 50 50 the three condos how does

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that work? So the entire condo is 50-50 Parkside. They're divided into units 101, 102, and 101.

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What unit is this? This is 101. Okay, good. All right, I see. Thank you. But it didn't show up

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on the referral, and I did mention that to the plans examiner, but maybe for whatever reason,

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the way this is broken up with tax IDs, it just seems to be a hard time for it to show up

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Appropriately, uh, on the website and all right. Thank you. Council.

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Uh, nothing chair questions or comments from the virtual audience.

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I see no hands at this time chair commission.

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Michael Gall with the Philadelphia city planning commission, the comprehensive plan recommends no change to the existing CMX 3 commercial mixed use zoning at this location.

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The appellant has demonstrated that the proposed use as an event assembly facility would not cause undue detriment to the local community.

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what beyond what might otherwise be expected this property is in a corridor of high intensity of

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commercial uses has a rear parking lot that directly abuts a major auto-oriented commercial

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shopping center and is located roughly across the street from a major regional performing arts

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venue so the proposed use is in keeping with the property's context it is also nearly 600 feet from

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the closest residential property lowering its potential for community nuisance therefore the

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city planning commission recommends the board grant the requested special exception for event

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assembly facility use thank you mi 2025 007 232 5050 parkside avenue unit 101 i vote yes

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michael johns i vote uh yes did we have a proviso for uh 10 8 10 pm we we never had provisos michael

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i thought that was a request from the community or something i thought this with the

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let me let me hop over to the the letter uh

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uh we we didn't i don't think we got that specific and i think that they approved their

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end without a proviso it if you'd like that proviso that's fine i mean i think what happened

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was you said everything be out of here by 10 o'clock at night right is that what you say

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council we it was a little i thought it was something go ahead no no i thought there was

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something that the community had requested no we don't see that anywhere maybe it is all right

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all right michael johns my vote is yes cheryl gaston my booty yes

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my vote is yes my vote is yes thank you council and we have one more for you right

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that's right um mi 2025 007 235 1000 south 60 street just for the record could you please state

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your name my name is michael eggnall m-i-c-h-a-e-l-e-g-n-a-l and you've already been sworn

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and so council my understanding is that um we're going to go on with this we know there was no rco

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meeting and that um uh we're we're set to go without the rco am i correct counsel yeah unfortunately

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um we know we have all the information on it okay i i appreciate that we and and our our um

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board secretary has a few questions uh good morning counsel did you submit your documents

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and exhibits uh five days in advance of this hearing uh yes ma'am and do you stipulate to

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do you waive the reading of the refusal and stipulate to its accuracy I do then

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you can share your screen and present your case thank you okay is my screen

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shared it is okay thank you so allow me to hop around a little bit we notify the

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community we worked hard to coordinate with them since November didn't work

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out but uh we we properly posted here's an image of the the pro

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but we properly posted. Here's an image of the property in question to situate you with what

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we're talking about. This is, you know, fairly standard masonry twin. It's at 60th and Washington

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in the Cobbs Creek area. Historically, it was two residential units above and

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uh a doctor's office below um that that seems to be the use for a lot of the 20th century or

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the most recent kind of approved use um here's some photos of the interior my client uh purchased

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the property uh i believe it was last summer um my client grew up in west philly but he moved away

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He wanted to, you know, invest in Philadelphia, and he thought that this was a good way to do it.

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He relied upon his real estate agent to help him do this in a reasonable way.

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And I wanted to show you, you know, the headline here is that he has clean hands.

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He tried to do the right thing.

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He's not a real estate professional, so I don't think he really could have known better that the zoning was not, in fact, correct.

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In fact, here's the the blurb that was marketed to him.

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It says it's, you know, a three family residence.

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And you saw from the photos that clearly it had been taken care of.

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It was fully occupied when he purchased it.

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So he could have been none the wiser that the zoning was probably two family and a commercial.

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It's RSA three, by the way.

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so I wanted to show you from his perspective I'm going to try to zoom in I can't see what you can

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see so let me know if this doesn't really work out well he had a like an appraisal report that

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he read through that indicated the zoning compliance was of a legal use as three

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residences I want to highlight that to you there that I think he reasonably relied upon

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on these professionals to help him navigate this

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and they did not do a good job.

