civus
Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

Now that she's letting me join up. Now I'm going to share the screen.

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Okay, and we're going here. Can you see?

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Mr. Sotomayor, now that's your screen, and you're going to do the testimony for us, okay?

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Okay, good afternoon, everybody.

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Tell us what you're going to do.

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Okay, I submitted the application of Guinea last year for 2022 for takeout restaurant with a single family dwelling.

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Basement will be used for storage purpose of the restaurant.

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At test, you will find the application, the refusal, the special exemption forms, project information, the flyer, letter of support from RCO Impact Service and 42-second award, certificate of mailings, pictures, floor plans of the building view and elevation, as well as interior layout.

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All right.

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So why don't we do this?

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Why don't we do this?

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Let me see the pictures.

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Okay.

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Okay.

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There's your notice. We see that.

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Okay.

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I need the outside photos first.

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I can't see that.

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Right there.

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That's your property there.

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That's correct.

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And the first floor is going to be the restaurant.

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That's correct.

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Take out.

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It's vacant.

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It's vacant right now.

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Okay.

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That's the interior.

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That's your mailings?

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That's my mailings.

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Could you show me your letter of support from Impact?

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They support.

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Okay.

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Mr. Sotomayor, all seven people voted for you?

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Yes.

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Okay.

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And this is your drawings for the first floor, right?

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That's correct.

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Basement's going to be storage.

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This is your first floor here.

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That's correct.

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Hours of operation were Monday to Friday, 7 to 3 p.m.

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We'll be having cameras, lightings on the corner, and commercial trash in it.

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Okay.

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All right.

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Questions from the board?

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Okay.

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No, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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As Inouye and Chair, Planning Commission.

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Ron Bednar, City Planning. Property is currently split zone for residential and commercial on the

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city plan. Proposed use will have no more of an impact than would be expected to have given its

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specific location. Therefore, we recommend that the Board grant a special exception.

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MI-2022-002-344, 400 East Allegheny Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, sir.

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Thank you.

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Thank you.

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Number seven. MI 2022-002-641. 12094 Depew Avenue. Mr. Mamet Kalaf is the owner, pro se. Letter of support from the Somerton Civic Association and letter of non-opposition from Council Member Squilla.

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from Council Member Squilla. O'Neill, I'm sorry.

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O'Neill, I'm sorry

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Hi.

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

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Yes, that is Mahmoud Mamaklov, M-A-H-M-U-D, M-A-M-A-T-K-U-L-O-V.

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Right. 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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Our vice chair has a few questions for you.

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Good afternoon, sir.

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Have you emailed all the required documents and exhibits that are required for us to proceed with this case today five days in advance of this hearing?

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I did.

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Okay, thank you.

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Can you please proceed and share your screen?

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And, sir, I'm going to read you what we have here.

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This application is for the documentation and legalization of a deck at the rear of the first floor level. Sizes and locations as shown in the application plan. A deck may not be enclosed by walls or roof above the usable surface of the deck, nor may be enclosed by walls below the usable surface of the deck.

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Decks and similar attached structures with covers of walls are considered part of the principal building and must comply with all yard and other requirements that may apply to the principal building.

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You can now share your screen, sir.

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Okay.

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So let me start showing with the pictures.

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That's my house.

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I built this deck without getting a permit initially.

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and so the zoning board i'm here for to get a permission to get a zoning permit on this roof

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so this is one side of how old is the deck i have to look up one second

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approximately 24 24 foot

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side is 10 10 by 24 okay and there are another picture from the site and very last picture is

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from the other side that's how it looks like and i have the stairs everything and it's right

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behind my house and i did one to rco meeting there were 25 members they all support my

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presentation you have a letter from um the councilman o'neill to non-opposition right

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okay uh i am not quite sure i should have it but i don't have a copy on me

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i should yeah i went to the o'neill's office okay all right so i i believe we have a copy of it

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how long ago did you build the deck right after covid so the late 2020

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all right um questions from the board

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no mr chairman no mr chairman no mr chairman no mr chairman questions or comments from the

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virtual audience i see no handshare planning commission this uh ron bednar city planning

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property is indicated for residential and the city plan, given the, hold on a second.

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The applicant has not demonstrated unnecessary hardship regarding the requirements of the code.

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Application does not represent consistency with the adopted district plan,

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therefore we recommend the request for variance not be granted.

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MI 2022

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002 641

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12094

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Depew Avenue I vote yes

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Thomas Holliman

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my vote is no

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James Snell

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my vote is yes

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Ishmael Shahid my vote is yes

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you have your vote sir thank you

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thank you

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We're going to go to number nine, MI-2022-004-648-7492 Oxford Avenue.

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Mr. San is the owner.

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Letter of support from Fox Chase Homeowners Association.

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Letter of non-opposition from Councilman O'Neill.

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Mr. Sun is coming back in as a panelist.

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Mr. Sun is coming back in as a panelist.

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Okay.

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Okay.

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Hello?

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He was just here, Chair.

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That's fine.

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That's fine.

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Mr. Sun?

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There he is.

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Sir, could you please unmute yourself, Mr. Sun?

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Okay.

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Hi.

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Hi.

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Could you state your name, please, and spell for the court reporter?

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Hi.

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My name is Kwam Sun.

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Q-U-A-N.

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My last name is S-O-N.

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Mr. Sun, could you do me a favor?

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Good, I can see you now. That's fine. I need to see you. Thank you.

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So this application is for the uses of personal services, hair and nail salon on the first floor of an existing structure.

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The proposed use of personal services is prohibited in the RSA 3 zoning district.

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Our vice chair has just a few questions for you.

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Chair, excuse me, this is the court reporter. Would you like to swear him in?

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I do.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I tell it too.

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Okay.

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Our vice chair has a few questions.

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Good afternoon.

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Have you emailed all the required documents

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and exhibits that are required

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to proceed with this case five days in advance

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to our offices?

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Yes, I do.

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Thank you.

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Please proceed and share your screen.

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Share your screen.

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green button on the bottom yeah that's good you're good

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okay so okay see

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oh here's the portal in front go slow for us so that's that's the photo of your property

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Yeah, this is in front of my property, and this is the side building.

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This is from the back.

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There are three doors to the building.

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This is the first room, the main room.

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This is the main room.

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This is called the storage room.

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So I try to knock out one side right here, knock out to make the room look bigger.

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This is really smaller.

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And I try to close this.

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Entrance from the first floor from the second room to the second floor.

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You're going to close that up, you're saying?

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Yeah, we close this one and open to the kitchen and separate like the two, like a,

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So two rooms on the first floor and the kitchen go with the second floor.

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Mr. San, what was in that property, the first floor before?

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It's like a gun shop.

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What kind of shop?

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Gun shop before.

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Gun?

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Yeah, yeah.

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It's like a buy for a sports shop.

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Like a, like a, the gun shop for fishing, fishing and guns?

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A sports shop.

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Sporting goods.

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All right.

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Okay.

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Okay.

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Thank you.

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Yeah.

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This is, that's all.

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This is the kitchen.

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This view from the top.

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Okay.

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Why don't you point out where you are there?

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uh no this is the the building that's what i'm saying well could you point out where you are

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i see right okay all right it's right here we can probably put here and to and from i think

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and we can pop in like fours in the between right here all right the maximum of that

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do you have drawings on what you're going to put on the first floor first floor we put just like a

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you have drawings of what the first floor is going to look like when you're done

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oh my first floor is this way

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okay

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