civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, we did. Thank you, Council. Please proceed and share your screen.

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Thank you.

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All right. So I'm here. Let me just get the full screen mode.

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All right. So I'm here to present 7211 and 7213-17 Edmund Street. These are two separate

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zoning appeals. What we're looking to do is put essentially four duplexes here,

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four sets of twins. So during our presentation, we'll review the notices of refusal,

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than the correspondence from the Ciccone Civic Association,

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where they unanimously either supported it

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or were in non-opposition to our project.

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My client did an extensive petition,

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and I have to say he did it himself,

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so it's not traditionally how you would see it,

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but he literally took the addresses

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that the Planning Commission gives us

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to send the notices to,

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and he had each of these parties signed in support.

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So it's a little bit unorthodox,

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but I'm just letting you know he did it himself. It's not out of character to have duplexes in the

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neighborhood. And we have a few examples on this block, which are nearby duplexes. That's one of

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our refusals. The second refusal has to do with front yard depth, not out of character to have

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variances of properties of building structures that don't conform to the Philadelphia zoning

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code. We have a few examples by way of documentation, as well as the third refusal that has to deal with

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side yard width, where we're requesting a smaller side yard. Again, not out of character based on

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what you're going to see in our presentation. Then we'll review maps of the area, which includes

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the zoning map. This is an RSA3 property, but what we're requesting is, again, not out of character.

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Photographs of the property in the surrounding area are plans and drawings, which were

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prepared by Nome architects. And we have Justin Bright in the meeting room,

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and he'll be able to answer any architectural-related questions.

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Our RCO meeting notices are applications for appeal, the deeds of the property, and the certificate of tax clearance.

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So the first thing we have is the notice of refusal for 7211 Edmond Street.

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Again, what we're trying to do is create twins with two-family household living in this one for 7211.

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And here we have four refusals.

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The first is the use. This is an RSA 3 property, and we're trying to use this as a two-family household living later in the presentation.

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And we're trying to use this as a two-family household living, and later in the presentation we'll show you that's not out of character and, by the way, has the support of the full community.

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The second refusal has to do with the front yard depth.

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We're eight feet required, and we're at six feet, 11 inches, so we're just barely a foot off of that requirement.

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again, not out of character. And the reason why our front yard depth is a little bit short in a way

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is because we wanted to build a greater front porch, which is more useful for the people that

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are going to reside in the property. So that's the architectural reasoning behind that. The third

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refusal has to do with side yard depth, width, excuse me. And that's required under the Philadelphia

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zoning code of eight feet and we're at three feet eight inches again not out of character to the

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surrounding area and the properties to left and right of us are set back enough where we're not

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even affecting those individuals and then the fourth refusal has to do uh with the maximum

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occupied area in rsa3 which is 50 we're slightly slightly above that and we're just doing that

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because, you know, again, our depths of our property, of rear yard depths are pretty substantial.

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Our open area is pretty substantial generally, but not for RSA 3.

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But we're asking that to give us better floor plans as well.

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And then the second refusal has to do with 7213 Edmund Street.

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So originally, this is really 7213, 15, and 17 Edmund Street.

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So this was originally three parcels that were combined at one point.

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we're just now looking to subdivide it like it was in the past and for each parcel we're looking

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to put a duplex there with the front porch and something that would mimic the architecture there

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and also mimic the use that you would see in the neighborhood as well and we have this similar same

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four refusals first is for the use of the property where this is an rsa3 property and we're asking

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for a duplex which is technically not allowed as a right under the philadelphia zoning code

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but not out of character. The second one is the occupied area where we're slightly above the 50%

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requirement. We're at 52.2%. The third refusal has to do with the front yard depth where eight

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feet's required, where again here we're at six feet 11 inches and the same rationale and reasoning

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that we wanted to put a deeper deck there to be utilized by one of the unit owners or occupants.

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And then the fourth refusal has to do with the side yard width, where eight feet is required under the Philadelphia zoning code, and we're at three feet, eight inches.

