ZBA Hearing - January 21, 2026

going back for several decades since 1964 it was a candy store and a grocery store at the lower level

with one family dwelling above and it has remained two units ever since

separate entrances separate electric meters none of that has changed let's take a look at the

proposed basement studio. Now, this basement is 100% above grade with its own side entrance here,

which my photos will show you. And as you can see with the side door, you're going to get a living

room, dining room, kitchen, and a bedroom. That's just a large studio. Right off of the bedroom

section is a full bath and a walk-in closet. And then, by the way, additionally on the side there's

a separate space that we're going to be using for storage. This is an existing toilet that's already

there and also both tenants can use the space for trash. The rest of the house, which is the second

and third levels technically the first and second floors are a full three bedroom

living space that's pre-existing

show you some photos

okay as you can see here this is the the entrance that used to be the commercial space

Back here is the separate section that will be used for trash and other tenant storage.

And then the second and third levels is its own living space.

Just a little closer view.

Here it is again.

Here's the interior.

There's the two electric meters, two boxes.

This is the basement as it currently sits.

Additional photos.

Here's our property here right across the street is a 3 family dwelling, which is also on the corner and there are several 2 and 3 family dwellings on the block as well.

so what we're requesting is pretty consistent with what exists there are no more commercial

spaces on these corners but they all have been converted to residential use here are the multiple

letters that were mailed to the community not only for the january 7th hearing a meeting

community meeting that was held where about a half a dozen folks attended

but also notice went out as far as the uh the uh today's community meeting i'm sorry today's

hearing and i want to move this into evidence as well as the uh deed the proof of tax compliance

and the history going back to 1963 all uh previously submitted to the zoning board okay

because of the long history of this property being mixed use because it has separate entrances

and separate electric meters it's and because it is what we're proposing is very much the same as

the other corners on the block that are multifamily we are simply asking for that lower level to be

allowed for a living space and granting of this variance. By the way, my client has committed

both to the community and in the process to making these units affordable. He's already

enrolled in the Section 8 program and will ensure that it's offered for folks with Section 8

vouchers. You want to bring your client on? My client cannot be joining us today, unfortunately.

So I ask that you would talk, you take my presentation as his testimony.

Thank you.

Okay.

Questions from the board.

can i can i see the floor plan again i'm sorry miss gaston there's the bathroom and it's right

Can I, can I see the plane again?

I'm sorry.

by the bedroom area i had them draw it just for you just for you

thank you council you're welcome um i have a question about the utility so in the existing

basement plan it looks like all of the duct work and all of the equipment is in the main room of

the basement but it is not necessarily showing in the relocated plan right so where well they're

gonna they're gonna relocate that to the back to the back okay yeah so that both tenants would have

water heaters and everything back there that's right that's what that's the plan what are we

doing about gas and electric meters because typically those are in the front of the house

and unmovable, like where you're currently showing the bathroom

and the walk-in closet is typically where those are located

in every house in Philadelphia.

Yeah, they're going to, I mean, obviously they're going to go

wherever the utility companies tell them to put it.

The electric meters, I think, already exist on the side

because there are already two electric accounts.

I can't speak to the gas, though.

Is there a plan if the gas meter can't be moved for this to be all electric from the kitchen for like kitchen and cooking purposes?

It's my understanding that the RCO did ask what the utility situation would be.

And electric is it's going to be all electric as far as we know.

Yeah.

OK.

What's the what's the point of the powder room and the and the storage utility?

That's a great question, Mr. Johns.

it came up at the community meeting the only point is it already it's already there when he

bought the property it's it's you know like i i my own experience in some of the old school

south philly homes grandmom just had a toilet in the basement you know and i think that was uh one

this is an old house then that's exactly how he bought it so uh instead of removing it i mean he

he certainly could remove it and he told the rco that he'd be willing to if that was a concern

because it serves no practical purpose.

Where's trash stored?

Back here.

Okay, so all the tenants have access to that?

They do have access if they need it.

I mean, there's ample space, especially in the above unit.

It's a full-blown three-bedroom to store trash,

but if the smaller unit needs it, it's right out his front door.

Okay.

Other questions?

Questions from our attorney, Hillary Emerson.

Not at this time, Mr. Chair.

Questions or comments from the virtual audience?

Chair, I have a hand up from Gregory Allen.

Okay.

Good morning, Chair and Board.

Good morning, Mr. Allen.

You've already been sworn, just for the record, state your name.

Gregory Allen.

Okay.

Please proceed, sir.

So prior to the January 7th virtual hearing, Mr. Anastasio called me to say that there was

a little confusion in how the mailing went out that it was listed as both public and virtual.

And so we agreed to have another meeting on the 14th where he and his client didn't attend.

And so during that January 7th meeting, we took no notes. We just heard from the attorney and

the owner. And so we have no way of gauging the community's position on this. When Mr. Anastasio

and his client left the virtual meeting, our meeting ended. So we have no sense of how the

community feels about this project. I can go based on other projects on that block, the 1600 block

on North 56th Street, where you denied a property across the street that was looking to be multifamily.

So that's the only sense I have of the community's position. And so Mr. Anastasio asked for a

resumptive hearing. I preferred to have it in the order so that the community's position came first,

but it seems we're here. So I can't tell you what the community thinks about this project.

