civus
Hearing video

ZBA Hearing - April 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20263h 28m

the current owner, to the current owner, the former owner, which we heard a lot of testimony

Similar wording

about, although he is 90-some-odd years old, and I'm not sure if he's still with us, Clarence Wilson

Similar wording

Jr. owned the property since 1971. The deed is in this packet, and the former owner obtained the

Similar wording

property as a four-unit property. It obtained a use variance for four units back in 1940,

Similar wording

It obtained a use variance for four units back in 1940, which is permit number 13813, attached as part of this packet, which I'll go through and document it in the city's L&I zoning archives, attached to Exhibit 7.

Similar wording

which is permit number.

Similar wording

This shows continual use of the properties of four units, specifically citing the property cert from the city with the classification and legality since 1960, file number 04029.

Similar wording

The property has also been issued multiple permits. These are the recent permits for a building permit, which is an alterations of an existing four-unit building, in addition to mechanical and gas permits as well for the property, plumbing permits as well, and electrical permits.

Similar wording

I just want to go down to the history of the property also having maintained plumbing permits and other permits that have helped maintain and upkeep the property.

Similar wording

As part of the burden of proof is that you have to show that the applicant wanted to have the intent of being done with this use, did not upkeep any of the utilities or any of the services, failed to maintain the property.

Similar wording

and did any kind of physical reconfiguration of the structure that was inconsistent with the prior

Similar wording

four-unit use. There are permits on this property from 2018 and 2020 that was prior to the current

Similar wording

owner, which was the former owner, maintaining the property, replacing the house drain, house

Similar wording

trap, fresh air inlet, all of which shows not a failure to maintain the property, but an active

Similar wording

intention to upkeep the property. The property owner also, although was in his 90s, never was

Similar wording

late on paying property taxes. So there was no intention to abandon the use, to not maintain any

Similar wording

of the services on the property, to not pay the property taxes, all of which were kept in good

Similar wording

working order, obviously, and got through title. Additionally, at the time of sale, which is

Similar wording

important from an intention perspective which we're talking about the prior owner's intention

Similar wording

the current owner gets the benefit of the prior owner's intention again the prior owner isn't here

Similar wording

so we can't have testimony saying that um you know what of what he intended but it is paul and his

Similar wording

client's job to show and the board um to to have affirmative evidence that there was an intention

Similar wording

not a hope dream or a wish but an intention to abandon or fully stop a four unit use as you can

Similar wording

see at the time of sale there were four mailboxes they were not removed they weren't scratched out

Similar wording

they weren't taken out there was four bathrooms and kitchens although not in great shape they

Similar wording

were not removed or demolished there was not an intention meaning there was permits pulled that

Similar wording

showed that he wished to reconfigure the units, remove the bathrooms, remove any of the drainage

Similar wording

or utilities. It doesn't matter that they're not in the best shape. We have to show an active

Similar wording

intention through permits and evidence, not neighbor's testimony, that this was an intention

Similar wording

to abandon this use or permanently stop this use. Short-term vacancy, even long-term vacancy,

Similar wording

does not remove longstanding constitutional rights to have a certain use for a property.

Similar wording

And in fact, the courts have consistently shown that you must show intention because

Similar wording

non-conforming uses are a legally and constitutionally protected right.

Similar wording

Permits on this property, which we have many of them, including the recent ones,

Similar wording

create reliance and vested rights.

Similar wording

So if an owner obtained a permit like my client did and relied on them in good faith,

Similar wording

the city is stopped from revoking these permits and again there is nothing physically showing

Similar wording

any intention or any permits on this record that show that the current owner or the former owner

Similar wording

intended to stop or abandon or change this use just to make mention of again the law

Similar wording

um discontinuance is not for a non-conforming use is one that is no longer being actively operated

Similar wording

or there is evidence that the owner or lessee no longer intends to use the property you have to

Similar wording

show removal of improvements necessary to that use you have to show modifications to the property

Similar wording

that make it unsuitable for the use you have to show lapsing permits or licenses failure to pay

Similar wording

property taxes related to that use.

Similar wording

All of these things have not been shown

Similar wording

um affirmatively in this in this matter at all um additionally courts strictly protect

Similar wording

affirmatively in this in this matter at all.