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Okay, so I included a whole series of emails

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trying to chase down the RCO

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and coordinate with the councilwoman's office

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since November to discuss this.

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I think you know what happened there.

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So I don't need to belabor that.

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um so that's it but my client i i i have he got a violation i think in novella i i i could try to

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dig it up but that he received a violation for not having a rental license i think in march maybe

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and he was told to fix it by eight and we're here and um he just wants to make this kosher

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What I wanted to show you, and I don't think I have the right picture up, the way these buildings are built here is that the third level is actually an at-grade quasi-basement.

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The first floor, you go up a flight to access it.

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So what used to be a doctor's office and what is now an apartment of about 1,000 to 1,000 square feet is not subterranean.

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and it's a grade it's got multiple you know doors and windows uh off of it um which you know this

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doesn't give you a good angle on but i can hop over pictures of that to cancel what what's that

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you have pictures of the different grades and the oh there you have photos of the different

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grades and different entrances i'm i'm i'm gonna i'm gonna open up i i had it i had an image

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Okay, give me one sec here.

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So, and that's really the big headline is that my client wants to make this kosher.

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It is fully occupied.

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He didn't understand what he was doing wrong by purchasing a building that was represented as a legal three-family, which you and I know is, in fact, not.

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um i'm gonna i'm gonna i'm gonna switch the sharing so you're saying the first floor is one

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sorry what was that the first floor is one apartment and the second floor is two apartments

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right are you now seeing a google street view image i see it okay so this this is um this is

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OK, so this this is this is from like 17 years ago, which appears to be the latest street view image of this area.

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from like 17 years ago, which appears to be the

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So this construction is not going on now. And this picture looks different from the pictures I just showed you because the building has had work done in the last 17 years.

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But this should give you a sense of, you know, that it has its own door. It has, I think, three or four windows down steps to get in there. Right.

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That's right. So you go up a half flight to get to the front on the on the upper level and you go down sort of half a flight to be here.

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And you see there's two doors there accessing the ground level.

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Let's go back. So the apartments in the base, there's an apartment in the basement, we're going to call it.

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That's right. There's three flats. So a second story, a first story and a lower level, each each individually.

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have a apartment that's right questions from the board yes um are there tenants in the current in

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the sorry are there tenants in the property currently it it was fully occupied when he

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purchased it it is fully occupied today okay so there when he purchased it because i'm just

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looking at the the violation history it looks like there was a violation for not having the

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right number of rental licenses but it looks like the largest number that there were ever on record

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were two um so i guess is uh what's your client's plan i guess this is the plan to rectify that and

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has any work been done in the unit since purchase so uh right i agree with you the the largest number

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of permitted units was what you saw, two, and a doctor's office on the lower level.

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My understanding is that this was converted to housing a long time ago, and it was not properly

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permitted and licensed. His plan is to, his expectation was to purchase three homes here.

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His goal, why we're here, is to legalize this and then take the steps to, you know, operate it

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uh in compliance with the the building code um property management code and proceed on

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um yeah it also looks like he's done extensive work since he got there without the benefit of

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permit well it wasn't him he bought it he bought it as is um it can you see it's something that

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looks like homes.com now. Yep. Yes. Okay. So my client purchased this. These are the

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listing photos that he purchased. So my client didn't do any work. He purchased this building

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in this state. So, uh, he, he was, he was led to believe that this was a done deal,

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that this thing was completely good. Um, my client hasn't done this work. He purchased it

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from the person, I guess, who did this work. Okay, understood. And yeah, all of that's after

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his purchase. And I want to say this also, my client worked with a real estate agent who was

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also representing the seller who I suspect did all of this. So I think that, again, my client

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has very clean hands because I think he was misled fairly maliciously by the person he was most

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relying upon to protect his interest in buying something that was a compliant property

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so um this wasn't done right if i were in touch with him when he was buying this thing i would

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have told him to run away because this is just a problem but um he came to me afterwards when he

