they're a responsible property owner. So in their listing for Airbnb, they have quiet hours from 10
p.m. to 7 a.m. on week, weekly days and 11 a.m. to 8 a.m. on weekends. And they actually have a
fine policy of $500 if there's any violations of any noise or rules, excuse me, any rule violations
regarding noise or other rule violations. They also have, they put into their property a noise
meter where it's an app where if it reaches above a certain decimal level, they get notified. And
And then, obviously, the first time they tell their tenant, hey, you're above those parameters, which we allow, if you exceed those parameters again, you will face that fine.
And then there are amenities.
Again, this is, you know, again, a beautiful place, and you'll see it.
But it's really meant for families.
You can see one of the amenities is a crib, a pack and play, children, books, and toys, children's dinnerware, and board games.
they're not looking to have you know parties there for for their their tenants and you know
they're very careful about who they select as their tenants and then their reviews again 4.97
uh out of 122 reviews so again they're well regarded as as an as a landlord and you know
given their the petition that they circulated you know and the people that are in support of it
and clean people on that block,
we would ask the board to grant a variance
with way of a proviso of a temporary variance.
And then maps of the area.
Again, this is an RSA-5 property.
We're actually surrounded, as you can see,
by RM1 use, CMX2 use, and CMX1 use.
Again, we're not trying to increase the density of the property.
We're merely looking to use it as a single-family dwelling
just on a short-term basis
rather than the long-term basis.
And then again, this is a Google Maps perspective as well.
And then photographs of the property.
It's a beautiful property.
If you look at it, you know, right here is a two-story structure,
the proof of mail, proof of posting of our notice for today's hearing.
And then this is Nardane Street to the right of the property,
Nardane Street to the left of the property.
And then the interior photos.
I mean, they really, this is what the property looks like.
The last thing they want to do is become a nuisance to the neighborhood.
And I think that's the stigma that some Airbnbs have where it's going to be party central.
That's the last thing they want.
You know, again, this is where they stay two months out a year.
So they have nice furniture, nice fixtures, you know, nice accommodations.
you know, this is the lesson they want is to have some deplorable tenants in their property.
You know, this is the last thing they want is to have some.
And then this is just their floor plans. Again, just pretty basic, open floor area,
living room, kitchen on the first floor. There is a lower level with, it looks like a full bath
and again, another living arrangement. And then there's two bedrooms and actually three bedrooms,
I'm sorry, on the on the second floor and with one, excuse me, two bedrooms, one in the front, one in the back and then a bathroom.
And then the RCO meeting notice we met on March 20, 2023 at 7 p.m., 142 addresses were notified of that meeting.
The list of the addresses, proof of mailing to those addresses and their application appeals showing that Jeffrey Whelan and Faith Whelan are the owners of the property.
And then also our deed to the property showing that they purchased it for a significant amount, $530,000.
It would be financially devastating for them to have to, especially in this market, either sell the property.
And I don't think they could even rent it for what they paid for based on their monthly mortgage.
And then there's a second tax plan.
So with that being said, I'm going to unshare my screen.
I'm going to ask that either Jeff or Faith virtually raise their hands and be sworn in.
Mr. Whalen, please unmute yourself and wait for the chair.
Hi, could you state your name, please, and spell it for the court reporter?
Jeff Whalen, W-H-A-L-E-N.
do you swear or affirm to tell the truth
the whole truth and nothing but the truth
proceed counsel
oh yes Mr. Rowling you heard everything I had to say today
about your zoning matter
and is it true and correct
true correct
and do you adopt it as your own testimony
thank you
questions from the board
No, Chair.
No, Chair.
No, Mr. Chairman.
Questions or comments from the virtual audience?
I see no hands, Chair.
Planning Commission.
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission board members.
I want to take a moment just to correct the record with regard to the legal status of visitor accommodations in residential districts.
The 2020 zoning ordinance didn't change the basic rule prohibiting full-time use of a dwelling unit as a short-term rental.
This type of absentee management where the owner doesn't live in the unit has been illegal since the first short-term rental zoning regulations became effective in roughly 2012.
What's changed since the passage of the 2020 ordinance is that there's now a licensing and enforcement mechanism.
So this seems to come up a lot.
I just wanted to correct that for the sake of the board's knowledge.
In 2019, the zoning map was amended in this area from RM1 to RSA 5 in accord with recommendations from the comprehensive plan.
Bottom line here is that the appellant has not shown evidence of a hardship that prevents them from using the property in accord with the requirements of the zoning code, namely as a dwelling unit.
And so the City Planning Commission recommends that the board deny the variance.
MI 2022, 007-564-1637 North Dane Street. I vote yes. Proviso. Temporary variance expires 5-4-26.
My vote is yes with Proviso.
James Snell, my vote is yes with Proviso.
Ishmael Shaheed, my vote is yes with Proviso.
Thank you, counsel. Number three, MI 2022-007-562-3974 Reno Street. Alan Nockamson is the attorney. Recommendational support from the Mantua Civic Association. Mr. Nockamson, just state your name for the record, please.
he's coming back in as a panelist here okay uh yes could you just just state your name for the
record alan and could you identify your client the relationship to this property
yes let me just get my notes um yes bluestone real estate llc uh and in the virtual audience
Yes. Bluestone Real Estate, LLC. And in the virtual audience is Omar Aziz.
Are you sure about that? Alan, I have Kareem Properties. No?
3974 Reno? Yeah. 3974 Reno. We'll take a look at the deeds.
Okay. All right. Okay.
Just a few questions for you from our vice chair.
Good afternoon, counsel.
Do you agree to weigh the reading of the refusal and stipulate to its accuracy?