Similar wording

Additionally,

Similar wording

non-conforming uses as mentioned i think it's also worth mentioning that even um non-use of certain

Similar wording

units is constitutionally protected this was an elderly owner who was in his late 90s so living

Similar wording

in one unit not renting out the others or not running out any of them does not show that this

Similar wording

property was intentionally abandoned or that he stopped at having a four-unit use.

Similar wording

If we apply the actual case law, the former owner's property, personal property and belongings

Similar wording

were still in the property up until it was sold.

Similar wording

Further evidencing continued use of the property.

Similar wording

Again, it was up to date and no permits were ever pulled.

Similar wording

Given he was in his 90s, there's a specific case called the Hannah case that shows that

Similar wording

hardship like old age, limited mobility, et cetera, doesn't constitute an intent to abandon.

Similar wording

The former owner's inability to lease additional units cannot legally extinguish the use.

Similar wording

This was also mentioned in the Keystone case. Even substantial non-use is not abandonment

Similar wording

without evidence of intent. Even if three out of four of the units were not rented,

Similar wording

that reduces its intensity is not cessation. It's not abandonment of an existing property.

Similar wording

The former owner's continued residence is far more than the minimal activity that was upheld

Similar wording

in that case. In Paul's testimony, I think every single neighbor said that he was in the property,

Similar wording

he was still living at the property up until right before the sale when his niece was trying

Similar wording

help him with the sale and helped him you know move away given he was sick again he was 90 and

Similar wording

elderly and his and his up until the sale of this property his belongings were still

Similar wording

in the property as were the completed four unit separate kitchen and four unit configurations um

Similar wording

the uh rest of the archives here are again the long-standing um history of this property um

Similar wording

showing the multifamily dwelling units back from the 60s and 70s. And there is not one

Similar wording

record that has been presented by Paul or his clients that have shown any intent to actively

Similar wording

abandon this four-unit use. And again, it's really not about what anybody feels. It's what the law

Similar wording

can uphold. That's what the board has to rely on. Again, it doesn't matter that he only rented out

Similar wording

one unit. He was in his 90s. He was elderly. That doesn't mean that the rest of the three units

Similar wording

are not viable or that there was an intention to abandon them. There's no permits ever pulled

Similar wording

to reconfigure any of these units. There's many times, depending on market conditions and other

Similar wording

things, where people just don't rent out the rest of their units. Either they can't get the rents,

Similar wording

they have a hardship dealing with it, other things come up. So it doesn't mean that he

Similar wording

abandon it um the last thing i want to mention um is that i know that the board was maybe sent

Similar wording

this can you see my screen with this letter yes um i i was just sent this maybe 30 minutes ago

Similar wording

um the while i appreciate the councilwoman's weighing in on this um our office has had

Similar wording

no opportunity to have any conversations with her and her office up until i called her when i

Similar wording

received this letter, and I know that her office is going to try to have a conversation with

Similar wording

everybody. This letter is just a reinstatement of Paul's client's case. And while I appreciate

Similar wording

a council office wanting to weigh in, this is an appeal against LNI. This is based on facts and law

Similar wording

and constitutional property rights. The fact that the RCO wants this to be a two unit, and it's not

Similar wording

at this point, because unfortunately there's just not evidence to support that, this letter really

Similar wording

does not, you know, have weight. This is a matter of law that has to be decided. And I think when

Similar wording

we discuss this, I just, you know, want to point out a little bit of inaccuracy. When I first got

Similar wording

in touch with Paul, when I got involved with this case, we were open to a compromise. We were open

Similar wording

to having discussions. We were open to collaborating if there was construction concerns or timeline

Similar wording

issues or if they needed wanted some sort of landscape buffering or anything that we could

Similar wording

do to be supportive the conversation was we wanted to be a two unit and that's it so i just

Similar wording

don't appreciate the whatever conversations were had with the council offers or sentiments that

Similar wording

that were made where you know it was said that they attempted to reach a compromise there was

Similar wording

never a compromise given to us it was we wanted to be a two unit and so if it's not a two unit

Similar wording

we're going to move forward with the hearing. So we would have been open to discussions had there

