ZBA Hearing - February 1, 2023

Thank you.

Have a look, LaKeisha.

Okay, Chair, we have 37 attendees and we can start as you wish.

Thank you.

Good morning.

My name is Bill Bergman and I will be chairing this morning's ZBA hearings.

With me is Ismail Shahid, our vice chair.

Present, Mr. Chairman.

Thomas Holliman, our board member.

Present, Mr. Chairman.

And LeBaron Leonard Palmer, who will be filling in on the board today as a voting member.

Good morning, President.

Thank you.

Thank you.

Also here is our attorney, Hillary Emerson, and Lakeisha Dandy, our ZBA hearing supervisor.

Be advised these proceedings are being recorded. By participating, you acknowledge your agreement

to be recorded. The video will be available by contacting tanyasunkit at phillip.gov.

For the benefit of our court stenographer, we ask attorneys and witnesses to identify

themselves before testifying. If you're participating by phone and you wish to testify,

press star 9 to raise your hand and star 6 to unmute. To enter the appearance statement, call

267-270-5548. Leave your email address and the address of the property in question. And finally,

the question and answer box on the screen is not for comments or testimony. Any comments should be

referred to our Executive Director, Tanya Sunken. Let's look at continuances on the 930 list.

Number two, MI 2022-005-088-4913 North Lawrence Street. That case is continued.

Number four, MI 2022-005-082-5600 North Sydenham Street. That case is continued.

And number 12, MI 2022, 005085, 4811 Spruce Street, that case is continued. Is there anyone who has

comments or questions about the three cases I just continued? Mr. Chair, this is Hillary. I just

wanted to clarify that that last case you continued was 4611 Spruce Street. Oh, I'm

sorry 4611 screw street thank you thank you good morning mr chair this is jason and i do not

see any hands raised for those cases okay thank you and no exhibits i have one case

Number one, MI-2022-005-083-1314-16 Marlborough Street.

That's Vern Anastasio is the attorney.

Mr. Anastasio, it's been a long time to speak.

Thank you.

Good morning, Mr. Chair.

Good morning.

Could you state your name, please, and spell for the court reporter?

Sure, of course. Vern V, like Victor, E-R-N, Anastasio, A-N-A, S-T-A, S-I-O.

Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

I do.

Counsel, are you representing that client?

I am, Mr. Chris Jurek, and we are withdrawing this case.

Thank you very much, Sheriff.

Thank you.

So MI 2022-005083, 1314-16 Marlboro Street, that case has been withdrawn.

Mr. Anastasio, we'll be back to you shortly.

Thank you.

We're going to go to our add-ons.

We only have one today, MI-2022-004-798-3964 North 7th Street.

I vote yes.

Thomas Holloman, my vote is yes.

Ishmael Shaheed, my vote is yes.

Ishmael Shaheed, my vote is yes.

You

We're going to go to our regular list.

Number three, 2022-005-084-1029.

Excuse me, Mr. Chair.

This is Hillary.

I'm sorry.

Okay.

Sorry, Vern.

Number nine, MI-2022-002-159-1944, Caster Avenue.

Justin Crick is the attorney. We do have, I believe, an RCO letter now in hand

in opposition, and we also believe the council person's office is in opposition.

Yes, Mr. Chair, this is Hillary. We just received the letter

of opposition from the council office as well as the RCO. Thank you.

Mr. Crick's been allowed to speak. Hi, Mr. Crick, could you state your name and spell for the court

reporter? Yes, Justin Crick, J-U-S-T-I-N, last name K-R-I-K. Right. Do you swear for him to tell

the truth, the whole truth, and nothing but the truth? Yes. Could you identify your client, please?

Yes, my client. Relationship to the property? Yes, my client's name is Arik Dayan, and he is the

record owner of the subject property at 1944 Caster Avenue. All right, our vice chair has a

few questions for you. Good morning, counsel. Do you agree to waive the reading of the refusal

and stipulate to its accuracy? Yes. Have you emailed in all the exhibits that were required

for this case five days in advance of this hearing? Yes. Thank you. Please proceed and

share your screen. Thank you very much. All right. Members of the board, we're here today

on a and an application uh are you able to see the the pdf at this time

we were now we don't okay let me do that one more time i apologize

um is this is this right now it's up thank you thank you very much all right so uh members of

the board, this is an application for essentially what is actually the legalization of a two-dwelling

unit residence in an existing structure. The property is located at 1944 Caster Avenue,

and a refusal was issued because the property is situated in an RSA 5 district,

which prohibits the use of more than one dwelling unit. As indicated here, the refusal is only

the use refusal and for two units in that structure. For a geographical background,

the property is located and fronts on Castor Avenue between Emerald Street and Glenwood

Avenue. It is situated in a row home configuration where the majority of the block, as can be seen

in this photo, is RSA 5 with commercial mixed use on some of the local corners.

um from a stand this exterior of the property is located uh as you can see it kind of fits in line

with the the remaining properties characteristics on the block um our frontage again is is situated

between two other homes and it is essentially the the owner of the property purchased the property

in late 2018, at which time it was represented and marketed as an RM1, as a multifamily dwelling.

This owner, Mr. Dayan, the applicant, had purchased the property with the intent of

living in the first floor space and renting out the second floor. However, due to employment

matters and change of situation, the applicant and owner is now residing or spends the majority

of his time in California. And after that situation happened, this was right around

the beginning of 2020. In early 2020, the applicant received the violation that the

property was not allowed to be used as two units. With his relocation to California,

He had an individual, a good friend, residing on the first floor in his place, and we have

since filed for the application for the legalization.

