civus
Hearing audio

ZBA Hearing - April 15, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 15, 20266h 18m

We do have a finished basement in that regard.

Similar wording

and that's where you're planning to have that okay and uh i guess um how many

Similar wording

bathrooms two full bathrooms okay and how is this laid out i'm not i'm not seeing so where the

Similar wording

bedrooms what floors is that it should be in the plants here that are being shown there should be

Similar wording

The architect should have, they should be plans with you because she's the one who put this together. I don't know if I need to present this to you all. No, it should be part of your packet. Can we see the floor plans?

Similar wording

yes okay all right so so then um the bedrooms are all upstairs on all bedrooms on the second floor

Similar wording

okay the bathroom and we have a bathroom on the second floor and we have one bathroom for

Similar wording

on the first floor okay

Similar wording

all right well the questions from the board thank you

Similar wording

Other questions from the board. Thank you. I might have missed this. How many individuals are you hoping to have in the house? Three, maximum four. Three, maximum four. Okay. And then is the thought that this is going to be fully assisted living or that they're going to come and go as they please? Will they be handling their own cooking? Or will somebody from here?

Similar wording

I might have missed

Similar wording

be coming and going as they please, according to their health status. So our job would be to

Similar wording

assist them. We're offering assistance, not nursing care. Yes, ma'am. Yes, we're just coming

Similar wording

to help them learn different various skills, getting forth, back and forth to the different

Similar wording

areas that they need to go to. And then what's the typical tenure of a resident that would stay

Similar wording

in the house like are they here long term or is this sort of an interim well our hope is long

Similar wording

term yes okay and who who would do their meds who would do their medication well the the train staff

Similar wording

that would be uh certified to do it all right um what's the plan for storage of the medication

Similar wording

Bob cabinetry for each person individual okay

Similar wording

questions from our attorney Hillary Emerson

Similar wording

no it's this time Mr. Chair questions or comments from the virtual audience

Similar wording

no hands at this time Chair

Similar wording

Planning Commission Amy Boyd with the Planning Commission AYBOID

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth

Similar wording

i do please proceed the comprehensive plan recommends no change in zoning at this location

Similar wording

to the existing rsa 5 residential single family the appellant has demonstrated that the proposed

Similar wording

use will not cause detrimental impacts beyond what would reasonably be expected the planning

Similar wording

commission recommends that the board grant that requested special exception for care home

Similar wording

Thank you.

Similar wording

We're going to hold this.

Similar wording

We're going to vote on this next Wednesday at 2 p.m.

Similar wording

Okay.

Similar wording

So you don't have to come back.

Similar wording

You can just listen on the phone.

Similar wording

Or obviously, if you want to come back, you come back.

Similar wording

But we're going to vote next Tuesday at 2 p.m.

Similar wording

Thank you so much.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

Is there anything else that perhaps that we need to know that you believe that we?

Similar wording

No, I think you covered what?

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

We're going to go to number one.

Similar wording

Here we go. Um, am I 20, 25, 0, 0, 2, 8, 4, 4, 26, 19, North 29th Street. Vernon, Anastasio is the attorney.

Similar wording

They're being promoted from strawberry matching. Concerned. A letter of non opposition from

Similar wording

Councilmember Young and a letter of support from State Representative Keith Harris.

Similar wording

And, Mr. Chair, we also received a letter of support from Swampoodle Neighborhood

Similar wording

Parcels Association RCO with some provisos, including one requesting a reduction in units

Similar wording

from three to two. Okay. All right. Mr. Anastasio. Good afternoon, Mr. Chair.

Similar wording

Mr. Anastasio, you've already been sworn just for the record.

Similar wording

State your name.

Similar wording

Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Martin Frazier, the owner of the property in question.

Similar wording

Our board secretary has a few questions for you, sir.

Similar wording

Thank you.

Similar wording

Good afternoon, county.

Similar wording

Good afternoon.

Similar wording

Have you submitted your documents and exhibits five days in advance of this hearing?

Similar wording

I have.

Similar wording

And do you waive the reading of the refusal and stipulate to its accuracy?

Similar wording

I do.

Similar wording

Then you can proceed with your case.

Similar wording

Thank you.

Similar wording

26.

Similar wording

But as the Attorney Emerson and yourself mentioned, Mr. Chair, we have lots of letters of support and non-opposition.

Similar wording

All of them coalesced over to family dwelling.

Similar wording

Our initial application was for a triplex.

Similar wording

We had at least two meetings with the RCO.

Similar wording

First one was very productive.

Similar wording

We got a lot of input, a lot of feedback.

Similar wording

We went back, revised our plan, presented it again.

Similar wording

That second meeting had some major technical difficulties.

Similar wording

We had about 25 people in the queue to attend that RCO meeting while we were

Similar wording

to attend that RCO meeting. While we were waiting, we received an email that we would

Similar wording

be meeting via a new link. So while my client and I were, in fact, able to jump on that meeting with

Similar wording

the new link, most of the folks in support who attend in attendance could not, did not. However,

Similar wording

However, we also have signatures of folks in the immediate area that's included in my 90-page exhibit packet that I'm moving everything into evidence.