Similar wording

been, you know, any room for discussion. The only thing I wasn't willing to do on the call we had

Similar wording

was like litigate the case with neighbors and Paul when we have to do that in a public

Similar wording

with neighbors and paul when we have to do that in a in a public uh transparent setting and so

Similar wording

Like, uh, trans-

Similar wording

i just want to you know make note of some of the inaccuracies that i'm sure was not the count i'm

Similar wording

not blaming the council person i'm sure this is just what was relayed to them but i just want to

Similar wording

make mention of that uh misstatement um of this and again we are still willing to work with the

Similar wording

neighbors we're still willing to address any construction concerns we're still willing to

Similar wording

address, making sure that we're good neighbors, just demanding that it be a two unit, not a four

Similar wording

unit is not a compromise. Lastly, as mentioned in front of the board a number of times, this was

Similar wording

publicly advertised. This property was on the market for a while. It was being a little bit

Similar wording

tampered with trying to talk to the realtor and telling the realtor what the rights were,

Similar wording

not by any attorneys, but by neighbors. And so there was ample opportunity, given this was on

Similar wording

the public market for any of these neighbors or anyone in the community to purchase this property

Similar wording

and turn it into a two unit or a single family home or whatever they might have liked. So this

Similar wording

was not a private sale. This was not an estate sale. This was not inherited. So if it was so

Similar wording

important that this be a two unit, then it could have been purchased literally by anybody else

Similar wording

to turn it into a two unit. I just sort of request that the board above the law,

Similar wording

which we need to focus on, really hear the facts and clear evidence that, you know, in order to

Similar wording

take away a constitutional property right, you know, all of the law is in favor of the property

Similar wording

owner. All the law is in favor of upholding the constitutional property rights for legal,

Similar wording

existing, non-conforming uses. If we had every situation in this city where we had the ability

Similar wording

to turn it into what we'd like to have it you you guys would never leave that bench because we have

Similar wording

a ton of legal uh non-conforming uh rights in this city and and uses given how much we litigate change

Similar wording

the code legislate and remap these parcels so again mere vacancy is not good enough actual

Similar wording

hard facts and evidence that show intent to abandon and stopping of the use um is is what

Similar wording

we're looking for here. And so I'll pause with that and appreciate the board letting me kind

Similar wording

of go through that. All right. Do you want to talk to your client has been sworn? Yes. Jaden,

Similar wording

are you there? Hi, Rachel. Yeah, I'm here. A couple of things. Have you heard my testimony?

Similar wording

Do you believe it to be true and accurate? And do you adopt it as your own? Yes. When you

Similar wording

purchased the property, did you walk through the property before you purchased it?

Similar wording

uh before closing yes okay and what was the layout of the property

Similar wording

it was uh clearly a four unit with four mailboxes five electrical meters four gas meters

Similar wording

um was there any conversations with you where um it being a two unit was brought up

Similar wording

i believe in one of the walkthroughs i um the neighbor approached me and

Similar wording

asked me what my intention for the property was and then in that conversation he he said

Similar wording

um you know it's a two unit right and then I just stopped there I didn't say anything after that

Similar wording

um I because I I don't I I don't want to um uh have any arguments for other than that yeah

Similar wording

um and did you uh yourself or representative apply for the building permit for this property

Similar wording

yes and you and the billing permit was for is for just the alteration of the four unit structure

Similar wording

correct and same with the mechanical electrical and plumbing permits for this matter correct

Similar wording

um only last thing i think i want to um ask you is that um would you affirm my testimony

Similar wording

that we did meet in good faith with Mr. Boney and his clients to discuss any concerns that they had

Similar wording

when we found out they filed an appeal against this matter? Correct. Would you affirm that there

Similar wording

was no compromise offered in those conversations? I object, if I could just interject for a minute.

