civus
Hearing video

ZBA Hearing - January 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 7, 202555m

Thank you.

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currently chair we have 10 attendees you can proceed as you wish thank you good morning

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everyone my name is bill bergman and i will be sharing this morning's hearings with me is our

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Our vice chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Thank you.

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Our board member, Tana Graham.

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Present, Mr. Chairman.

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Our board member, Taya Nguyen.

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Present, Mr. Chairman.

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So present is our attorney, Hillary Emerson, and our executive director, Ian Haggerty.

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Here's our verse 4 for now.

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270-5548.

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Leave your email address and the address of the property in question.

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The question answer box on the screen is not for testimony.

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All questions should be directed to our executive director at ZBA executive director at phil.gov.

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Here's our schedule for today.

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Number five.

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Number five, MI 2024-003-335-621-25 Reed Street.

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That case has been continued.

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And number seven, MI 2024-007-193-3701 Chestnut Street.

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That case has been continued.

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Are there any other requests for continuances?

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good morning mr chair this is jason and i will be your calls for this session

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at this time i do not see any hands raised for further continuances

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okay thank you so number one mi 2023 00716 469 urania street this is the third listing we have

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no exhibits is hillary fullborn or galen fitzpatrick in the audience

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chair we have a hand up raised hand raised from a number ending in 3552 i'll let them speak now if

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you wish sure good morning

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

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Yes, Adrienne Fernandez. My last name is spelled F-E-R-N-A-N-D-E-Z, Swampoodle Neighborhood Prices Association, RTO.

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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.

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Adrienne, are you involved in this 469 Arania Street?

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No, I'm sorry. I am calling about 2601-31 North 26th Street. I'm sorry, North 28th Street.

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28th Street. That case has not been heard yet. We're going to get to that. Okay.

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Okay, so 469 Arania Street. Is there anyone in the audience present?

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Again, Mr. Chair, I didn't see any hands.

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Okay, so MI 2023-007-126-469 Iranian Street, I vote to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Kenetta Graham, my vote is to dismiss.

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Iowan, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Thank you.

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Number two, MI 2024, 000819, 4444 Oakmont Street, Robert and Amanda Klein.

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4444 Oakmont Street, Robert and Amanda Cline, this is a resumptive hearing.

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Robert Cline has been allowed to speak.

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Mr. Cline, could you please state your name?

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Robert Cline.

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Spell for the stenographer.

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Mr. Cline?

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i'm sorry mr jerry cut off okay it was switching me into like a panelist sorry

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all right thank you hi mr klein could you spell your name for the stenographer

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it's uh robert r-o-b-e-r-t klein k-l-e-i-n do you swear or firm to tell the truth the whole truth

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and nothing but the truth i do okay so mr klein this is a resumptive hearing and uh we're going

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to have you testify relative to we needed photos, interior photos, and we do have your updated tax

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compliance. So thank you. Could you show us the photos that you have, sir? Let me just share my

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screen okay you're we see you okay

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there would be one sec sorry

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okay so

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this is

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open this up. We don't see anything. You have to show us your photos, right?

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We see you. Okay, hold on one sec.

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Sorry.

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okay we're starting to come i see your photos okay sorry about the technical difficulties

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all right so this is um the the bathroom for so the last time when i testified i didn't

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i know could but could you do me a favor could you enlarge it so we can see it

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so in other words your pdfs are here but we're trying to see the photos can you see can you

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see the picture i have on my screen now or no no we see like you got it i think you got a tap on

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the bathroom bedrooms etc to make it come up right okay give me give me one sec

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okay thank you when he moves so that's the bathroom on the first floor

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yep that's the bathroom remember this this unit's vacant um we haven't we're gonna we're gonna paint

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it um yeah make it look nicer put furniture in it um this is the bedroom as is um kitchen as is

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and then

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living room as is.

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And then this is

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pictures of the

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second floor. This is the

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bedroom, the kitchen,

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living room

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and kitchen, living room.

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This is the

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back driveway,

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corner of the front.

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This was the new zone

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and toaster that I had to post.