Similar wording

And the good news is we have an accord with respect to the duplex.

Similar wording

Again, it's 2619 North 29th.

Similar wording

It is zoned RSA 5.

Similar wording

My client did purchase it.

Similar wording

At the time, it was already kind of chopped up.

Similar wording

He fixed it up, believing that because what he had was a multifamily, he just needed to refurbish.

Similar wording

And then he found out when he tried to get a rental license that it was, in fact, not zoned for multifamily.

Similar wording

He then contacted me, and we proceeded to start the appeal process.

Similar wording

I'm going to go to photos first so you can see what he's done.

Similar wording

Yes, it is going to be a little bit of work to turn this into a duplex, but it's not necessarily cost prohibitive, so we've agreed to do it.

Similar wording

There's the notice of appeal.

Similar wording

Here's the interior layout.

Similar wording

Pictures.

Similar wording

Getting this to a duplex is going to require the second and third floors be a bi-level.

Similar wording

three bedroom one den apartment luckily just removing a small galley kitchen

Similar wording

and removing one door will in fact accomplish that goal

Similar wording

but as you can see it's very handsomely appointed it's the nicest house on the block

Similar wording

and by the way there's not many houses on the block this block has suffered major disinvestment

Similar wording

and a real lack of density. As you can see here, there's vacant lots just to the side of it

Similar wording

and several more on the block. And those properties that have not been torn down,

Similar wording

some of them are vacant as well. So you get a feel for the quality of the work,

Similar wording

both inside and out. As you can see, it's very well appointed, very well maintained.

Similar wording

There's the porch, really beautiful wood, real good attention to detail.

Similar wording

This is the letter that went out.

Similar wording

What's in the basement?

Similar wording

It's going to be just mechanicals.

Similar wording

Okay.

Similar wording

And I'm going to show you a plan in a minute.

Similar wording

It's just not part of this particular packet because it was part of our negotiating and dealing with the community up until sort of the last minute.

Similar wording

but this is the community letter that went out to everyone we had a 203

Similar wording

individual households mailed the first time what the second time 196

Similar wording

individual households belt mailed the first time so everyone's been put on

Similar wording

adequate notice I'm going to stop sharing this I'm going to show you the

Similar wording

the plan as everyone has come to land it on okay so this is the front left to

Similar wording

right to the rear this is as you see the the basement mechanicals only and then

Similar wording

we have the first floor unit here is my cursor going up the stair this is that

Similar wording

beautiful porch with the wood ceiling that I showed you. You go in the front door to the left

Similar wording

you'll be in your first floor unit. It's a one bedroom unit. One bedroom right here. Full bath

Similar wording

right next to the bedroom. Nice size kitchen and living area and a home office so that folks can

Similar wording

work from home like many of us do. And then an entrance off of the office to a rear yard where

Similar wording

trash will be stored. Again, basement

Similar wording

is also available for trash storage. One of the RCOs

Similar wording

really is concerned about trash and asks that

Similar wording

all trash be stored inside as opposed to in the yard.

Similar wording

The yard will be enclosed, of course, but that is going to be up to the board

Similar wording

to decide, I suppose. But we have no qualms with that.

Similar wording

Second floor unit, when you come up the stairs,

Similar wording

if you go all the way up so you're coming up the stairs here up to the third floor is the living

Similar wording

space for the second floor third floor by level the third floor is a walk up as you can see here

Similar wording

it's third floor by level the third floor is a walk up as you can see here living dining

Similar wording

kitchen area we have bedrooms on either side of the living space with a full bath

Similar wording

second floor also will have a washer dryer a trash closet two additional rooms that could

Similar wording

be used either for bedrooms or for home office gym and on either side with another full bath

Similar wording

So you have one, one bedroom apartment with an office and the second unit will be a bi-level, either three bedrooms and a den or four bedrooms, depending on the size of the family with two baths.

Similar wording

It does come with a vented trash closet and a washer dryer.

Similar wording

This is the plan and the proposal that all the RCOs and I worked on for close to a year.

Similar wording

We were able to get and enjoy the support of our state representative as well.

Similar wording

And I also move into evidence page 89 and 90 of the original exhibit packet that showed lots of signatures from immediate neighbors, all supporting the appeal to the board.

Similar wording

With that said, I respectfully request, given the conditions of this property, given the conditions of the block, respectfully request the granting of the variance.

Similar wording

With that, I'd like to call my client, Martin Frazier, to adopt my presentation.

Similar wording

Could that person please raise their hand?

Similar wording

All right.

Similar wording

They're being promoted to panelists.

Similar wording

Thank you.

Similar wording

Thank you.

