civus
Hearing video

ZBA Hearing - July 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20262h 22m

group living situations in in this neighborhood we we we have used the words of mr jakubov himself

Similar wording

who has who has confirmed that anyone who's who who moves into that facility is going to be at

Similar wording

risk themselves we don't even we're not even talking about the neighbors we're talking about

Similar wording

people who are innocent who are going to be there okay i think she can answer that question as to

Similar wording

why she thinks this is okay why do you why don't you answer that question why you are concerned

Similar wording

about this particular project if you go if you look on the 4200 block of viola street yeah you

Similar wording

will see it's not suitable for a large facility like that the other facilities are on gerard

Similar wording

avenue yep that is really a wide street a really a wide street viola is a small narrow one-sided

Similar wording

parking block all right thank you for your answer meredith anything else nothing further okay uh

Similar wording

questions or comments from the virtual audience hi chair we have a hand up from mark harris

Similar wording

what happened to me shit oh wait jihad you you're you're you're you're you're not muted um

Similar wording

jihad come on

Similar wording

maybe mr um ali should should speak because he because he was i got it yeah

Similar wording

okay hello can you hear me yes i can could you please state your name and spell for the stenographer

Similar wording

yes sir uh good morning i'm jihad ali j-i-h-a-d-a-l-i i live at 4276 parkside avenue which

Similar wording

is in arterial street which is a large street directly wait wait wait wait before you do you

Similar wording

swear or affirm the tell the truth told you nothing but truth yes i do all right please

Similar wording

proceed with your testimony i live directly uh behind the property uh that we're here today

Similar wording

about my written opposition is in the record reference 6061 i'll use my time on one legal

Similar wording

issue yeah i have your i we saw your letter too thank you yeah the boy's first task is determine

Similar wording

which this which use this actually is the applicant's own testimony today has answered it

Similar wording

under section 14-601 2b.2 a building containing rooms rented as living quarters without private

Similar wording

bathrooms is a single room residence the code's own examples dormitories room and houses and

Similar wording

supported independent living the witness testified in both elements one occupants pay fifty dollars

Similar wording

$500 per bed, multiple people per room, rooms rented as living quarters. The rental unit is

Similar wording

the bed. Two, 16 bathrooms for 50 people. 50 individual rented beds cannot each have a private

Similar wording

bathroom with 16 in the building. Even a bathroom attached to a room is shared among the strangers

Similar wording

renting beds in that room. No renter of a bed has a private bathroom. That is a rooming house by

Similar wording

applicants own numbers under table 14-602-1 single room residence is expressly prohibited in RSA 5

Similar wording

not special exception prohibited the same table permits it by special exception RM RM and RMX

Similar wording

districts so council knew how to allow it where it wanted it to have here it chose no the board

Similar wording

cannot grant a special exception for a prohibited use the applicant's remedy would be a use variance

Similar wording

which is not before you and this zoning was deliberate bill 140076 passed may 2014 i have

Similar wording

a certified cabbie re copy it remapped those exact blocks from rm1 where this use could at least

Similar wording

be sought to rs could be sought 12 to rsa 5 where it is prohibited granting this application application

Similar wording

would reverse council's judgment from this block about this block at minimum the applicant bears

Similar wording

the burden on a special exception and its own testimony describes a use other than the one it

Similar wording

applied for. On this record, it has not carried that burden. Finally, if the board reaches a

Similar wording

special exception criteria, 50 beds at $500 each is a $25,000 a month rooming operation at three

Similar wording

plus occupants per bathroom in a row house district council downsize. The record including

Similar wording

a district council member and Senator Hughes' office reflects this determined. I ask the board

Similar wording

to deny this application. Thank you. Thank you very much. Hold on. Meredith, you have any questions?

Similar wording

I do. Mr. Ali, are you an attorney? No, I'm not. Are you a licensed planner? No, I'm not.

Similar wording

Do you have any educational or professional background that would give you any? I'm objecting

Similar wording

that a witness and a member of the community doesn't have to put up with questioning their

Similar wording

their their viability as as a as someone who thinks and and and can can express themselves

Similar wording

he provided a legal argument well listen to me

Similar wording

i'm going to let him answer the question i think he has the ability to answer the question

Similar wording

do you have any form of professional or educational background that would give you

Similar wording

special credentials to be able to interpret the zoning code or provide a legal argument to this

Similar wording

four no i don't that's all i have all right thank you redirect um mr ali are you able to count 50

Similar wording

and and and um the number of bathrooms and the number of people and and calculate whether there

Similar wording

is one-to-one ratio or not yes i can thank you thank you so we're we're now gonna how many other

Similar wording

people here want to testify all right two okay i could you please state your name is bell for this

Similar wording

thought my name is jean allen j-e-a-n-a-l-l-e-n right you swear or affirm to tell the truth the

Similar wording

whole truth nothing but the truth i do now you've known we've had quite a bit of testimony over

Similar wording

several months i'm going to ask one thing are you in favor of this project or against i am against

Similar wording

it okay and I just want to make one comment as a common ordinary mom

Similar wording

mom, grandma, great grandmother. And I just want to beg this council to make a decision today.

