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Hearing video

ZBA Hearing - April 2, 2025

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

no household living in basement. Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos. Tanetta Graham, my vote is yes with provisos.

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tie when my vote is yes with provisos thank you thank you chair pardon the interruption um

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items number 10 and 11. uh we had requests for spanish interpreters for each of those cases

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the interpretation service is unable to provide interpreters for this hearing so we're going to

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offer a short continuance for both of those cases to april 23rd at 2 p.m so if you could call those

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out, please.

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Can we break with you?

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Number 10.

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11. MI 2024-004-695-4708 East Roosevelt Boulevard. What's that date?

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The date is April 23rd, 2025 at 2 o'clock p.m.

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April 2025 at 2 o'clock p.m.

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At number 11. MI 2024-004-699-4715 Pearson Avenue. That case is continued to do April 25.

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April 23rd.

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April 23 at 2 p.m.?

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Correct. Thank you.

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Number four, MI 2024-003-406-1406 East Point-Mencing Avenue.

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The attorney is Rachel Dennis.

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We will be coming back in as a panelist shortly, sir.

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It will be coming back in as a panelist.

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My counsel, could you please state your name and spell for the court sonographer?

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Hi, good afternoon, members of the zoning board.

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My name is Rachel Dennis.

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I represent Skywide Real Estate LLC, and my name is spelled R-A-C-H-E-L.

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Last name Dennis, D-E-N-N-I-S.

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

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Yes.

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Could you identify your client relationship to the property?

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My client is Skywide Real Estate LLC, and it's President Tim Gu, who is the owner of

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the property at 1406 East Moyamensing Avenue.

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Do you waive the reading of the refusal, and do you agree with the accuracy of it?

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Yes.

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Okay, please start your presentation.

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I also have my client here who I'd like to take his testimony as well as an expert who I'd like to take his testimony as well.

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I'm just requesting, do they become part of the now?

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Should I ask them to raise their hands?

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Well, why don't you do this?

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Why don't you start your presentation, then we'll bring them on when you're done.

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Okay, great.

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Sure.

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Good afternoon, members of the Zoning Board.

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As I stated earlier, my name is Rachel Dennis, and I represent Skywide Real Estate LLC and

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its president, Tim Gu, the owner of 1406 East Moya-Mensing Avenue, who is seeking a

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variance to allow the completion of this renovation project.

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This case is about rectifying an unintentional architectural oversight that led to the height

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discrepancy.

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tim relied on professionals licensed architects to ensure compliance but the architectural plans

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miscalculated the building's height due to inaccurate documentation of the existing structure

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and miscalculations of the the floor heights of that existing structure this mistake went

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undetected through multiple approval stages including by the city of philadelphia which

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allowed the property to pass the framing inspection the inspection stated that framing

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was installed in accordance with approved plans and building code, so they moved forward with

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the construction, thus showing the challenges and identifying the issue in this case. Now the

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property stands at 40 feet 11 inches tall, just under 3 feet above the 38-foot height restriction

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in RSA 5. Demolishing and reconstructing the top floor is really not a viable option here,

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unfortunately. As you will hear, the building cannot be brought into compliance by reframing

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the fourth floor, as doing so would create a ceiling height less than the code minimum.

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In addition, it would create substantial financial burden for my client.

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Additionally, the variance will not set a precedent for other properties to exceed height

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limitations, as this issue is uniquely tied to these architectural miscalculations, rather

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than an intentional attempt to evade zoning restrictions.

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We have community support, as my clients collected signatures from neighbors.

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Can I make a suggestion? If you would, in your presentation, maybe should show what you're talking about on the thing and stuff. Right. Okay.

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Sure, sure. Yes, I would get that with testimony. We have community supporters. My clients collected signatures from neighbors who want to see the project completed.

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Importantly, the height does not obstruct sunlight, alter the neighborhood's character, or negatively impact any adjacent properties.

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As you can see in the picture, this is the building. It's already 75% complete. It was originally a three-story building, and it was renovated to become a four-floor building.

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As you can see, this is what it looks like right now. This is the back of the property right in the middle here, and then these are pictures from the front of the property.

