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Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number three.

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Mr. Palmer will be voting on this case. MI 2022-007-103-2926 West Oxford Street.

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I vote yes, with provisos. No sleeping, accommodations in basement, maximum three units.

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unit. Thomas Holloman, my vote is yes, with proviso. Ishmael Shahid, my vote is yes, with proviso.

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LeVar and Leonard Palmer, my vote is yes, with proviso. Thank you. We're going to go to our

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regular list. Number one, MI 2023-000-130-1130 Carpenter Street. Meredith Feralacker is the

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attorney. Letter of support from the Hawthorne Empowerment Coalition. Applicant also provided

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letter of support from owner of residence for adjacent properties at 1128 1132 and also a

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petition signed by five neighbors she's coming back in as a panelist now chair hi could you

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state your name please and spell for the court reporter sure meredith ferliger f-e-r-l-e-g-e-r

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1500 market street suite 3500 e do you swear or affirm to tell the truth the whole truth and

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nothing but the truth. I sure do. Could you identify your client and relationship to the

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property? Certainly. My clients here today are Anna Lamb or Na Lamb as it is shown on the deed

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and Alec Ma who are the owner of property at 1130 Carpenter Street. And our vice chair has a few

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questions. Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? I do. Have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of this hearing? I have. Thank you. Please proceed

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and share your screen. Thank you. I hope you can see my screen. It is shared right now. Great.

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In addition to the owners of the property, Ana Lam and Alec Ma, who should be on the virtual Zoom

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today we also have our architect alex dollar with fusa designs here if there's any specific

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questions related to the design itself mr chairman members of the board the incomplete history of

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this property is ultimately what brings us before the board today to reapprove the long-standing use

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of this property as three dwelling units i will walk you through the background and then i can

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quite efficiently sum up the clear hardship as it relates to the use of this property.

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As you note, we did receive a letter of support from the Hawthorne Empowerment Coalition,

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which is in our exhibit packet at tab 15, and we did also include petitions of support

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and letters of support from near neighbors on this block. Alec and Anna purchased this property in

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December of 2022 and immediately hired an architect to start working on plans for the

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renovation of the aging structure. Alex's elderly parents live in the Hawthorne community and are in

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need of a new place to live. It was his intent in purchasing this property to have his parents move

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It was his intent in purchasing this property to have his parents move into one of the newly renovated units.

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into one of

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Now, in working with the architect and myself, we quickly realized the permitting discrepancy that requires remediation.

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This request relates to 1130 Carpenter Street in the city's Hawthorne neighborhood.

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As you can see on the zoning map up on your screen at Exhibit 7, the property sits on Carpenter Street between South 11th Street and South 12th Street.

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The property is zoned RSA 5.

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I'll bring up some photos at Exhibit 16.

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I have some more zoomed in photographs as well.

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You can see this is an existing three-story brick structure.

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And as I will explain, this property currently contains three, arguably four, separate living

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spaces. Briefly, if you refer to some of the interior photos that I've included in your packet,

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let me zoom in a little bit on this, you will note an unfinished cellar, which will remain

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in relatively unfinished condition, and three clear apartments. Unit one is highlighted in red,

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first floor, kitchen. Unit two is highlighted in blue, and unit three is highlighted in green.

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Oddly, there is also a separate space identified as unit four. Floor plans reflecting the existing

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condition is shown up on the screen now at tab five, and this is where you can see this really

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strange, what is separately identified as unit four, although we can't imagine how it was ever

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used this way. The permit history for the property is shown at tab nine. And what you will note is

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that the property, since at least 1987, has contained three apartments, which was granted

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by variance. As I learned when I applied for an updated use permit to confirm the longstanding

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in use as three family. The examiner responded to me, and you'll see her response here up on the

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screen, noting that a permit was apparently never picked up back in the 80s when the variance was

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granted. Now, given that the structure was ultimately converted to three apartments,

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I suspect there probably was a permit at some point that has just evaded identification or

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has been misfiled. Alec and Anna are proposing a comprehensive renovation of the property to

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update and modernize the three units. Proposed floor plans are now shown on the screen at tab

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six. The seller will be used for washer dryer space for units two and three, as well as storage.

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Unit one, which is the unit that's being designed for Alec's parents, will be a one-bedroom unit of

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600 square feet. Unit two and three are two-bedroom units of between 610 and 650 square feet. Each of

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the unit will have a ventilated trash room, and community trash will be stored in the rear yard

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for pickup. Now, of course, regarding the refusal, because the property is zoned RSA 5,

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the application was refused for the multifamily use. However, as the board has seen from the

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evidence we presented today, the three dwelling units have existed since at least the 1980s

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and would be considered legally non-conforming given their continuous use for the last 40 plus

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years. This request is simply seeking to modernize and renovate the long-standing units for the same

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three total units. The hardship here is quite simple. It would be a considerable hardship to

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return this structure to a single-family use, given its long-standing multifamily history.