Similar wording

hello hi sir could you please state your name and spell for the stenographer yes good afternoon

Similar wording

my name is martin frazier it's m-a-r-t-i-n f-r-a-z-i-e-r last name you swear or affirm to

Similar wording

tell the truth told truth nothing but the truth yes sir thank you mr chair mr frazier did you hear

Similar wording

my presentation to the board today yes sir you went accurate to the best of your knowledge

Similar wording

yes and you adopted as your own testimony yes sir thank you i have nothing further mr chair

Similar wording

Questions from the board.

Similar wording

Go ahead.

Similar wording

Go ahead, Mike.

Similar wording

No, I just I don't I don't see how you square the four bedroom unit with the one bedroom unit that has a living and dining room kitchen area that's adequate and a four bedroom unit that's really just a kitchen.

Similar wording

So I don't know how you square that together.

Similar wording

Well, this this room right here can easily be used as flex based family room.

Similar wording

I mean, someone just drew in that bed, but, I mean, that's necessarily, it's right off the kitchen here, and that's what we were thinking, that they would use it for, you know, either a family room, a TV room, something like that.

Similar wording

I think that's fine and dandy, but as long as it's a legal bedroom, it's going to get counted as a bedroom.

Similar wording

So I do think for both of the units, that's continuing to be something I'm struggling with because the first floor unit is a two-bedroom by definition.

Similar wording

We can call it an office all we want, but as long as it's 70 square feet, it meets the legal requirements of a bedroom under the Philadelphia Code, it's going to be a two-bedroom.

Similar wording

Well, we can remove the closet and then it can't be a bedroom, right?

Similar wording

We could remove the closet, that is true, but that wasn't proposed.

Similar wording

So I think I also have a question about how you get to the third floor.

Similar wording

Is the door going to remain where it was for the 2nd floor apartment, or is the door going to move so that the 2nd and the 3rd floor in the same unit?

Similar wording

The door is going to move. So the 2nd and the 3rd floor in the same unit. Okay.

Similar wording

And we have no problem. We're moving the floor unit is going to have access to the rear yard and the basement. That's correct. Only the 1st floor unit.

Similar wording

i didn't mean to talk on top of you ms winn we are totally okay with removing those closets

Similar wording

okay yeah i mean because then it would need to happen in the whatever family room happens

Similar wording

on for as the living room as well yep we can remove the closet in the office here we can

Similar wording

remove a closet off this tv room which is what we were imagining the the person who drew these are

Similar wording

no longer with the team so we really it's hard for me to doctor them all right other questions

Similar wording

it's hard for me to doctor them all right other questions

Similar wording

questions from our attorney um no um questions i just um wanted to note that the board may wish

Similar wording

to add venom proviso to specify the number of dwelling units now requested since the original

Similar wording

what's the provisors so that provide so mr chair may i ms emerson may i ask that you speak up i

Similar wording

can't i'm sorry is that better yeah much better no i was just mentioning to the board that um since

Similar wording

two units is now being requested that would be a subject of a proviso for this case so correct

Similar wording

questions or comments from the virtual audience chair we have a hand up from strawberry mansion

Similar wording

community concern okay

Similar wording

good afternoon can you hear me good afternoon how are you could you please state your name

Similar wording

and spell for the stenographer my name is bonita cummings b-o-n-i-t-a c-u-m-m-i-n-g-s

Similar wording

do you swear or affirm to tell the truth the whole truth nothing but the truth miss cummings

Similar wording

I do.

Similar wording

Please proceed.

Similar wording

Story Mansion Community Concern was the coordinating RCO, and I want to correct some things for the record.

Similar wording

There were two meetings.

Similar wording

One was held March the 30th, which as Swampoodle, along with one other resident, and then the attorney, his applicant did not appear on a call where we agreed that we would

Similar wording

want to have uh not three units but two units um to that to that uh location and then a

Similar wording

second meeting was requested because several changes have been discussed the link um went

Similar wording

out for a separate meeting which had nothing to do with any technical difficulty so if there were

Similar wording

25 people on and in a queue they were in a queue that either the attorney sent the wrong link to

Similar wording

which was from the march the 30th meeting and there had been a new link based on that meeting

Similar wording

sent to the attorney which he may later have realized he had so i just want to correct that

Similar wording

because it's as if some technical difficulty happened that made 25 people not be able to be

Similar wording

on that call that is absolutely not correct the only technical difficulty was that we could not

Similar wording

give the attorney um the ability to share okay also there was no measurements of what we received

Similar wording

um we received on that same meeting uh monday the uh you know some arrows and things drawn up

Similar wording

on a schematic that was indicating what would be done and there's no way of really measuring

Similar wording

anything in that property you know to specification as to what people will be living in

Similar wording

um because it's just not there further um those those documents that you have it was saved as um

Similar wording

2619 south 29th street and one of the and the schematic itself says 2619 north 19th street

Similar wording

so we really don't know what we're talking about i'm sorry i'm sorry i'm speaking so so i just

Similar wording