civus
Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

Sonetta Graham, my vote is yes.

Similar wording

Ryan McAdams, my vote is yes.

Similar wording

Diane Wynn, my vote is yes.

Similar wording

Thank you.

Similar wording

Counsel, one more, right?

Similar wording

Yes.

Similar wording

So MI 2025-003-660-660-38 East Seltzer Street.

Similar wording

Zen, could you just state your name?

Similar wording

Yes.

Similar wording

Zen Jen, here on behalf of the applicant.

Similar wording

Could you identify your client, the relationship to the property?

Similar wording

Yes, my client is 28 Seltzer, LLC.

Similar wording

Mr. Verona is also the owner of that business.

Similar wording

Okay.

Similar wording

We do not have an RCO letter, right?

Similar wording

And, Hildrey, we do have the proof of the...

Similar wording

Yes, Mr. Sherry, I just want to put on the record,

Similar wording

while we understand there is difficulty scheduling the RCO meeting,

Similar wording

we believe that the applicant has met requirements for posting

Similar wording

as well as mailing to the near neighbors and we have received proof of that. Thank you. The Vice

Similar wording

Chair has a few questions for you, Mr. Jin. All right, good morning. Have you submitted your

Similar wording

documents and exhibits five days in advance of this hearing? We did initially and then we updated

Similar wording

as late as this morning with additional documentation. Okay, and do you waive the

Similar wording

reading of the refusal and stipulate to its accuracy? I do. Okay, you can proceed with your

Similar wording

case. Thank you. I'm going to share with the board the latest submission. Can the board see my

Similar wording

screen on there? We can, sir. Thank you. So there's been extensive communication between the

Similar wording

our office and the RCO. I'm going to not rehash that information, given Ms. Emerson's statements.

Similar wording

This is an application for a use of an existing property at 38 East Seltzer Street, also as a proposed duplex.

Similar wording

This is Zone RSA 5 and therefore was refused for that particular use.

Similar wording

The property is located between Somerset. It's located off of Seltzer Street with 8th Street, Somerset Street being the nearest streets.

Similar wording

It is on a residential block and is a property that is an existing three-story structure.

Similar wording

Again, it was partially renovated.

Similar wording

My client, again, purchased this as a potential investment property.

Similar wording

His plan with this property was to build out two units and allow it to be used as rentals

Similar wording

for a local area hospital, which actually has people that have reached out to him with

Similar wording

interest to rent apartments in the area.

Similar wording

the proposal is to have

Similar wording

the space fitted out into two separate units based on the three stories that exist

Similar wording

so this the basement uh is for hvac mechanical electrical the first floor would be the first

Similar wording

unit with the living room and kitchen with the bedroom. The second floor and third floor is the

Similar wording

second unit with two bedrooms, I'm sorry, three bedrooms total, a family room and the living

Similar wording

spaces in the, I'm sorry, it's bedroom, bathroom, kitchen and family room on the second floor

Similar wording

and then additional bedrooms on the third floor.

Similar wording

There is an existing roof towards the back half of the third floor.

Similar wording

There's an addition being proposed that is going to be part of the back part of the property.

Similar wording

However, the addition itself is not a refusal matter as it is within the dimensional requirements.

Similar wording

So this property, my client and my office tried to reach out to the RCO.

Similar wording

We did not ultimately get a meeting.

Similar wording

However, we have notified the neighbors and we have not had any outreach in opposition.

Similar wording

had any outreach in opposition. And it is my understanding, my client has done outreach and

Similar wording

And it is my understanding, my client.

Similar wording

has generally been met with favorable responses from the neighbors. So essentially, this is to

Similar wording

rehab a property that has been vacant for a long time. And we would ask the board's favorable

Similar wording

review for the proposed use variance as a two-family dwelling. My client is here again to

Similar wording

verify my business. If you would, could you talk about the rest of the block and the area?

Similar wording

Sure. The property is located on a residential block. Let me see if I can pull up the photos again.

Similar wording

so the property is located on a residential block uh there are some vacant properties and

Similar wording

there are also primarily residential properties it is zoned rsa5 it's a residential block

Similar wording

there are other properties that look like they're duplexes however we're not sure if they're legal

Similar wording

or not. Again, with the block makeup, my client has met with some of the neighbors, so he's aware

Similar wording

of the block makeup and the neighbors are aware of his proposed use. And again, based on feedback

Similar wording

from the neighbors, we believe that they're not in opposition to our proposed use of this property

Similar wording

as a duplex. Bring your client on, please. Sure.

Similar wording

Mr. Verona, can you raise your hand again to be identified?

Similar wording

I no longer see your client in the virtual recording.

Similar wording

Oh.

Similar wording

That's surprising.