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your testimony your testimony prior was this has always been a duplex and you have non-opposition

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for homesburg civic associations here correct okay questions from the board

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um can we uh what was that picture of the living room

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where what is this one or yeah is that is that the living room or is that a is that a bedroom or

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it's it's a living room over the years um people have used uh you know it's it's front of the house

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or back of the house and i have had tenants use one as the bathroom and another one's the living

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room um yeah is that a closet the the doors there it is a closet yeah lining doors yep it's a it's

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a closet it's got lots of storage right there okay and where's the where's the entrance to the

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unit can we see that in these pictures is that uh i don't think i have any entryway pictures i just

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pictures is that i don't think i have any entryway pictures i just took pictures of the inside of

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the units okay but to access the units how are we getting in and so you you come in the the front

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door right there as soon as you come in there's a door to your left that goes to the first floor

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and then when you go up the steps that's what gets you up to the second floor there is so there's

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there's a main door um and then there's there's two doors for each apartment or one door for each

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apartment okay and then the door there uh that's on the bottom the basement door yes what are we

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what are we doing with that is that an entrance that we're using is that just to the basement

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it just goes to the basement goes to the laundry area there's a washer dryer down there um and then

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the hot water heaters, the heaters. There's some additional storage, and then there's an entry

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from there to get to the first floor. Okay. And do the tenants have access to this basement?

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They do. Okay. Both sets of tenants, the first floor tenants and the second floor tenants?

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Correct. Okay. For purposes of using the laundry downstairs, is that, and for storage purposes?

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yep yep exactly yeah okay all right thank you no problem other questions

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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you're not seeing any answer mr chair planning commission

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good morning amy boy with the planning commission amy boyd

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

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i do please proceed the comprehensive plan recommends no change to the existing rsa 5

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single family residential zoning at this location the appellant has not shown that

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the property cannot be used in strict conformity with the zoning code and that the variance is

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therefore necessary to enable viable economic use of the property. A 2020 zoning ordinance

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passed by City Council which regulated short-term rentals did not change the basic rule prohibiting

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full-time use of dwelling units as short-term rentals. This type of absentee management where

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the owner does not live in the unit has been illegal since the first short-term rental zoning

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regulations became effective in 2015 what changed the passage of the 2020 ordinance is that there

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is now a licensing enforcement mechanism therefore the city planning commission recommends that the

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board deny the requested use for answer visitor accommodation excuse me mr chair there um there's

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somebody with their hand raised they had their hand raised at different points during the

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presentation uh randolph fair could you they've been allowed to speak sir could you please state

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your name and spell for the stenographer randolph fair please unmute and wait to be sworn in

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

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Randolph Fair Sr.

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R-A-N-D-O-L-P-H

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Fair

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F-A-I-R

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Sr.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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Are you a neighbor?

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No.

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Okay, please proceed.

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Yes, actually I signed on

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not knowing what I was signing on to

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because there's actually two things going on.

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One is for a property that's actually

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down the street from me a school no well sir listen to me this is 4444 oakmont street i have

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no comment on that thank you very much is there anyone else in the audience for oakmont street

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okay thank you so mi 2024 000 819 444 oakmont street i vote yes for a temporary variance

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that expires

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7-7-28

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and what happens if there's 7-28

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sir

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coming back again sir

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okay

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Cheryl Guess

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and my vote is yes with Proviso

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Taneta Graham my vote is yes

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with Proviso

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guy's not voting this is the one this is the one i didn't okay okay ishmael ishmael my vote is just

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this is the one

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this is the one I didn't hear

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okay

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with proviso thank you number three thank you thank you number three mi 2024 001 673

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920 and one half west somerset street devon ukta is the attorney this is a resumptive hearing

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They will be coming back in as a panelist shortly, Mr. Chair.

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Sure.

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Good morning, Mr. Chair. Good morning, Boris.

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

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Yes. Devin Uqda, D-E-V-I-N. My last name is Uqda, U-Q-D-A-H.

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you swear or affirm to tell the truth

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the whole truth and nothing but the truth

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yes I do

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so counsel this is a resumptive hearing

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has it been posted for this date

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and do you have a photo of that posting

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yes

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okay

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and the second thing is

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we see you want a triplex

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but

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the letter you sent to the neighbors

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says it's a duplex

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So the letter I sent to the neighbor says a duplex

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Says it's the duplex

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Says it is currently a duplex

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So I'm

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So I'm trying to make it a multi

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I know I'm aware

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You want a triplex

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Correct

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But what I'm saying the letter that went to the neighbors

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said that you wanted a duplex okay am i right hillary

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yes so the letter advising them of the rco meeting

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that was in your packet right so we had a change in plan um i guess if approved we can come back

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and ask for an additional unit but it's large enough for three units it was actually a commercial

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space on the bottom originally and then two units on the top. So it already is one commercial space

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and two units currently. Hillary, I think it's going to let you have to go back to the neighbors

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and explain that. Do you agree? Yeah, I mean, what was presented to the neighbors, Mr. Efta?

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It was presented that it was going to be three units. We presented that it was going to be,

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the neighbors were aware that it was a candy store usage that there is a store and has been

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there for like 20 or 30 years um and we just were keeping the two units the same and just

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