Similar wording

grandma great-grandmother and I just want to beg this

Similar wording

Today, we've been laboring this thing for more than a year. It's torturous. It's unfair, uncruel

Similar wording

punishment. One thing I try to do is try to move it along. So thank you very much. Is there anyone

Similar wording

else here wants to make it hold on hold on hold on um merdith you want to answer that answer any

Similar wording

questions relative to her thinking this has been torturous i i i don't think i'm going to do that

Similar wording

good morning sir could you please state your name is spelled for the sonographer yes my name is

Similar wording

randy smith oh yeah i gotta go really close randy smith all right could you spell for the

Similar wording

r-a-n-d-y smith smith do you swear or firm to tell the truth the whole truth nothing but the truth

Similar wording

yes are you a neighbor yes are you in favor of this project or against i'm a gangster thank you

Similar wording

very much for your comments we appreciate it but i would just like to make one comment but is the

Similar wording

comment something we haven't already heard no go ahead well like you said we have been almost a year

Similar wording

coming to you guys to this board and i hope that you look at this we are seniors we had to hire

Similar wording

lawyer pair our pocket and i hope that you don't allow something like this to happen again

Similar wording

where taxpayers, seniors, have to pay for a lawyer

Similar wording

and to be a face with developers like this.

Similar wording

Let's not waste taxpayers' money for developers like this man.

Similar wording

All right. Thank you very much.

Similar wording

Do you have any, Meredith, do you have any questions?

Similar wording

I do not.

Similar wording

Okay.

Similar wording

Questions or comments from the virtual audience?

Similar wording

do we see share share we have a mark harris with his hand raised they're allowed to speak

Similar wording

okay yeah my name is mark harris i mean okay hold on hold on mr could you please state your name

Similar wording

and spell it for the stenographer mark america harris yes right do you swear or affirm to tell

Similar wording

the truth the whole truth nothing but the truth i affirm i'm strongly opposed i do not have any

Similar wording

new testament game all right thank you very much meredith you have any questions

Similar wording

mr harris where do you live i live in cathedral park and we're suffering similar problems from

Similar wording

this developer okay that that's all i have okay anyone else in the virtual audience yes chair we

Similar wording

have a hand up from brian harris they're allowing me how many more hands do you have just one okay

Similar wording

thank you. Good morning. Good morning, Brian Harris here. Hi, good morning. Could you please

Similar wording

state your name and spell it for the stenographer? Brian Harris, B-R-Y-A-N-H-A-R-R-I-S.

Similar wording

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

Similar wording

I do. Okay. Are you in favor of this proctor or against?

Similar wording

i'm against and are you a neighbor i am okay thank you very much any questions for anybody

Similar wording

he's also a community leader okay um mr mr harris can you just tell us what your

Similar wording

what your um leadership is in the in the community uh i'm i'm the rco chair for

Similar wording

east parkside residents association okay thank you we appreciate that martha do you have any

Similar wording

questions no i do not no more hands chair we have a hand that went up from a lorraine gomez okay

Similar wording

they're allowed to speak good morning could you please state your name and spell for the

Similar wording

stenographer yes um my name is lorraine l-o-r-r-a-i-n-e last name is gomez g-o-m-e-z

Similar wording

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

Similar wording

yes i do are you a neighbor yes i am a long time resident are you for or against this project

Similar wording

i am against the project thank you for taking the time to call so we appreciate it is there

Similar wording

any other hands no further hands at this time chair um hillary should we uh marina says she

Similar wording

has a four sentence closure. Do we take that and Steve, can you give us that? Why don't we do that

Similar wording

Do we take that? And Steve, can you give us that? Why don't we do that? And then we'll go to planning or do you want to go to planning first?

Similar wording

and then we'll go to planning?

Similar wording

All right, planning.

Similar wording

Madison Matera, Planning Commission staff.

Similar wording

A comprehensive plan recommends a change in zoning at this location from RSA 5 residential single family to RM1 residential multifamily.