Similar wording

think okay here they go okay great

Similar wording

i'm sorry i don't know sorry you won't listen to me you've already been sworn just for the

Similar wording

record state your name i'm sorry can you say it again because you've already been sworn in

Similar wording

could you just state your name for the record? Yes, sir. Guillermo Verona. Okay. Counsel,

Similar wording

please proceed. Thank you. Mr. Verona, were you able to see my presentation and hear my

Similar wording

representations to the zoning board earlier? I did. I think I missed the last 15 seconds

Similar wording

because my screen blacked out and I had to log in. Okay. Can you verify what you did here and

Similar wording

what I did represent already to the board is true and correct and adopted as your own testimony?

Similar wording

Yeah, about, you know, turning it into a duplex with the bi-level apartments.

Similar wording

I don't know if you told them I spoke with the neighbors on the block, the homeowners and the block captain and everybody had no opposition.

Similar wording

They're willing to sign, you know, anything that the board might ask for on my behalf.

Similar wording

Mr. Colonel, what's the rest of the block look like for multiple families?

Similar wording

Well, honestly, there's a couple of properties on there. I don't know if that's legit or not, but they do have like two mailboxes, like for apartment one, apartment two, apartment A, apartment B.

Similar wording

Okay. All right. All right. Questions from the board.

Similar wording

Trash. What would the trash be stored for your units?

Similar wording

uh well two two ways uh the first floor have access to the back so they can store their

Similar wording

trash in the back um i could do a uh a roof deck on the back because the structure is three stories

Similar wording

but the back is two stories the third floor is set back yeah i'm sorry yeah i'm sorry so do

Similar wording

either a roof deck or a closet

Similar wording

you know just for that

Similar wording

in the hallway

Similar wording

on the second floor

Similar wording

to be clear that would be off the kitchen right

Similar wording

on the second floor

Similar wording

questions from our attorney

Similar wording

not at this time Mr. Chair

Similar wording

questions

Similar wording

to the virtual audience

Similar wording

is the RCO present

Similar wording

i see no hands chair is there anyone else besides the rco

Similar wording

nope chair no hands at this time planning commission thank you chairman and good

Similar wording

nope chair no hands at this time planning commission thank you chairman and good

Similar wording

morning david effecto with the city planning commission chairman and board members the

Similar wording

comprehensive plan recommends no change to the rsa5 residential single family zoning at this

Similar wording

location the city rezoned this neighborhood in 2018 in accord with recommendations in the

Similar wording

comprehensive plan this property received a rental license for one dwelling unit in 2004

Similar wording

uh or sorry 2024 and residential building permit in january 2025 for a second story addition

Similar wording

there is no unique physical condition or circumstance of this property that prevent

Similar wording

it from being used in strict conformity with the zoning code this is a primarily single family

Similar wording

block face the city planning commission recommends the board deny the proposed use variance for two

Similar wording

dwelling units mi 2025 003 660 38 east seltzer street i vote yes i vote johns my vote is yes

Similar wording

cheryl gaston my vote is yes tenetta graham my vote is yes ryan mcadams my vote is yes

Similar wording

i am with my vote is yes thank you thank you council

Similar wording

Yeah, number nine, MI 2025 003649, 6325 Palmetto Street.

Similar wording

Isaac Slepner is the attorney.

Similar wording

There is unanimous opposition, 80 votes against, from Longcrest Community Association.

Similar wording

isaac slepner will be joining us as a panelist

Similar wording

good morning uh mr chair and members of the board council could you please state your name

Similar wording

going to spell it for the stenographer? Sure thing. Isaac, I-S-A-A-C, Slepner, S-L-E-P-N-E-R,

Similar wording

counsel for the property owner today. Do you swear or affirm to tell the truth,

Similar wording

the whole truth, nothing but the truth? Yes, I do. Do you identify your client and relationship

Similar wording

to the property? My client is 6325 Palmetto LLC, which is the owner of 6325 Palmetto Street.

Similar wording

Okay.

Similar wording

Our vice chair has a few questions.

Similar wording

Good morning.

Similar wording

Have you submitted your documents and exhibits five days in advance of this hearing?

Similar wording

Yes, I did, except that I had technical issues with one of them, and I submitted the correct

Similar wording

item this morning and was in contact with Mr. Hegarty about that earlier this morning.

Similar wording

Okay.

Similar wording

And thank you.

Similar wording

And do you waive the reading of the refusal and stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

All right. Thank you. You can share your screen and proceed with your case.

Similar wording

All right. Will do.

Similar wording

All right. And here we go.

Similar wording

So everybody can see that it's coming. It's up now. Yeah, we have.

Similar wording

OK, great. So this is just my index of exhibits.

Similar wording

So exhibit A is our original application for appeal project info form notice of refusal, which we already stipulated to and read.

Similar wording

and the sort of mailing address list and the letter of my notice to neighbors so

Similar wording

I'm just gonna quickly scroll through this is the sort of mailing as you can

Similar wording

see right number of addresses this is our address list and notice to

Similar wording

neighbors informing them of the RCO meeting which was held on 1113 Exhibit

Similar wording

Exhibit B is the deed in favor of 6325 Palmetto.

Similar wording

They purchased the property in about two years ago at this time, December of 2023, and recorded

Similar wording

the deed on 12-13 of 2023.