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Furthermore, the zoning code would not require such a conversion for a long-standing non-conforming

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use. If the board is interested, I do have several cases referenced to confirm it would be unreasonable

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and by no means the least minimum variance to ask a property owner to convert a structure back to

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single-family use after a long history of multifamily use. It also goes without saying

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that this is not a self-imposed hardship, as my client just recently purchased this property

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and is undertaking this process to ensure the property has all of the up-to-date permits in

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place. The proposal is further consistent with the area, which includes a mix of single-family

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and multi-family uses. You will see permits for other multi-family uses on just this block at

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Exhibit 11, and I did include a summary map, which you'll see up on the screen, showing two, three,

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and even five unit dwellings on this same block. Accordingly, we submit this proposal

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five unit dwellings on this same block accordingly we submit this proposal will not increase

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congestion harm neighboring properties or impair light and air a full analysis is provided in the

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memo of law i've submitted to the board at exhibit 12. with respect to the community hawthorne

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empowerment coalition's letter of support is in the packet in addition to signatures and letters

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of support from your neighbors.

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At this time, I'd like to call up Anna Lamb

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to adopt my testimony.

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Anna, if you want to hit the raise hand button

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and wait to be unmuted.

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Chair, we have Nye Lamb with his hand up.

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Okay.

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Mr. Lamb, please unmute yourself and wait for the chair.

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Could you state your name, please,

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and spell it for the court reporter?

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Nye Lamb, N-A-H.

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LAM. L-A-M. Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir. Proceed, counsel. Thank you. Nah, have you heard all of the testimony and evidence that I have offered to the board today?

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Yes. And would you agree that that testimony was true and accurate, and would you adopt that testimony as if it were your own?

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Yes. Thank you, Mr. Chairman. I'm happy to answer any questions.

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Questions from the board? No, Mr. Chairman.

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no chair no chair questions or comments from the virtual audience

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i see no hands at this time chair planning commission good afternoon chair bergman

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members of the board ian hegarty here for the philadelphia city planning commission

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last name spelled h-e-g-a-r-t-y welcome back by the way thank you very much do you swear

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a firm to tell the truth, the whole truth, and nothing but the truth? Yes, I do. Proceed. Thank

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you. Board members, the comprehensive plan recommends no change to the existing RSA 5

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single-family zoning at this location. However, the proposed use is consistent with the documented

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prior use on the property and the existing physical configuration of the building. The

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City Planning Commission recommends that the board grant the variance. Thank you. MI 2023-000-130-1130

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Carpenter Street, I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, counsel. Thank you. I'll be back. I have another one.

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I understand. Number two, MI 2022-007-564-1637 Nordane Street. Alan Nockamson is the attorney.

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there is a letter of opposition from the center city residents association

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mr sherrett this is hillary i want to let you know that we also

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just received a letter of opposition from councilman johnson okay

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chair mr nackamson is coming back in as a panelist now okay

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

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n-o-c-h-u-m-s-o-n do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do could you identify your client in relationship to the property uh yeah let me

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just get my notes here so i take your time i have a decent amount of no i think so yeah

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uh all right um my clients are jeff and jeffrey and faith wellen uh the owners of the property

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and they should be in the virtual audience okay our vice chair has just a few questions

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good afternoon counsel do you agree to waive the reading or the refusal and stipulate to

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with accuracy? I do. Have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of this hearing? Yes, I have. Thank you. Please

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Please proceed and share your screen.

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Hi.

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So I'm here to present 1637 Nardine Street.

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This is in the Graduate Hospital section of Philadelphia.

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It's a pretty straightforward case.

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I know that there is opposition from the Center City Residence Association.

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I would say this, that I believe it's their policy to deny this type of use of a short-term

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accommodation such as a merit of A&B. I don't think it really has much to do with the merits

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of the case, and we'll review that throughout my presentation. So first, we'll review the

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So first, we'll review the table of contents. It's the notice of refusal, correspondence from the Center City Residence Association, a petition that we circulated to nearby neighbors, and a letter of support from nearby neighbors.

