civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

Just to save some time if he's somehow unable to testify.

Similar wording

You're the officer of the court. We understand it.

Similar wording

Questions from the board?

Similar wording

No, Mr. Chairman.

Similar wording

No, Mr. Chairman.

Similar wording

Questions from the virtual audience?

Similar wording

chair we have hillary emerson with her hand up miss emerson you can unmute yourself or wait for

Similar wording

the chair good morning mr sorry good morning good afternoon mr chair members of the board

Similar wording

hillary emerson on behalf of councilwoman sherelle parker could you could you spell your name for the

Similar wording

court reporter sure hillary is h-i-l-a-r-y last name emerson e-m-e-r-s-o-n right do you swear

Similar wording

a firm to tell the truth the whole truth and not support the truth i do proceed thank you um the

Similar wording

councilman is not opposed to the granting of the variance in this case um given the history of the

Similar wording

property um as having six units um as showed by mr notcomson um and the community also supported

Similar wording

the continuing use of the property as six units um we would ask uh sorry one quick thing we would

Similar wording

ask that there be a proviso that a certificate of occupancy be obtained within nine months to

Similar wording

ensure the building is in compliance with fire codes.

Similar wording

And I did speak to Mr.

Similar wording

Nockamson about this earlier, and he was in agreement.

Similar wording

Yes, I am.

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

Appreciate it.

Similar wording

Any other comments from the virtual audience?

Similar wording

Planning Commission?

Similar wording

Thank you, Chair Bergman and members of the board.

Similar wording

David Fecto, City Planning Commission.

Similar wording

And I think Mr. Nockamson is right.

Similar wording

I think this is a pretty easy call here.

Similar wording

So the comprehensive plan recommends no change in the residential single-family zoning at this location, but the building has been a six-unit dwelling since at least the 1950s based on the same documents I'm sure Mr. Notkinson found that we found in the zoning archive.

Similar wording

The City Planning Commission, therefore, recommends that the board grant the variance for six units.

Similar wording

Very much. Good. Thank you. MI 2021-003387-432 Fonshaw Street. I vote yes with provisos for

Similar wording

Very much. Good. Thank you.

Similar wording

MI 2021-003387.

Similar wording

Certificate of Occupancy. Carol Tenere, yes with proviso. Thomas Holloman, yes with proviso.

Similar wording

James Snell, yes with proviso. Ishmael Shaheed, yes with proviso.

Similar wording

Thank you very much. MI 2021 00380467 West Queen Lane, Mr. Nockamson. No RCO letter from the 12th Democratic Executive Committee. Solo Germantown letter in non-opposition.

Similar wording

good afternoon mr chair members of the board alan knockamson a-l-a-n last name knockamson

Similar wording

n-o-c-h-u-m-s-o-n-1-2-3 south broad street suite 1600 philadelphia pa 19109

Similar wording

our vice chair has a few questions do you agree to waive the reading of the refusal and stipulate

Similar wording

to its accuracy? I do. It appears that you've submitted all the required documents. Is that

Similar wording

correct? That's correct. You may proceed. Yeah. And as an officer of the court, I would like to

Similar wording

admit that there is a letter from the 12th, I think it's the 12th Democratic Court. They did

Similar wording

submit a letter of opposition and I do have that in my packet, but I would contest that it's really

Similar wording

opposition. And, you know, there was a split between the RCOs, but I just want to make sure

Similar wording

that the board understood that thank you you're welcome all right may i share my screen yes all

Similar wording

right so this is a 3 500 square foot structure you're looking at it right now right and this

Similar wording

screen this is supposedly an rsa 5 structure uh this was previously a c2 property under the former

Similar wording

zoning code this is clearly misclassified um this is subject to a zoning permit to allow for the

Similar wording

the garages are for accessory storage. There's allowed under the zoning permit, which we'll show

Similar wording

you, two residential and one commercial. My client, who is actually a real estate broker,

Similar wording

was unable to rent out the commercial space and converted it into two residential. Obviously,

Similar wording

we're here to legalize that use. But again, he tried his hardest to rent out that commercial use

Similar wording

and instead mimicked the residential use by cutting the commercial space in half to create four residential units.

Similar wording

Each of those residential units have their own front door.

Similar wording

There is no basement living.

Similar wording

And we would agree to reasonable provisos, which are set forth in both letters from the applicable RCOs,

Similar wording

to allow for trash storage inside one of the storage units, the one closest to here.

Similar wording

and we'll go through those letters.

Similar wording

In my presentation packet,

Similar wording

you'll see the notice of refusal.

Similar wording

Again, this is technically an RSA 5 property

Similar wording

on the 3,500 square foot lot,

Similar wording

but as you can see, it doesn't look RSA 5 at all.

Similar wording

And it's a significant lot of 3,500 square feet.

Similar wording

You'll see the permit, 304-025,

Similar wording

which shows that currently the legal use

Similar wording

of the property is two residential,

Similar wording

one vacant commercial,

Similar wording

which they were never able to find someone to rent it out, and accessory storage.

