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Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

Thank you.

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can y'all hear me now yes okay all right cool and chair we have 42 attendees and we can start as you

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wish morning everyone my name is bill bergman and i will be chairing this morning's meeting

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with me is our vice chair ismail shaheed president mr chairman our board member

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Cheryl L. Gaston.

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Present, Mr. Chairman.

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And our board member, Michael Johns.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson.

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Here's our virtual format.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting

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ZBA Executive Director at phil.gov.

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For our court stenographer, we ask attorneys and witnesses

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to identify themselves before testifying.

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If you're participating by phone,

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press star nine to raise your hand

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and star six to unmute.

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To enter the appearance statement,

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call 267-270-5548.

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Leave your email address

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and the address of the property in question.

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And finally, the question box on the screen

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is not for testimony.

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All requests should be directed

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to our executive director.

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That's ZBA, Executive Director, at phil.gov

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Let's look at our schedule for today

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Number one, MI 2024-003-538-1304-208

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East Paschank Avenue, that case is continued

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Number seven

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M.I. 2024-003-731-2617-25 Grace Ferry Avenue. That case has been continued.

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Number eight, MI 2024-003-732-1040 Wall Street. Joseph Consul is the attorney. I understand

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there's a request for continuance. Good morning, Chair. This is Yvette Benton. I'll be your co-host

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for today. Joseph Consul, please unmute yourself and wait for the chair.

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Mr. Consul?

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I'm here.

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Hi. Could you please state your name and spell for the court stenographer?

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Joseph Consul. That's J-O-S-E-P-H. Last name Consul. C-O-N-S-O-L-A.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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I do. Mr. Consul, we have information from the council member's office that this case is going

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to be continued. Yeah, well, we had we had two formal meetings with the RCO. We made changes to

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the plans for the second meeting. We thought that was going to be it. I mean, we had a lot of we had

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really no no negativity, all support. But I heard from the RCO that they wanted to meet one more

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time before we had any chance of getting their blessing, which we recognize we want and need.

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So, um, I thank you. That's, that's the deal. Thank you, Mr. Counsel. So MI 2024-003-732-1040

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Wall Street, that case has continued. Number nine, MI 2024-003-740-1324-26 East

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Pashunk Avenue. Bernard Anastasio is the attorney. I understand this is a request for continuance.

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Bernard Anastasio, please unmute and wait for the chair.

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Good morning, Mr. Chair.

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Counsel, could you please state your name as spelled for the court stenographer?

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Sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O.

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On behalf of Mr. Evan Roth, my client, occupant of the subject property.

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You swear or firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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I understand from the counsel person's office that there's a request he believes.

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I understand from the counsel person's office that there's a request.

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He believes there's a request for continuance.

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Is that correct?

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The RCO has requested a continuance and we offer no objection.

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All right.

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Thank you very much, sir.

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So MI 2024-003-740-1324-26 East Pass Shunk Avenue.

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That case is continued.

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And number 15.

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MI 2024-003-935, 4422 Carr-Winthin Road, that case is continued.

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Are there any other requests for continuance?

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Chair, we have Raymond DiRizio with their hand up.

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They've been unmuted and allowed to speak.

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okay the hand was up it just went back down chair

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okay now it's back up again Mr. Dorizio please unmute yourself and wait for the chair

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thank you counsel uh could you please state your name and spell for the court stenographer

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yes good morning Mr. Chairman and members of the board Raymond Dorizio r-a-y-m-o-n-d

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last name d-o-r-i-z-i-o you swear or affirm to tell the truth the whole truth and nothing but

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the truth yes i do mr terizio i have case number three um that we do not have any exhibits for

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that's m-i-2024-003-551-2506 north 16th street is that the case you want to talk about sir

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That is, yes, thank you. And we will be withdrawing that appeal, a separate one pending, which is in February. So this one we would be withdrawing.

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And Hillary, we don't need a letter, am I correct?

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No, because it has been withdrawn on the record by the attorney.

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Thank you very much. Thank you, Mr. DiRizio. We'll see you in a little bit. MI 2024-003-551-2506, North 16th Street. That case has been withdrawn.

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And number 16, MI 2024-004-744-4902 to 06 Rising Sand Avenue.

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Angelo Parker is a listed applicant.

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Sasha Cruz is the listed owner.

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No exhibits first listing.

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We understand there may be a withdrawal here.

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Angelo Parker or Sasha Cruz, if you're in the virtual audience, please raise your hand.

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I see no hands, Chair.

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So, MI 2024-004-744-4902-206 Rising Sun Avenue.

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Cases continued.

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Mark must be heard.

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We're going to go to our add-on cases.

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Number one, MI 2024-003-742-5499 Quentin Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ismail Shaheed, my vote is yes.

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Number two, MI-2023-004-486-7201 Marston Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Ishmael Shaheed, my vote is no.

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Number three, MI 2024-005-342-1901 North American Street. This case is continued to 11-6 at 9-30.

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Number four, MI 2024-00127-5458 West Burke Street, cases continued until 11-6 at 9-30.

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and now we're going to go start our regular list

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and we're 14 excuse me mr chair there's one note for the record um number five on the add-on list

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MI-2024-003175-6709.

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MI-2024-003175, 6709 Essington Avenue. The vote in that matter has also been rescheduled to 11-6 at 9.30 a.m.

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Thank you very much. I thought we were going to hold that one, but okay, thank you.

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number 14

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MI 2024

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003

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934

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2653

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North Daring Street. Jermaine Harris

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is the attorney.

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We do not at this point have an RCO

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letter. Mr. Harris

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Harris is coming back in as a panelist now, Chair.

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Mr. Harris?

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Yes, good morning.

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Good morning, counsel.

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Could you please state your name?

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It's spelled for the court stenographer.

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Sure. It's J-E-R-M-A-I-N-E. Hold on. I'm trying to get my picture up.

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Video, right?

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Yes. Yeah. Yeah. My right. My video. Trying to get that up right now as we speak.

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Okay. That's a lot better.

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tell you your last name for the courts uh h-a-r-r-i-s where a firm to tell the truth

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the whole truth is nothing but the truth i do could you identify your client and the relationship

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to the property so my client is the owner uh applicant is isabel flores and our vice chair

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oh i'm sorry right isabel flores is the owner of the property and she should be on this call

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All right.

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Our vice chair has a few questions, sir.

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Sure.

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Good morning, counsel.

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Do you agree to either read another refusal or stipulate to its accuracy?

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Yes.

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

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Yes.

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Thank you, counsel.

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Please proceed and share your screen.

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Okay.

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Okay.

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Okay. All right. Good morning again. My name is Jermaine Harris, and I am the attorney for the applicant, the owner applicant.

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and this is concerning uh the property at 2653 north uh darien street uh and basically uh what

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the application for is for is for the legalization of a rare addition to a two-story structure

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with a roof deck and it's a single family dwelling. Now I'm going to go over some pictures

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so that way you can see what I'm talking about. This right here is the front of the building,

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two-story, two-bedroom building. And this is a property that my client purchased in 2021.

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She purchased it from a real estate developer, unknowing that there were certain, well,

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she knew that there were she knew that these things were present but she didn't know uh that

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these were not approved so this is the rear to the second story this is the rear

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this is the rear of the uh building the rear addition and what we have is also

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a rooftop deck

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that was erected

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that was also present

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when she bought the property.

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This is the front of it.

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And this is another angle

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of the particular

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of what we're talking about

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as far as the open rooftop deck.

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This is a side view of the erection of the deck.

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the deck hold on and this is another side view of the of the deck now we did

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Hold on.

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have a community meeting for this property on 1027 and a letter i thought that a letter was sent

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to you guys uh but it's dated uh yesterday um but it it was only five because they took the

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position that because it was only five members that was uh present that it wasn't enough to take

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a vote so their position is that no vote was taken because it wasn't enough in their mind

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and they didn't want to do they have a certain number that they were looking for which was six

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but it's important that we did field the questions of the community that did appear

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And actually, we had two meetings, and the voter turnout for both meetings were extremely low. The first was October the 10th, and the second one was October 24th.

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24th. And again, the October 24th meeting that we had, it was still a relatively small amount,

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so they elected not to take a vote. But of the members that came there, we fielded the questions

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and they had no concerns whatsoever to it. They just felt that it just wasn't enough

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members in order to make a vote so that's what we have here is the letter and i guess i can submit

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that um since yeah i'll i yeah i was going to say i can submit that uh following this hearing but

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yeah um hold on so

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this is the deed

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evidencing that the property

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was bought in

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2021 a deed of ownership

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for this and it was

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from a residential

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it was from a real estate developer

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let's get back

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So this is the plans for the building. So we have here. This is the first floor. You walk into the building. You come straight into a kitchen bathroom.

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and that's the first floor, kitchen living room, sorry.

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Then you walk up the stairs, continuing up the stairs.

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And then you have the first floor bathroom, first floor bedroom.

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Bathroom right here.

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and then the second bedroom with the bump out and the addition that was put on.

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Then you walk up the stairs and you go to the roof deck,

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which encompasses the entire length of the building which is reflected right here

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so again this is a two-bedroom one bathroom two-story uh building with a with a rear addition

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and oh uh in the open rooftop deck uh she's looking to legalize it it's important to note

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also that English is not my client's first language and she didn't realize that there was

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even an issue with this property until about a year ago when she got a violation from the city

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and was told that this has to be legalized. No one had any problem. Mr. Harris, could we see

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your referral? Oh, sure. Refusal.

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