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Hearing video

ZBA Hearing - April 30, 2025

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

Oh, God.

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Okay, thank you.

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I, I, I lost him here.

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MI 2025 000415832 Wynwood Road.

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Oleg Sokoloff is the attorney.

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Yes.

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Good.

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Recommendation support from the neighbors of Overbrook Association.

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Vote was three to one.

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and there is also a petition of 18 signatures.

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Mr. Sokolov, could you please state your name

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and spell it for the stenographer?

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Yes, good evening, Mr. Bergman,

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members of the board, Oleg Sokolov

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on behalf of Alicia Terry, O-L-E-G-S-O-K-O-L-O-V.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Our vice chair has a few questions.

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Good evening, Mr. Sokolov.

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Do you agree to waive the reading of the refusal

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or stipulate to his accuracy?

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Good evening, Mr. Shahid. Yes, I do.

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Have you emailed in all of the required documents and exhibits

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required documents and exhibits as needed to proceed with this case five days in advance

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that's needed to proceed with this case five days in advance of this?

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of this hearing. Yes, we have. Thank you, counsel. Please proceed and share your screen.

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Thank you very much. Members of the board, what we have here is a legalization of an existing use.

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The property was purchased as a four-unit by my client, Ms. Terry, in October of 2024,

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So very recently, upon finding out very immediately that it was not zoned to be a four-unit, undertook this zoning process.

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So I will attempt to be as brief as possible, pausing in a few places of the exhibit packet just to go over a few things.

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We have our refusal here.

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Here's our deed from 2024 in the name of Ms. Alicia Terry, who's on the line in the virtual audience today.

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Here is an image of the property. This is a very common type of property in this area. As you'll see, they're incredibly large, very old, originally single-family homes that most of the block now has been converted to various types of multifamily use.

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I'll get to it in a little bit, but just want to mention that this property has a zoning approval for three family, and the previous ownership, unbeknownst to Ms. Terry, undertook the renovations to include a fourth apartment on the second floor.

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I also would like the board to know that Ms. Terry purchased this and intends to move into one of the currently four units of the property.

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We have some pictures of the properties just so you can see they were newly renovated prior to Ms. Terry's purchase.

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And just some exemplar photos of, you know, the very well done renovations, very well, new countertops, new appliances, new cabinetry and all of that, new bathrooms, new plumbing fixtures.

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And the property also did have two tenants that were in the property at the time of Ms. Terry's purchase.

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The two units, there are two remaining units that are vacant, and as I said, Ms. Terry intends to move into one of the units.

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Here's just a picture down Wynwood in one direction, and the other, as I was explaining, it's a very typical type of home on this property, the twins side-by-side with porches that adjoin, and they're also raised properties, so the basement is actually somewhat above grade.

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We have no request for any basement living. The basement only contains a mechanical room washer and dryer for the board's reference. And I know that it's going to be a question that's asked later.

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the access to the basement. The first floor unit has direct access to the basement from

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the property, and the second and third floor units are both accessed through a side door,

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which I will show. The house has a large side lot, so the first floor unit is accessed through

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here and they have access to the basement directly the second and third floor units are accessed if

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the board if i can zoom in a little can see that stairwell right there that is access to to the

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second and third floors and then there's also access from externally into the basement along

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this side yard as well just an aerial of the property and once again just reiterating that

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this is the the typical property on this block they they were enormous enormous single family

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homes during their time a little bit on the history of the property i i know this is a very

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old zoning file but at one point this property was converted i believe in in the 50s to a

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four-unit from the three-unit that it was even at that time, so sometime before, I guess,

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we'll just say 1950. I guess it doesn't matter what month in 1950 it was that it was done,

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but it was a single-family dwelling prior to that, was then converted to

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three apartments, and then, per this zoning permit, was converted to four.

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As I said before, this block, this area, most likely because of the size of these properties,

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has had a lot of multifamily conversions done, everything ranging from three to nine.

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multi-family conversions done everything ranging from three to to nine units and we've mapped it

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for you board so you can see that they're all within basically a two-block vicinity of the

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subject property these are all properties that have been approved by variance as they're all in

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a number say three just our zoning map here our application for appeal obviously no changes to

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the height or any kind of dimensions of the property. No additional construction is requested.