Mr. Chair, our meeting on the 7th of January lasted exactly 47 minutes with Q&A from more

than half a dozen folks on present. And again, there is a legal three-family dwelling right

across the street on the corner i don't dispute anything or object to anything uh the test uh the

witness testified to though so thank you okay thank you one more time chair the when the meeting

witness testified to though um so thank you okay thank you

began the attorney indicated he was willing to have a second meeting and we still are regardless

of whether this is voted on today or not we're still willing to work and meet with the community

on a regular basis of course i i'm my concern is that the one property that's at the corner

is the only property on that block. The other

properties are south of that block and

that block is half LLCs and half

single family homes. And in that instance

1665 North 56, those neighbors

near neighbors did attend and they were opposed

to that section being converted to two

family. So that's the only way I can give you any sense of what the community believes. And I don't

want the community to be prejudiced by having any kind of input before they get a right, because of

the half a dozen people that attended that meeting, only two were near neighbors. And I'm included in

at six and i'm not in their neighbor okay all right all right is there anyone everyone everyone

was adequately mailed up mr chair uh based on you know in accordance with the code and there was no

indication uh there was no vote so there was no indication that anyone was opposed okay um anyone

else in the virtual audience there are no hands raised at this time chair planning commission

thank you chairman and board members David Fecto with the city planning commission

chairman and board members the comprehensive plan recommends no change to the RSA 5 residential

single-family zoning at this location the city rezoned this neighborhood in 2018 in accord with

recommendations in the comprehensive plan this property has a documented history as ground floor

retail and a one-family dwelling the appellant proposes to convert the former retail space into

a dwelling unit we also note that the affordability mentioned in the appellant's testimony cannot be

enforced by any city agency the city planning commission recommends the board grant the

requested use variance for two dwelling units okay um hillary um could we close this other than

the additional meeting and just take the results a letter from the um rco um that would be fine

mr chair um let me just give me one second yeah um maybe what we could do is um schedule the vote

for i believe they said the meeting was the february 14th i think it's 17 we've agreed

to the 17th i think 17th so okay shortly thereafter so maybe we'll we can schedule

the vote then for february 25th at 9 30 and the record's closed except for a letter from the rco

and comments from Mr. Anastasia. Exactly. Okay. Thank you very much. Okay. Yep. All right. Thank

you. And thank you to the RRCO member. Thank you. All right. Let's see here. Let's go.

number six

mi 2025 001 985 3610 tulip street juan rodriguez is the owner applicant

chair mr rodriguez is being promoted to panel

share they're being promoted to panelists i see him right here we're good okay

oh okay all right my first time doing this so i didn't know

it's no no yeah well we're fine we're fine

okay how you doing all right could you state your name and spell for the stenographer

juan rodriguez j-u-a-n-r-o-d-r-i-g-e-z all right do you swear or affirm tell the truth

the whole truth and nothing but the truth i do um and your wife's just gonna run the computer for

you yes okay could we make sure that she her she's alone in a position to run the computer for her

Could we make sure that she's alone in a position to run the computer for her husband?

husband.

Could that person please raise their hand?

The spouse of Juan Rodriguez so I could promote them and they could share their screen.

Yeah.

um how she gotta raise her hand

uh what's what's her name i can try to find her that way margaret margaret valdez okay

While we're waiting, why don't I read this for you? This application for use is a two-family

household living in an existing structure, no sign on this application, whereas the proposed

use two-family household living is prohibited in the RSA 5 zoning district. And our vice chair

has a few questions for you. Good morning. Have you submitted your documents and exhibits five

days in advance of this hearing yes okay and the chair just read the refusal so do you stipulate

to its accuracy yes okay thank you you can begin

chair i'm not seeing a martha in the audience margaret i think it's margaret

is that person um under a different name perhaps i don't see a margaret in the audience okay

let's see i think she's using my email so it's going to be on the um

juan rodriguez okay all righty i'm gonna promote them to panelists they just have to accept

all righty they should be rejoining as a panelist momentarily

yeah but

they are

are in

this is Ian Haggerty executive director I'm going to bring up the applicants

okay he's going to bring up you could just start testing okay all right well I'll wait

and see because it looks like they've just brought it up.

The purpose for this is to convert a single family to a two-family household. There won't

be no uh changes to the the structure of the building is going to remain the same you see

that now oh there you go okay so why don't you go ahead i'm gonna show you some pictures

of the

building.

The

RCO

community,

they didn't accept it.

Because

the only thing

they said, it was the trash

and

the neighbors.

the neighbors that the trash they put in in the front of the house right now uh dollar siga siga

i got some pictures uh the front of the house right right there is the house already converted

yeah it's a duplex already two apartments yeah and when was that done um a couple years ago five

did you do it not me you know i'm saying but you had people converted into it yes okay well please

please proceed um so uh like you see everybody got the trash out um

i'm gonna do a fence and on the side of the steps if you see right there

uh i'm willing to do a fence like for the trash you know some people do it like garden it's not

like for the trash you know some people do it like garden it's not going to affect the sidewalk

going to affect

or pedestrians walking you know down the street um i could do a fence just for the trash and uh

cover you know like um it's not going to change the the building it's just going to be a fence

uh separating the trash you know from uh the sidewalk by me doing that probably

motivate other people neighbors to do the same um the uh structure of the house is is plenty of