Similar wording

Just a little bit more background, this property is owned by Habana Holding Corp,

Similar wording

and I have Tobias Bill, the owner's representative on here.

Similar wording

When Habana Holding Corp purchased this property, they purchased it by way of drug forfeiture proceedings.

Similar wording

They purchased it directly from the DA's office.

Similar wording

So this was a property in desperate need of some TLC from a fiscal standpoint, but also to get a nuisance property off the streets.

Similar wording

And Mr. Biddle, his company has owned this property for over 15 years and has done an excellent job in rehabilitating this property.

Similar wording

And he's just looking to increase the residential use by two units to replace the one commercial unit, which he was never able to rent out.

Similar wording

and he'll state as a professional, he would be unable to rent out as well.

Similar wording

You'll see the correspondence from the 12th Democratic Executive Committee.

Similar wording

Again, there's some dispute as to how many affected properties were property owners or

Similar wording

individuals were at the meeting. I don't know if the solo German Town Civic Association's

Similar wording

Representative Allison Weiss is in attendance,

Similar wording

but according to her letter,

Similar wording

there was one affected occupant of a property.

Similar wording

occupant of a property. According to the letter for the 12th Democratic Executive Committee,

Similar wording

According to the letter for the

Similar wording

they took a vote of three, but they only said that two people were there in the narrative,

Similar wording

and it was a two-one vote against the project. But you'll see from the Solos Germantown Civic

Similar wording

Association, they're in non-opposition to this project. This has not been a problematic property.

Similar wording

We're just trying to legalize that use.

Similar wording

We're agreeing to some reasonable provisos, which are enforceable in terms of trash storage.

Similar wording

There are other provisos in terms of working with the Fairmont Park Association in terms of putting trees around this corner property,

Similar wording

putting mail slots in the door rather than having exterior mailboxes,

Similar wording

Painting the front of the door to kind of make it pop a little bit more from just an aesthetic point of view.

Similar wording

You'll see maps of the area, photographs of the property, or plans and drawings showing our use.

Similar wording

Again, no basement use.

Similar wording

We're agreeing to a trash room, so trash should not be an issue.

Similar wording

We have proof of our mailer to the surrounding community.

Similar wording

Again, this was not a well-attended event at all, to say the very least.

Similar wording

SOLO thought that one person who was in an affected property was there.

Similar wording

The 12th Democratic Ward, whether it was two or three, but it was clearly not well attended.

Similar wording

Our application for appeal, our deeds of property showing Habana Holding Corp owning the property, and our Certificate of Tax Clearance.

Similar wording

So again, this is our refusal.

Similar wording

This is an RSA 5 property.

Similar wording

Our refusals, and again, what we're trying to do is four dwelling units,

Similar wording

an existing structure with existing accessory storage in the garage spaces. Again, based on

Similar wording

the previously granted use permit, there was one vacant commercial space, which we could never,

Similar wording

ever, ever rent out. And this was as of right, by the way, because this was a C2 property.

Similar wording

And we had two residential units. We have rented out the residential units. Once we were successful

Similar wording

in renting out the residential units, and we knew there was a market for these type of residential

Similar wording

units. My client took it upon himself to convert the commercial to residential. We're here to

Similar wording

legalize that use. Again, this is the 12th Democratic Committee, right? This is their

Similar wording

letter. They said two nearby neighbors opposed it. One was a non-opposition. But if you look

Similar wording

at their, and by the way, they stated in their letter, if this board should grant the variance

Similar wording

request in their way, and I'll just zoom in in because you guys didn't have the benefit of this

Similar wording

letter previously. If they did grant it, if this board did grant the variance request, they would

Similar wording

want a proviso in terms of trash storage in one of those accessory units, the one closest

Similar wording

to the residential use, which we have no objection to. They, you know, they said, you know, one of

Similar wording

their comments and they said they wanted you to put as proviso paragraphs two through five

Similar wording

in terms of three two was the trash storage three was the facade of the building is very

Similar wording

industrial and does not fit with a residential property or the neighborhood well we can't change

Similar wording

the facade right but what we did tell them and we told you know solo organization is that we would

Similar wording

you know do the best in terms of beautifying the property in terms of painting the doors putting

Similar wording

mail slots. Again, this has always been a residential or at least been a residential

Similar wording

property approved for two units since 2007. Number four was sidewalk trees would add to

Similar wording

neighborhood beautification. Again, even though it's not an enforceable proviso, we have agreed

Similar wording

with the community groups that we would do that if this board did grant the variance request.

Similar wording

And then the fifth paragraph, remove outdoor mailboxes and replace with mail slots and doors

Similar wording

would be safer for tenant privacy, in fact, and we agreed to that as well. Again, I don't believe

Similar wording

that's an enforceable proviso. I believe the only enforceable proviso is to have trash stored in the

Similar wording

accessory storage space. So if this board does grant it, I would request granting with proviso

Similar wording

trash stored in the accessory storage space for the tenants. And then this is the letter from

Similar wording

you know, Solo, another RCO in the community, which attended the meeting. Again, they stated

Similar wording

only one in attendance was from the affected addresses. So I don't, there was some controversy

Similar wording

as to who was in the meeting, but that board unanimously supported or non-opposition of this

Similar wording

project. They did provide a letter, a narrative letter as well, to kind of explain the history

Similar wording

of this property. And again, the provisos or conditions would be similar to what

Similar wording

And again, the provisos or conditions would be similar to what the 12th Democratic Ward stated.

