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Hearing video

ZBA Hearing - October 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20266h 42m

Usted jura y afirma decir la verdad, toda la verdad y nada más que la verdad?

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Sí, lo juro.

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And could you tell him that the attorney is going to make the presentation,

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if there's anything he doesn't understand, to just indicate and we'll have it interpreted?

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El abogado va a hacer la presentación.

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Si hay algo que usted no entienda, por favor, indíquelo para que el intérprete lo ayude.

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Okay.

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Okay.

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Counsel, please proceed.

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Good morning, Mr. Chairman and board members.

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This is a two-story property on the corner of North Howard Street and Rockland.

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It's been zoned as RSA 5.

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On the first floor, there's a grocery store, L'Elia Grocery.

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On the second floor, there's a three-bedroom apartment.

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What we wish and what we're attempting to do today is to get is to legalize an exterior staircase leading to the second floor from the outside on the side of the building.

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The second floor apartment can only be accessed by the steps themselves.

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In seeking the variance on the refusal was based on the fact that in the rear area, there needs to be a nine foot amount of space.

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and the drawings I submitted have it at zero.

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However, what I would say is that the staircase that's already attached

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and we're attempting to legalize does not extend over onto the borderline of the property

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and doesn't increase the height of it.

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So I think we could put this in some perspective.

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I'm going to go on my share screen.

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Why don't you put it on?

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Let me get this on here.

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Let me get this on here.

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Let me just go direct the supplemental photographs I added yesterday.

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When do you bring them up?

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I think they're...

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These are the photographs that I just added this morning.

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Here's the staircase, and here's the rear area.

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These were taken off Google Maps, 2025.

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This, again, is the area that we're talking, and this is in the area of the staircase.

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And as you can see, it doesn't extend over into the property line.

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Let me get one that's a little bit, here's the one that I wanted to show.

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That's the end of the staircase, as it's depicted in these photographs.

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And the whole reason of the refusal was the fact that it has to be at least a nine-foot area here, and it wasn't at zero, it's according on the drawings.

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If we look at the refusal letter, refusal notice, we have it here.

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here's a reason for the refusal with the rear wall

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and the required

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nine-foot depth that is required.

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We met with the RCO on

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October 15th, as we've already indicated on the record.

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You've indicated on the record, Mr. Chair. There is a letter of support.

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I do want to show also

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the

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whoops, wrong

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one

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wrong

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oh, I'm sorry

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that's all wrong

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this is the notice letter

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sent out for purposes of the RCO

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notice and attaches

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the proof of

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mailing. We have

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everything. We've seen

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all of that. Okay.

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Is there any state specifically that you would

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ask? The question is

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you're here because of that

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back addition and also

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the stairs, right?

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Well, we're here because of the stairs.

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Was the stairs done

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with the permit?

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Yes, they were.

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Okay.

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And that is essentially what we're trying to legalize

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at this point.

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All right, questions from the board.

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Are you opposed to the requirement for a certificate of occupancy, given that this was built without permits?

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Are we opposed to – no, if it requires – if there's a copy or there's a provisor here that we require the certificate of occupancy, certainly we'll get it.

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Okay.

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I will say, though, and I think they're part of the attachments, and I can scroll to them if anybody needs them, but all the permitting with respect to the rental and commercial license were attached to the exhibits that we had filed approximately 14 days ago.

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There's also a residential lease that is attached, and all the tax-clear certificates are also attached for both Mr. Etfetwege, as well as the grocery store that is on the first floor.

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And then what activities in the business are occurring in that extension?

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With respect to the staircase?

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No, to the extension on the first floor that's beside the staircase.

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the only activity is the activity has been there since i believe the last couple of years which is

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the grocery store i can show you photographs i understand that there's a grocery store from a

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use perspective i want to know like what specific business activities is it storage is it the

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kitchen is it trash is it is it back stock like what is happening in that section i can show you

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photographs that you will but it is there is a kitchen that does serve food let me see if i can

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get the well the question she's asking in that white edition that's on the back what's in there

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correct oh i believe well i could ask mr mr laura to explain that since he's on

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interpreter could you ask what's in the edition in the rear

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if i could just ask the interpreter to point out the white

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I think what

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Why don't you show the photo again while he's

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I think that's what

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Ms. Wynn, that's what we're talking about?

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Yes

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And I'm asking because the addition is in the space that was the rear yard, the rear yards are there on row houses to protect other neighbors from light and, you know, air and fire. And you have cooking on the premises. So I just want to understand what are the like safety precautions and the distance between anything that might be flammable and exhausted to another property on the block that's residential.

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And I'm asking because the addition

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is in the space that was

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the rear yard

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If the interpreter can interpret that, please.

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Yes, of course.

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Pregunto, porque la ampliación se encuentra en el espacio que antes era patio trasero en las casas adosadas.

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Los patios traseros existen para proteger a los vecinos en cuanto a la entrada de luz, ventilación, prevención de incendios y dado que en el lugar se realizan actividades de cocina.

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Quisiera saber qué medidas de seguridad se han tomado.

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También me interesa conocer la distancia que existe entre cualquier elemento potencialmente inflamable

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y las pálidas de ventilación que dan hacia otras propiedades residenciales en la misma.