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the red line in this picture shows where it cuts off because of there's also a deck that's not

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actually part of the property kind of making the property look a little bit taller than it actually

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is because there's this deck on top and that's the siding for the deck which is not obviously

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part not part of the calculations in the height you will hear from my client tim goo he's the

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homeowner who will testify about his reliance on professionals and how this issue could not have

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been caught prior to substantial renovation of the home and the complete addition of the fourth

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floor. You'll hear from our architectural expert, Jesse Smith, who's going to explain the

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miscalculations by the original architect on the project, which ultimately led to this issue.

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And finally, I'll bring in Annette Deutsch, who is the wife of Tim and who was planning to live

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in the property, and will speak to the community support for the project's completion. We ask that

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the board recognize the unique circumstances of this case and grant the requested variance

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and grant the requested variance to allow Tim and Annette to complete their home and move into it.

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to allow Tim and Annette to complete their home and move into it.

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I would like to, you know, call Tim to testify and ask him a couple questions that might clarify for the board some of the issues that occurred in this case.

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Tell me what happened when you went to the RCO. Did you go to the RCO?

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Yes, yes, we went to the RCO and we presented there.

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And, you know, by the end of the RCO meeting, there was an opposition related to the height.

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There was quite a kerfuffle about people being concerned that it was going to be an Airbnb, which isn't the issue here.

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And it's not going to be an Airbnb that requires special permitting.

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So by the end of the meeting, everyone there was either in support or they just at that point said they didn't oppose.

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They wanted the building to be complete and finalized.

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You know, we left feeling pretty good about the RCO.

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So they submitted their letter. Ultimately, the letter says that there is community support and that there is specific individuals that came up and expressed their concern with the fact that the zoning permit was passed, that the framing inspection happened and that was passed.

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And then this fourth floor was constructed based on that. And so they wanted to know why at that point it had passed the framing inspection, shouldn't it have been caught?

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And I think that really outlines the complexity of the height of this house. But nobody at the RCO meeting had an issue with the actual height. The building's a beautiful building and, you know, they're kind of excited to see it complete so that it's no longer, you know, looking like a construction area.

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Ultimately, the RCO did oppose, basically saying that they, I'll let them speak for

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themselves if they're here on why they opposed it, but it was not because of lack of community

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support.

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Okay, so you want to bring your client on to adopt your testimony and take additional

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testimony?

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Yes.

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Okay.

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What is the client's name, may I ask?

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Tim Gu.

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Okay, then we'll be rejoining us in Panama shortly.

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Thank you.

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Hi, could you please state your name, sir, and spell for the stenographer?

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My name is T-I-A-N-Y-U-A-N.

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My last name is G-U.

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Tianyangu.

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do you swear or firm to tell the truth the whole truth nothing but the truth

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yes please proceed counsel good afternoon tim uh can you tell me your relationship

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to the property at 1406 east moya mensing avenue um yeah so me and my wife um plan to move into

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this property once it's built and we yeah that's and are you the owner and president of skywide

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real estate llc that's right i am can you describe the nature of the renovation project at 1406 east

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moya mensing avenue um yeah we uh nature you mean like how many floors and whatnot yeah what was

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the basis of the project what was it going to look like and and what you know was it a renovation

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versus rebuild can you just explain to the board a little bit about what the project was

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yeah basically uh we we we bought we bought this house and then um planning to have our family

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move in here me and my wife's gonna live on the property and then we're gonna have how

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other family members potentially live with us and then we um because so we we our understanding is

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that we are allowed to build a fourth story um so so so we um based off that fab we designed

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our home um for the master to be on the fourth floor and then the guests our family live on the

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third floor. And the second floor will be kind of like the family gathering area. And the first

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floor will just kind of be kind of like an entry area, decoration area. And then that's pretty much

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what our original plan was. And the fourth floor, was that supposed to be a master bedroom? What's

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on the fourth floor? The fourth floor is going to be where me and my wife is going to live. It's

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going to be the master bedroom. So there's no other, on the third floor, there was never any

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master bedroom created, correct? No, because it was for like guests and family, friends and whatnot.

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So when you were looking into renovating the property, did you hire an architectural firm

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to do the plans and drawings of what the property would look like with a fourth floor?