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Table of Contents is the Notice of Refusal, Correspondence,

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uh nearby airbnb listings so it's not uncommon to have airbnb listings um um available uh nearby

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and i actually said graduate hospital i mistakenly said stated that that's it's more of center city

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we are we're north of uh south street um then a little bit about this listing in particular

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in this property i have in the airbnb listing about this place so we'll learn a little bit about

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it um and about the amenities which is the next exhibit also we'll review uh the reviews my client

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has received um they have received 4.97 uh stars for you know their accommodations maps of the

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area photographs of the property our interior drawings um are just basic floor plans uh proof

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of our meeting with the group by way of a rco meeting notice and mail in that notice our

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application for appeal, our deed to the property, showing that Jeffrey and Faith Whelan are the

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owners of the property and our certificate of tax credits. At the conclusion of my presentation,

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I'll ask Mr. Whelan to virtually raise his hand, be sworn in, and to adopt my testimony as his own.

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So this is a notice of refusal. This is an RSA 5 property, and we're being denied merely because

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we're trying to do short-term accommodations, essentially accommodations less than 30 days.

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And as the board knows, the rules have changed recently with regards to these short accommodations,

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where previously this use was allowed as a right. And a few years ago, City Council passed an

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ordinance requiring special governmental approval for these use. I would argue that the use that

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we're seeking uh is a non-conforming use my clients purchased this property before the change

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in the ordinance and just a little bit of background and why these are special circumstances

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my clients currently live out of town they have a family their their parents live in uh in

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philadelphia they would like and they're elderly and they'd like to visit the parents you know with

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their family on a consistent basis. So they purchased this property in February of 2020

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for a significant amount, $530,000, expecting to be able to use this property for their own purposes

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six to eight weeks out of the year. In order to make this work and be viable, they also plan to

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have short-term accommodations for this property. So it's not like an investment property where,

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okay, they can rent this out long-term if this doesn't happen. It would defeat the purpose of

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why they purchased this property for $530,000. And you'll see how well maintained they keep

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this property through the pictures and that significant expense. But instead of having

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hotel accommodations themselves, six to eight weeks out of the year, which would be cost

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prohibitive to them they thought that this would be a sound uh path forward and again unfortunately

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the law changed after they purchased the property it's not like they purchased the property hoping

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to do visitor accommodation and seeking special governmental approval through this board

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the law at the time of purchase allowed them to have this use thus this is a non-conforming

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property and we're asking the board to merely legalize that non-conforming use

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So we do have correspondence from the Center City Residents Association.

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Of particular note, the Center City Residents Association, first of all, gave us a fair forum, listed to our presentation, but they don't take votes of the community.

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They have an executive board that merely hears the merits of the case, and then they decide amongst themselves as an executive board the position that the Center City Residents Association takes.

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Again, unfortunately, they have made a policy decision to deny any Airbnb use of this type.

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So again, they have not heard the actual merits of our case, and we would ask that the board

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actually consider those merits, especially given the fact that my client spent a significant

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amount of money on a piece of real estate in the city of Philadelphia prior to a change

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in law, and they're not looking to create a situation where they're taking an RSA by

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property and increased density. They're not taking a situation where they have a property that's RSA 5

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that did not allow visitor accommodations at the time of purchase. It's a change in law. It's an

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unfortunate change in the law. If this board feels so inclined, I would ask that the board grant it

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If this board feels so inclined, I would ask that the board grant it with a proviso, with a temporary variance.

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with a

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Thank you very much.

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Again, you'll see from the reviews, my client is a stellar landlord for short-term accommodations.

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And you can see from the pictures that they take this rather seriously.

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So they did circulate a petition around.

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You know, again, you can see that 610 Rodman Street, which is close by, 620 Naudain, 641 Naudain, 1640 Naudain, and 1702 Rodman, all signed the petition.

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And then separately, you know, again, nearby, we had 408 South 19th Street sign a letter of support.

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And then 1702 Rodman Street, two individuals signed a letter of support.

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So, again, it's not uncommon to have this type of use in this vicinity of the city.

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because we're close to center city again we're just north of south street we're between 16

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and 17 street and as you can see we're not even the only airbnb on this block so we're not out

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of character what our use is not out of character to what you would expect in this part of town

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and then about their place so a couple of things we were talking about how they're reviewed and

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you can see this is a 4.97, 122 reviews. We took that screenshot, I believe a few months ago. So

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there may be additional reviews as well. Just like they're highly rated as a landlord for

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short-term accommodations, they take it very seriously because this is their living arrangement

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for up to two months out of the year on average. They actually only accept occupants who are rated

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as well by Airbnb. Not many people know that, but the occupants themselves can be rated by

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the landlords of Airbnb facilities. And they only take people who have the high ratings just like

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them. In addition, they take you very serious about the fact that they want to make sure that

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