civus
Hearing video

ZBA Hearing - October 23, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 23, 20246h 7m

so as it stands it's um it's housing that's just not able to be used in that area

Similar wording

there's the we also have recent postings i believe this is

Similar wording

um how long has this been a duplex it has been a duplex since before my client purchased it um

Similar wording

which i believe was in 2009 or 13.

Similar wording

one second

Similar wording

One second.

Similar wording

The Turner?

Similar wording

Yes, I'm sorry. I'm just pulling up the deed for the date of the purchase, which I believe

Similar wording

is 2009. But I'm just verifying that right now.

Similar wording

2014. So it's been a duplex since before it was purchased by my client in 2014.

Similar wording

you want to bring your client on certainly

Similar wording

mr. preak are you there can you raise your hand

Similar wording

there he is or i think could you just state your name please my name is r-a-n-t-i-k

Similar wording

p-a-r-i-k-h i believe i swore you in earlier today yes sir please proceed council

Similar wording

mr parikh um when did you purchase this property or i'm sorry what is your capacity um

Similar wording

in relation to east band trust i'm the trustee i see and um and as a trustee of east band trust

Similar wording

you were responsible for purchasing this property?

Similar wording

Yes.

Similar wording

And when did you do that?

Similar wording

9th of September, 2014.

Similar wording

Okay. And what was the...

Similar wording

How was the property structured and organized when you purchased it?

Similar wording

It was two doors, one going to the second floor, one going to the first floor from the entrance.

Similar wording

And it was, were there, it was two separate units with separate meters for each unit?

Similar wording

Correct.

Similar wording

And at the time, was it occupied?

Similar wording

When we purchased it, no.

Similar wording

There are two gas meters and three electric meters, one for each floor and one for common

Similar wording

area.

Similar wording

Okay.

Similar wording

And so have you used it as a rental property since that time?

Similar wording

Yes.

Similar wording

have you used both units or only one of them only one which unit are using the

Similar wording

first or the second floor first floor I see that's a one bedroom correct right

Similar wording

and am I correct in saying that there's a two bedroom on this on the second floor

Similar wording

right and and so what would be the difficulty in conforming with the zoning code we'll have

Similar wording

to do many structural changes if you want to convert it back to one family including electric

Similar wording

plumbing all work too because it's all separate right now i understand thank you um so i don't

Similar wording

have any other further questions mr churnall why don't why don't you have him adopt your testimony

Similar wording

certainly um and so all the testimony that i've given today um mr parikh um do you accept that

Similar wording

adopt that as your own yes i do questions from the board uh yeah can you go back to the floor

Similar wording

planes for a second and uh what's what's the basement being used for because it looks like

Similar wording

it's being used for living space no it's like a little party or a kids play area

Similar wording

so it has a kitchen

Similar wording

it's not really kitchen it's just the counters

Similar wording

it's no stove no refrigerator no uh okay so just it's just a sink it's like a web bar

Similar wording

what's what's in the what's in the what's in the back can you slide down the plan a little bit

Similar wording

the back has the elect meters okay so the proposal for this is is the request to have this as a

Similar wording

duplex and the duplex will be a bi-level duplex for the first floor it'll be a bi-level unit

Similar wording

okay questions from the board

Similar wording

yes how many other multi-family

Similar wording

Yes, how many other multifamilies are on this block?

Similar wording

How can I help you?

Similar wording

There are no other multifamilies zoned for this block.

Similar wording

I'm sorry.

Similar wording

I'm okay.

Similar wording

And then both units have access to this basement space?

Similar wording

I believe only the first floor.

Similar wording

No, only the first floor.

Similar wording

Only the first floor.

Similar wording

Okay.

Similar wording

Okay.

Similar wording

and then for the second floor is that a roof there's a there's a door in the bedroom leading

Similar wording

out to the rear right right we had we had a section 8 inspection pre-approved and they made

Similar wording

us put the railing there so it's been blocked out but but it's okay it's just not shown in the plan

Similar wording

No, because it's an old picture.

Similar wording

Okay.

Similar wording

We had a Section 8 pre-approval done in anticipation of this hearing, and they gave us a list of

Similar wording

the work to abide by the Section 8 rules, and one of them was to put a railing in the

Similar wording

back for safety, and we did that.

Similar wording

So I have another question.

Similar wording

So the property was bought in 2014, and it's just now that you're requesting to have this legalized.

Similar wording

Why 10 years later?

Similar wording

Because I did not know how to do it, what to do it, to be honest with you.

