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Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

Oh, oh, yeah, yeah, yeah, yeah, yeah.

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Good morning, everyone. My name is Bill Bergman, and I will be chairing this meeting of the Philadelphia Zoning Board of Adjustment.

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With me is our Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Present, Mr. Chairman.

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Board Member, Taya Nguyen. She should be coming through the door any moment.

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and our board member ryan mcadams present mr chairman also present is our attorney hillary

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emerson our zoning board executive director ian haggerty and our board administrator lakeisha

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dandy recording in this hearing will be posted on the zba website by participating you consent

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to be recorded this is an in-person meeting with remote capabilities whether remote or in person

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if you're called to speak you must state and spell your name and then wait to be sworn in

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once you've been sworn in please state your name each time before beginning

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your testimony any person may enter their appearance to appear you can

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identify the case property address with your zoom webinar registration you can

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see a staff member or you can call the ZBA appearance line by the close of

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business tomorrow call two six seven two seven zero five five four eight leave a

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message that includes your email address and the address of the property of the

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appeal case. Following guidances for our remote attendees, when directed, you must raise your

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virtual hand in order to be recognized to speak. If you're called to testify, you'll be prompted

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to join as a panelist. Please accept the request and turn on your camera. The webinar Q&A is for

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questions about the hearing. Do not comment on cases in the Q&A. And finally, if you're participating

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by phone, press star nine to raise your hand and star six to unmute. For our in-person attendees,

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please refrain from talking, eating, or drinking during the hearings. Verbal and physical aggression

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will not be tolerated. Restrooms are across from the elevators. A water fountain is just outside

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the room to the right. When speaking on the record, you must speak directly into the microphone in

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order to be heard by all attendees and a court reporter. In the event of emergency, please follow

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the directions given over the public address system or by the staff the main exit is through

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the double doors at the rear of the room the nearest stairwell is to the left outside the

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doors in case of an evacuation the rally point is love park directly across art street please

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remain there so we can account for you let's look at our schedule for today

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number one mi 2025 003 579 918 east chelton avenue that case is continued to august 19 2026

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at 9 30 a.m 3 number 3 MI 20 25 0 0 3 5 9 4 9 17 East passion Avenue that cases

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continued to august 19th 2026 at 9 30 a.m number what's that oh i'm sorry i'm sorry number three

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is withdrawn so that's mi 2026 2025 003 594 917 east paschenk avenue case has been withdrawn number

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four mi 2025 003 596 45 56 wayne avenue that case is continued to august 19th 2026 at 9 30 a.m

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number five mi 2025 003 639 843 north 42nd street that case is continued to august 19 2026 at 9 30 a.m

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let's see here that was 42nd street

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number six mi2025 004 782 6021 delancey street uh at the pen properties is the current owner is

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At the Penn Properties is the current owner. Is anyone in the audience from that group?

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anyone in the room.

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No hands at this time, Chair.

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Okay, so MI 2025-004-782-6021 Delancey Street. That case is continued until August 19, 2026 at 930. Mark must be heard.

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And Mr. Chair, I just want to note for the record, we believe the applicant needs to retain an attorney for this matter, and we are also missing some required documents.

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Thank you very much.

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Next one is number 10.

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Let's see.

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Number 10, MI2025-006251, 4420 North 15th Street.

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Cases continue to August 19th, 2026 at 9.30 a.m.

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number 13

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number 13 mi 2025 006 391 210 higby street this case has been withdrawn

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number 16

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MI 2026-001-699-109 Hilltop Road. This case has been continued to August 19th, 2026 at 9.30 a.m.

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Number 17, MI 2026-001-701-109 Hilltop Road, this case is also being continued to August 19th, 2026.

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And number two.

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Number two.

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Number two, MI 2025, 003-588-5720 Marvine Street, Valerie Crawford is the owner-applicant.

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Is Valerie Crawford in the audience?

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it's valerie clorford in the audience

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no hands at this time chair okay so this case will be continued until

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august 19 2026 at 9 30 a.m and this mark must be heard

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is there any other requests for continuances

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no hands at this time okay we're going to go to our add-on list number one

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twenty twenty five zero zero seven one nine five six one three four rear to 46 wayne avenue

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let's see here

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I vote yes, appeal granted, permit extended to 4-7-27.

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Michael Johns, my vote is yes, appeal granted with proviso.

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Cheryl Gaston, my vote is appeal granted with proviso.

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Tenetta Graham, my vote is appeal granted with Proviso.

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I'm McAdams, my vote is appeal granted with Proviso.

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Number two, MI 2025 004184, 1720 68th Avenue.