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realized what was going on and he couldn't get a rental license okay how many bedrooms and how

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many bedrooms how many bedrooms is the unit in the basement a single bedroom it's it's one bedroom

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it's a one-bedroom unit and the doorway there's two exits out of there right and they enter into

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what in that basement does one enter to the bedroom or does or do they both enter into

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sort of the common area of the one bedroom are there photos of the basement so i i don't know

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if you can see what i'm seeing here i can see the photos that you're where's the basement right well

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right they all look like upper floors i i think i think this view now the the right hand

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six photos i believe would be the basement you see an egress i believe you see i see that

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okay so the one door goes into a sort of main area and just we can't see where the other door

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goes to but there is a door directly out of the basement you know what here these all the way

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left the two on the left i think give more of the picture i think it's a bedroom in a common area

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give more of the picture i think it's a bedroom in a common area is probably you know most of

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what's going on down there all right thank you all the questions yes last question where are

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all the utilities for the three units in in the sense of the the water and gas coming in the

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building or the meters so like typically if you have a multi-family building there's either

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everything's in the basement and all the tenants have access to the basement or they're separately

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metered in closets in each individual unit what's the setup here i looked at the clients

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in the audience there's this group in the audience

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what what's that it's your clients in the audience um i i i gave him an expectation to hop on in uh

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later, but let me, can you join? Antonio Harley. Yeah. If you see somebody named Antonio in there,

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that's him. I told him to come in after 12, so I just texted him. He did intend to join us. I was

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speaking to him about an hour ago. Okay. So, right, to your question, I don't affirmatively know,

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And if Antonio joins us, that would be great for him to tell us my my guess is, you know, and it's, you know, and it is a guess.

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So take it for what it's worth. I think in my experience, first of all, in the street view photo, I don't see a single meter outdoors.

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Yeah, so my suspicion is that I saw what appeared to be a small door, this photo. In my experience, there's, it's likely that there's meters behind one of these doors, but I don't know, that would be speculation.

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Is this a common lobby? I think one, I think because of the history with this property, it's sort of hard to figure out what's going on without floor plans because like, is there a common space?

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It just brings up all of the spaces where now you've got three people living in our three families living in what used to be a single family home.

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there's lots of spaces for overlap it's a corner unit so there's a lot of

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opportunity here but like trash packages well it's five meters it's five of 12

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right you're saying he's gonna get on at 12 and we did put that information out

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but we did say that yeah I forwarded him the alert I got so I think it was 12 20

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ish but I spoke to him an hour ago and he did intend to join us after 12 I just

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shot him a i shot him a text uh i told him to join now but i i don't know if he's well i mean i just

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say that um with regards to the meters if he's he's got to get ultimately a co he's got to have

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separate meters he's got to do it you know for code so i don't know that we necessarily need to

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hold on for him to say where the meters are because if they're not they're not in the right

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place he won't get a co i i agree but that's up i mean i'll defer to the chair but

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ty i i think you make a a good point i i would just say that this isn't any building that was

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probably at one point a single family home this was a building that has been divided into three

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units since at least 1958. okay so yeah no i'm talking to our council here

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Thank you, Chair. I know this was already touched upon, but I just, again, just wanted to formally

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note for the record that Mr. Agnell did provide email correspondence showing their attempts to

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reach out to the RCO for a meeting, also provided correspondence of them reaching out to Council

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Office. Staff did send the warning letter to the RCO, and Council also provided notice to neighbors

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regarding the ZBA application and provided group emailing to confirm that we have all those

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documents. Questions or comments from the virtual audience?

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i see no hands at this time chair

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michael gall with the philadelphia city planning commission the comprehensive plan recommends no

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change to the existing rsa3 residential single-family attached zoning at this location

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this property appears to be physically configured for use as a three-unit layout with a documented

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history of use as a two-unit residential building with a medical office use beneath

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therefore the city planning commission recommends the board grant the proposed

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variance for multi-family use. MI 2025-007-235-1000 South 60th Street, I vote yes with Proviso.

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C, it will be obtained. Michael Johns, my vote is yes with Proviso.

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