civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

And this is one of the signs that you're asking for permission for.

Similar wording

Yeah, so I think it would be good to know which signs that are still at the location and which ones aren't.

Similar wording

So, Sylvia, is this sign still at the location?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

Oops, I keep going the wrong way.

Similar wording

Is this sign on the side still on the location?

Similar wording

Yes.

Similar wording

Okay.

Similar wording

They asked us to remove the other ones, and we did.

Similar wording

These ones, they didn't ask us to remove them.

Similar wording

That's why we left them there.

Similar wording

But the ones they asked us to remove, we did remove them.

Similar wording

Okay, because these are updated photos.

Similar wording

So there were a lot more signage on other photographs, right?

Similar wording

Okay.

Similar wording

Okay. And then this awning, you know, since it has writing on it, is considered to be a sign.

Similar wording

Yes, and I think that's what we're trying to legalize is those two.

Similar wording

But there are a lot more signage before that we removed.

Similar wording

Okay. Well, it says here it's about the proposed flat wall sign.

Similar wording

I don't see where.

Similar wording

I think this may be.

Similar wording

I'm assuming and presuming, and maybe I shouldn't, that the flat wall sign we're talking about is this one that's on the side of the building here.

Similar wording

That the flat wall sign we're talking about is this one that's on the side of the building here.

Similar wording

We'll get greater definition about understanding.

Similar wording

Yeah.

Similar wording

I think we need to make sure that we are getting the refusals and permissions that are needed for all the signage, which would include that whole army.

Similar wording

other questions from the board

Similar wording

questions or comments from our attorney

Similar wording

um just briefly um mr napson you mentioned that you were requesting a resumption hearing

Similar wording

um and i think based on based on the way the refusal is written it looks like it's a business

Similar wording

and professional office for the whole structure and it only references the one accessory wall

Similar wording

sign which would be the sign that's on the side of the building not the awning sign um so i i think

Similar wording

if you want to legalize that sign and also clarify that there would be single family above which

Similar wording

would also generate a refusal for multiple principal uses on a lot i think that you really

Similar wording

should amend the refusal in this case and make sure that it's um that it lists everything that

Similar wording

that your client is proposing. And that's fine. I think we previously spoke to you about

Similar wording

doing this by way of proviso, but if you want us to send and do this by way of an authorization

Similar wording

letter, we'd be more than happy to comply with that. So is that what you're asking us to send

Similar wording

an authorization letter to the ZBA asking for permission to amend our zoning appeal by way of

Similar wording

another refusal um yes i think that would be best in this case especially if there's additional

Similar wording

signage that you're also seeking to legalize because based on what it what what the refusal

Similar wording

says it's only the one sign and not the awning sign no and i appreciate that i mean again our

Similar wording

office did not handle the initial application process so we want to make sure that every all

Similar wording

of our eyes are dotted and teaser crossed so when the board does vote it's based on the current

Similar wording

conditions to the property and the proposed uh use of the property absolutely thank you so is

Similar wording

that so is the owning is the owning sign legal the one on the front i don't think so i don't know

Similar wording

i don't think it can be if it's rsa5 no and it may also trigger um a art commission uh review

Similar wording

as well because with awnings that have writing on it they want to uh confirm uh how much writing

Similar wording

can be on it and what kind of fabric is used for the awning so and i don't see any of that in this

Similar wording

so questions or comments from the virtual audience

Similar wording

chair we have craig meladosian craig meladosian please unmute yourself and wait for the chair

Similar wording

Craig, could you please state your name and spell for the court stenographer?

Similar wording

Craig, C-R-A-I-G, last name Melidosian, M-E-L-I-D-O-S-I-A-N.

Similar wording

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

Similar wording

I do, Chair Bergman.

Similar wording

Please proceed and try to tell us where you stand with this.

Similar wording

All right. We were approached regarding having a resumption hearing.

Similar wording

All of the testimony that's been delivered today is not necessarily testimony that I am, I'll say, fully familiar with.

Similar wording

There were two different requests or applications made to Elton and I regarding this.

Similar wording

In my opinion, both of them were intentionally inaccurate, and one of them was finally withdrawn by this current council.

Similar wording

The prior council has moved on, and I'll leave it at that.

Similar wording

I would simply ask that photographs of the current situation be taken and that council or their expediter, preferably council, go back to L&I and submit everything that is there.

Similar wording

We had an original, I've had several hours, multiple hours of meetings with the development team, both via Zoom and phone.

Similar wording

this, and I would like to structure an agreement with them that includes residential. We had a

Similar wording

community meeting on 4-15-2024. It was well attended, and at that time, there was zero

Similar wording

It was well-attended, and at that time, there was zero support for this project, and five of the six RCOs that participated in it were also not supportive.

Similar wording

I'd like to point out our concern with the team is that they do not seem to abide by this city.

Similar wording

Greg, you're breaking up, Greg.

Similar wording

You're breaking up, Greg.

Similar wording

Greg, you're breaking up, you're breaking up.

Similar wording

The entire, what I will send me, I'd like to also see an amended application that includes all signage as well as the residential unit upstairs.

