civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

Okay. Ian, can you see this plan, this site plan that I have up here?

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Yes. And you're the design professional on this project, correct?

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Yes. And you drew this site plan?

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Yes.

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Would you mind to help me out and more importantly help the board out to understand where a pedestrian, if they were walking along the sidewalk of Kensington or M Street, perhaps a resident of this building, wanted to go into the residence part or someone who wanted to go into the retail part, how would they get in there?

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You do have to access through the parking lot to get into the space.

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Currently, that's the way it's set up.

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The pedestrian entrances along Kensington Street are unavailable.

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All access has always been through the parking area.

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So, Ian, do you see where I'm indicating with the mouse over here?

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Is that where you're referring to?

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I mean, right now, that's the only thing.

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It doesn't show a pedestrian entry to that location.

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But do we have the wide-angle rendering of the site and the entry in the parking space that sort of articulates that?

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Hold on.

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Let me scroll through.

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It's the exterior view.

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It should be a part of the design package.

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yeah if it's i have quite a number of uh images here so let me well that's a google map hold on

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if it's not if it's not in i mean it's a little bit more illustrative because there are steps and

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there are ramps that have been planned for this um yeah in the schematic range that sort of

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describes the intent of the question my my concern is that a pedestrian has to go

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in the same location where the cars go into the parking lot to get to the entrance.

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oh no it's an airy yeah i can hear you it's just not shown on the plan

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Oh, no, it's Ian.

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mr johns there's a gate and an automotive key okay there's a man gate and an automotive game

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okay so it's closer to the building the the uh automotive gate is further down the block

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a little bit further down the block like 10 feet let's uh go back to the site plan right here

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all right yeah it doesn't show a man door on the site plan but if this is all that

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if this is the the driveway gate correct yeah so would there be a a pedestrian scale front door

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no right about

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slightly you see where your pedestrian

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your automotive gate is

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right slightly to the

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to the south side of that

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is a main gate that goes

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that goes in currently now

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okay

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we're going to go back we're going to we're never going to take that away

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so it's

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okay I guess

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like here

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right out to the pavement or is the

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gate somewhere no it's right there

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There's a gate right where the building is.

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There's a gate right there.

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Right here.

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Okay.

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Okay.

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Because the plan doesn't show that.

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So that makes, because that was my concern, that if somebody has to, you know, walk, people are coming out of here with cars.

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That's a hazard.

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But you're saying that there is a gate so you can come.

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Yes, sir.

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All right.

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All right.

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I'm good.

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Other questions from the board?

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questions from our attorney hillary emerson um two issues i want to raise mr chair um one i see

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that um there is now parking proposed um this is a change of use application um there's no plans

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review as part of that so any parking would have to be proposed in a separate zoning application

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um and i just want to note there was a refusal issued for not providing parking

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as well. So that any parking would have to be, as I said, submitted and reviewed under a separate

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zoning permit application. The second concern I have is that the use is limited to the second

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and third floors of this building. And it was testified at the previous hearing that the first

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floor would be used for a home health care agency. But now it seems that the first floor is going to

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be lobby mailroom that sort of thing as part of the multifamily household living so if if that is

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the case then you may wish to amend the refusal so that it is the multifamily household living

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applies to the whole building and not just the second and third floors because if the board

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grants and it only applies to second and third floors you'll have to come back for an expansion

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to the fourth floor i mean the first floor mrs emerson thank you uh we are going to that the

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second and third floor are going to be

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residentials. That's

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it. There's not going to be no residentials on the

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first floor. But is it

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if it's the lobby and mail area for the

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building, then it is part of the multifamily

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building. It cannot

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be not have no use.

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I don't think it. So there's

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there's going to be commercial on the first floor

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residential on the second and third.

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What commercial? Because

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that's not indicated anywhere.

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okay it was well I because it was by right I think that's the reason why it wasn't put on there

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correct Ian so just to help out with this a little bit yeah the tenant spaces identified

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in the other colors are for other uses some are already occupied in order to service the units

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on the second and third floor, you would need to provide a lobby and access place to an

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elevator in order to provide the correct amount of accessibility for any kind of building

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permit.

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Okay, because that was not clear from the information on the refusal of what all it

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was was for household living on the second and third floor.