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This is, again, just an attempt to legalize a use that Ms. Terry unfortunately purchased

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in its existing condition without knowledge of its nonconformity. In furtherance of this

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application prior to the RCO meeting, Ms. Terry walked around the neighborhood as Chair Bergman

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mentioned, got 18 signatures for her petition. I do want to point out we've changed our petition

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a little bit and no longer use any kind of form letter. We want to be very explicit

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about what exactly we're asking for in the petition itself. So we write out exactly

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four dwelling units within the structure and give people the chance to review any plans or documents

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related to the project. Also, as mentioned by the chair, we met with the RCO, NOAA, in March 25th.

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It, you know, it was, I don't want to say, I guess we didn't get, what was the term from the

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previous, overwhelming and emphatic or overwhelming and enthusiastic support, but nonetheless, we did

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receive support. And chair, I just wanted to correct, it was only one vote in opposition,

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The others were non-opposition.

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And then here are notice mailers to 129 nearby residents.

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Our proof of tax clearance.

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And our notice posters hung both at the front and within the property itself.

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At this time, if I may bring on Ms. Terry to...

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So before you get your. So in 19, there was a request for three units and now we want four.

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That's correct. OK, bring your client on. Thank you.

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And if I may, chair, that that request was not made by us that proceeded.

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I'm aware. I'm aware. Miss Terry, if you're on the line, could you please raise your virtual hand?

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hi could you please state your name and spell for the stenographer

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miss terry hi valisha terry v-a-l-i-s-h-a-t-e-r-r-y do you swear or affirm to tell the truth the

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whole truth and nothing but the truth. I do. Olak, please proceed. Thank you. Ms. Terry,

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did you hear my testimony before the board today? Yes. Okay, and would you adopt it as your own?

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Yes. And I know I mentioned that you intend to move into the property. Was that always your

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intent when you purchased it? Yes. Okay, and are you able to afford the property if it's not

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four units if if you were only renting two of the units at the property

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it's a hardship it will be a hardship understood um and when when is it that you intend to move

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into the property um okay this month okay and members of the board one thing i i just didn't

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go over the the layout so the first floor is uh is just one unit which is a three bedroom one bath

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The second floor is, there are two units, a one-bedroom, one-bath, and a studio.

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Ms. Terry, it's correct to say you intend to move into the one-bedroom unit on the second floor, correct?

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Yes, that's correct.

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And the third floor is two bedrooms and one bath.

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All of the trash is stored along the side here in this little access alley.

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And Ms. Terry, there's no living in the basement, correct?

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It's just the mechanical room?

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Right. No living.

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And there's a washer dryer down there for the residents. Yes. And all of the residents are able to access the basement through the external door on the side, correct?

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Yes, through external. Yep. Is it maybe I should have clarified, is it one door to go into the units and then one door to go into the basement?

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they're separate doors or are they both once you enter the basement is connected to the first floor

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unit so she that tenant can access it through that and or she could go through the back door

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Or she could go through the back door as well as, like, the second and third floor.

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as well as like the second and third floor

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No, I mean for the second and third floor.

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Are there two separate doors to go into the apartments and to go into the basement?

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Or is it, like, you go in?

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Yes.

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Okay.

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And because the access for the apartments is up the porch and the access to the basement is just on the side of the house, correct?

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Right.

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Okay.

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Thank you.

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Nothing further from us, Terry.