Have you emailed in all the required documents and exhibits
that are needed to proceed with this case five days in advance of this hearing?
Yes, we have.
thank you and i do have one correction um at the conclusion of my presentation uh ghazi
will who who's a representative of the llc uh will virtually raise his hand
be sworn in and then to adopt my testimony as his help
okay so 3974 reno street is in the heart of manichua section of philadelphia
And what we're looking to do here is a two family dwelling, and as you can see, or you will see from our presentation, it's not out of character, and it has the full support of the community in that respect.
So we'll review the notice of refusal, the letter of support from the Mantua Civic Association, the property history, which has a greater density than what we're asking for, maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice, where you'll see proof of mailing of that notice, where we had a well-attended meeting where the community, I believe, voted unanimously in support of our project.
our application for appeal that we filed with the ZBA, our deed to the property, which we'll see,
I believe, Bluestone Real Estate LLC is the only property, and a certificate of tax clearance
showing that the property owner is in good standing with the city with respect to real
estate taxes. At the conclusion of my presentation, again, I will ask Mr. Ades-Evin to virtually raise
his hand, be sworn in, and to adopt my testimony as his own. Notice the refusal. So this property
is an RSA 5 district. And what we're seeking to do is a duplex. We're not trying to overuse the
property in any way, especially given its past history of having a much greater use.
And that's shown by the fact that we have no dimensional variances as well. So a letter of
support, as you can see, we've received unanimous support from the community at a well-attended
meeting uh property history i looked at atlas according to the property history at one point
this property was a quadplex plus a doctor's office so five units all we're looking to do
i just want to confirm this is two units and then maps of the area um as you can see we're just off
the 40th street we're the first house on reno off of 40th street but there's an ample amount of
multi-family use around there and within the character of this neighborhood. Again, this is
from a Google Maps perspective. There's also ample public transportation around as well.
And then photographs of the property. This is the front of the property. It's currently a vacant lot.
Has been a vacant lot as far back as 2007. And that's as far back as I can find because that's
as far back as Google Earth goes.
So this has been a vacant lot for some time.
I suspect because of the fact of the zoning classification
makes it rather difficult to build,
but we want the opportunity to build this as a duplex
in the neighborhoods in support of that endeavor.
And then here's our orange posters showing proof
that we notified the community of today's hearing.
Reno Street's a writer property.
I would point out this.
This is a porch neighborhood. So we try to incorporate that design with our own project.
And then this is just a site plan. Again, no dimensional variances. I will point out this.
There is an alleyway, which we have access to, which we also said to the community that we're going to improve because we're going to use that alley where residents will be able to store the trash in the rear for both units.
And they would there would be trash removal from the rear through the front of the property.
And then, as you can see here from the renderings, we are recreating the look and feel of this of this neighborhood by way of a porch, brick facade, lentils and a corner slide.
brick facade lintels and a corner slide and then simply you know this is a straightforward duplex
And then simply, you know.
you have two units you have one in the front obviously in the first floor and the lower
level you have another unit on the second and third floors the unit in on the first and first
floor and the lower level will have access to the rear yard as their recreational space
while the unit on the upper second and third floors will have access to their roof deck.
RCO meeting notice, we met with the community on April 20th at 5.30 p.m.
165 addresses were notified of that meeting.
Here's the list of addresses, proof of mailing to those addresses,
our application for appeal showing that Bluestone Real Estate LLC is the owner of the property,
along with their notice of refusal in the project information form.
And here is our deed to the property.
I believe it shows.
Oh, no, you're right.
I'm sorry.
It's Kareem Properties, LLC.
So that's my fault.
No, I'm not right.
My attorney's right.
She's always right.
So anyway, so I apologize for that mistake.
And yes.
So anyway, and they owe no money to the city of Philadelphia,
which is the most important thing.
their tax compliance. So with that being said, I would ask that Mr. Ida Seven virtually raise his
hand. Could you state your name, please, and spell for the court reporter? Mr. Chair, this is
Hillary. We have another development in the deed saga. Mr. Goldberg just emailed me an updated
deed the owner is actually bluestone real estate now so that's that's who we have well like i said
you're always right hillary there you go you caught us we transferred the property as the
hearing was going on is your client in the audience i i think so mr asad can you virtually
raise your hands. Yes, I think. Hi, could you state your name, please, and spell for the court
reporter? Yes, my name is Gazi Joe Araseven. G-A-Z-I-J-O-E Araseven. Do you swear or affirm
to tell the truth, the whole truth, and nothing but the truth? Yes, I do, sir. Proceed. Yeah,
Mr. Araseven, you heard everything I had to state about this zoning matter. Yes, I have heard.
And is it true and correct? Yes. And do you adopt it as your own testimony? Absolutely, yes.
Thank you.
Questions from the board?
No, Mr. Chairman.
All right.
Questions or comments from the virtual audience?
Here, I see no hands at this time.
Planning Commission.
Thank you, Chair Bergman.
Ian Hegarty for the Philadelphia City Planning Commission.
Board members, in 2017, the zoning map was amended in this location with recommendations from the comprehensive plan
and in consultation with Mitchell Civic Association.
However, the proposed two-family use is consistent with adjacent properties
and less intense than the prior legal use of the property.
City Planning Commission recommends that the board grant the variance.
Thank you. MI 2022-007-562-3974 Reno Street, I vote yes.
Thomas Thomas, I vote yes.
James Snell, I vote yes.
thank you number four mi 2022 005 548 1052 to 54 roy street um
letter of opposition from nicetown tioga applicant did provide a petition support
by five neighbors and two letters in support six form letters also came in from neighbors