Similar wording

So it's been vacant since 2014?

Similar wording

Yes.

Similar wording

I used it partly myself sometime when I used to go and slip over on the second floor.

Similar wording

Okay.

Similar wording

because i'm from jersey and i do have to go and slip over many times

Similar wording

other questions from the board

Similar wording

questions or comments from our attorney hillary emerson

Similar wording

not at this time mr chair question or comments from the virtual audience

Similar wording

i do not see any yes mr chair any commission this is uh ron bednar the first name ron r-o-n

Similar wording

last name bednar b-e-d-n-a-o you swear or firm to tell the truth the whole truth nothing but the

Similar wording

truth i do please proceed ron uh the property is indicated for residential use on the city plan

Similar wording

given the physical conditions of the site we recommend the request of variance be granted

Similar wording

mi 2024 000 899 5231 greenway avenue i vote yes michael john my vote is yes

Similar wording

Tanada Graham, my vote is yes.

Similar wording

Dylan, my vote is yes.

Similar wording

Ishmael Shaheed, my vote is yes.

Similar wording

Thank you, sir. You have your votes.

Similar wording

Thank you. Thank you, Bart.

Similar wording

Right.

Similar wording

Number three, MI 2024-002-062-6045 Shishler Street.

Similar wording

Alan Nockmson is the attorney.

Similar wording

There's a letter of opposition from Take Back Your Neighborhood.

Similar wording

the applicant did provide

Similar wording

a petition of support

Similar wording

signed by 17 neighbors

Similar wording

and four form letters.

Similar wording

Student Occamson.

Similar wording

He'll be joining soon as a panelist.

Similar wording

Good afternoon, Mr. Chair and members of the board. Alan Nockamson of Nockamson, PC.

Similar wording

Alan, just for the record, spell your name.

Similar wording

Nockamson, N is Nancy, O-C-H-U-M-S-O-N.

Similar wording

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

Similar wording

I do.

Similar wording

Could you identify your client, a relationship to the property?

Similar wording

yeah my client is rosalind uh rodriguez the owner and the occupant of the subject premises

Similar wording

our vice chair has a few questions good afternoon counsel do you agree to

Similar wording

ways of reading of the refusal or stipulate to its accuracy i do have you emailed in all

Similar wording

the required documents and exhibits that's needed to proceed with this case five days in advance

Similar wording

this hearing yes we have thank you council please proceed and share your screen

Similar wording

all right so i thought this is a straightforward matter uh 60 45 schistler street um my client

Similar wording

lives here. She's not a developer. This has been a family-owned property forever.

Similar wording

You know, she basically bought the property this way. And you'll see in the presentation that all she wants to do is convert the lower level space, which is already set up, like I said, in-law suite into a separate apartment.

Similar wording

You know, she basically bought the property this way. And you'll see in the

Similar wording

She lives there above. She's just trying to help pay her mortgage by doing this. And it's not out of character in the neighborhood to have multifamily.

Similar wording

And every single person, almost every single person on the block is in support of this endeavor.

Similar wording

So and the people who showed up from the neighborhood were in support as well.

Similar wording

So and we're a little bit confused as to why the community group wrote a letter of opposition.

Similar wording

So we'll review the notice of refusal. This is an RSA 5 property.

Similar wording

It's rather large in nature. It's 1,446 square feet.

Similar wording

We did get correspondence from Take Back Your Neighborhood and we'll review that. Again, you'll see the petition and we do a map, you know, to kind of illustrate that everyone who would be impacted, including the person behind us, you know, it's in support of this project or not even a project.

Similar wording

It's just my client who's an individual, a single mother who's just looking to find a way to be able to afford her mortgage by making this into a two-family dwelling.

Similar wording

responsibly. We'll review maps of the area, photographs of the properties

Similar wording

around the area. We took pictures of both the

Similar wording

upstairs where she lives as well as the lower level, which

Similar wording

is not finished but is an in-law suite for all intents and purposes.

Similar wording

Ultimately, if this board approves this, we would cut off the staircase

Similar wording

from the upper portion of the house to a lower portion of the house, but there's a separate

Similar wording

entrance for the other unit and there's

Similar wording

actually two parking spots as well one would be for each unit as well um then we have our plans

Similar wording

and drawings we created something simple from what our client you know explained to us as the

Similar wording

you know floor plans and um you know unconventionally the community meeting and the pre-community

Similar wording

meeting were at her house so you know alex goldberg from my team also attended those meetings

Similar wording

And, you know, those floor plans were based on his visualization as well.

