civus
Hearing video

ZBA Hearing - May 20, 2026

Philadelphia Zoning Board of Adjustment (ZBA)May 20, 20266h 4m

have fun because a lot of kids out here is not having fun they're in the house you know playing

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games and on the tv and on the um tiktoks and all like that kind of stuff like i'm trying to you

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know teach some other things you know when i was growing up i didn't have tiktok and tv and phones

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and stuff you know so i want them to know things where when they get out here in the world that

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they'll be able to say okay i'm gonna go to school and beat us i'm gonna go to school and do this

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all right thank you lisa joe is it currently operated as a it's not lisa can you can you

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confirm it's not currently operating no it's not currently operated all right all right questions

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from the board yeah i just have a question what um what do you do for outdoor space for the young

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people um i'm putting the outdoor space uh going to be in the back i'm gonna get a yard you know

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fenced off in the back I don't know a good way to show that right now so your

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plan is to upgrade the rear exit of the space to yeah and yes in the back of my

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arm because the landlord she did give me the permission to put a gate make a

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little play you know like not saying playground but a little place space

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because there's a school up the street to a playground you know welcome take

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them back and forth to the playground and then there's also a crossing guard you know that sits

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out there in the morning time and her name is terry

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in the morning time and her name is terry other questions uh-huh okay um yes um so uh

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uh i think i heard there would be maybe 25 children yeah i really don't know the you know

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right okay we understand okay but but that's kind of the plan so what ages are we talking about

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um from from the babies like six months to like five year olds and you know when it's time for

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them to go to school i'll give them a little graduation and send them on to kindergarten

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okay and then this is all on one floor yes okay um and so uh the space there's a bathroom i'm not

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seeing yeah actually it's a couple of bathrooms yeah we have the one here okay perfect all right

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and you said like five staff members yes all right and uh they're going to be there all day

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yes all right and uh you do have all the fire equipment like yes yes the provisions are pretty

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stringent for daycare. Yes. And child care centers. Okay. So you have like the two means of ingress

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and egress. You have the hardwired smoke detection systems, the emergency lighting,

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the strobes so that, you know. Yes. Sometimes depending on the number of kids, they ask you

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to have, you know, extra means of ingress and egress for those that are not capable of self

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preservation. So I just bring that up as, you know, safety features that we've thought about.

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Okay. Thank you. Other questions? Questions from our attorney, Hilary Emerson.

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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There are no hands at this time, Chair. Any commission?

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thank you chairman and good morning David Vecto f-e-c-t-e-a-u with the city planning

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commission do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes sir I do please proceed sir thank you sir uh chairman and board members the comprehensive plan

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recommends no change to the RSA 5 residential single family zoning at this location the city

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rezoned this neighborhood in 1979 and a council supported map change this property has a documented

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history of brown floor commercial use child care centers are designated for 13 children or more

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planning commission staff do not believe that with a bus stop at the corner in front of this

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property pick up and drop off for 13 or more children can be done without causing congestion

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and interfering with septus operations the city planning commission recommends the board

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deny the proposed use variance for a child care center

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mr council you have any comments um we don't plan to use cotman avenue uh cottage street which is

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where the entrance and exit is um my client's confirmed is appropriate and perhaps my client

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lisa could you address the the planning commission's comments regarding pickup and drop off

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yes um there's no interest way on um cotman street so we will be using cottage street

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okay all right so mi 2025 007 383 4401 cotman avenue i vote yes with proviso use limited to ground floor

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso

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tenetta graham my vote is yes with proviso ryan mcadams my vote is yes with proviso

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hi owen my vote is yes with proviso see you at the end of the day let's see you at six o'clock

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13 mi 2025 007 374 1452 north 29th street oliver martin is the owner

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they're being promoted to panelists

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can you guys see and hear me okay i can could you please state your name and spell for the

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stenographer my name is oliver martinez o-l-i-v-e-r-m-a-r-t-i-n easy do you swear or affirm

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to tell the truth the whole truth nothing but the truth yes this application is for the use

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this application is for the use as a multiple family household living uh dwelling

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as a multiple family household living.

