civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

Ishmael's recused on that case.

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Number four, MI 2024-003-732-1040 Wall Street, I vote yes with proviso, per amended refusal, dated 123-25.

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My vote is yes with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Tywin, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Number five, MI 2023-007-092-789 South 2nd Street.

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I vote yes, with proviso.

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Revised plans, one page, stamped by ZBA, January 29th, 2025.

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michael johns my vote is yes with proviso

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cheryl gaston my vote is yes with proviso tanetta graham my vote is yes with proviso

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hi and when my vote is yes with proviso ishmael shaheed my vote is yes with proviso

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thank you we're going to our regular list number two mi 2023 000 784 263 east upsell street

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Miranda Darden is the listed applicant.

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This is a pro se.

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Miranda Darden has been promoted to a panelist

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and chair of the results.

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Okay, there was another handbook that's been put down.

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Excuse me.

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Good morning.

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Good morning.

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Could you please turn your video on?

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Sure.

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Good morning. Could you please state your name and spell for the court stenographer?

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I'm Miranda Darden, M-I-R-A-N-D-A-D-A-R-D-E-N.

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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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I do.

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So this is for the erection of a fence around the perimeter of an existing single-family,

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semi-detached structure. Fences that are located between the street and the building on the lot

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shall be no more than four foot in height and no more than 50% opaque, whereas a solid timber fence

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six foot in height is proposed at the front yard. Our vice chair has a few questions for you.

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Good morning. Have you emailed in all the required documents and exhibits that's needed

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and required to proceed with this case five days in advance of this hearing?

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Yes. Thank you. You may proceed and share the screen.

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okay um really quickly what am i supposed to be sharing today

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all of your documents that you're going to present with us which is going to be your

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denial letter um your um the deeds the photos and any okay that you may have so anything that i

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put through as an exhibit everything that you said gotcha okay thank you

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I will share my screen once I figure out how to do that.

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Can you see my screen?

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No.

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It should be the green button in the bottom.

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Here.

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Here, it's coming up now.

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Okay, perfect.

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Thank you.

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Yep.

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Okay. So, I will start with the notice of refusal.

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Okay.

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Okay, so I will start with...

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Okay. Tap on that.

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Thank you very much. We have that.

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Your next document, please.

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This is the application for appeal.

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Okay. Thank you. We have that document.

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Project information form.

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Yep. Thank you. We have that.

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And then the application plan initially submitted.

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I have the East Mount Airy neighbors.

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And they were unanimous in your support, I understand.

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Yes.

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All right. So why don't you tell us what you're doing and show us some photos.

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Okay.

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so this is kind of a good place to start initially i had a fence there that was

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falling apart and we knocked it down to extend from this line on to the side however it does

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stop short of the front of the house so my front porch is right here right and because this is a

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side property i think there is a there is a limitation to front front porches and side

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porches or side fences to be four feet tall so um it's kind of hard to tell in this photo but

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all of these properties surrounding my properties are actually elevated and also this is a very high

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traffic street so there are a lot of people that walk to and from school for example on these blocks

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and i have three dogs so the goal was to not only ensure privacy deter litter but also keep

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my dogs um separated from ongoing pedestrians um and they're they're larger animals do this

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why don't you show us the rest of the photos i think we're we have a pretty good understanding of

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this. So here's another photo of the zoning paper posted and it's nothing too exciting to look at

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but yeah just along along the side of the property this is my fence. What else? And this is kind of

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a good photo to show from far away, just how that aligns on the side of the house.

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Okay, so you went to a contractor and you weren't aware that you had to have

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this zoned. Is that what happened?

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Pretty much, yes. And then the contractor now moved to a different country. So we tried to

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filed the paperwork after the fact, not knowing that this probably should have been filed

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beforehand. And it's just been an ongoing scheduling nightmare, honestly, with trying

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to get everything posted and up in time to present for this meeting. So hopefully this

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Questions from the board.

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the audience?

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Questions or comments from the virtual audience?

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Yes, Mr. Chair, we have a hand up from Tyrone Williams.

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I've allowed them to speak.

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I don't think this is Tyrone.

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um mr williams i don't i don't think this is your case that was a mistake that was a mistake

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okay thank you okay mr chair please support me for that we have a hand up from charles

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richardson i've allowed him to speak sure mr richardson you've already been sworn just for

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the record state your name sir charles richardson office of councilwoman cindy bass councilwoman

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has no opposition to granting this we're actually glad that mr darden is finally getting this done

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This has been around for a minute, so no opposition.

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All right. Thank you very much for taking the time to calls.

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Planning commission.

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Thank you, chair.

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Thank you, chair Bergman. And good morning, David.

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With the city planning commission, chairman and board members, the.

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Oh, sorry. FECTEA.

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

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Yes, sir. I do. Please proceed.

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Thank you, sir. Chairman and board members, the comprehensive plan recommends no change to the RSA3, residential single-family zoning at this location, but there is no unique physical condition or circumstance that will prevent this property from being used in strict conformity with the zoning code.