Similar wording

I'll just scroll all the way down.

Similar wording

There you can see the full copy of the deed.

Similar wording

Exhibit C is a photo taken, I want to say it was 11-19, because that was 21 days ago,

Similar wording

of the orange poster on the front door of the subject property, 6325 Palmetto Street.

Similar wording

And you can also see a good frontal view of the property.

Similar wording

Now, exhibits D and E, I want to take you through, and this is going to be a bit of a walkthrough.

Similar wording

Exhibit D are the original building plans, and exhibit E are some updated building plans.

Similar wording

So I'll kind of walk everybody through the building plans.

Similar wording

This, as I said, are the original building plans to the property.

Similar wording

The original plan was for five dwelling units at this property.

Similar wording

One of them was originally planned for the basement.

Similar wording

We have ultimately decided that we're going to concede on that one and remove that one from the plan, but we'll go.

Similar wording

concede on that one and remove that one from the plan, but we'll go on into why in just a moment,

Similar wording

but I want to give everybody kind of the physical layout of the place and show the photos as well.

Similar wording

So this is the front porch. This is Palmetto Street right here, and this is the main entrance

Similar wording

to the house. This is the door to Unit 1. That's the door where you previously saw the orange

Similar wording

poster. This is a separate door that goes up the stairs to Units 2 and 3. So Unit 1 is at ground

Similar wording

level. It's an open-plan kitchen living room. There's a small laundry room, the

Similar wording

bathroom, and one bedroom with a closet. Unit 4 is also at the rear and Unit 4 is

Similar wording

a bi-level. Unit 4 is accessed from ground level but at the side of the

Similar wording

house off of one half of the driveway. Unit 4 is also accessed here to rear

Similar wording

windows. Unit 4 is accessed and it's another open plan, living room and kitchen. Then there is a set

Similar wording

of curved stairs that goes up to, you can see over on this side, this is second floor. This is Unit 4's

Similar wording

two bedrooms, hall, bathroom, and some closet space, and then the stairs back down to the ground level

Similar wording

of unit four. The stairs up from the entranceway, this is the second door at the front entrance at

Similar wording

the front porch. These go straight up, and they go to a hall up here, and then this is unit two.

Similar wording

So unit two is the front half of the second floor of the house. Living room, bedroom, closet,

Similar wording

another bedroom or some more open space, bathroom, bathroom and closet, and a third

Similar wording

small bedroom could be considered an office space. Stairs, these stairs continue going up.

Similar wording

This is the entrance to unit three. You've got, it opens into the main space. You've got another

Similar wording

room over here. You've got a double door out to the roof deck over here. You've got a bedroom at

Similar wording

the front and bathroom. My understanding of all of these is that they all have in-unit laundry,

Similar wording

but I'll call my client to testify to that. So exhibit E is the updated plans. After we had our

Similar wording

meeting with the RCO, they seemed very upset about the basement unit and we decided to eliminate

Similar wording

that as a dwelling unit and repurpose the basement for just a storage unit. So you'll see

Similar wording

on these plans we've got the basement marked as mechanical room slash storage. Otherwise the

Similar wording

layout is the same for units one through four. Counsel, counsel, can I ask the question what

Similar wording

how is it used now? Right now it's been built out. My client purchased it and it had already

Similar wording

been built out as these five units. They were brought on and they purchased the unit and have

Similar wording

intended to get the CO for it, which of course first involves getting a zoning permit. We had

Similar wording

a meeting with the community in which they did not respond very positively to us. They voted 30

Similar wording

votes against us. However, we went back to attempt to work in good faith with them and I'll show you

Similar wording

those communications, I've already sent those through to the board, but I'll show you those

Similar wording

again, in which we offered, and we're going to anyway, remove the use of the basement unit as

Similar wording

a dwelling unit. It had been planned as like a caretaker on-site maintenance dwelling unit,

Similar wording

but we're going to eliminate that entirely and just have it be mechanical and storage at that

Similar wording

basement level. There is egress but the community did not seem to look very

Similar wording

kindly upon it. I have photos of the interior and exterior of the property

Similar wording

next that I'd like to also take a look at. So exhibit F is my property photos.

Similar wording

Here is again the front, that's the door to unit one, this is the door to units

Similar wording

two and three. Around this, these driveways are both unique to our property. They are not shared

Similar wording

driveways with the properties on other side. 6329 Palmetto, by the way, and I'm going to go through

Similar wording

this in a moment too, appears to be a multi-unit that was actually never permitted. 6323 to the

Similar wording

other side appears to be a single family but regardless both of these driveways are unique

Similar wording

to our property. This is one of the units, this is unit

Similar wording

This is one of the units. This is unit four, actually, that's accessed from around the side at ground level off of the driveway.

Similar wording

This is the kitchen living room area, and these are the steps to a bedroom that is up here but is not, can only be accessed from this unit, from unit four.

Similar wording

This is a photo of unit one that is at the ground level.

Similar wording