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in an stick and an existing structure whereas the uh the proposed use in an rsa

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five uh zoning district is not uh appropriate our vice chair has a few questions for you

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good morning um have you submitted your documents and exhibits five days in advance of this hearing

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yes okay and the chair read your refusal so did you uh waive the reading of uh further

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reading of the refusal and stipulate to its accuracy yes okay all right thank you

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you can share your screen and proceed with your case

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you guys see my screen we can sir okay so first i want to start off by saying good morning

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i am the owner and applicant for 1452 north 29th street and i'm representing myself today

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thank you for your time i'm 25 years old i bought this property when i was 24 this is the first

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home i've ever owned i want to be up front i'm here without an attorney so i'm going to try my

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best to be clear and honest with the board about my situation i'm requesting use variance to allow

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three-unit residential use at my property and i want to say clearly i'm not proposing any new

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construction no new units no additions no changes to the building it already exists as three separate

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units i'm just asking the board to formally recognize that as you can see on this page

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right now no construction no structural changes existing three unit configuration nothing new

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being introduced. When I was looking to buy, my real estate agent brought me this property

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specifically as a three-family opportunity. She told me it was a deal I couldn't pass up on and

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really pushed me to buy it. The seller had it listed as a three-family. The seller's agent

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presented it as a three-family. My loan officer that handled my FHA mortgage, treating this as a

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multi-unit income property. And the home inspector who went through the building wrote in his report

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three family slash three flat. And then there's the appraisal, which also says this. Because I

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use an FHA loan to make required a completely independent licensed appraiser, someone I didn't

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choose, someone with no stake in a sale to assess this property. And the form that the appraiser

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uses is specifically the federal government's form. And this identifies it as a three family

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slash three flat all three units individually on the floor pan labeled unit one unit two and unit

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three so between my agent the seller the seller's agent my loan officer the inspector and a federally

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required independent appraiser every single person involved in this transaction told me the same

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thing this building is a triplex i had every reason in the world to believe him but after i closed when

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i tried to get the rental license i found that that the zoning record didn't reflect three units

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and at that moment um i didn't sit on it i filed with the lni right away when i was refused i

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followed this appeal went through the rco process um put this together and now i'm here

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so why don't you show us the property why don't you show us the property we have yeah

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so this is the front of the yeah to use them in here there's three mailboxes

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which still receive mail to this day unit one is on the first floor unit two is on the second floor

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unit three is on the third floor i live on on the third floor this is the view from both sides of

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the street this is the first floor unit living room kitchen bathroom bedroom one bedroom two

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in the backyard

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you need to

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visit the entrance, go up some steps

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living room, kitchen

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bathroom, bedroom one

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bedroom two

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third floor, living room

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kitchen, bathroom

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bedroom one and bedroom two

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now I want to

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go through the RCO

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documentation

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so the community voted six to three in support of this application i appreciate that majority

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vote and i take the concerns of those who voted against me seriously city records also show a

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prior zba history at this property that recognize it as a three family which seems to be consistent

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with everything else in this record one more thing i mentioned briefly before i live in this

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building, third floor, unit three. This is where I come home every night. I share the stairwell

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with the front door and everyone else in the building with the neighbors around me. I'm not

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an outside investor who bought this and walked away. I'm there every day, so I have every

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reason um to run this property the right way and if the board were to deny this there would be real

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reason to run this property the right way.

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hardship you know converting a building with three separate electrical systems three water heaters

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three kitchens three bathrooms back to a single family would mean gutting it out um and financial

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hardship as well i'm 25 and i have an fha mortgage i bought this as a three unit income property

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because that's what every professional told me it was um so without the rental income from the

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other units it would be definitely difficult for me mr martinez is the threat there the remainder

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of the block are there other multiple units on the block yeah so i want to show that here as well

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so um the following photographs here show mixed-use properties in the immediate vicinity

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right next to me is a laundromat laundromat on the first floor two apartments on the second and third

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across the street is a daycare, daycare on the first floor, residential units above.

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Right across that street, diagonal from me, is a corner store with residential units above.

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And there are also eight examples of triplexes, or at least advertiser triplexes nearby.

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You can see here.