Similar wording

They indicated that they have letters of support.

Similar wording

However, I can attest that the neighbors raised such a ruckus with L&I that a cease and desist was issued.

Similar wording

There is a small, I'll call it breezeway, that allows access to the ground floor entrance on the north elevation of the building,

Similar wording

as well as a ramp leading to an entrance on what would be the first floor.

Similar wording

The other area that you see is parking belonging to CAS auto repair and is not part of this process.

Similar wording

If they need parking, we would like to see a letter of support from CAS.

Similar wording

So we think this needs to come back.

Similar wording

We think the application needs to be fine-tuned to indicate what is being done there, how it's being there.

Similar wording

the story seems to have mutated over time. Our feeling is we absolutely want the residential

Similar wording

unit, most likely a one-bedroom, one-bath on what would be the second floor of the building.

Similar wording

We would probably also ask that consideration be given to a time-limiting proviso

Similar wording

of no more than three to five years. So if the current applicant does not turn out to be a good

Similar wording

neighbor, that facility can be retained to its full residential use. We understand that the RSA-5

Similar wording

may not be fully appropriate, probably should be RM-1 based on what goes on around it. We also

Similar wording

think the time extension would give the applicant plenty of time to find suitable commercial space

Similar wording

in the area. And we look forward to the appeal being cleaned up and a new meeting with the

Similar wording

community and a resumption hearing. Thank you. Mr. Dawkinson, do you have any questions?

Similar wording

No. I would just say this. We took over this matter. We've been trying to clean this up.

Similar wording

We've had, as Craig stated, probably hours upon hours of discussions with him about this project.

Similar wording

Everything has been asked of us to introduce a residential component.

Similar wording

We have getting rid of the ATM, getting rid of additional signage.

Similar wording

We embrace the fact that we want to do this the right way in terms of amending our zoning appeal and having a new refusal.

Similar wording

So we embrace everything that he just stated.

Similar wording

So we look forward to meeting with him and cleaning this thing up and representing this to the board.

Similar wording

Anyone else in the virtual audience?

Similar wording

I see no hands at this time, Chair.

Similar wording

Planning Commission, maybe you want to hold the vote on this so you know what you're voting for?

Similar wording

Yes, sir. We'd like to hold our recommendation.

Similar wording

Thank you very much. So we'll have a resumptive hearing and we'll figure out where we stand at that time.

Similar wording

OK. All right. Can we have like a well, I guess we have some homework to do.

Similar wording

So I think I think before you worry about the date, why don't we get some things done? OK.

Similar wording

All right. Thank you. Very. Thank you. Number 13.

Similar wording

Number 13, MI 2024, 002-205, 1532 South 31st Street.

Similar wording

Nicole Holland is the pro se applicant.

Similar wording

We do not have an RCO, but there was a meeting with the neighbors on August 22nd, 2024.

Similar wording

Nicole Holland is coming back in as a panelist now, Cher.

Similar wording

Hi, Ms. Holland. I think we spoke earlier today and I think I swore you in. Am I correct?

Similar wording

Yes, you did. Okay, could you do me a favor? Could you turn your video on?

Similar wording

mm-hmm okay thank you our vice chair has a few questions for you okay

Similar wording

Okay, thank you. Our vice

Similar wording

good morning miss halen have you emailed in all the required documents and exhibits that's needed

Similar wording

to proceed with this case five days in advance of this hearing yes i did i have thank you please

Similar wording

proceed and share your screen i'm sorry can you repeat that put your documents up share your

Similar wording

screen got it okay okay so um okay i'll show everything so these are the the community the

Similar wording

the public hearing postings that were on the property.

Similar wording

This is the public meeting notice

Similar wording

that's posted on the orange posters,

Similar wording

the letter of refusal.

Similar wording

I also supplied all of the addresses

Similar wording

that the mailings went out to,

Similar wording

the project information form,

Similar wording

um the appeal application and hold on i'll show you the rest um i also submitted the full deed

Similar wording

to the property here is the post office certification of the mailing i'm sorry

Similar wording

that's all of the stamps so i sent out approximately 190 letters to all the surrounding

Similar wording

properties uh this is the letter of tax clearance and the last item uh yesterday i was asked for

Similar wording

interior photos of the property so um i'll quickly scroll through these so these

Similar wording

so it's a new construction property um and i think this is the last item that you need

Similar wording

unless there's something i'm missing that you need me to show

Similar wording

what happened when you went to the rco meeting

Similar wording

um so they asked a series of questions uh to see if they would be comfortable um i answered the

Similar wording

i can go over the questions that they asked with you um ultimately they came into the meeting

Similar wording

saying that they had reservations about short-term rentals um so they proceeded to ask me a series

Similar wording

of questions which again i can provide the answers to you ultimately have you heard yeah have you

Similar wording

heard where they stand on the on the project yes so um i think there were there were only about four

Similar wording

or five people on the call but they ultimately sent a letter of non-support when i did ask them

Similar wording

if i could get information on why it was um why it was a letter of non-support i wasn't given

