civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

Yes, John Marshall, first name J-O-N, last name Marshall, M-A-R-S-H-A-L-L.

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I'm an attorney.

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Yes, go ahead.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client, their relationship to this property?

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The client is LJG Group Incorporated.

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It's a corporation that owns the property.

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Okay.

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All right.

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And Tenetta Graham, our board member, has a few questions for you, sir.

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Hi, good evening.

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Have you submitted your documents five days in advance of this hearing?

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Yes, you're right.

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Yes, Tanetta, although I may.

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Sorry, I'm used to saying that.

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Excuse me.

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You may not be upset, I know.

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The thing about it is that we did get a letter of non-opposition from the district councilwoman also.

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I believe it might have been put in afterwards, though, the five days.

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We have it.

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You have that.

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So you have both of the non-oppositions.

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The one was pretty much due to the fact I think people asked for affordable housing in the area, and that was their reason for non-opposition.

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It's in the letter there, I think.

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I have one other question.

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Do you waive the reading of the refusal and stipulate to its accuracy?

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Definitely, yes.

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No question.

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Okay, yes.

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All right, so you can proceed with your case and share your screen.

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Yes, I would also ask that Alberto Perez be allowed to participate.

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He has my photos and the meaning, can you bring him on so he can put them in?

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Yeah, I can bring him.

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you'll just have to make the presentation right exactly yeah i i can't say i'm as quite as tech

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savvy as he is so he's putting them in for me mr perez

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They're coming back in as a panelist now, Chair.

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they're coming back in as a panelist now

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Thank you.

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Okay.

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I want to make sure everybody can hear me still.

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Yeah.

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Okay.

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Good.

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Good.

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Obviously the property is 170 East Sterner Street.

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Let me tell you where that is. Lehigh Avenue and A Street meet. It's a small street just north of there on A Street. It faces A Street, and across the street from it is a large parking lot, which is zoned ICMX.

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The other side of it is a property at 163 East Lehigh, which is zone CMX-2-0.5.

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It was a drugstore, which is currently closed.

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Let's hold on that screen for now.

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Good.

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Okay.

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The CMX-2.5, that was a drugstore, but it is now closed.

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We're talking about the property right here, which the first floor faces A Street.

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Across the street's a parking lot, and obviously just the other side of CMX 2.5 there is Lehigh Avenue.

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The first floor, we have a person that wants to open up an insurance office as an offshoot of another office currently located, which has been there for a while, at 3727-29 North 6th Street.

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Sort of a block or so from Little Flower High School.

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and they have an ongoing insurance office

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and they'd like to put a second office

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in this neighborhood here in this community

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for the community

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where people could get auto insurance

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and homeowner's insurance, that type of stuff.

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If you look at the property,

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the second floor is an apartment.

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It has two bedrooms and a bathroom and a kitchen.

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The first floor on the other hand

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is only commercial space

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and one restroom in the back corner.

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There is no kitchen or anything of that form for rental.

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So we need a variance to give them the right to use it for commercial space in what will be a, shall we call it a very quiet commercial space?

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You're not getting a lot of traffic.

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You're not getting parking.

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You're not getting people with takeout food.

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You're not getting alcohol.

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You're getting nothing there.

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But people coming in to make financial transactions and buy insurance.

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And even then, once they get the insurance, they don't come back every year.

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They come back when there's a concern or a problem, or they have an issue where they have to put a claim in of some kind.

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If you're familiar with them, they're all over the city, and I don't know where there's one in this area,

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but I tell you, I think it can use it because people in the neighborhood do need to buy insurance.

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If you look down the street on Sterner also, there's another commercial property right on the other corner.

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The address would be on Front Street, though.

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It's the northeast corner of Sterner and Front.

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Now, but wait, let's go back.

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Let's go back.

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This is another.

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Okay, go forward.

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Okay, here's the property.

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Let's go back one more.

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Okay, there's the current property.

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That's the Sterner Street frontage.

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The A Street frontage, however, the second photo,

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that is the doorway for what would be a commercial business.

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All the ingress and egress for the insurance office would be on A Street, period.

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There's a small yard to the left of that photo where there's a trash can,

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and obviously the drugstore is right behind it, which, again, is now closed and is commercial.

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If you look in the neighborhood, there are a number of nonconforming uses for different,

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I think they're called bordegos, different stores that open up, like this one here.

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That's at A in East Somerset, a couple blocks down.

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Now, if you go back again, let's look at the floor plan again.

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Okay, here's the, let's go for the interior now.

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Okay, here's the interior. If you look at the first floor, it's been redone. Obviously, it has some snazzy carpeting. The second floor, on the other hand, is residential with a one-two bedroom apartment with a small living room kitchen combination.

