civus
Hearing video

ZBA Hearing - January 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 18, 20236h 45m

Our vice chair has just a few questions for you, okay?

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Okay.

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Good morning, counselor.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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council now she's she's the she's the owner she's not the lawyer oh yeah

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oh it's just me yeah yeah it's okay i'm like

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have you emailed all the exhibits that will cry for this hearing five days in advance of

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this hearing today i emailed them all the only thing the um support letter was just emailed

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yesterday because they just voted it on monday night okay yes no problem no problem um please

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proceed and share your screen

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green button at the bottom yeah

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Okay, that's the interior. Can you see this?

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okay that's the interior can you see this i can okay

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I can. Okay, that's the interior of the house.

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It is a three-story twin in East Mount Airy.

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It is where I grew up. And we acquired it

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from my father in 2015 when he moved into an

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apartment. These are just the bedrooms.

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Second floor

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hallway bathrooms dining room first floor bathroom kitchen

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um tv room living room um i have other things to share let's see do i need to here's the

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this is the exterior

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sorry they're in different box

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this is from the side it's on a corner it's on the corner of Boyer and Gowan

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And we're street and now an avenue.

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This is from the corner.

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There is a zoning notice posted on the kind of the side back with the letter of refusal

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and this is the front of the house.

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It's right on the sidewalk so people can see it.

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This is the letter of refusal for visitor accommodations.

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This is the letter to the near neighbors that I sent out.

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The RCO meeting information, this is the deed, I acquired it from my father, this is the

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application for HEAL. Sorry, it's okay with the check. That was important for me to get that on.

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Here is the meeting summary from the RCO of the support for the three-year variants.

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Here is their letter of kind of summing up the two meetings.

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The first one we had was on December 6th, where we had many near neighbors and the Board

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of East Mount Airy Neighbors on the meeting, most with support we had to just find out

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about the three-year proviso um and then when we found that out they rescheduled the meeting just

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for this past monday and we voted they voted on that to support the variance with the three-year

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proviso um i don't have anything else to share right now why don't why don't you so here's a

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question. How long have you been using this? So we acquired it in 2015 from my father. We started

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to use it in 2016 as an Airbnb with the Democratic National Convention coming into town. But we,

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our idea is to be able, since the house has been in my family for 50 years, the idea is to be able

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to um maintain it for use for our family as well um the extended family um so that's why we chose

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airbnb using as airbnb so we could block out times when we are able to use it like holidays

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or our own graduations or um celebrations um all of the money that we have earned and when we've

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taken losses as well the first couple years, have been put back into basically getting the

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house improved and maintained. So we've had all of the knob and tubeless, we had the whole place

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rewired, brought up to code with all that. We've had a lot of exterior work done. So the money we

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Um, so the money we make is basically just put right back into the house.

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make is basically just put right back into the house.

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Um, and we, um, only hosts, we only host like one group at a time, even though the house

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is large, we don't break up the rooms or anything like that.

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Um, and usually the people coming into town, our families coming in for weddings, celebrations,

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um, baby showers, uh, graduations.

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um so we are just looking to keep the same use as we are existing we're not looking to make any

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physical changes to the property or change anything about okay all right good questions

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from the board no mr chairman questions questions or comments from the virtual audience

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chair we have charles richardson good afternoon good morning mr richardson i thought we were in

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the afternoon already. You've already been sworn. Just state your name, please. Charles Richardson,

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Office of Councilwoman Cindy Bass, R-I-C-H-A-R-T-S-O-N. Councilwoman has no opposition

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to granting this variance as long as it has the three-year proviso. Thank you very much.

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Anyone else in the virtual audience? Yes, Chair. We have Natalia, last name ending with S as in Sam.

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

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I'm sorry, Chair. She has an older version of Zoom, so I'm going to have to promote her to a

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panelist to speak. Okay, fine. Hi, could you state your name, please, and spell for the court reporter?

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Sure. It's Natalia. It's N-A-T-A-L-I-A, last name Seriko, S-E-R-E-J-K-O.

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right do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes proceed i'm the executive director of east mount area neighbors who is the rco um for the

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area of the property and i just wanted to state that the uh community wasn't

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for in the variance as long as it had the provider for a year okay thank you so much

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for calling in. We appreciate it. Okay. Thank you. Is there anyone else in the virtual audience?

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I see no hands-on. Hi, Planning Commission. Thank you, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. Board members, the comprehensive plan recommends no

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change to the existing RSA to single-family zoning at this location. Again, for use variances,

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is we're looking for evidence that the variance is necessary to enable viable economic use of the

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property or unique physical conditions of the property. We don't believe that the appellant

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has shown either in this case, and so the City Planning Commission recommends that the board

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deny the variance. Thank you. MI 2022 004 561 100 East Gallon. I vote yes with proviso. Temporary

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variance expires 2-1-26. Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes

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with proviso. Thank you. Number 13.

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mi2022 006124 1453 north 4th street verne anastasio is the attorney

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letter of support from south kensington community partners

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good morning mr chair good morning could you state your name please and spell for the court

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reporter sure it's verne anastasio a-n-a-s-t-a-s-i-o 2016 spruce philadelphia 19103

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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 could you identify your client a relationship to this property yes my client i represent the

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lc pelosa who is the owner of the property in question okay our vice chair uh ismail shaheed

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has a few questions good morning council do you agree to wave the reading of the refusal

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good morning yes i do have you emailed all the requirement documents five days in advance of the

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um i did email all the required documents

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Thanks.

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We are looking at 1453 North 4th Street.