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Okay, Ms. Wynne, hold on Mr. Loder, Ms. Wynne, I'm sorry, but previously you wanted to know what's behind the white shed for lack of a better characterization, correct?

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Correct.

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If you could translate that place to make sure he understands.

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Anteriormente, se quería saber qué hay detrás del cobertizo blanco, a falta de una caracterización al estilo americano.

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Ok, esa parte está totalmente vacía. Se usa como para guardar mercancía, pero ahora mismo está totalmente vacía.

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La cocina queda dentro de la bodega, no debajo del balcón.

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Right now, it is completely empty. It is used for assorting merchandise, but right now, it's entirely empty.

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The kitchen is located inside the storage area, not underneath the balcony.

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Okay, and then where is the kitchen exhaust being exhausted?

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or the vet

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y hacia donde se extrae

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el aire de la cocina

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yo no tengo cocina

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caliente solamente para hacer

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sanduye, sanduye frío

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y tampoco uso ese tipo de cocina

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I don't have a hot

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kitchen only for making

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cold sandwiches and I

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don't use this type of kitchen

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setup either

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ok

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So I was going to get you a photo of the kitchen, which is here.

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So everything in there is just using electricity for warming, because I do see the warmer.

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Okay.

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Entonces, todo lo que hay aquí se utiliza electricidad para calentar.

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De hecho, ahí veo el calentador.

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Todo el...

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So, looking at this gray door right there, where does that door exit to?

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la puerta gris que está allí hacia donde da esa puerta gris hacia el patio

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towards the patio the one that's covered

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okay and is that back patio that's covered which i'm gonna call it

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addition is the addition does it have uh electricity and hvac

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for heating and cooling.

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Is it conditioned?

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Yes.

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Okay, and then my last question is,

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where are you storing trash?

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Oh, ahí mismo, debajo de la escalera. Ahí están los zafacones y todo.

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Interpret to hear one moment, please. Señor, zafacones, ¿qué son zafacones?

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Como trash can.

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Tachos de basura?

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Ajá, sí.

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Gracias. Right there under the stairs, that's where the trash cans are.

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Okay, and do you understand that you're not allowed to store trash in that location?

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and are you opposed to a proviso for interior trash storage?

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Y usted entiende que no está permitido almacenar basura en ese lugar.

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¿Se opone a que se incluya una condición específica respecto al almacenamiento de basura en el interior?

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Oh, no sabía.

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I didn't know about it.

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Ok.

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But I think the question was, interpreter, whether or not he was opposed to having the trash stored inside.

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Right.

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Ah, creo que la pregunta era si usted estaba o no en contra de que se almacene la basura dentro de las instalaciones.

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Oh, no, no, estoy en contra.

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No, no, I am not against it.

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And then one, actually I do have one last question.

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Is there a bathroom on the first floor for the business or in the basement?

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and then what else is happening in the basement and is the grocery store

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the only portion of the building that has access

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in the basement there is um in the basement there is a bathroom and there is also a sort of storage

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area for soda and things like that miss wood here's pictures of the storage area okay

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i think you that's here's a larger picture here these were attached to the original submissions

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okay yeah i just didn't know if that was the basement or the shed when you went through it all

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other questions no wait wait wait wait one minute counsel one of the things that

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the attorneys stated several times this only issue here is the stairs is that correct

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uh yes i'm asking my counsel no no no that's i have a well why don't we talk about first of all

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um can you please have your client adopt your testimony uh if you could ask interpret if you

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could ask Mr. Laura the following question. Mr. Laura, did you hear and understand all

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the discussions that have been taking place?

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Señor Laura, perdón, usted entiende, escucha y entiende todas las discusiones que se están

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llevando a cabo? Yes. And with the responses that I provided to some of the questions as well as

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some of the points I made during my presentation, do you agree with all of that that I've said

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and answered? Con las respuestas que yo he proveído y algunas respuestas que he dado,

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Los puntos, ¿está usted de acuerdo con todo lo que yo he dicho y he respondido durante mi presentación?

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Sí, de acuerdo.

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Yes, I agree.

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And if it's fair to say that if under oath you would have been asked the same questions

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or had the opportunity to provide this presentation,

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it would be similarly the same in terms of your answers and what you presented

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or what you would have presented?

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Y sería justo afirmar que bajo juramento se le habrían hecho y planteado exactamente las mismas preguntas.

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Lo cierto es que de haber tenido usted la oportunidad de realizar esta presentación, sus respuestas, así como el contenido que ha expuesto o que habría expuesto, habrían sido en esencia las mismas?

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yes okay um lynn reidelhuber board council uh council first of all um the addition that you

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were referring to it appears that well i know it is um that addition was had already been approved

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by right in 2021 so that's not what's before the board also with regard to the stairway that is not

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what's before the board that is not what lni is looking at because that's in the right of way

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it appears and if you might want to pull up the site plan it appears that what is being reviewed

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It appears that what is being reviewed in this matter is the enclosure of the deck on the second floor.

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in this matter

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Because the stairway is not included in this.

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So the deck on the second floor is the only thing?

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We believe.

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So if he can pull up this site plan, that's what I mean.

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Like, we want to try to figure this out.

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We didn't know what was going to be presented today.

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