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questions from the board yes i have uh similar to the last one i have a question about trash

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storage and i know you said it's on the on the side but how wide is that side alley or walkway

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i am sorry i do not have that answer for you but i can go to eclipse and try to ascertain it quickly

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okay so from the property line it's if i if i may show the board what i'm looking at on atlas as as

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you can see you know the property is a is not a perfect rectangle um and then from the property

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line which it appears that the neighboring property might be crossing it but

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i mean i think you're looking at the shadow cast the reason i ask is because the neighbor

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both properties have a paved area and they have a grass area and the paved area it looks thin on

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both sides and i'm just trying to determine are the is the trash going to be stored on the grass

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area or the paved area because it is a very narrow walkway and it is the only form of egress from the

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rear of the building which it sounds like where the main entrance is going to be for the four

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apartments and it's the only access to the backyard so miss terry perhaps you can shed some light on

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exactly how the uh where because this is existing as the board knows so the trash cans have been

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there for some time um miss terry if you could just shed some light on exactly what's going on

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there on the side yeah there is a pave the trash cans are stored on a paved area and it doesn't

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connect to the grass area so there's enough room even though it looks tight where you can just walk

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freely by the trash without actually actually being in the grass you can walk freely on the

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pave way without being in the grass if that makes sense and are the trash cans be hot like towards

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the back of the house after the door or are they um closer to the street there's like a there's

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like a crawl space so it's kind of like tucked in on the side almost um would that be like this

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little area here for this i'm on the wrong screen let me see here also it'd be really nice if there

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were photos that uh explained all of this understood of course yeah um so um what were

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you asking oleg i'm sorry i was asking is it one of these like little jut in areas or yeah so that

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one it's more so that one than a crawl space yeah how many how many cans are you gonna have for the

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four units total so um so there should be four cans when i when i bought the um home there was

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actually three tenants living in so there were three cans that was only approved for three

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yeah previously right okay other questions and miss win if i may um just as i stated before

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so the only part portion of the property that's being accessed along that side alley i'll call it

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where the trash cans are being stored is is the basement the access to the the units themselves

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is actually from the porch on the side so everybody's coming through a common foyer at the

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front for all four units no no no no so unit one goes in through this blue door yep and then that's

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the first floor unit the units oh they're coming through the the porch i will say so the second

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and third floor go to the side of the house and if you can see that railing

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yes back there so to access the residences nobody goes past the cans the only time to

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go past the cans is if they're going to the mechanical room or the washer dryer in the

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basement okay and then on the on your atlas overview can you show me approximately where

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the door to the basement is that everyone can access oh on my atlas view yeah sure um

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Ms. Terri, would you, if I move my cursor, can you see it?

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I don't see it right now.

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I don't see it right now. Okay, yes.

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Okay, yes.

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So is the door that accesses the basement, is it in one of these cutouts?

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So is the door that actually...

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Is it in between it? Is it a little closer?

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No, it's more so where you were. I'm sorry.

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Right here.

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No.

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I'm confused now. Okay, this is the crawl space.

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So it's further back to the rear of the house.

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Yeah, right in here. Yes.

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I have no further questions.

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I have a few questions. When did you purchase this property?

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October of 2024.

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Okay. And at the time you purchased the property, there were three units?

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No, no. At the time, Ms. Terry purchased the property.

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oh yes so there were three units at that time there were four units

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and miss terry it was represented to you as a four unit correct when you purchased it

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yes that's correct and who represented this to you

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the i guess the the relator of the seller i think yeah

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Okay. But OLAG, if it was in 2019, it was approved for three. Am I correct?

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That's correct. That's correct.

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Right. And then now she wants four.

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Correct. She wants to just, she purchased it after, I think they approved it for three, did an additional renovation that they didn't receive approval for, and then sold it to Ms. Terry. And we're just trying to legalize the existing condition.

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And is any of, are any of these units located in the basement? Is there any household living in the basement of this property?

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There's absolutely no basement living. It is just mechanical rooms and a washer dryer that's accessible to everyone in the building.

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So we're certainly, it's already in existing condition, but any proviso of no basement living is more than acceptable, of course.

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and you're not showing any floor plans

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so that we know how these really are.

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You're just showing a few pictures.

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That's correct.

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We were, you know, after the expense of this,

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we were just attempting to save Ms. Terry some money.

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I see.

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You're going to take a few more pictures, though.

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Fair enough, Mr. Johns, I hear you.

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and that note will be taken for any future time

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that I have before you.

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Yep.

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And then I'm still having a little problem

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with understanding how we get into these four different units.

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So you said that there's a three-bedroom unit

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on the first floor?

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That's correct.

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