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Again, not out of character to nearby properties, and because of how we're positioned in the neighborhood, the properties to the left of us and the right of us are really not feeling the effects of that.

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So the correspondence, you know, from Ticcone Civic Association, they explained that they were very appreciative of the design and the fact they were using porches, and they had no issues with the duplex use at all.

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And, you know, again, you'll see this in the drawings and just the pictures.

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Right now, there's a curb cut on both of these properties where we're taking away a curb cut, which would put three cars back on the street.

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so they were appreciative of it we're adding some parking back on the street for the general

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population and then as you can see here um you know we had either support or non-opposition

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so no one who attended this meeting was in opposition of this project

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and then i i think one of the provisos that the the group did talk about that's enforceable

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is trash stored outside.

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So if this board feels inclined to grant

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this zoning variance request,

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we would ask that the board do so

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with a proviso of trash to be stored outside.

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And we actually have a specific part

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just for illustrative purposes

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of where we are going to store it.

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And the community agreed

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that that was an acceptable part of our property.

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And then our petition, like I said,

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a little bit out of character

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to what we typically do with a petition.

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But, you know, my client diligently went by every single property that was on this list, and these are the letters that he, the signatures he got of people who were in support of the project.

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And then duplexes nearby, you have 7226 Edmond Street, 7228 Edmond Street, 7232 Edmond Street, 7232 Edmond Street, 7224 Edmond Street.

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And those are the properties on our block.

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There are also duplexes in nature.

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And then nearby properties with nonconforming front yard depths.

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So we went on Atlas, and these are the properties just on our block and the next 100 block, which is examples of properties which don't have that 8-foot setback requirement.

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And then the nearby properties with minimal or no side yards, and again, we took this off Atlas, but you can see that with the shading of these properties, but you have 7224 through 32, which have no side yards, 7248 and 50, and 7227 as well have no side yards or minimal side yard widths.

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And then the nearby properties with minimal or no side yards.

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And again, we took this off.

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And then maps of the area, we are RSA 3. Again, one of our properties is triple wide because at one point it was three separate properties. We're looking to subdivide again.

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And then this is from a Google Maps perspective as well. And as you can see, we're near Torresdale Avenue, which has a commercial component to it. So by adding this density to this part of the neighborhood, we're going to help support that commercial component as well.

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And then photographs of the property. This is what the property looks like, 72, 11, and 13. You know, you can see it's like right now it's just a one-story garage with a curb cut. And then this is our hearing notice for today's hearing. And then for the other property as well.

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and then you see admin street to the right of the property uh to the left of property you can see

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that there are these porches here so it's somewhat of a porch neighborhood and then there are plans

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and drawings and this is from gnome architects um but you know just to give you an aerial view

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of 72 11 and 13 and see how big we are compared you know in terms of lot size to the other

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properties that you know in relation to ours and then this is just that same picture just showing

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7213 which is triple wide and then 7211 as well but you can see this curb cut we'll be getting

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rid of where we'll be adding three public spots onto the street

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and then this is you know their inspiration of how they wanted to go for um you know for porches so

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So you've got 71, 50, and 52 Edmond Street, as well as 7044-46 Hagerman Street, are both

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porched properties, as well as 71, 32 through 36 Tulip, as well as 71, 49, and 47 Edmond

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Street.

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And then this is our inspiration.

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This is our proposed exterior rendering, again, with a little bit more of a modern twist,

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but all bricked up.

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On the third story, we set it back and had different type of materials to also kind of make it seem like shorter than it is, but provide a good amount of living space on that third story.

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And as you can see, you know, nice porched area, nice, you will have landscaping in the front, very pronounced openings.

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we'll see in the floor plans but the first floor unit will be off the entrances on the side the

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second unit which is the second and third floors the entrance is on the front and then the first

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floor unit will have exclusive access to the rear while uh the second the second unit on the second

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and third floors will have access to our roof deck excuse me and then this is just you know our zoning

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plans. And then this is our elevations here as well. And then this is our floor plan. So again,

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just to reiterate, first unit, you come off this side entrance on the first floor, you have an open

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floor plan, you have a bedroom, then you have some, you know, bedrooms in the basement, as well

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as some bathrooms as well. So for each of these units are three bedrooms, the first floor unit or

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the lower level unit. It has three and a half baths. Instead of going for the first floor unit,

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which has ample space, we have like for the upper floor unit, you come up the front, you go up to

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the second floor, and that's also a bi-level unit. Again, you come into an open floor plan, you have

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a bedroom, you have a bath, and then you have on the third floor, the second floor of this bi-level

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unit, you have two additional bedrooms and two baths. So this is three bedrooms, three and a

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half baths. This is three bedrooms, three baths. And then you can see here just from the site plan,

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you know, our property in the rear is not going any deeper than the surrounding properties. And

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because of how these properties are situated on Edmond Street, there's a lot of space between

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these properties from a side yard perspective. And even though we're three feet, eight inches

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on this side, combined we're seven feet, six inches, which is, you know, combined almost

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the eight feet requirements that were required for each property oh and then

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in terms of the trash let me see if I thought I had a picture is it this one

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Yes. Right here is the shared trash area for both, for all four units, for all eight units.

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yes right here is to share a trash area for both

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Now, RCO meeting notices, proof of mailing of those notices are that follow, including proof of emailing of those notices that were mailed out.

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So we told, you know, the group and the relevant parties that we mailed out 79 notices for each property. These are the addresses that were given to us that we mailed them out to, proof of mailing to those addresses for both, you know, appeals. Like we didn't still rely on one appeal.

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even though that overlaps.

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Our applications for appeal that we filed on Ed Mears behalf for each

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along with the notice of refusal for each

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along with the project information for each.

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And then finally our certificate of tax clearance

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or deeds to the property showing that Ed Mears owns these properties.

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And then, again, he owns it in his personal name

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So he's taking true ownership of this. He's not hiding behind like any LLC here.

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So the people in the community know who he is. And then finally, our certificate of tax clearances.

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So while they shows a balance here, those those amounts are not due until March 31st of this year.

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Oops. And then that one, there's no money to actually at all.

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So with that being said, I would ask that Edmere virtually raise his hand, be sworn in.

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I have a few questions for him so he can adopt my testimony as his own,

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and then we'll answer any questions the board may have.

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And like I said, I have the architect online too,

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if you have any architectural questions.

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What's the name of your client?

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Edmire Bihari, B-E-H-A-R-I.

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Okay, he's been allowed to speak.

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Mr. Beharie, could you please state your name and spell for the stenographer?

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Admir?

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Hello?

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Hello?

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Yes, hello?

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Could you please state your name and spell for the stenographer?

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Yeah, my name is Admir Beharie.

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is A-D-M-I-R

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and last name is B-E-H-A-R-I.

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We're affirmed to tell the truth,

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the whole truth,

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and nothing but the truth.

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Yes.

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Please proceed, counsel.

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Yes, Amir,

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you heard everything

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you have to say today.

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Yes.

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And is it true and correct?

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Yes.

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And do you adopt this

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as your own test?

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Yes, sir.

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All right, great.

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If you could just unmute yourself,

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I mean, or mute yourself

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because there's old feedback,

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that would be great.

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Questions from the board. Yeah, I got a question on the porch. I'm looking at your your plans and you show a porch, but I'm trying to figure out how the egress wells relate in the basement to the porch because they don't show up on the plan or unless I'm missing something.

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OK, is Justin bright online? I can share my screen and then Justin can go through that.

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Justin

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hello

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could you please state your name and spell for the stenographer

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yes it's Justin Bright

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J-U-S-T-I-N

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B-R-I-G-H-T

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we're affirmed to tell the truth

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the whole truth is nothing but the truth

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yes

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please proceed council

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yeah Justin you heard

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board member John's question about

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the egress wells

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I'm going to try to get to the drawings and then do you know which one I can I should reference?

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