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Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

This variance would actually not be required at all in the I-1 rather than I-2 district

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or along the nearby ICMX and CA2 zoning districts.

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However, I-1, I'm sorry, I-2 does require a variance

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for a building identification sign above the second floor windowsill.

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Here is a aerial of the neighborhood,

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again, showing the commercial corridor of Allegheny Avenue.

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It's a major arterial.

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along uh this st hugh and fair hill neighborhood and here are site photos again um in short we

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submit this small variance um would you know allow a small sign to fit um just above the window so

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to afford reasonable visual identification of this existing building um particularly as you can see

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in the top left here on a broad streetscape of Allegheny Avenue. It has bike lanes and

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several bus lines along the avenue. Here in the bottom left, you can see the scale of this building

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relative to its neighbors. Again, here in the top right, this building right across from Hancock

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Street is Casa Caribe. It's five stories tall. Across the street on the other side of Allegheny

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is Hancock Manor. That's seven stories tall. And this large building also next door in Allegheny

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is the two-story Salvation Army with a slightly larger tower. So certainly we said

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is the two-story Salvation Army with a slightly larger tower. So certainly we submit that the

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Thank you.

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building identification signage on this one building that stands alone on this block

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is appropriate, reasonable, and a minimal modification of the code at issue. Here again,

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you can see a street level photo of where the building stands. And here is the site plan and

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design of the signage. I'll pull up the signage design specifically. As you can see, each sign

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has static illumination from within, so they can be turned off at night. Nothing blinks or draws

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unwarranted attention. Below the sill is the word ASEE, backlit with wall-mounted acrylic letters in

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blue, about one foot tall and four inches deep. Above the sill here is the five by seven ASEE logo,

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which is very well known here in Fair Health, where it's placed on all of these four

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Caribe development buildings that I'd be remiss not to note with Maria Gonzalez on the line

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that Ossie and the city have worked together over the past three decades to transform several

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blighted lots in the Fairhall neighborhood into about 200 units of affordable senior

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and community space, including 81 units here at Villas del Caribe. The 7th Ward RCO met virtually

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on March 12th, with 23 individuals in attendance, voted unanimously as an enthusiastic and unqualified

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support of approving signage for V.S. del Caribe, again, to afford reasonable visual identification

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of this pre-existing standard bearing center for community and affordable housing in Fairhill

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and North Philadelphia and across the city of Philadelphia. Mr. Chair, for all these reasons,

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I'll just pull out this photo again.

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We submit that the grant of this variance is consistent with the spirit of the code,

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represents the least possible modification of the regulation of issue, will not alter

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the character of the neighborhood, and will rather benefit, not detriment, the community

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with no adverse impact on congestion, safety, transportation, welfare, and the environment.

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And with that, bring your client on.

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Absolutely.

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Absolutely. My client in the audience is Maria Gonzalez.

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Sure. Thank you.

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Ms. Gonzalez?

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can you hear me i can i can could you please state your name and spell for the stenographer

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yes maria n gonzalez m-a-r-i-a n-g-o-n-z-a-l-e-z do you swear or affirm to tell the truth the

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whole truth and nothing but the truth yes i do please proceed counsel thank you mr chair uh

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good good evening maria i have just a few questions um first have you heard my testimony

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in the description of this application today yes i have and the information that i provided

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is it true and accurate to the best of your knowledge yes it is and would you now adopt

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and affirm this testimony as your own yes i do thank you very much questions from the board

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questions. Yeah, just about the, you said that these will be internally illuminated

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signs. Is that what I heard? Yes, that's correct. Okay. And then, is this going to be

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are they on a timer? Is this going to be 24 hours a day? How is the illumination going to work in

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terms of, you know, how they're not, you know, will be? Yes. Thank you, Chairman Gaston. So

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they're, they're internally lit so that they can be turned on and off. And as I mentioned at night,

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They can be, you know, it's on the Allegheny Street corridor, but, you know, they can be turned off to, you know, keep the lighting.

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Do you have a plan for that? I mean, is it going to, like, come on at dusk and go off it, you know, or is this going to be an all day, all night?

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you know or is this going to be an all day all night thing or how is this going to work

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so i don't believe it was raised at the community meeting but um you know maria's we discussed this

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she's happy to turn the lights off each evening um at you know at dusk no i'm just i'm just asking

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if there's a plan for it or whatever I don't I don't know whether it will be a problem for

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the community or not but just you know if there's a plan for you you have the lighting so the question

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is you know is there a plan for um I see these signs will be illuminated and Maria I see your

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a timer or whatever just asking yes how are you miss gonzalez hi how are you good to see you again

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good i'm good um yes we do plan to have a turn off switch um just to make sure that yes we are

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saving energy as well and we plan also to have a timer so it just gives us various options to turn

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up the lights when we need to, for whatever reason, is it repairs, you know, to replace

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bulbs and things like that.

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All right.

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Thank you.

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I have a question.

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It looks like there's a number of single-family homes across the street.

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Just wondering if they attended the community meeting, and specifically if you know if they

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gave their support.

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um i'm not aware as to whether the the neighbors across the street attended the community meeting

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and and maria um jump in if you are aware as to whether any of those neighbors attended

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i understand you know the sport was unanimous but i don't know if they were in attendance

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right um we did invite the residents across the street um i do not have the signing sheet to

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affirm whether um some of those residents did attend um i know that we do uh actively and widely

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um inform the community about meetings especially as it relates to zoning issues but i can't really

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definitively say whether they um you know they attended they were invited but i don't know if

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they attended okay thank you all right other questions from the board questions from our

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attorney, Hillary Emerson. Not at this time, Mr. Chair. Questions or comments from

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the virtual audience?