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So if the uses are by right, that's fine.

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But if any of this extends into the first floor, you may have an issue.

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all right how do we do how will you stand with the parking the parking has to we we can't do

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anything with the parking there's no parking on this application it has to be submitted as a

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separate zoning application mr chairman i'll have john higgins do that tomorrow morning

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thank you okay so if we vote we're only voting on the second third floor and first floor

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Is that what we're saying?

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Is that what we're saying?

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It's the second and third floor multifamily household living use.

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It's the second and third floor multifamily household living use.

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That's what's being requested.

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That's what's being requested.

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Okay.

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All right.

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Anything else you want to reckon?

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No, you don't have to specify that.

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That is what is on the refusal.

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Questions or comments from the virtual audience?

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I do not see any hands, Mr. Chair.

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You need commission.

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Chairman, thank you, and good evening.

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David Vecto with the City Planning Commission.

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Chairman, we previously entered a recommendation to Grant for the prior submission, and we will stand on that recommendation.

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Okay, thank you.

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So MI 2025, 001, 005, 3,700 to 40 Kensington Avenue.

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I vote yes.

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Michael John, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Thank you.

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All right, thank you, members of the board.

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I have none of you further.

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All right, thank you, Mr. John.

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All right, thank you.

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Number nine, MI-2024.

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Excuse me, Chair.

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Pardon me, Chair.

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This is the court reporter.

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Go ahead, John.

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Hold on, sir.

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Hold on, hold on.

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Oh, okay.

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All right.

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Because I wasn't here for the first year.

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Okay, yeah.

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They made a mistake or not.

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Yeah.

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We lost Kelly.

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No, Kelly's coming back in.

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Mr. Kelly's coming back in.

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Excuse me.

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i apologize for the interruption chair i i didn't hear uh board member wins vote

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she didn't vote she didn't vote this is a reconsideration hearing and i was not here

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for the original hearing i apologize for the interruption i apologize for that okay number

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nine mi 2024 005849 4800 bingham street nixon canna

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good evening mr kennel could you please state your name and spell for the court stenographer

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nixon connor n-i-x-o-n-k-a-n-n-a-h do you swear or firm to tell the truth the whole truth and

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nothing but the truth yes mr chair could you identify your client the relationship to the

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property yes mr chair my client is nader j-e-b-e-r he's appearing by zoom he is the owner of the

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property right do you do you waive the reading of the refusal and agree with its accuracy yes

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all right please start and start your presentation sir sure mr chair this is a um we we started this

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here i believe a couple of months back and the board basically wanted um as part of my

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presentation the board was focusing on the interior of the property and i was told to submit

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photograph showing the interior

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of the property.

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Everything else was previously submitted as far as

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the deed.

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I'm sorry.

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Okay, so

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why don't you start showing

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what you have to submit?

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Sure.

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Can I have the ability

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to share my screen? Please.

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Okay, so basically this is the interior of the property, these pictures were not available

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Let's start at the basement.

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My client purchased this big, it's three units.

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Okay.

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He purchased it as a three unit, three separate units, three separate meters.

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As we show up, you're going to see the three apartments.

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There's two bedrooms, one bath in each apartment.

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So he hasn't done any renovation.

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we try to get the initial permit and we were denied based on what we're trying to do.

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So this is basically how he purchased the property.

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No work has been done.

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Okay.

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Another issue the board had was the, I guess, the access to the property.

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We have three separate entrants for first floor, second floor, and third floor, and at the community meeting, one issue was the fire escape ladder. We don't have a problem with putting that in.

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If, let me just see.

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Let me just see.

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Yes.

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Okay, you stopped for a minute there.

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You froze up.

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Okay, so we have an updated tax clearance that was submitted to the board attorney

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and also an updated posting.

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Could you show us the entrance to the properties?

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Sure.

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When did your client purchase this property?

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My client purchased this property in June of 2024.

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Okay.

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And he purchased it thinking it was an approved triplex.

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Correct.

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Okay, here we go.

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So,

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this right here, this is the entrance to the first floor.

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And these steps, this right here, this is the entrance to the...

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We're looking at a bedroom, sir.

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I'm sorry. We're looking at a bedroom. Oh, I'm sorry. Okay, let me share this screen. Sure.

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