Similar wording

The city rezoned this property from RM1 to RSA 5 in 2014 in a community-supported map change.

Similar wording

under arm one zoning they would be allowed nine units with up to three unrelated people allowed

Similar wording

per unit the request for 50 occupants represents a significant overuse of the property it has been

Similar wording

demonstrated that the proposal will cause detrimental impacts beyond what might normally

Similar wording

be expected city planning commission recommends that the board deny the proposed special exception

Similar wording

for group living at this location okay um maritas why don't we um start with you thank you mr chairman

Similar wording

I don't intend to repeat the significant amount of testimony or legal argument that was given

Similar wording

during the hearing several months ago, but I did again just want to remind the board that

Similar wording

a special exception is not intended to be special, nor is it intended to be an exception to the code.

Similar wording

It is a permitted use, and the testimony and evidence that was offered established that this

Similar wording

This particular use is one that fits within the definitions of the zoning code.

Similar wording

The zoning board is bound to apply the definitions of the Philadelphia zoning code and no other

Similar wording

definitions under any other state or federal or any other municipal codes that do not apply

Similar wording

in Philadelphia.

Similar wording

The Philadelphia zoning code is quite clear that where a use cannot cleanly fit within

Similar wording

one specific definition that L&I and this board are tasked with determining whether that use best

Similar wording

fits within one or more categories. And we believe that the testimony that was offered made it

Similar wording

extremely clear that the proposed use meets the definition of a group living use. And furthermore,

Similar wording

for the board to deny a special exception on the basis of any purported detrimental impact,

Similar wording

In fact, the objectors must have demonstrated that it would create specific hazards not

Similar wording

normally generated by other permitted group living uses with a great likelihood.

Similar wording

As I noted, I have submitted a memorandum of law to this board that contains a significant

Similar wording

listing of recent Pennsylvania special exception cases that established that the only successful

Similar wording

denials or overturn special exceptions are for highly noxious uses. The objectors here did not

Similar wording

meet their burden. They did not present any form of credible, non-speculative evidence. They did

Similar wording

not present any expert witnesses that would rise to the level of establishing a high degree of

Similar wording

harm that is required for a zoning board to deny a special exception. Thank you. That's all I have.

Similar wording

all right Steve so yes it's true we didn't provide any um expert witnesses because we had the words

Similar wording

of the applicant himself who established beyond a reasonable doubt that this use would be terribly

Similar wording

uh dangerous first for the people who are in that who are living in that facility they would be at

Similar wording

at the highest risk of danger,

Similar wording

plus the incredible impacts that this will have

Similar wording

on this single-family, a majority single-family block.

Similar wording

But in addition, and as Mr. Ali testified to,

Similar wording

and my cross-examination of Mr. Yakubov focused on also,

Similar wording

there has to be private bathrooms provided

Similar wording

in this facility for it to qualify as group living and not as single room occupancy.

Similar wording

There are up to 50 people and only 14 bathrooms or 16 bathrooms. That establishes that this

Similar wording

should be a variance case, not a special exception case. So they haven't been able to establish that

Similar wording

this is even properly before you as a special exception not only that but the transcript the

Similar wording

the the damning transcript that was that was read to you by by me um with with no

Similar wording

there was attempts over and over again by the community to help this developer come up with

Similar wording

some kind of a protocol and some kind of a process that would be safe and would be appropriate.

Similar wording

that would be safe and would be appropriate for a building with this kind of a use.

Similar wording

But over and over again, he answered the questions in ways that were alarming and that were dangerous.

Similar wording

And he himself established that this use will be quite a bit more harmful and dangerous than any typical use for group living,

Similar wording

simply because there will be no one there who can address any issues that that happen in in this in

Similar wording

this building and there is no reason why he why there's a reason why all virtually all group living

Similar wording

situations have to have something like that especially when you have that number that density

Similar wording

number so um the the applicant has not met their burden we have met our burden to the extent that

Similar wording

we were able to to demonstrate to you that what they what they promised will and what they want

Similar wording

to deliver will be a disaster for both the the member the the people who live there and the and

Similar wording

the surrounding neighbors thank you very much uh i want to thank both attorneys for this long

Similar wording

lengthy process i want to thank also the neighbors who had a great deal of interest in it so mi20

Similar wording

24 006 832 4283 viola street i vote no charlotte gaston my vote is no tenetta graham my vote is no

Similar wording

Ryan McAdams, my vote is no.

Similar wording

Taya Nguyen, my vote is no.

Similar wording

Thank you, Terry Nguyen.

Similar wording

Thank you.

Similar wording

Everybody shut their mics off.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording