civus
Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

or are you

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talk to them we do not have any of their exhibits and this case is going to be continued thank you

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okay so mi2024 005 636 812 mckean street this case is continued to 6 11 25 at 3 30 p.m

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Our first case we're going to go to is number 5. MI 2024-002-371, 1639 East Cheltenham. Franklin Martinez Delastano is the applicant. No RCO letter or summary notice was given to the neighbors to hand delivery. The meeting was held July 2nd before take back your neighborhood.

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Chair, I had a hand up by the name of Angela Rios.

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They have been promoted to panelists.

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Hi.

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

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My name is Angelina Vidal Rios.

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First name, Angelina, A-N-G-E-L-I-N-A.

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Before I do it, are you the owner of this?

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franklin martinez is here with me he is the owner of the property okay does he have a problem with

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his language issue yes okay so you can't testify for him what we're going to have to do

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is reschedule this hearing and we will have an interpreter at the hearing that will work with

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him but it was requested prior to this uh you wanted it you requested an interpreter prior

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he had requested an interpreter prior that is correct so i i don't have any record of that

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and you know we we just can't allow someone to testify for him so what we're going to do is

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we're going to continue this and we will make a note right now that we will have an interpreter

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here okay so i can't translate for you cannot you cannot so mi 2024 002 371 1639 east cheltenham

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avenue this case is continued till 6 11 25 or 3 30 and we will make it a point to have an interpreter

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thank you very much and number six

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mi 2024 005 582 1550 winsome street um

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Wanda Canal Glashaw is the owner-applicant. It's a pro se.

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This application, hold on.

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The letter of unanimous support from the 10th Ward Democratic Committee.

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Gala Shaw, please.

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yes chair juan jenica has been promoted to panelist

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good evening good evening i could you please state your name

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and spell it for the court stenographer.

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My name is Joaquina Galashaw.

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Joaquina spelled J-U-A-N-K-E-N-I-A.

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Last name Galashaw, G-A-L-L-A-S-H-A-W.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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My attorney is also in the Zoom meeting as well.

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What's your attorney's name?

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Nixon, Connor.

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Could we bring the attorney on, please?

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Yes, sure. Nixon, Connor has been promoted to painless.

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Good evening, counsel.

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Good evening.

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Hi, could you please state your name and spell for the stenographer?

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Sure. First name is Nixon, N-I-X-O-N, K-A-N-N-A-H, with the law firm of Kana and Lasana, L-A-S-S-A-N-A-H.

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

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Yes.

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Our vice chair has a few questions for you, sir.

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Sure. Good evening, counsel. Do you agree to waive the reading of the refusal or stipulate

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Sure.

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Good evening, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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to its accuracy? Yes. Have you emailed in all the required

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

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of this hearing? Now, within five days, Vice Chair,

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I believe some of the documents were actually uploaded today.

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Yes. Looks like we have it being uploaded as of yesterday

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on the interior photos as well as some of the other documents.

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So please proceed and share your screen.

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Yes.

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My client purchased this property.

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Let me just, if I could have an opportunity to share my screen.

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Yeah, why don't you share your screen first?

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Has he been promoted?

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Yes, Chair.

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Okay.

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You should be able to share. He should be able to do it now, right?

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Yes, I just want to make sure I'm on the right page before I share.

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Please share your screen.

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Can everybody see that?

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Well, we're okay, sir.

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One is short, you know, bringing some of your documents up.

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Sure.

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Okay, the first document, my client purchased this property in July of 2023.

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Prior to purchasing the property, she basically, she advised the realtor that she was looking for a duplex.

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um she secured financing for a duplex let me just

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she was um giving the this is the next document on the screen here is the appraisal

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um comms in the area can you open up the documents we can't see them nor can we go

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forward without yeah you got you gotta you gotta tap on the documents and open them up okay

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do you see that now um yeah yeah i i i don't i'm not sure what that document is but why don't you

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continue to go through your document sure so this document this is the appraisal right that that she

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that she received prior to the purchase and this appraisal show all the comparison in the area or

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the duplex that were in the area um based on this based on this appraisal if i scroll down

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you can see the various addresses within the area her property is 1550 windsor um the comparable

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is 7936 Gilbert Street, another comparison 1501 East Warner Street, and then 7935 Gilbert Street.

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These are all duplexes. The price that my client paid for this property is based on

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the comparison within the area. Also, when she went to secure financing for this property,

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specifically state on her approval

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that she was getting

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this loan

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to purchase a duplex.

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All right, so councilor, here's what I think

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you should do. Start showing us the

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property. You have pictures of the property. One of you

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shows the property. Yes.

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Let's go back to

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here's the property okay

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first floor second floor units I'm going to show you some interior photos as well

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two cars garage one garage for the first floor one garage for the for the second floor

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This is unit one.

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Okay.

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That's the

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property. That's the apartment on unit

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one.

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Two bedrooms on each floor.

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We're not seeing that.

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No, I mean, we

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see something from the appraiser.

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Yeah, we're not seeing the

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can you see that now yes okay this is a bedroom on the on the first

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Yes.

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Okay.

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This is a bedroom on the first unit.

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Is that the first floor?

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Yes.

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Okay.

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And I'm going to show you the staircase from the first floor to the second floor.

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Can members of the board see that?

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We see the stairs going up.

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Okay, so this is the first floor, and this is the step leading up to the second floor.

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Could you show us some more photos, please, of the property?

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Okay.

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you have two kitchens yes two kitchens

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are the utilities separated downstairs everything's separated um mr chip um everything's

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separated separate parking um i believe that the person that owned this property

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advised my client that she owned it for 30 years and it's always been in the same position um

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Show us the photos here. We keep going back to the disclosure transaction summary.

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Trying to get out of here.

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You want to see the two separate kitchens?

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Sure.

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Okay. This is the kitchen on the first floor.

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Okay.

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You see that? Now I'm going to get you the kitchen on the second floor.

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This is the kitchen on the second floor.

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And it's basically two bedrooms on each unit.

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We did attend the RCO meeting on December 7th.

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We received a letter of support today.

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My client also, the notice of hearing was posted on the property.

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Let me just get to that photograph for you.

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Okay, prior to the RCO meeting, my client sent out the notices to neighbors that were impacted.

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This is the proof of mailing that was submitted to individuals within that area.

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Okay.

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And we have the tax clearance came back, I believe, yesterday or today.

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Let's see what else I need to show you guys.

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I noticed the RCOs had some concern.

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What was the concern of the RCOs?

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The RCO, the concern was, number one, I believe it was the trash issue.

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And then the second concern they had was if my client would put a fire escape ladder to get access from the second floor

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to give it a second entrance because as it is now from the second floor,

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the second floor unit would have to come all the way down to the first floor to exit the building.

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So the RCO was concerned that if there's a window, if she could put a ladder from the window in case of fire,

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I think that was the only concern they had.

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She agreed to that.

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Yes, yes, she agreed to that.

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can you continue on with the photos please sure this is the the proof of posting

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the the property is actually in the gate so she she posted sign here i also have another

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photograph where the sign is actually posted on the tree to let people know that it just

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posting relate to this property. This is the second bedroom of unit one.

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It's specific pictures, photographs you guys want to see. Well, one thing I wanted to bring to the

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to the board's attention as far as I mentioned earlier when she was purchasing this property

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and she

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secured financing

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let me just see what I'm looking for

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Counselor you

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could you finish that comment

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no I'm just I'm trying to find

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the

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attachment for that

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let's see

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so you say she got finances

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on the basis that it was a duplex

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yes yes I just I'm trying to find her

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Yes, yes. I'm trying to find her closing. Here it is. The closing is an FHA. Can members of the board see that?

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closing, oh, here it is.

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We see that.

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Okay. So it's an FHA loan that she has, and it's based on a two-unit primary. So my client basically did everything she was supposed to do in this case.

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She hired an appraiser. She hired a realtor. The financing, now she's trying to get a license to

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rent a second unit and she was denied a refusal. There's no construction involved. She has adequate

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parking for both the garage and off-street parking for the property. One concern, the RCO also

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had was the issue of trash where will my client put additional trash can and as we as you can see

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from this from the the photograph of the property the property sits off the street so what we're

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going to do is we're going to keep the trash off the off the street until it's time to bring it

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down all the all the trash can is going to be away from the curve until it's trash day and the picture

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that shows that is just can you go through the remaining pictures please you stop in

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it certain pictures just go through the rest of them okay

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i think this is another bedroom this is unit one

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this is the the posting

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kitchen, second kitchen, second bedroom. Those are all the photographs we have.

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Were there no pictures of the living rooms?

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I believe the room with the glass is the living room.

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Is there a bathroom on each floor?

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Yes.

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Yes.

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There are bathrooms on each floor.

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There are two two-bedroom units.

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Is that what it is?

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Yes.

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What's in the basement?

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I believe that the basement is a regular basement.

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It's not a finished basement.

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It's accessible only to the person on the first floor.

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And my client lives on site, so she's going to be occupying the first floor.

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