civus
Hearing video

ZBA Hearing - May 28, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 28, 20257h 56m

The comprehensive plan recommends no change in zoning at this location

Similar wording

from the existing CMX2 commercial mixed use.

Similar wording

The appellant has demonstrated that the proposed use

Similar wording

will not cause detrimental impacts beyond what would reasonably be expected.

Similar wording

The Planning Commission recommends that the board

Similar wording

grant their requested special exception for takeout.

Similar wording

MI 2025-000395-831 North 2nd Street.

Similar wording

I vote yes with proviso.

Similar wording

Trash stored in basement.

Similar wording

hours of operation 11a to 12a tuesday to sunday and coverage for first and first floor and

Similar wording

basement am i correct this will apply to first floor and basement yes use approved for first

Similar wording

floor and basement yes use approved for first floor and basement michael johns my vote is yes

Similar wording

with proviso cheryl gaston my vote is yes with provisos tennetta graham my vote is yes with

Similar wording

provisos i am win my vote is yes with provisos ishmael shaheed my vote is yes with proviso thank

Similar wording

you and thank you for being here the whole day thank you i appreciate it thank you for your

Similar wording

patience so mi 2024 005 780 5717 malvern darlene treat is the attorney um

Similar wording

there's a letter of opposition from winfield residents association

Similar wording

VOTE WAS 16 IN OPPOSITION, FIVE IN NON OPPOSITION, ONE IN SUPPORT.

Similar wording

They're coming back in as the panelists, Mr. Chair.

Similar wording

We had her earlier today, didn't we?

Similar wording

Didn't we have her earlier today, right?

Similar wording

Good afternoon, Commissioner Starlingfield, on behalf of the applicants.

Similar wording

Commissioner?

Similar wording

Can you hear me?

Similar wording

I can hear you, but very low.

Similar wording

Yeah.

Similar wording

Darlene?

Similar wording

Yes, I'm here.

Similar wording

Can you hear me?

Similar wording

Could you take your volume up?

Similar wording

Yeah, let me find it.

Similar wording

is that better it is we can hear you now right right so i i think i already swore you in once

Similar wording

they just state your name for the record uh darlene three uh d-a-r-l-e-n-e three t-s and thomas h-r-e-a-t-t

Similar wording

And could you identify your client in a relationship to the property?

Similar wording

My client is Carolyn Davis, a member of Davis & Davis LLC.

Similar wording

Our vice chair has a few questions.

Similar wording

Good evening, counsel. Do you agree to either read another refusal or stipulate to its accuracy?

Similar wording

Yes.

Similar wording

Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?

Similar wording

i did email the required documents the zoning board sent me an email yesterday and indicated

Similar wording

they didn't have a picture of a posting and i uploaded one thank you and we received that

Similar wording

please proceed and share share your screen

Similar wording

a good afternoon uh commissioners i represent davis and davis llc the owners of 5717 malvern

Similar wording

avenue i submitted a package of information to the board uh last week which contains the

Similar wording

The refusal, the appeal, the property information form, the tax information form, excuse me, a deed, a prior rental license, plans, pictures, proof of mail-in, community letter, and the RCO letter of non-support.

Similar wording

Commissioners, my clients apply to the Zoning Board adjustment, not necessarily for the

Similar wording

proposed use of a two-family dwelling.

Similar wording

I'm indicating to you we're applying to legalize an existing two-family dwelling that has been

Similar wording

existing at least since documented by L&I 2004.

Similar wording

We received a refusal indicating that two family dwellings

Similar wording

Uh, we received a refusal indicating that, uh, two family dwellings are not permitted

Similar wording

in this, uh, zoning district.

Similar wording

Uh, I submitted a copy of the appeal, uh, the property information form, uh, Philadelphia

Similar wording

your information form i'm going to get back to this but i also submitted a copy of a prior

Similar wording

rental license which is dated may 11 20 2004 i would submit to you that is before my clients

Similar wording

became davis and davis became the legal owners of the property this property has been an existing

Similar wording

duplex. I could only find documentation of it on L&I back to 2004. I do have some other

Similar wording

documentation that I'll show you at a later date whereby this property was involved with the

Similar wording

Philadelphia voucher programs and I did find some payments from the voucher program to my client

Similar wording

for the first and second floor apartment. Here is the tax information. We have a zero balance.

Similar wording

the taxes are up to date uh here is the deed for the property and i would just like you to note

Similar wording

here that this property was originally owned by mrs davis father nathaniel davis

Similar wording

uh he passed away and uh that she and her brother inherited this um property in 2010

Similar wording

10, they took ownership of the property.