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We talked to the zoning, sorry, the RCO, and they asked that we offer them a separate metal collapsible fire escape that can be kept in the property.

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We agreed to that, and it will be put in there.

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As we go forward, here's our zoning drawing, obviously.

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So as you look at the drawing on the bottom left bottom, there's the frontage on A Street and there's the frontage next to it on Sterner.

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Again, it's an insurance office, very quiet in the neighborhood.

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They really had no concern about that.

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The only concern was the affordability of the second floor.

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uh otherwise they were for it and there is no opposition

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Otherwise, they were for it and there is no opposition.

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i believe we have a tax clearance i see it on there yep okay there's nothing owed

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uh obviously there had been probably a decade ago some lni violations uh they're long gone

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the place has obviously been fixed up the color of it has been changed obviously on the outside

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So, Mr. Marshall, our attorney wants to explain something to you first.

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Ryan McSherry.

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Thank you, Chair.

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As the proposed use here is an insurance office, it's not a personal services use.

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It's a business and professional office use.

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Right.

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An amended refusal is going to be needed if this is the use, you know, personal services and business and professional office service use are in different use categories.

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We can't make this change via proviso.

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So, again, we will need an amended refusal.

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Okay.

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Can that still be incorporated today?

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No.

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No.

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So what we're going to do is we're going to hear your case.

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We'll ask the particular questions.

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Planning will make a recommendation, but then we'll get back to you once this is done.

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Okay.

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All right.

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All right.

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Okay.

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All right.

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So how about, do you have your client available?

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See if Iris Contreras is on.

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Yeah, to adopt your testimony, right?

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Right, correct.

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I believe I asked that she tune in, but I asked her about 15 minutes ago.

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All right.

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What's her name?

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Iris Contreras.

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First name spelled with a Y-R-I-S.

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Okay.

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She's the insurance agent.

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Iris?

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Iris?

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Do we see anyone?

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Iris Contreras, please raise your virtual hand.

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They're coming back in as a panelist shortly, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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hello everyone i'm here hi how are you could you please state your name and spell for the

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stenographer sure it is contreras y-r-i-s contreras c-o-n-t-r-e-r-a-s right do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed counsel

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yes could you explain what you want to do on the first floor of that property

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Basically, an insurance agency.

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I do already own an insurance agency.

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Here, it will be a small space where two, three individual masks will be employed.

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And it will be for personal and commercial policy, like U.S. data, homeowners, renters, life insurance, and things like that.

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Do you think there's a need in the neighborhood for that?

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Definitely.

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Yes, I do get a lot of customers from there, and I know that within the Kensington Corridor and the NKCDC or New Kensington Community Development Center, we get a lot of referrals for customers that they get that are in that area, and they are commercial customers that are willing or hoping to have someone close to them.

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So it's your opinion that it will make it more convenient for people to come see you for insurance needs?

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Yes.

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All right. So, Mr. Marshall, you might want to have your testimony that you gave earlier adopted by your client.

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Yes. Did you hear what I testified to earlier?

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Yes, I did. I did.

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Right. Would you adopt that as your testimony in this matter, too, regarding the insurance office?

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Yes.

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all right thank you mr marshall questions from the board yes what can we talk about the use of

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the basement the basement right now is for storage that's the only thing in there and does the is the

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commercial unit the only uh place that has access to the basement let them tell you i'm gonna have

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to ask my client here miss contreras does she know if the front first floor has access to the

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basement it would be only the commercial units here that have access to that basement okay thank

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you and where are the meters located for the residential unit that one i don't know uh

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iris do you know where the meters are i'm sorry the meter for that building um i believe that

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I believe that they are in the basement, but I am not 100% sure that I recall at this moment.

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What is your plan for the property management, given that the commercial space is the only place that has access to the residential meters?

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What is your plan for the property management, given that the commercial space is the only

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Are you planning to rent the second floor unit or live in it yourself?

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We were planning to rent it if possible, but I mean, if we need to occupy it ourselves, that won't be a problem.

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But the initial thought was to rent it.

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okay that was my understanding also other questions from the board

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questions from our attorney ryan mccurry uh no chair

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questions or comments from the virtual audience

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i see no hands chair planning commission

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the planning commission will provide its comments in the form of a letter

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regarding the future um rolling on this case

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we have a letter for that

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hold of it we're gonna have

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okay um okay um we're we're gonna it's just an internal thing that we're looking at

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when uh would the city planning commission be able to deliver written testimony on this matter

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or within the um within um seven business days okay thank you why don't we put this on for

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october 1st then we'll bring us back mr marshall we're going to bring this back october 1st planning

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is going to have a recommendation for us and then after we get the recommendation we will vote on

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