civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

Yeah, sure. So what kind of testimony do you have for us?

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first of all the notice that was on the fence it was out there a day and then it was gone

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i'm happy we took a picture of it so that we were able i'm able to be on this call

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it's a very narrow uh parcel of land i can't really see how three families are going to live

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in it uh and i believe i mean actually living next door to something like that i think if i

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had known that, I might not have even purchased my house.

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All right. Anything else you want to add?

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No, I just wanted to make sure that I was heard.

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Mr. Sokoloff, do you have any questions?

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No questions.

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Okay. Anyone else in the virtual audience?

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no further any commission thank you chairman and good afternoon david effecto with the city

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No further.

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Commission.

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planning commission chairman and board members the comprehensive plan recommends no change

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to the cmx1 commercial mixed use of zoning at this location there is no unique physical condition or

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circumstance of this property that would prevent it from being used in strict conformity with the

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zoning code. This is a primarily single family block face. The city planning commission recommends

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that the board deny the proposed use variants for three dwelling units. MI 2024-005-639-2350

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Reed Street, I vote no. Michael Johns, my vote is no. Cheryl Gaston, my vote is no.

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my vote is no

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my vote is no

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my vote is no

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thank you council

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number five

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thank you number five

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MI 2024

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005 963

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5430 to 44

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Pascal Avenue

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Frederick Cooper please

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Mr. Cooper's hand

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Chair

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I have a Katina

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with the hand raised

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I'll allow them to speak and see if they're

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well for this case

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Could you please state your name

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And spell for the stenographer

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Katina Carter-Geiger

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K-A-T-I-N-A

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You've already been sworn

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Have you got a hold of Mr. Cooper

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Yes, he's on here

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He says he's on here

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Okay, we're going to get Mr. Cooper

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Please

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James do we see Mr. Cooper

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not yet

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Mr. Cooper

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if you are in the virtual audience

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please raise your hand and wait to be

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sworn in

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Ms. Geiger did you

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send him the link that you

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received

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for this hearing

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Ms. Geiger

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can you please unmute

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Ms. Geiger are you still available

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I'm here

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I sent him the mute that I received

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I sent him the link that I received

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I see there's multiple of your name

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on here so he may be under

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your name but he does need to raise his hand

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tell Fred he needs to raise his hand

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and let them know that he's on here

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He needs to raise his hand

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They're calling for him to talk now

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And let them know what he's on here

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He doesn't know how to raise his hand

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He doesn't know how to raise his hand

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He doesn't know how to raise his hand

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He's on audio

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We're going to move on to the next case

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Could you get a hold of him and then try to figure out how we can get him on?

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We'll be back to you in about a half hour, okay?

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Okay.

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Number six, MI 2024-005-968-8000 Lanola Street.

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Alan Nockamson is the attorney.

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Recommendation of support from Winchester Park Civic Association.

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Nine in support, two in non-opposition.

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could you please state your name and spell it for the court stenographer?

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Yes, Alan Nockamson, A-L-A-N, last name is Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Could you identify your client or relationships in the property?

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Yes, my client is Tran Nam Du Pham.

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He's the owner of the property.

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Our vice chair has just a few questions, sir.

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Thank you.

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Good afternoon, counsel.

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Do you agree to weigh the reading of the refusal or stipulate to exact accuracy?

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I do.

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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, we have.

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Thank you, counsel.

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Please proceed and you can share your screen.

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Thank you.

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Just make sure I have the right screen up.

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I think I do.

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I think I have...

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Sure screen.

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All right. So I represent the property owner at 8,000 Lanola Street. This is a single family home

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and my client's not a developer. He's just a single family homeowner who recently had a young

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kid with his wife and he was just looking to expand his the inside of his house by converting

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the garage into additional living space and didn't know that he needed all these approvals and we'll

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go through the presentation you'll see other homes are just like this where they take the garage

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and make it into additional living space so it's a two-door car garage and he put like an additional

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living entrance that kind of centered the the living area and you'll see that in the pictures

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and then put a window where the other garage door was so you know during my presentation

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we'll review the notice of refusal and then we have a letter of support from the winchester

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park civic association so everyone at that meeting either voted in support of this project or non

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on opposition. Not one person who attended this very well attended meeting voted in opposition.

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And then we'll show you pictures of nearby converted garages. That's why my client thought,

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oh, I could just do this. Didn't realize there's a whole zoning code and building code that he

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needs to follow. And that's where he hired my firm after he got a violation against the property.