Similar wording

information because i felt pretty strong that the answers i gave supported the fact that i i wouldn't

Similar wording

be an absentee property owner. I spend 50% of my time in Philadelphia between there and I work in

Similar wording

Manhattan. I have security cameras on the property. I have two separate cleaning companies that would

Similar wording

go and make sure everything is in order. So I was unclear as to why they sent the letter of

Similar wording

non-support. The meeting went well, but again, they came into it saying that they had reservations

Similar wording

about short-term rentals um there's only a handful of them in the in in the area

Similar wording

but yes that meeting was last week okay hilary hilary we don't have a copy of that

Similar wording

no we don't excuse me we do not have a copy of the letter miss holland are you able to pull up

Similar wording

a copy of the letter please yes i believe so hold on one second um i just need to go here

Similar wording

here. Sorry, give me one second. Sorry for emails. Give me one moment. They did send

Similar wording

it to me. Here we go. Here you go.

Similar wording

So, yeah, again, the meeting went well, but I was trying to understand why the letter

Similar wording

of non-support came. Again, I have security cameras. I'm at the house weekly. I'm not

Similar wording

an absentee owner. I'm 50% in Philly, 50% in New York, taking care of an elderly parent.

Similar wording

uh taking care of an elderly parent so um and i have previously run short-term rentals no

Similar wording

So and I have previously.

Similar wording

incidents whatsoever i have a screening process i have a cleaning crew uh so uh those were the

Similar wording

main questions that they asked around the cleanliness uh being absentee and also monitoring

Similar wording

of the property

Similar wording

just out of curiosity hillary that that letter looks like it's from tasker

Similar wording

marsh neighborhood association we have listed gracebury community council

Similar wording

they probably met together i know sometimes they and miss holland maybe

Similar wording

could speak to that sometimes they they meet together and they might pass off who sends the

Similar wording

letter to the other rco yes it was everyone so i believe one person was from tasker morris and one

Similar wording

was from philly thrive and the other was from gray's ferry so they were they were all on

Similar wording

thank you um and just to confirm i'm an individual owner i'm not a part of a corporation or any

Similar wording

large venture capital company. So I'm just an individual owner looking to get

Similar wording

the zoning variance for the short-term rental.

Similar wording

Questions or comments from the board? Are you utilizing like Airbnb or something like that?

Similar wording

I'm trying to figure out the platform. Most likely it would be Airbnb. So I'm just making

Similar wording

sure I go about it 100% legally to get the zoning variance. But most likely that would be the

Similar wording

platform um it may be on vrbo as well but again i'm one of the bedrooms and bathrooms will be

Similar wording

locked at the property because i also live there part-time so again i'm not an absentee owner who

Similar wording

has an airbnb and isn't checking on it and i have systems in place to make sure where

Similar wording

there's no garbage on the sidewalk the interior stays clean um

Similar wording

so my question it it's not it's not furnished um i didn't have that so it is currently furnished

Similar wording

um i didn't have any pictures that i took myself to be able to provide but yeah it's it's it is

Similar wording

fully furnished there's a living room set dining room set the bedrooms all have beds

Similar wording

uh the bathrooms are all furnished so the these are just um listing photos the the property is

Similar wording

currently furnished it's fully furnished and then uh how many bedrooms from the desk

Similar wording

um in total there's four bedrooms three baths but for the listing it will be three bedrooms

Similar wording

two baths because my area will be locked off. Okay. And then you're going to, you said you

Similar wording

live there and you're going to do short term rentals. So how would this, how would this work?

Similar wording

Is that? Yeah. So right now when I go, so I have to be in Manhattan Tuesday, Wednesday,

Similar wording

and Thursday to be in office. The rest of the time I'm in Philadelphia, but when the rentals

Similar wording

start i have to base it on if and when the property gets rented so for example if the

Similar wording

property gets rented from a friday to a sunday i would go on a sunday make sure everything is in

Similar wording

order come back to the city for tuesday when i have to be um at work so depending on when the

Similar wording

unit gets booked i would be in the unit around that uh and that's why my specific area is remaining

Similar wording

locked okay great thank you thank you the question other questions from the board

Similar wording

questions or comments from our attorney

Similar wording

um my only excuse me my only comment would be if you could forward a copy of the letter to us for

Similar wording

our records from the letter from the rco that would be great thank you okay i'll send it uh

Similar wording

um right after the meeting what should your comments from the virtual audience

Similar wording

i see no hands chair commission

Similar wording

mr powers you are muted please unmute my apologies good morning dan powers with the city planning

Similar wording

commission the comprehensive plan recommends no change to the existing rsa5 zoning at this

Similar wording

location there is no unique physical condition or circumstances that will present prevent this

Similar wording

property from being used in conformance with the zoning code the city planning commission recommends

Similar wording

that the board deny the use variants for visitor accommodations in my 2024 002 205 15 30

Similar wording

MI 2024, 002, 205, 1532, South 31st Street, I vote yes, but proviso, temporary variance that expires 8-28-26.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording