civus
Hearing video

ZBA Hearing - September 17, 2025

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

this okay that for this point the matter is closed except um you would have an opportunity

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to respond to planning and i probably should tune in and i believe we're also in need of an amended

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refusal right so that's right and the amended refusal too uh and mr marshall this is the

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integrity that the executive director could you also please um get in contact with the board

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office to enter your appearance as attorney for the case we have you registered for today but we

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don't have you on the case as attorney i thought i was on there right i thought i was already on

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there sorry because i had written some letters before for what happened is we went back to the

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rco with this to make sure they were good with it and uh wanted to make sure they were uh you know

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okay with the property okay okay thank you so we'll we'll october 1st okay okay all right thank

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you all right all right and number four number four mi 2024 007199 9372 clark street this is

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to be continuing until november 19th at 3 30 p.m and our last case mi 2025 001 794 4632

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master street jermaine harris is the attorney

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mr harris please raise your virtual hand jermaine harris is coming back in as a panelist now chair

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good evening

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uh mr harris could you uh just just out for a point of interest last week you were our last

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case i know i know i don't know i don't know so could you please state your name and spell for

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the stenographer uh yeah sure uh jermaine harris uh that's j-e-r-m-a-i-n-e-h-a-r-r-i-s

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do mr harris could you identify your client a relationship to this property

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so my client is lucas caseras and i have his personal representative who's also his architect

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as well. Delmaso Rodriguez

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is also on the call, should be on the call.

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I'll mention that there's a letter of unanimous support from the 42nd Ward RCO.

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Yes. Tenetagram, our board member, has a few questions

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for you, Mr. Harris. Sure. Hi, good evening. Have you

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mailed your documents five days in advance of this hearing? I have.

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

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And do you waive the reading of the refusal and stipulate to its

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accuracy.

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I do.

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I

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Okay, thank you.

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You may share your screen and proceed with your case.

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Okay, let's see here.

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Okay, so this is concerning, again, 4632 Master Street.

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And this is the property where you see the arrow, the hand, the finger pointing.

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This is the property.

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And what my client is seeking to do is to make, well, to legalize a two-family.

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This is a block that has, it's a mixed-use block.

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And it has a lot of, it has only these three residential properties.

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And then we have commercial buildings around it.

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So going to my exhibits.

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it's okay so this is the picture of the posting this is the basement of it there it that's just

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being used for storage and this is pictures of what it is what it's being used for as a washer

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as well as again just storage there uh this is the refusal uh it's a refusal because it is uh

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in a rsa5 zoning district which is just a single family district there's a black and white picture

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of it uh this has been as far as my client because my client bought this property in

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in 2015 from a sheriff sale so it was bought sight unseen uh but at least as long as he's on it

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it's been uh it has been a two family has two separate entrances right here this is the

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basement but again the basement is just used uh for storage and that's it so

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the first floor is just both the first and second floor are one are one bedroom apartments

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this is the bedroom this is on the first this is on the second floor actually

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uh this is the stairwell leading down

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home. This is the living room. This is another angle of the living room. This is another

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picture of the front of the building. This is the other apartment, which is a picture

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of the one bedroom

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and the

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kitchen

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same angle

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well a different angle

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of the

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kitchen

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different angle

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these are the steps

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that's leading up

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to the second floor

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of the apartment

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remain there's two front doors am i correct there are all right and one goes to the first floor and

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one goes up the second floor is that what you're saying that's correct and you're saying the

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basement there's a washer in there but it's just storage that's correct although there seems to be

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a door to get in there am i correct there is a door to get in there okay and this is what it is

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right here there's a door and a mailbox uh let's see here door in the mailbox and the air conditioning

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but this is a picture of what it looks like in the basement gotcha

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because i asked them that specific because i knew that that was going to be a question

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uh there's a picture of the fire alarm this of the first floor

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we have a picture of any images that actually show the interior spaces like the yeah like these

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images that show the interior spaces yeah like the actual like the living room the dining room

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so right this is the living room this is

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so right this is the living room this is and this is for the first i'm sorry this is the first floor

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yes and that's the rear that's the door that goes out to the the rear yard

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this is the door that goes out to the front i don't believe there's a rear yard

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this is the same thing of that same of that same apartment

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this is a picture of the second floor that's not the same floor we just looked at

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hold on because it looks like it's the hold on same island and flooring yeah let me check that

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hook on. I believe that they're different. I believe it's the same. I believe it's the same

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finishes, but I can have my client explain that just so because these are the pictures that he

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gave me of the inside to answer those particular questions we have we did have

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the meeting the community meeting we had it front of the 42nd Ward on the 24th it

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was unanimous as to the 42nd Ward then we also have there are several

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there are several multi-families in neighboring or adjacent blocks to this

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block that are within the 250 square foot area that have multi-family and these are the addresses

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This is one is 156 Wyoming, 188 Wyoming, 146 Wyoming, then 4614 Rising Sun, 150 West Wyoming.

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Here is the tax clearance.

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This is the deed evidencing that my client purchased it from Sheriff's Sale in 2015.

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And what I'd like to do, if you would permit me, is I'd like to get the client on the phone, on the call, to answer some of the spacing questions that you guys had and adopt my testimony.

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Sure, bring your client on.

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Okay.

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Mr. Rodriguez, would you raise your hand, please?

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Marshal Rodriguez is coming back in as a panelist now.

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okay mr rodriguez can you hear me okay why don't you let me swear him in first okay sure that's

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right

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mr rodriguez do we see him

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I believe he's a

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panelist chair. He just has to

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unmute himself.

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Mr. Rodriguez, please

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unmute yourself.

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Hey, chair, I'm going to

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try to send him over again. He

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did not go over the first time.

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Sure, thank you.

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for some reason chair he's still not going over i'm just going to mute him and allow him to speak

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sure okay hi mr rodriguez

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hi can you hear me i can mr rodriguez could you please state your name

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and spell it for the stenographer

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my name is damson rodriguez spelled d-a-m-a-s-o

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his name r-o-d-r-i-g-u-e-t

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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 that's that go ahead mr harris okay mr rodriguez did you hear the testimony that i just gave

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uh to the this board

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yes okay and do you adopt that testimony do you agree with the testimony

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yes i agree with it is there any uh

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Yes, I agree with it.

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Is there any...

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Now, are there any changes that you would like to make for the testimony that I gave?

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Is there any changes that you need to make?

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You don't necessarily...

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I didn't want to clarify about the first apartment.

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Okay.

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Okay.

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Can you see my screen?

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can you hear me and can you see my screen

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yes i can see it okay okay so could we walk through because there were some questions as

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spacing as what these photos represent uh where they represent within the two apartments

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These are one-bedroom apartments, each floor, correct?

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It's two-bedroom apartments, each floor, correct.

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Okay.

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What does this represent?

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Which floor is this for?

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And is this a bedroom?

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That's a bedroom.

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room and which floor is this on and the upper floor okay and then this is the stairwell this

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is the stairwell leading up to the upper floor correct that's this image right okay yes what

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what is what what is this this looks like a living space common area living space

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for what floor is this for

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that is for the first floor this is for the first floor okay

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and i would imagine this is for the second floor right here since we see a stairwell right here

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that's correct sorry for the second floor i guess i just see them black and white that's why

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okay everything we're looking at is second floor okay what floor is this right here

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that's the main entrance okay for the second floor

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okay

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and what is this what floor is this for

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this is for the first floor

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okay

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first floor

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is this also the first floor

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or is this the second floor

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first floor

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okay

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is this part of the first floor as well or is this the second floor

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no this is the part of the first floor okay

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this is part of the first floor is this part of the second floor

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that's the answer for the second floor

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This is the entrance for the second floor

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Okay

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Yes

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And what is this right here

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That's for the second floor

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That's the fire alarms

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Okay

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Show them the basement

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Okay, yes

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I know there were questions about the basement

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Okay

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Is anybody living in the basement, Mr. Rodriguez?

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no that's only storage do you have a washer and dryer down there

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uh yes but that is like so if we like we purchase it and we just leave it there

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so when we're gonna use it we just go pick it up from there like

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all personal stuff and stuff like that we just storage there

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is this the front door right here this that i'm pointing at right here

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is this the front door to that basement say that again no that just is a regular door

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no that is just a door that is there for storage okay okay

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and is this another wall to that basement

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that's yeah what the meter is at right on the basement level

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that's yeah what the meter is like

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okay i guess we would open it up if there's any other questions um all right questions from the

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board yeah i have a question does the basement run the length of the building

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yes

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so what's in the rear of the basement we see the is this the rear of the basement

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i'm just too or like what i see because it's dark in there so that's the only way we can

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have light to it that's the only way i can see because we can and there they just like

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Like I said, the storage, we got, like, one refrigerator, we have one dryer, a couple

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of stuff that we save in there, so we just storage everything we can, and we just leave

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it there, and that space will walk on it.

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In relation to these photos, where is the door that exits to the front of your property

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from the basement?

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It's right there on the front.

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you can see it and there's a bill code door

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over

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I can

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