Similar wording

I want to object to any testimony about settlement negotiations. It wasn't settlement

Similar wording

negotiations you put it in a letter paul you put it in a letter that yeah i'm object

Similar wording

so that's my objection okay i understand um will rachel please proceed with it

Similar wording

okay i just want to let jaden confirm that i'll get i'll say it this way would you confirm jaden

Similar wording

that we we we were um open to conversations with the neighbors around any concerns that they had

Similar wording

um open to conversations with the neighbors around any concerns that they had for this property and

Similar wording

are willing to be good neighbors both through the went through the acquisition and through

Similar wording

construction and after that that we're still open to being good neighbors and making sure that their

Similar wording

concerns are met short of turning the property into a two-unit structure yes okay have you had

Similar wording

any neighbors reach out to you or have any concerns during the construction um no okay

Similar wording

and if you did i just want you to affirm that we'll be willing to work with everybody to address

Similar wording

any of those concerns correct thank you i'll pause for for now i pull cross sure uh good morning mr

Similar wording

chen good morning good morning where are you today sir pennsylvania or elsewhere i am currently in

Similar wording

seattle washington okay do you live in washington state i do okay you own other rental properties

Similar wording

in philadelphia other than 3411 bearing is that correct correct and you've had those other

Similar wording

properties for several years correct correct you maintain philadelphia city of philadelphia

Similar wording

rental licenses for each apartment that you rent out

Similar wording

not currently i think one of the requirements for a lead test i think i recently acquired so i need

Similar wording

to submit that to get the permit can i object to the relevance of talking about any other property

Similar wording

besides 34 11 bering street i don't think that's relevant he's not on the stand for anything else

Similar wording

but 34 11 bering street well would you want to answer that yeah i'm asking him about his

Similar wording

understanding of rental licenses which is a part which is a part of this case he has it's not a

Similar wording

part of this case well this is about we we agree to disagree about that no the appeal is against

Similar wording

ellen i for a building permit issued for a four a four unit building the chairman asked me to respond

Similar wording

and that is what i'm trying to do okay perhaps you'll happen perhaps you'll have an opportunity

Similar wording

when i'm finished to speak again so at this point it's the floor is mine so the only thing i would

Similar wording

say is i i do agree with her this is about ellen i and and whether that they acted correctly so i

Similar wording

think i i agree with where she is right now okay okay i wanted to ask him if he has he says he

Similar wording

does not have rental licenses um maybe i just want to make sure we're on this uh we're clarified

Similar wording

about that again there was an objection and then the chairman sided with the objection so you have

Similar wording

to now ask a different question or ask it in a different way i mean i'll move on all right thank

Similar wording

you thank you um you have someone local here given that you're on the other coast you have someone

Similar wording

local here in philadelphia that looks after your properties again i'm gonna object chairman this

Similar wording

is a hearing for an appeal i'm aware i'm aware i i think i think this is irrelevant i think the

Similar wording

question would be is do you have someone that would look at this property that's fine do you

Similar wording

have someone local here in philadelphia that looks after 3411 bearing yes okay let's talk about your

Similar wording

purchase of 3411 bearing um again chairman i'm just going to put it for the record that i'm going to

Similar wording

object to anything that doesn't have to do with the appeal against lni well okay i hear what you

Similar wording

said but i think i'm going to let him proceed with relative to this property and only this property

Similar wording

because this is the one that L&I has the issue with.

Similar wording

So as your counsel said, you closed on this in the second half of May of 2025.

Similar wording

Is that correct?

Similar wording

Around that time, yes.

Similar wording

Okay.

Similar wording

And you said on your direct that you visited the property before you put it in offer?

Similar wording

Is that correct?

Similar wording

uh or did you visit before you signed an agreement of sale yes i i visited before i closed okay and

Similar wording

did you walk through the property yes approximately if you can remember how many times did you visit

Similar wording

the property prior to closing once or more than once once okay on on that occasion is it fair to

Similar wording

say that you did not meet any tenants of the property um i it was vacant okay uh is it fair

Similar wording

to say that at no point have you ever seen any leases for any part of the property at least since

Similar wording

since 2010 or so is that fair to say

Similar wording

2010 or so. Is that fair to say?

Similar wording

i already in 2025 paul i i understand uh i'm asking if he's seen any leases for the property

Similar wording

in recent history i i believe that's not part of the sale that the real estate agents is required

Similar wording

to show i i'm not saying what's required or what's not i'm just asking what isn't it true that you

Similar wording

that you haven't seen any leases that's correct I have not seen any lease thank you prior to the

Similar wording

closing is it fair to say that you understood that there was a question about whether the

Similar wording