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So these examples, you know, further demonstrate that the three-unit multi-presidential

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seems to be an already established component of the surrounding neighborhood and residential

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density. So again, just want to emphasize that no new construction, no building expansion,

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no additional units, no increase in occupancy beyond the already existing long-standing

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condition and this has operated as a triplex for as long as i know um i still receive mail

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from all three mailboxes for the previous tenants questions from the board um yeah yes so go ahead

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i'm sorry my question is about about trash and um is it your plan to have it stored um

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in the in the front and the rear or what do you plan to have trash storage okay so

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I have pictures here of on the three units the three electric panels for each

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of the units and then the way trash is stored on the same street as me all the

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way up the block and all surrounding streets they leave the trash cans out

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front just like this so this is how I've been doing it as well and and that's can

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be problematic in neighborhoods because of trash and all the other rodents that it can kind of

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bring. Is there any space in the apartments to have some interior trash storage for the second

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and third floor unit and that the first floor can like have rear trash storage? The first floor can

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store their trash in the back if they'd like to, but no space inside the unit consistent with the

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way everyone else on the block um and other surrounding streets and blocks store their

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trash is right off front um same way i do so i have i have four trash cans so one for each

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unit and then an extra one in case it fills up i guess the question is are you opposed to uh

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having trash stored inside for the units above i know what they're doing around the neighborhood

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but that's that's one of the things that's really has made the city look uh pretty bad

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with trash cans around you know sitting in front of units all around the city so

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do you have an issue with okay no I do not no opposition to it okay what's

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what's happening in the basement the basement is just utility nothing in there

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other than the three water heaters and three electrical panels and it's a

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private entrance I keep the door locked or four meters or yes three and then one

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for the common area yeah so so four and then three water heaters sorry thank you

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and the uh the first floor unit is it a two bedroom or one bedroom and do you have to go

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through the bedroom to get to the backyard yes they're all they're all two two bed oh you got

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floor you've got floor plans you've got floor plans yeah and then yes you do have to go through the

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master bedroom to to go to the backyard i watch i watch some recordings and i see that um you

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often have you know a little bit of a problem with that but um that was how i bought it unfortunately

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but um yeah they're all really big bedrooms um they're not small bedrooms a lot of air uh space

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in the living rooms and kitchens as well but yes you do have to go to the master bedroom to get to

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the backyard other questions what's going on with the separation between the second floor and the

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third floor how do you get to the third floor apartment um so when you walk up just so when

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you open the front door right to the left is the first floor you walk up the stairs to the second

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right to the left is the first floor you walk up the stairs to the second floor and that the second

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floor and that

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floor um first the second floor entrance is right there at the end of the steps and then you just

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turn around and there's a very small like one step to get up to the third floor which is my apartment

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so my door kind of faces theirs um but you know three separate entrances so you enter your unit

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on the second floor there's a there's a door so yeah when i opened it when i opened the door to

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my to my third floor apartment there's another full flight of steps to go up to the apartment

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yeah unfortunately this plan doesn't match what's there yeah um because i i bought the property um

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i didn't build anything i tried my best to to to you know make out floor plans to the best of my

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It's a little bit difficult without having the original floor pans, but I tried my best here.

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Other questions?

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Wait, I understand that.

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I understand that you tried your best, but like right now, how you get into your first, how do you, where do you enter into the first floor unit?

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Because you're not coming up off the steps, right?

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The steps are all the way to the right and you have to have a common hallway.

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so yeah so how do you when you enter this this door right to the left is the first is the first

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door so go back to your plans and because you're showing the kitchen there you're showing the

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kitchen wall so like where where are you entering into the kitchen yeah um this is the first floor

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unit that's the front door here so as soon as you walk in that's the living room in the kitchen

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this is the front door to the entrance to the yeah forget those plans they make no sense they

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have nothing to do with what reality is right so it's better to you know be going to look look at

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the look at the um the pictures and then is this the only bathroom on that floor

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yeah one one one bathroom per unit

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that's a very tight bathroom i don't even think a human like most people can't fit into that first

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shower so but all right other questions can we yeah can we see the other floors here the pictures

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not so fast can we go back okay yeah yeah this is this is this is the entrance okay

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bathroom bathroom living area different angle first bedroom second bedroom so it's two bedrooms

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per floor yes and then this is the backyard okay second reunion you walk up the stairs this is the

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door this is the living room and the kitchen if you see this this hallway that's a hallway

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from the entrance so you walk in here walk up this way instead of walking straight you can walk

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into this first bedroom this is the bathroom first bedroom second bedroom okay third floor

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there's a hallway here too so there's some steps you walk up walk through the hallway

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living room this is where i live kitchen bathroom and the two bedrooms

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okay all right yeah thank you questions from our attorney

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not at this time mr chair questions or comments from the virtual audience

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