Similar wording

When my client came back to town because both her father and her brother was deceased to

Similar wording

handle the property, she did get a vacant property license since the property was vacant

Similar wording

at that time and this is one of the outstanding violations that she could clear before we came to

Similar wording

zoning so here we have the plans i'm just going to reduce it a little bit so i can show you the

Similar wording

whole thing and then i'll show you the individual floors

Similar wording

So here is just a site plan of the property. It shows you the dimensions and where it sits on a block. It shows you the front entrance and that's it. I'm just going to scale down a little and here's the property, the plan for the whole property.

Similar wording

Basically, Commissioner, this property is an existing duplex.

Similar wording

It has been existing for some time.

Similar wording

The basement is empty.

Similar wording

We store utilities in the basement.

Similar wording

The first floor apartment has access to the basement from the first floor.

Similar wording

I'm going to scroll it up a little bit and just show you how you would enter the property.

Similar wording

You would enter the property from Malvern Street.

Similar wording

i'm just going to enlarge it i can't really read the writing there

Similar wording

there you go

Similar wording

you can enter the property from malvern street you see you can enter the property here there's

Similar wording

a bedroom in the front of the property there's a bathroom off to the side there's a nice size

Similar wording

kitchen area there's a living room area and then there's another bedroom

Similar wording

in the rear there's also a bathroom in the rear bedroom

Similar wording

and you can access into the basement the second floor pretty much has the same exact layout

Similar wording

you will come up the stairs here there's a bedroom in the front

Similar wording

there's a bathroom here there's another bathroom

Similar wording

you have a kitchen dining area you have a living area and then you also have a bedroom in the rear

Similar wording

and that's pretty much the layout of the property i took some photographs of the property

Similar wording

this is the existing property it's a two-story dwelling that's just another

Similar wording

uh that's just another general uh picture of the block that's a long shot of the block to show you

Similar wording

general picture of the block

Similar wording

how the properties look uh basically when we received this violation uh mr maceo davis who

Similar wording

used to manage and own and manage this property in philadelphia was in the process of upgrading this

Similar wording

property when he received a violation indicating that he did not have a current rental license for

Similar wording

a two-family dwelling. These are just some other pictures of the interior renovation that he was

Similar wording

trying to do when he was stopped. This is a picture of the back of the property. There's one parking

Similar wording

spot in back of the garage. There is no parking spot here, but I would like to show you that these

Similar wording

boxes here are existing and they're existing. There are three boxes. There's a house box

Similar wording

and there's a box for each apartment the apartments are electric

Similar wording

that's a long shot of the alley of the behind the 5717 Malvern residence park in the alley

Similar wording

and some of them enter their houses through the back there that's a picture of another

Similar wording

the houses in the back, where they have doors and access to the basement.

Similar wording

That's a picture of my proof of mailing, and this is the letter of non-support that we

Similar wording

received from the community.

Similar wording

And I would like to address the letter of non-support.

Similar wording

Uh, commissioners, this letter, uh, indicates that, um, there's a need for a single family housing,

Similar wording

um, in the Winfield area. Um, and I just disagree with that. Uh, commissioners, I live in the, uh,

Similar wording

Winfield area. I've been living here for about 30 years and I probably live three blocks,

Similar wording

uh, from this location. There's a shortage of affordable single family housing in Winfield,

Similar wording

not a shortage of single-family housing. There are quite a few empty, very large houses presently

Similar wording

in Winfield because the neighborhood doesn't allow for any type of a different development.

Similar wording

What happens is individuals are not buying the single families in this

Similar wording

residential neighborhood because they're too high-priced and they all need total renovations.

Similar wording

Uh, once you do that, you can't make a profit off it. Or if you wanted a single family and you were going to pay that much money for it, you will buy one out in the county. Uh, I have some additional, um, information that I just had my client locate that she just sent it to me. Um, this just goes towards proving that this was a legal, uh, single family, I mean, duplex at one time.

Similar wording

I do have, I'm just going to show you, I have an invoice here from the voucher program in Philadelphia that shows they paid rent for the first floor and the second floor.

Similar wording

That was as far back as 2008.

Similar wording

I have one, again, that shows they paid rent for the first floor and the second floor as far back as 2010.

Similar wording

I also have the assignment from Nathan Davis to Davis and Davis LLC, the contract with HAP.

Similar wording

And we all know that you can't get payments or a contract if you don't have legal zoning.

Similar wording

uh commissioners i also have my client miss carolyn davis um on the line uh that i would

Similar wording

like to ask a couple questions if i'm allowed sure miss davis

Similar wording

counselor could you tell me what happened when you went to the rco meeting well we went to the

Similar wording

rco meeting uh miss davis and myself and basically uh commissioner i thought that the whole position

Similar wording

of the RCO and mainly one individual was they don't want duplexes in Winfield. And they wanted

Similar wording

me to prove that this wasn't a new duplex. It was an existing duplex. The only records I had at that

Similar wording

time were the 2004 rental license from license and inspections. After the meeting, my client was

Similar wording

able to find a rental agreement, some payments from the housing authority, document and payments

Similar wording

for the first and second floor miss davis are you on the line

Similar wording

down and davis correct

Similar wording

yes

Similar wording

they're in the audience but they're not raising their hand let me allow them to speak

Similar wording

They're in the audience, but they're not raising their hand.