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And we're trying to legalize that from a zoning perspective. And then obviously we'll do that

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from a building code perspective as well then we'll review maps of the area so from a zoning

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perspective as well as a google maps perspective again we're just keeping the single family zoning

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use we're just legalizing the conversion of the garage into additional living area then photographs

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of the property as well you know from inside and out including that area where he can convert where

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the conversion was or is simple floor plans or meeting notice and proof of value of that notice

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our application for appeal that we filed to the CBA, the deed to the property,

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showing my client's the owner of the property, and the Certificate of Tax Clarence.

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At the conclusion of my presentation, I would ask that Tran virtually raise his hand and be sworn in,

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and I'll have a few questions for him.

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Notice refusal, pretty straightforward.

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We're taking a two-car garage.

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We're converting it into livable square footage.

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you know we're getting a refusal surface parking spaces and detached garages and carports are

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prohibited and required front side and rear yards so now or you know we are parking now is in front

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of our building and that's why we're getting these refusals it's a pretty big driveway we

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still have to be able to park multiple cars there not at issue and not out of character

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to many surrounding properties.

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Letter of support, again, you know,

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support nine members of the zoning committee for the RCO,

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11 members of the community,

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and in non-opposition, two members of the zoning committee

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or the executive board for the RCO,

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and 11 members of the community.

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Again, not one person voted in opposition.

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And then I guess this is what they provided as well

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as proof of, you know, how people voted.

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And then nearby converted garages. So my office did an analysis of properties within a couple block radius. In addition to ours, there are 14 other instances nearby of this happening similarly.

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So you have 2807 Winchester, 2904 Home, 2908 Home, 2910 Home, 2912 Home, 2918 Home, 1810, 8010 Nervon, 8012 Nervon, 8014 Nervon, 8016 Nervon.

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And it goes on and on. I'm not going to keep going through it.

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But again, this is a solid single family neighborhood.

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We're not changing the use of the property in that way.

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Photographs of the property, as you saw on the front page, we just converted this two-car garage to additional living space as my client's family is growing.

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This is Linoa from the front of the property.

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This is the zoning hearing posters from Linoa and Nirvan, which is the intersecting public street.

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This is Nolan to the right of the property, to the left of the property, Nirvana to right

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of the property, to the left of the property.

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This is the rear of our home.

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This is the additional pictures of the rear of our home, side yard, side yard.

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Interior photos. This is the converted garage area. So, you know, what my client is looking to do. More interior photos, very well-maintained and kept property.

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Interior photos.

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This is the converted garage area, so that, you know.

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And this is everything we showed the community as well. So I just, you know, made sure that it was, you know, the same as what I'm showing this EBA today. They asked us for a lot of photos inside.

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And then, you know, just our plans and drawings. So we're just making that conversion to make that into livable square footage. And this was the previous, I'm sorry, this was the previous two-car garage with the garage doors.

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It got converted into a double door for now a more pronounced front entryway for the single-family home. And then, you know, closed it up to make a smaller window.

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RCO meeting notice, 57 addresses were mailed this notice, proof of mailing of that notice

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or application for appeal.

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My clients actually started this process by themselves.

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They got kind of caught up, and that's when we kind of helped them out a little bit.

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The deed to the property showing that they own the property.

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Certificate of tax clearance.

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Those taxes are not yet due until the end of March, but that's why it's showing up.

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With that being said, I would ask that Tran virtually raise his hand and be sworn in.

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Yeah, I'm looking for them right now.

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Patricia Guarana has been allowed to speak.

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Hi, yes, this is Patricia Guarana.

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I'm a resident that lives up the street from the mentioned house.

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We're trying to find the owner first, and we'll call you as soon as we get the owner, okay?

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Okay.

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I'm looking for him right now.

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Okay.

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I know he is.

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He's not the most technologically savvy person.

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Mr. Knackamson, you're an officer of the court.

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We will accept your testimony.

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Questions from the board?

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Yes.

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Okay, so how close were these other conversions to this property?

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And do you know if these were legal conversions or just?

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So I can share my screen again.

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I believe there are legal conversions.

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My office tends to not like show stuff that has not gotten permits.

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i cannot be 100 concerned but okay the conversion you show different addresses how close are they

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or they are on the same i have a map of the area so here is our property right here we're number one

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I'm sorry.

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You see better?

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Yes.

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Okay.

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Where are you?

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Your cursor, I'm sorry.

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Right here.

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That's us, number one.

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