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This is the legalization of a non-conforming existing two-family dwelling, and it's one-use refusal.

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This is the legalization of a non-conforming to

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We have plants here, storage area in the basement.

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Then we have studio, living space, second floor unit.

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I'm sorry, unit two is on the third floor.

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as well this is it's a corner property directly across the street from two cmx ones

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uh and right behind it a ton of rm1 this property has been historically uh two units

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at for a very long time it was commercial on the first floor uh and an apartment above

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this property was marketed listed sold and presented as a two-family dwelling

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it has separate uh electric meters separate everything as you can see here separate

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entrances it's already two mailboxes on there my client purchased the property believing it to be

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in fact, illegal to family dwelling. Here's some interior photos.

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We did, in fact, meet with the RCO.

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164 individual households were mailed. And this is the flyer that went out.

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And as a result, South Kensington Community Partners offers a letter of support for the variance because of the decades of this property serving two units, either first as a commercial mixed residential use and then ultimately as a two-family dwelling because the property was listed, marketed, and sold as a two-family dwelling and presented it.

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itself is so, and because of the separate meters and utilities, I do respectfully request

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that the board grant this variance. With that, I ask Kelsey to raise her hand.

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

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So, her name is Kelsey Peliza, K-E-L-S-E-Y, last name P-E-L-O-Z-A.

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All right. 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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Proceed, counsel.

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Thank you. Kelsey, did you hear my presentation to the board this morning?

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Yes.

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Was it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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I have nothing further, Mr. Chair.

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All right. Questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair, we have Sloan Foulkes.

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Good morning, Mr. Foulkes.

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You've already been sworn.

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Just state your name, please.

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Sloan Foulkes, Office of Council Member T. Lozada,

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Room 3, 16 City Hall.

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The applicant, having met with the coordinating RCO,

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South Kensington Community Partnership,

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and receiving elitational support,

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the council member had no opposition

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to the various requests. Thank you. Thank you. Thank you for calling in. We appreciate it. Is

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there anyone else in the virtual audience? I see no hands, Chair. Hi, Planning. Thank you,

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Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing single-family zoning at this location.

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However, the proposed use is consistent with the physical configuration of the existing building,

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which has two separate entrances city planning commission recommends that the board grant the

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variance thank you mi 2022 006124 1453 north 4th street i vote yes thomas holloman my vote is yes

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james snell my vote is yes no shaheed my vote is yes thank you council yep thank you

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Number 14, MI-2022-001-059-1830 West Erie.

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Dofus Geraldino Sosa is the owner.

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Letter of support from 13th Ward RCO with proviso trash stored in rear.

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with provisional trash stored in rear?

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One moment, Chair.

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I'm trying to promote them to panelists.

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Okay.

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Sir, please unmute yourself.

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You're free to speak.

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Good morning, Chair.

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good morning everybody hi could you state your name and then spelled for the court reporter

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yes my name is dofis geraldino sosa d-o-f-i-s-g-e-r-l sorry g-e-r-a-l-d-i-n-o sosa s-o-s-a

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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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Yes, I do.

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This application is a multifamily household living, three dwelling units in an existing structure,

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whereas the proposed multifamily household living is prohibited in the RSA 5 zoning district.

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Our vice chair has a few questions for you, sir.

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Good morning. Have you emailed all the exhibits that were required to proceed with this case five days in advance of this hearing?

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Yes, I did. The only thing I sent on this past Monday was the last pages for my deed.

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That was the lady asked me to submit it in order to complete my exhibit, but I submit everything.

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Okay, thank you. Hillary, I believe we did receive that, right?

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Yes, we did. We're all set. Thank you.

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All right, thank you. Please proceed and share your screen.

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did you see that not yet did you hit this green button at the bottom oh hold hold let me see

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one second oh sure share screen okay let's see sure did you see it now yeah you're just

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going to have to hit on each one for us okay okay let me go first let me go back here to the

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let's see

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sorry give me a second

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okay that's what i said i already submit the last pages on my deed this is the email i sent let me

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go back uh no this is the application

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So I think, I think we have your forms, let's see what the property is.

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Yeah, yeah, please, I will appreciate it because I can't find over here.

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Pardon me?

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yeah did you have the the form well we're okay with the forms i want to see what it looks like

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the property oh okay let me just go back to here head over here the picture okay this is my property

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sorry i speak spanish and my english my second language so i'm gonna try to do the best i can

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and this is my let's see let me move this from here

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that's the front of the property right yeah that's the front of the property

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that's where you posted it yeah i posted it let me go yeah this is another the font

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as you can see these are the basically the front with the posters

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that's the side the house is in between you know that's the 19th street on the corner

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and that house right there also has a I spoke with the owner and they wait the one on my right

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and the one on my left they also has the the three apartment building zoning approval I speak with

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then and they say you know just submit it and pretty much this is the front of

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the house sorry I just made a lot of pictures this is the other side so you

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can see the sidewalk let me go back to the to the inside picture

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okay this is the inside picture let me go i send it like

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this is the inside picture let me go I send it like a lot of picture over here

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let me start from the first floor which is this one right here well I'm going to start with

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whatever picture come over here so you can see sorry for the unorganized pictures

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So pretty much this is the second floor. This is will be the kitchen with the open

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kitchen with the living room and dining room.

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This is the the hole that the hole for the from the back of the second floor.

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This is the stair in this side right here going down. This is the first let me just go over here.

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oh this is the back of the house as you can see there's the door in the back for the first floor

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and there's a little like i don't know how you can say that like a little porch or crampage

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right yeah and this is the third floor the third floor is not when the the day when the inspector

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