Similar wording

Let me allow them to speak real quick.

Similar wording

Counsel, you're an officer of the court.

Similar wording

We can gladly accept your testimony.

Similar wording

I think she has very pertinent testimony.

Similar wording

And if I can, if we could just give her 30 seconds,

Similar wording

I would really like to put her on.

Similar wording

Ms. Davis, if you're still in the virtual audience,

Similar wording

please unmute.

Similar wording

huh

Similar wording

she's not raising her hand so so counsel if you obviously if you've interviewed her what

Similar wording

what pertinent testimony you think is important if i could miss davis was going to testify that

Similar wording

she was born and raised in winfield she went to school in winfield she still owns a house in

Similar wording

Winfield, that her parents were very, very active in Winfield. Her mother was the block captain

Similar wording

and they participated in community events. She would testify that when her father passed,

Similar wording

he left that property to her and her brother, that her brother became ill and he was managing

Similar wording

the property. When he decided to renovate it, he found out that his rental license had expired.

Similar wording

Before he could correct the violations, he passed away.

Similar wording

Ms. Davis then took over the property,

Similar wording

and she is continuing to try to renovate this property

Similar wording

and realize her inheritance and maintain her father's legacy.

Similar wording

And that's all she would testify to.

Similar wording

Questions from the board?

Similar wording

Yeah, I think the one question I have is it does look like there's a number of violations

Similar wording

going back to the early 2000s at this property.

Similar wording

both before it was transferred to you all

Similar wording

and before when it was still in, I guess,

Similar wording

or in the previous owner's name.

Similar wording

And I guess my question is,

Similar wording

what's going to ensure that this doesn't happen again to this property?

Similar wording

I mean, it looks like this family's owned it for almost three decades,

Similar wording

and I'm seeing 17 L&I violations,

Similar wording

many of them which started to deal with deferred maintenance issues

Similar wording

and lack of repair that led to their initial license sort of expiring.

Similar wording

Yes.

Similar wording

So what's the plan to ensure that this go-round,

Similar wording

it doesn't happen with this next generation of the family?

Similar wording

Well, this is the plan.

Similar wording

Ms. Davis, who is an attorney herself, she was located in Washington, D.C.

Similar wording

She has now moved back to Winfield.

Similar wording

She maintains two locations.

Similar wording

She actually lives three blocks on Drexel Road from this property, so she will be an active manager of the property, and she's hired a property manager, I don't have his name, who will manage this property.

Similar wording

she'll be in the area and she'll be able to be contacted if there's a problem with the property

Similar wording

and she will be able to go around and look at the property and maintain a connection with those

Similar wording

she plans to rent it to. So she would testify that she plans to maintain this property. She's back in

Similar wording

the area now and she's taking over the handling of the Davis and Davis properties and that her

Similar wording

brother Maceo died within the last I believe within the last year he was managing it previously

Similar wording

okay and then I think my just second point would be to just make sure that we're getting all the

Similar wording

necessary permits and things that we need to sort of paper this accurately going forward because it

Similar wording

does look there was a tremendous amount of work that got started without permits both electrical

Similar wording

and structural and so just you know um miss davis it is her intention uh once we get the zoning we

Similar wording

can get the other uh permits uh to cure the uh violation uh for the work which was done which

Similar wording

was not permitted but at this state now we can't continue the only license we could really get

Similar wording

which is what she got uh was the property was the vacant property license we couldn't really

Similar wording

proceed with any of the others without the zoning. And then my last question is to the best of your

Similar wording

knowledge, do you know if the like most pressing L&I violations have been cleared or if those are

Similar wording

still outstanding? Because it does look like there's a few for like major roof and water

Similar wording

penetration issues. It's my understanding that there are only really two outstanding violations.

Similar wording

One is a mechanical violation, and one is a mechanical violation, and I forget what the other one was, but I don't think currently that roof violation is outstanding.

Similar wording

Okay. All right. Those are all of my questions. Thank you.

Similar wording

All right. Those are all of my questions. Thank you.

Similar wording

Any other questions?

Similar wording

Questions from our attorney?

Similar wording

Not at this time, Mr. Chairman.

Similar wording

Questions or comments from the virtual audience?

Similar wording

Here, I have a hand up from Craig Melodosian.

Similar wording

Okay.

Similar wording

I will promote him.

Similar wording

well he must have put his hand down sir yeah i don't think he's winfield

Similar wording