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condition or circumstance that will prevent this property from being used in strict conformity with

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the zoning code the city planning commission recommends the board deny the proposed variance

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for a non-compliant fence we also note that the proposed fence may constitute an encroachment

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of the public right-of-way which can only be cured through a bill of counsel thank you mi2023

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0-0-0-7-8-4-2-6-3

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East Upsil Street. I vote yes. Michael Johns. My vote is yes.

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Cheryl Gaston. My vote is yes. Tanetta Graham.

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My vote is yes. Taya Nguyen. My vote is yes. Ishmael

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Shahid. My vote is yes. Thank you. You have your votes.

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Thank you. We're going to move to number

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10. MI 2024

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four zero zero one nine four seven twenty three fourteen north broad street jessica nelson is the

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listed owner this is a pro se jessica nelson will be returning as a panelist shortly mr chair

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hello hi could you please state your name and spell for the stenographer

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Jessica Nelson, J-E-S-S-I-C-A, last name N-E-L-S-O-N.

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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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I do.

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All right.

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So this application is for use as multifamily household living in an existing structure.

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The proposed use, multiple family household living, does not contain a use other than residential and other than parking along 100% of the ground floor frontage and within the first 30 feet of the building as required in the CMX 2.5 zoning district.

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Our vice chair has a few questions for you.

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Good morning. Have you emailed in all the required documents and exhibits as needed to proceed with this case?

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no problem please proceed and share your screen okay i would say there's also a letter of support

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from the uptown entertainment developing corporation

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um it's coming up okay

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perfect is everyone able to see my screen we see it okay wonderful

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both. Okay, so feel free to direct me on how you'd like to see this, but here I have all of the

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pictures of the units. I won't go through each one unless you would like me to, but right now

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I'm just showing the floor plan for each unit. This is the photo of the zoning notice. I have

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the zoning application. I also have the refusal notice. I have the application for appeal.

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I have the project information forum. Here are the list of the addresses to which the public

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meeting notice was sent to. Here is the public meeting notice. Here I have the meeting summary

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forum from that meeting. And then on the subsequent page is the letter of support.

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I then have the certificate of tax clearance. And then separately, I have the deed, which I also

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submitted. Ms. Nelson, how many units do you have in the building? Four. Four. Could you show again

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the drawings of the

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absolutely please

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so that's the basement right

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there's no living in the basement

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there is so this is the

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picture of the if this

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would be helpful this is a living in the

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basement

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and then excuse me for the blurriness

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but I thought that this might be helpful

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to see I believe it's called like

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the easement I believe

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the ladder that is there

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I thought that might be helpful to see

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this is another view

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of. Well, is that an apartment in the basement? Yes.

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Okay. Show us

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the rest of the building, please. Absolutely. This

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is the first floor unit. Will you also like me to

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show all of the pictures from each one? Would that be helpful? Sure.

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Okay. This is one bedroom.

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That is another.

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living area, also living area, other pictures of living area. That is the bathroom.

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This is what is titled as unit three, so on the second floor, bathroom, bedroom, another bedroom, living area, another view of the living area, that is also a bedroom.

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This is what is titled as unit three, so on the second.

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And then this is the fourth one, the one on the third floor.

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This is a living area, same living area, bedroom, bedroom, leverage of the bedroom.

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This is the kitchen, kitchen, restroom.

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So my understanding in 2004, your property was approved for three apartments with no basement living.

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I believe so. But when I acquired the property, I didn't do any construction. That living was already there when I acquired the property.

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Thank you. Questions from the board.

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is so so the we're just trying to get this straight so the property was approved for three

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family uh with no living living in the basement but what you're asking for is to have this

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basement apartment correct and i believe before then um it was originally listed as a four family

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and then i believe it then went to three um and i guess i'm guessing i'm asking it to go back to

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four and you go can you go to the floor plan of the basement and the first

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so this is all one unit there's no there's no this is like an efficiency is that what this is

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i believe so i'm not familiar with the terms i'm not sure no there's no like separate bedroom

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shown in this plan no so it's like I guess it would be almost like a studio because everything

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is open um it's like in I don't know if it'll be helpful for you to see the actual pictures but as

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you can see so this is one point of entry or exit that's the stairs you come down and all of this

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is open so at the side right here that's the kitchen you know there's that window I believe

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it's called that easement which is like so there's another exit right here um does that

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go to because i see this glass block oh sorry there's a backyard um i think the picture of the

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backyard oh um excuse me if i did not maybe i didn't send a picture of that one uh excuse me

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for that it looks like I do not have a picture in here of it but there's a background could you do

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if could you do us a favor could you explain the ladder photo you showed you showed a photo with a

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ladder absolutely so that's right here so in that um you know you see this square right here that

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that's like that window um and then I have the ladder here to serve that's like the second um

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exit. And then once you go through that, there's a lot, there's that backyard that

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does this egress well open into the backyard or to a side yard?

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Oh, sorry. Can you, can you repeat that please?

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Does this egress well open to the backyard or a side yard?

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Back.

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Backyard. And then is there a grate at the top of this stair or is it open?

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It is open.

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for my understanding on your floor plan for the basement floor which i think you have listed as

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unit one there's a door at the front where you see the bathroom where does that door go to

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this that's like that's storage that's not that's not an exit so there's an exit

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