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Yeah. So when we hired the architect Plato Associates, we basically, you know,

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show them this is what we wanted to do um we because um so they said that everything is okay

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we can do a four story um we are able to you know that that that's when we you know thinking yeah

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we are able to you know that that's when we you know thinking you know we have to put like a

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we have to put like a

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master on the fourth floor so that way it makes sense for the layout for the entire building

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great and i want to put i would like to put a document up on the screen so i'll stop share

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my current screen and then share this document here yeah great and

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And Tim, does this document look familiar to you?

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This is the plan that the architect wrote.

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Yes.

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And do you see that there's a plan approval in the corner, a sticker in the bottom left corner?

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The city approved it.

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um and at any point did plato studio tell you that it would not be feasible

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due to zoning requirements to add a fourth floor to the pre-existing structure

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um and you know looking at this document did they create this drawing and plans that included

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the fourth floor? Yes, they do.

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And to your knowledge, you know, was it your understanding that these plans complied with

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the zoning height requirement of 38 feet? That's right. And do you have any background

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in architecture? You have a degree in architecture? No, I do not. I went to school for finance.

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Did you have any reason to believe that your home would not be in compliance with the zoning

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height restriction? Not at the moment when I first started the project. And you, you know,

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as the company that built it, you built it according to the structural plans that were

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provided to you by Plato Studios. That's right. And in order to move forward with the renovation,

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you were required to also pass framing inspection? That's right. Wish I already passed it.

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And I'd like to share another document on the screen.

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Tim, are you able to see this document?

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yes i am are you familiar with this document yes um i i met with the inspector on site and then

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he passed me um and this this is the inspection report for the framing correct right and can you

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read to me the inspector's comments in this document framing install in accordance with

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approved plant and building code fire blocking and draft stock install where you required great

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Right. And this was normal to you. You know, any project that you've ever done, this was what looks like a normal inspection.

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Pretty standard. There's nothing crazy going on.

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So when did you first learn about the height discrepancy?

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So I guess one day the inspector, this specific inspector called me and just say, there's an issue.

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He want me to meet me on site. And then me and he met on site.

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and then he he he didn't bring a tape so i actually provided with him with a laser tape

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and then um and then me and him went upstairs and then he was saying that they they have received a

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report saying that our building is taller than what it's supposed to be so then me and him on

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site measured it we we weren't even we weren't really able to measure the exact height of the

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building so we actually measured it from the third floor so when we measure on the third floor

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approximately is like a couple of feet taller.

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That's when they say, well, you know, I'm sorry,

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I have to stop this work right now.

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So, and then you have to figure out from there.

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That's when I find out, you know,

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the building was built too tall.

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And how far along was construction at that point?

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That's, we are ready for drywall.

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So that's the point where we are ready for drywall is like,

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the next thing we're going to do is drywall.

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But he stopped me before I was able to put the drywall in.

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And would you say like if you had to give that a percentage of, you know, out of the house being built 100 percent, what percentage was the house built?

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I would say at least like 75 percent, 80 percent done. Framing, electrical, everything is in, you know, windows on site.

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I'm just going to put in the drywall and then just finish that. That's it. We're done.

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What would it take to bring the building into compliance without a variance?

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my understanding is i had to remove uh i have to remove the fourth floor and then i have to remove

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um i have to change the layout of the entire building because um because of i have a fourth

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floor i actually had like a tall ceiling on the second floor but i had to take everything down

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take everything down and then basically we lay out the building and then take the floor down

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and then basically lay out the building and then take the floor down to

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to so you would also have to take the third floor down correct

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um and what impact would that have on you financially and logistically um i just don't

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have the money right now to do it just because i had a budget and then i i'm running out of

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the money and then i'm paying for a loan um it's been two years i'm paying for like a high interest

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long right now just to get this project done and I've been waiting you know it's just to get

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something so pretty much I don't really have any plan I don't I don't really have the money to get

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everything done. And you are planning to move into this home you were planning to move into it a year

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ago when it was almost supposed to be complete where are you currently residing? So right now

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I'm in an Airbnb with my wife we're just kind of waiting to get this to get approved and to get

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this house built and then me and my wife can actually move into it um have you spoken to

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the neighbors about the issue um yes i did and but my wife is the person who went around and

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