The interior characteristics of this building are such that the first floor basement area

is set up as one unit, though there is no dwelling and no habitation or sleeping in

the basement of that unit, and the applicant understands that and is prepared to accept

that proviso, and those terms have always been enforced with the parties that had resided

in the property.

But the property also is structured in a way that each unit already does have

But the property also is structured in a way that each unit already does have and has its own kitchen facilities and separate bath facilities.

As you can see in here, these are some pictures of the first floor.

The rear has the kitchen, dining room.

This is a photo of the bathroom of the first floor.

And I apologize for the orientation of this top photo, but there's an interior vestibule from when you come in from outside that has, you know, distinguishable separation between the unit on the first floor and then a stairwell to go up to the second floor.

floor. This is a photograph of the kitchen on the second floor as well as first floor

habitable space where the occupant resides and sleeps and so forth. The basement is used

for laundry and storage purposes only and also recreation. I believe that they may watch

some TV down there. And as you can see here, the second floor has its own separate entrance way

from that vestibule leading to the upstairs. Second floor bathroom is to the right.

And this applicant, I'm sorry, this tenant uses the one bedroom. Each unit is a one bedroom unit

and has that second bedroom that would be on the second floor as their common space.

This is a photograph of the second floor kitchen in existence and second floor hallway for this unit.

The applicant has provided somewhat rudimentary, but but essentially a sketch up of of how the property is broken down.

Again, the basement has only been used as laundry area, utilities, storage, and there is a bathroom in the basement and for some living space, but certainly no sleeping or habitation overnight.

The first floor is situated in that there's a dining area, kitchen, major main living room area where the applicant, I'm sorry, where the occupant resided and slept and almost more like a studio apartment in that sense.

And the second floor, we had that front family room. It has one bedroom, one bath and a kitchen situated in the rear.

We did meet with the neighborhood organization. We understand that they opposed the application.

However, we believe that given the characteristic of the property as it is situated for two dwelling units and that there's really been no detrimental impact in either congestion or complaints from anyone in the neighborhood about this use, we believe that the literal enforcement of the code would create a hardship.

The applicant, again, intending to reside there, I think would have been a little bit

different of a story, but due to his circumstances, was unable to reside there and then made do

with what was advertised or presented to him at the time of his purchase.

That is essentially why we're here today, to seek the legalization of this property.

And I have Mr. Dayan available to adopt my testimony, if that is acceptable.

Sure. Why don't we bring him on?

Mr. Dion, if you could raise your hand to be admitted.

Jason, did we see his hand?

No hands from Mr. Dion.

Mr. Crick, you are an attorney at law. We will officer of the court.

We will take your test.

My hand is raised, sir.

It is?

Mr. Chair, my hand is raised, yes.

He's going out to speak.

Sure.

Could you state your name and spell for the court reporter, please?

Arik, A-R-I-K, Dayan, D-A-Y-A-N.

Right.

Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

I do.

Okay.

Ismail, could you take this over, please?

Vice Chair?

Yes.

All right.

Thank you.

Mr. Dayan, have you had an opportunity to hear my statements to the board this morning?

Yes.

And were my statements true and correct to the best of your knowledge?

Yes.

And would you accept the testimony that I have given to the board as if it was your own?

Yes.

Thank you.

Thank you. Questions from the board?

No, Mr. Chairman.

Questions from the audience?

I see no further hands, sir.

Thank you.

Planning Commission?

Thank you.

Good morning.

This is Ian Hegarty for the Philadelphia City Planning Commission.

Last name spelled H-E-G-A-R-T-Y.

do you agree to tell the truth and nothing but the truth yes i do proceed thank you good morning

Do you agree to talk?

board members uh in 2017 the zoning map was amended in this area from rm1 to rsa5

in accord with recommendations from the comprehensive plan property does not have

any history of legal use as a two-family dwelling and the we believe the applicant's claimed hardship

is self-created we further believe that the proposed use conflicts with the intent of the

rsa5 zoning district that was mapped by city council in 2017 and adopted to the zoning map

city planning commission recommends that the board deny the variance

Thank you. MI-2022-002759, excuse me one second. It's MI-2022-002159.

and then 1944 caster avenue thank you you can vote

okay i see it now uh thank you hillary uh my vote is no thomas holliman my vote is no

all right thank you thank you

hillary we're going to start back at number four or are we going to go to ten

um one moment let me just move my list here uh number three number three

1029 South 10th Street

MI-2022-005084

1029 South 10th Street

Vern Anastasia

Mr. Anastasia

will be rejoining as a panelist

good morning again

good morning counsel state your name and spell it for the court recorder

so it's verne v-e-r-n anastasio a-n-a-s-t-a-s-i-o

do you swear to tell the truth or nothing but the truth

i do i think i'm already under oath but yes okay state your company and your relation

i represent michelle ortiz who's the owner of the subject property

thank you uh i guess i can go right in and ask the other questions uh do you agree the way the

reading of the refusal to stipulate to his accuracy i do have you emailed all the exhibits in

our offices five days in advance to this hearing? Yes. Thank you. Please proceed and share your

screen. I've already shared my screen. It's 1029 South 10th Street. It's the corner of 10th and

Lee. The application is for the legalization of an existing three-family dwelling. The property

is now zoned RSA 5. However, there is a history of the property being a storefront on the first

floor with commercial mixed use moving forward. My clients picked up the property in the mid-90s