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Planning Commission.

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change

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to the current I-2 medium industrial zoning at this location. The existing

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building corner sign and configuration

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would not allow the sign to be placed in conformance with the zoning code.

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Therefore, the Planning Commission recommends that the Board grant the requested variance for sign height.

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Thank you. MI 2025-000-392-167 West Allegheny Avenue, 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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Ioan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counsel.

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Thank you. Thank you all for your time.

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Number 12, MI-2025-000394-2026 South 5th Street.

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I'm going to do back-to-back here.

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Okay.

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Hi, Vern. You've already been sworn. Just for the record, state your name.

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Good evening, Mr. Chair, members of the board. Vern Anastasio. On behalf of Mohammed El Saeed.

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Okay, and just for a point of information, we're going to hear you back to back. You have another one that's one away, but we'll hear you, your two right away, together.

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Yeah, the next one is a hear and hold, by the way.

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Yeah, I agree. All right. Our vice chair has a few questions.

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Good evening, counsel. Do you agree to wait to read another refusal or stipulate towards accuracy?

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Good evening, I do.

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

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Yes, sir.

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Thank you, counsel. Please proceed and share your screen.

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Thank you.

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And I see the council member, Squilla, is in non-opposition.

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Yep, he sent a letter of non-opposition.

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Yep, he sent a letter of non-opposition.

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I'm sorry, this is the wrong property.

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As did the community.

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Overwhelming support.

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Vern, just for a point of information, we do not have...

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You got the letter from the community?

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No, we do not have the letter from the community.

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I think Council Member Squilla's office does, but we do not have it.

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Okay.

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I'll forward it to you if you'd like.

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All right, thanks.

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i thought they sent it i'm sorry that's okay i have it here and i'm going to move this into

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evidence 55 pages 54 pages here's the letter from the rco you never get a leader from an rco to

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actually put pen to paper and it's very clear that the applicant here says it's quote presented

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a well-rounded case members of the community who were not present who are present spoke highly of

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Mr. Mohamed dedicated to the community. Structure needs no new modification.

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And they voted overwhelmingly on his behalf. So that's that's that document.

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And let me show you here. We've got the letter of support with the vote breakdown.

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and as you said you already have councilman council member squill is a letter of non-opposition

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the application is for a two-family dwelling in an existing structure

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and it's a two-family dwelling already so that's that's pretty much why why we're here

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so let's show you the plans i'll pull out

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and i'll pull in a little bit okay so we have uh the basement here is basically mechanicals

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hot water heaters hvac there is a restroom down there and just a powder room and some

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closet and some storage space the first floor you come up the stairs uh into down the hallway

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you can go up the stairs to the second floor unit or you can make a right in this case let's

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for now let's take a right go into

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unit number one

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and you'll see a living room a kitchen you'll see a bedroom in the front and a bedroom in the rear

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and a full bath

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and then unit number two 860 square foot two bedroom apartment again the center is the living

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dining, eat-in kitchen sort of area. And then you've got a bedroom in the rear and a bedroom

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in the front. Go down here. Here's some of the photos. Very well appointed.

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proof of posting here's the letter that was sent to all immediate neighbors

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here's mr squilla's letter here are the addresses that were mailed

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i've already been through that and here's 181 individual households that got our notice

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Here is proof that the property is being taxed as a multifamily property and assessed as a multifamily property to family.

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And, of course, we've got the tax clearance in our deed.

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And then we've got aerial shots.

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And here, for those who could not attend, we've got a full page and a little bit extra of everybody in the immediate area.

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both Mercy, Emily, McKean, and Fifth Street.

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So it's all there, and my client used the addresses

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given to him by the Planning Commission to go door-to-door.

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And with that, I'm going to ask my client, Mr. Mohamed Elisi,

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to raise his virtual hand.

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What's the rest of the neighborhood look like?

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Is there multiple?

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yeah there's uh yeah well it's fifth street right so and as i'm sure you know down there at least

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uh the numbered streets are where the where the apartments are for the most part right so it's uh

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there are single family homes on fifth street but there's also two three and four family dwellings

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up and down south just like six seven eight nine

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Up and down.

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Just like 6th, 7th, 8th, 9th.

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And I hope Mr. Muhammad's still here.

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It's been a few hours.

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He's coming in as a panelist.

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Great.

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Hello.

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Hi, Mr. Muhammad.

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Could you please state your name and spell for this phonographer?

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Yes.

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Muhammad Elasi.

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M-O-H-A-M-E-B.

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Last name Elasi.

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E-L-L-A-I-S-Y.

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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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Please proceed, counsel.

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Thank you, Mr. Chair.

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Mr. Alessi, did you hear my presentation to the board today?

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Yes.

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True and accurate to the best of your knowledge?

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Yes.

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Are you adopted as your own testimony?

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Yes, sir.

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Thank you.

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Mr. Chair, I have nothing else.

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Questions from the board.

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I have a few questions.

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One, at what point was this subdivided?

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Because all of the documentation for L&I as recently as 2024 show it as being approved as a single family home and only having a rental license for a single unit.

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Correct. Mr. Alessi, do you want to talk about your history with the property?

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Yes, I purchased the property in 2023 and with a squatter in it.

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That took me a very, very long time to get him out.

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Can you guys hear me?

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We can hear you.

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