Similar wording

The only thing different was that we were going to add exterior lighting and security hammers around the property.

Similar wording

Again, we have no objection to that.

Similar wording

But again, I don't know if that's an enforceable proviso.

Similar wording

And then maps of the area.

Similar wording

Again, we're a corner property.

Similar wording

It's a significantly sized property of almost 3,500 square feet.

Similar wording

We're surrounded by apartment buildings.

Similar wording

We're surrounded by multifamily use, so it's not out of character to have this use, and again, if this board should deny this, the only thing we would be left with is two residential and one commercial, and my client would testify as a professional, as a licensed broker.

Similar wording

he can't rent a commercial and that's his hardship in a nutshell. And having four residential units

Similar wording

on the 3,500 square foot block where each has access to their own front door is the most minimal

Similar wording

request for variance of the zoning code one can ask for. Maps of the area showing where we are.

Similar wording

photographs of the property again here are the uh the stalls for the garages we don't use it for

Similar wording

vehicular uh storage um there was also i had a discussion with miss weiss earlier today there

Similar wording

was i guess a yellow painted line we don't use it for storage we allow like i mean for vehicular

Similar wording

storage we don't park cars on on the sidewalk here um we would be more than happy to paint this

Similar wording

yellow line gray so you know we allow for off-street parking as you can i mean on-street

Similar wording

parking as you can see from this picture and we encourage that as well and then there's pictures

Similar wording

of the property from queen lane uh showing proof of the zoning poster being posted and then just

Similar wording

nearby like rsa 5 forget about the parking assuming apartment buildings but 451 clean lane

Similar wording

is nearby RSA multifamily structure and then you can see Queen Lane to the right of property there's

Similar wording

a number of apartment buildings here uh Queen Lane to the left of the property uh Lawrence

Similar wording

Street because we're at the corner of Lawrence and Queen you can see more apartment buildings

Similar wording

you can see our building right here then Lawrence to the left of the property and then just our

Similar wording

interior photos I'm just gonna make this a little smaller but as you can see we really did try to

Similar wording

keep up these properties nice. They're all one bedroom, one bath. They all are housed by single

Similar wording

women. We try to keep the rents very affordable. I know that's not a zoning consideration, but

Similar wording

we do try to keep them below market rate even. And our tenants have stayed in our property for years.

Similar wording

So we try to be a good landlord as well. And then just our plans. So like I said,

Similar wording

But, you know, there's unit A and B are the one is basically the commercial space that we convert into residential.

Similar wording

Each of them mimic essentially C and D, which is the legal residential space.

Similar wording

Each of them have one bedroom, one bath.

Similar wording

Each of them have their own entrance.

Similar wording

And then here's the five garage stalls for accessory storage.

Similar wording

We would agree there's, you know, one of these stalls is right here.

Similar wording

we would convert that into a garbage room where all the tenants would have access to that.

Similar wording

And then proof of our mailer.

Similar wording

We met with the community on January 4th at 6 p.m.

Similar wording

There were 81 addresses that were notified of this meeting.

Similar wording

These are the addresses.

Similar wording

It was not a well-attended meeting other than the executive board members of each of the RCOs

Similar wording

that attended, but here's our proof of mailer, our application for appeal, our deed to property

Similar wording

showing this is a corrected deed, but this is the last recorded deed showing Habana Holding

Similar wording

Corp. as the owner. They have owned it for the last 15 years, and our Certificate of

Similar wording

Tax Clearance. With that being said, I have Mr. Biddle online. He can hopefully adopt

Similar wording

my testimony.

Similar wording

Alan, what's your client's last name?

Similar wording

Biddle, B-I-D-D-L-E.

Similar wording

And while you're looking for him, the other thing is, if this board should believe that

Similar wording

the use of four units is too great for a 3,500 square foot property instead of the two residential

Similar wording

and one commercial, we would ask for

Similar wording

to simply swap out the

Similar wording

commercial unit for just

Similar wording

commercial unit for just one residential to make it three. So we would ask that if the board thinks

Similar wording

one residential to make it three.

Similar wording

So we would be

Similar wording

that it's an overuse of the property for four residential units, we would ask the board to

Similar wording

grant a maximum three units. Because we're allowed three units, it's just one of the units

Similar wording

is commercial, which we can't rent out, and we want to make that residential.

Similar wording

We have a hand raised.

Similar wording

You can unmute yourself or wait for the chair.

Similar wording

hi please state your name and spell for the court reporter

Similar wording

Tobias Biddle t-o-b-i-a-s as in boy i d like in david d like in david l like in leo e like in

Similar wording

do you swear or affirm to tell the truth the whole truth and nothing but the truth

Similar wording