Similar wording

Or RCO meeting notice.

Similar wording

Again, there are a few neighbors who showed up, you know, to this community meeting that was in my client's house.

Similar wording

And our understanding is that those people were in support of this endeavor.

Similar wording

So I still don't understand why then the community group sent a letter of opposition.

Similar wording

Our application for appeal that we followed with the ZBA, D-Tip property showing that my client owns the property and a certificate of tax clearance.

Similar wording

Rosalind is online, so I have a few questions for her to adopt my testimony as her own.

Similar wording

And, you know, she can take any questions you may have as well.

Similar wording

Notice of refusal, again, RSA 5 property, rather large lot size in nature is 1,449 square feet.

Similar wording

We're not changing anything or propose to change anything other than the fact that we would, you know, basically put a wall where the staircase is and going leading down to the basement and maybe making some cosmetic upgrades.

Similar wording

But it's already an in-law suite down there.

Similar wording

So this is the correspondence.

Similar wording

So we had a pre-community meeting also at the property.

Similar wording

And at the pre-community meeting, Alex Goldberg from my team was there.

Similar wording

my client was there with her boyfriend and then there were four community

Similar wording

leaders there or organizers there

Similar wording

in this letter they don't reference the fact

Similar wording

you know about that there was a community meeting a few months later

Similar wording

and that you know the people who showed up at the community meeting who were

Similar wording

nearby neighbors stated their support of this project so

Similar wording

again I don't know if there was a misunderstanding or

Similar wording

maybe they didn't remember that the people showed up to the community meeting and were supportive

Similar wording

of it, but that's what happened. And then there was a petition. And if you look at it, this is

Similar wording

our property. These are all the other properties on our block on our side. These are all the

Similar wording

properties across the street. And this is the property that's directly behind us. All of these

Similar wording

people signed letters to support. So it's almost every single house on our side of the block. I

Similar wording

I mean, a couple down here, no, but one here, everyone's said, oh, yes, of course.

Similar wording

You know, we know the Rodriguez family.

Similar wording

They've owned this property as a family for some time.

Similar wording

We know Rosalind.

Similar wording

You know, she lives there with her child.

Similar wording

We have no objection to this.

Similar wording

There's already off-street parking in the rear.

Similar wording

We don't see any negative impact here.

Similar wording

Here's our petition in support, along with some form letters in support.

Similar wording

And then this is the zoning map. Again, yes, we're an RSA 5 property, but there are other properties nearby which are also RSA 5 that are multifamily in nature.

Similar wording

And then this is the zoning map. Again, yes, we're in the RSA 5 property.

Similar wording

And again, we're not changing, we're not creating any new openings to our property. Like, there's no real, like, underground, like, living. It's, you know, everything's above grade because of how the property is sloped.

Similar wording

but you know this is our property this is the front of our property on schistler street

Similar wording

this is the rear and you can see there's two parking spots garbage is stored in the rear as

Similar wording

well but this is the back door well or the front door if you would think um to the property um to

Similar wording

the second unit but again it's above grade this is the orange notice posters for both you know

Similar wording

on schistler and on the rear this is schistler uh street to the right of the property to left

Similar wording

of the property. And again, it's a common drive aisle

Similar wording

behind us, so it's not a public street. But each

Similar wording

occupant or unit would have its own parking

Similar wording

space. Interior photos. This is just where Rosalind

Similar wording

lives, upstairs. This is

Similar wording

the lower level. This is, again, my client purchased it

Similar wording

this way. You can see there's a kitchen here. These

Similar wording

are the steps from the, you know, the house upstairs to the stairs. This is the only thing

Similar wording

that's going to be changed if the board feels so inclined to grant the variance. So obviously we're

Similar wording

going to close this up. We're going to clean this up too. Like again, my client has been using this

Similar wording

as an in-law suite for some time. Another picture of the kitchen area and the dining room area.

Similar wording

This is, I believe, upstairs and maybe that was upstairs too, but this is upstairs just showing

Similar wording

pictures of the property. But, you know, we had the community meetings at the assistance of the

Similar wording

community organizers at the property, and they did a thorough walkthrough of the property.

Similar wording

And these are simple floor plans, right? So you saw that door in the rear,

Similar wording

that leads to that staircase you saw, but we would just, everything's above grade, you make a right

Similar wording

or make a left.

Similar wording

And then there's a kitchen, dining room, living room,

Similar wording

one bedroom, one bath.

Similar wording

They would get one parking space.

Similar wording

Instead of the occupant on the lower level,

Similar wording