civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

in the city

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is it broken down as a duplex

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But is it broken now? Is it duplex now?

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Yes, yes.

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Okay, could you show us that?

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Yes.

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So this is the first floor.

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Are that him? He's going to have to testify, okay?

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Yes, this is the first floor.

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Okay, could you bring that up so we can see it?

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So we're only seeing all the pictures. Can you double click?

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Thank you.

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can you see it can you see it yes sir where is that this is the first floor okay could you see

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Do you have other photos to show us?

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Yes.

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This is still the first floor.

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This is still the first floor of the kitchen area.

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Okay.

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Show me the second floor.

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The second floor.

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Okay, here we go.

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This is the third.

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This is the third.

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You want this?

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This is the third.

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It's the ways in sequence.

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oh it's the way it's in secret so this is the third floor so this is the third floor two three

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floor stories you have yes and we're telling me how it's broken up it's broken up the you have

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three you have three units yes the bottom floor is me and my brothers that i live on there in the

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first the second and third was is being rented you have renters in the second so you have three

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Do you have separate utilities?

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No.

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Never had separate utilities in the three apartments?

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No, it's a three-story house.

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No.

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It was always running like that.

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Because even if you look on the city, 30 years ago, it was going to say two-family household.

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Two-family or three?

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Two-family.

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But the utilities are in the rent.

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Because I stayed there, too.

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So I just, I put the rent included with the utilities.

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Okay. So when you went to Nicetown Tioga, how did the vote go?

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Tell me about the vote.

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Oh, so they passed.

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So in the 1200 block of Tioga.

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Yes.

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Where you live, how many other places or multiple families?

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It's like the whole block almost.

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Not the whole block, but definitely a good amount.

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like it's right not even a block away from temple hospital like literally yeah i know where it is

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yeah it's like literally like 20 steps all right questions from the board

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what do you want to show me i did and i'm telling the deed it is the deed now no chair

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jim

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Jim

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I blanked out there

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for a second chairman sorry I just

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got back on

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no questions

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questions from our attorney Hillary

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Emerson

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um yeah i just wanted to to clarify because at the beginning of your presentation you said

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you wanted to re-legalize this as a duplex and then there's some talk of three units and the

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rco said you really wanted three units um but i am i'm confused at how many units you

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you actually showed up i live on the bottom floor i rent the second and third but as a single unit

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I do rent the second and floor third floor together as a single unit or those each unit

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themselves okay so you're okay so you are asking for a triplex triplex okay in that case we need

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to amend the refusal because the refusal says duplex but that's the way the house was already

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since 30 years ago she just if you look at the paperwork she just recently changed what like

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seven years ago when she passed when she passed no i yeah but no listen to me what she's saying

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what she's saying is on the paperwork you asked for two when you got the when you went to this

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the community you said three and you're telling us today three but you initially only asked for two

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no i didn't tell that's what they told me i explained the layout to them and they just

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oh that sounds like a three story and she said i'm going to pass it to the next people and they

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can decide. Because I guess when I told them that it's three stories, she was like, I think that's

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Because I guess when I told them that it's three stories, she was like, I think that's a three triplex.

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a three-story, a triplex.

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I said, no, I live there. I only rent two other places up top.

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Yeah, I think I think there was confusion because this what you're asking for is an owner occupied triplex.

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Right. Yeah. So you need to you if you want to have three units here, whether you live in one family rented, whatever.

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the number of units determines what it is under the zoning code so three units is multi-family

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triplex we need to have a refusal that reflects that before the board can vote on this so we will

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need to have the refusal amended um and either myself or zba staff will reach out to you for

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how how to do that um we essentially will need a letter um from you and then you'll need to go back

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to lni and get and get an updated refusal and then we can vote on this okay okay and you'll hear from

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us um you had a question i had a question i deal with the paperwork this is our first time so it

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was kind of so we'll hear from you guys right yeah and i just wait for you guys and then we

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have to reapply you saying you don't have to reapply you need to go back and get an amended

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refusal um it's the same application but you're asking for one additional dwelling unit than what

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you were asking for before and it needs to say that on the refusal before the board can vote on

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it otherwise if we voted on it now it would just be a duplex but you have you're telling us that

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you have three units and you want to legalize this three unit okay so amend the application

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do i go on side the eclipse thing again and do it um you will be you'll end up emailing actually

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the examiner directly but we will give you instructions for what to do oh okay excuse me

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this is the court reporter could i please ask that the woman who's speaking identify herself

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my name is rosemary garrick r-o-s-e-m-a-r-y-g-a-r-r-i-c-k thank you

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um okay hillary do we want planning to take a position um if if they if not then we'll

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have to do a resumption we also need to check for public testimony right okay questions or

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comments from the virtual audience no hands chair planning commission this is uh ron bednar city

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planning property is indicated for residential use on the city plan given the physical circumstances

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of the site we recommend the request of variance be granted so so you're going to hear from us

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right and you'll have to reapply at l and i and then we're going to bring it back okay okay well

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not not re not reapply but we'll be sending uh materials to l and i issue an updated refusal

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then we'll vote on it um aside from the amended refusal the record is otherwise closed one more

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question so once we come back do we have to do this all over again uh no you take the vote within

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you're on your tell us or we have to be here yeah yeah you know you don't have to be here for the

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vote we just once we have their amended refusal then we can vote on it okay you're voting that

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you let us know what the vote is yes ma'am if i could if i could just step in this is tanya real

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quick so we will send you the decision that the board renders and then you'll be good to go after

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we complete everything you don't have to come back to us or anything we'll contact you thank

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you so much for the explanation thank you so much thank you okay is there anyone in the virtual

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morning whose case has not been called there are no hands here thank you uh thanks everyone

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i mean this has been this has been two long days this is a week it's just been two long days and

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i and i really do appreciate everybody and tanya i appreciate what you did yesterday getting us

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I always, always got to.

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