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I vote yes with Proviso. Interior trash storage.

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Michael Johns, 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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Ryan McAdams, my vote is yes, with Proviso.

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And our Vice Chair will handle the next add-on.

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Okay, thank you, Chair.

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M-I-2025-006299, 1401 East Sheltonham Avenue, my vote is yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ryan McAdams, excuse me, Ryan McAdams, my vote is yes.

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Okay, here we go.

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We're going to go to our regular list.

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Number seven.

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Number seven.

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MI 2025 0061733545 North 11th Street. Joseph console is the attorney.

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They're being promoted to panel.

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We do number 1.

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We continue that.

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Hi, Mr. console. Could you please state your name is bell for this.

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Yes, Joseph console. It's last name console.

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All right, Joe, you're a little hard to hear you.

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could you state your name one more time joe we had a hard time hearing it

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joseph console is that better you go joseph last name console c-o-n-s-o-l-e do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do would you identify

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your client a relationship to the property yeah um the individual's name is kirk wechter and his

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uh company is k and k acquisition holdings llc the owner of the property right and we also have a

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letter of support with provisos from nicetown tioga and a letter non-opposition from council

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member young our vice chair has a few questions good morning um have you submitted your documents

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and exhibits five days in advance of this hearing i have okay and do you waive the read and other

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issues or stipulate to its accuracy i do i think you can share your screen and proceed with your

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case all right my screen is shared uh we're before you regarding the property at 35 45 north 11th

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street that's an exterior photo of of it uh this property is currently located in rsa5 residential

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district we are respectfully requesting a use permit for four dwelling units

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currently the city recognizes this property as a legal three unit building

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however we're seeking to legalize a fourth unit that has been in existence as

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as far back as at least 70 years per the records of of the city we have

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overwhelming community support we submitted the RCO letter as well as a

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petition with a lot of signatures regarding this the folks approval of

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this property so there's no interior exterior expansion to the building we're

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proposing four dwelling units and I'll go through the photos in a minute the

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The first floor is two bedroom, one bath unit.

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Second floor has two units, two front and two rear.

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Each of those is one bedroom, one bath.

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And then the third floor is a one bedroom, one bath unit.

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As I mentioned, if you go through the historical data, and I anticipate the city attorney asking

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me to upload this because I don't think that I did.

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But if you go back in time, as far back as 1963, you have an owner requesting four-unit approval, stating that when they purchased the property in 1956, it was a four-unit property.

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And then going forward in time, you have instances of it being noted as a four-unit building several times between 1963 and 2005.

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So we're talking 70 years of these four units existing in this property.

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so we're not cramming something in there that has not been approved um so second to that the uh

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neighboring properties uh literally the property right next door is approved for four units granted

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they allowed their license to lapse but this is the direct neighbor and then i was able to find

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three doors down or so another again they allowed it to lapse in 2015 but i have four unit property

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again these are all identical in size back to mine this is our refusal

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it's photos of our posters

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you'll see the interior renovations that might

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You'll see the interior renovations that my client is working on now, the property is

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not occupied, I'll show you all the units in a second, it's a proof of mailing, it's

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our petition, and at the RCO they audited all these signatures and they were happy

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with them application information form tax clearance certificate there's our

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letter of support from Nicetown Tioga I'll start with unit one on the first

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floor go to the top sorry for scrolling it's gonna give you all the interior

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photos you can see the work that my clients doing on this property

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This is unit one, it's the entryway, another photo of the entryway.

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Going up to the second floor, I'll start with two rear, kind of got a blue vibe going there.

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to front

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and then finally unit 3

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let's zoom in a little bit

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give you an idea of

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the kind of TLC

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he's putting into this property. That's the four the four units. Here is the floor plan.

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It's the first first floor layout as mentioned.

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i said two bedroom but it looks like it's a bedroom in a living room my client can confirm

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this might just be a single bedroom with a large living room

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second floor two front two rear two one bedrooms

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and then third floor one bedroom one bath

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again i can go back and

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focus on any of these but the the goal is to is to legalize these we have good neighborhood support

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and um yeah as you can see my clients committed to creating a good product for this neighborhood

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um with that i'll call them will your correct if you could raise your hand

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They're being promoted to panelist.

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Thank you.

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Hi.

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Do you need my camera on?

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Yeah, why don't you put your camera on, sir?

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Your video.

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

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sure kirk wechter k-i-r-k w-a-e-c-h-t-e-r do you swear or affirm to tell the truth the whole

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truth nothing but the truth i do counsel good morning kirk uh did you hear my testimony just

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now regarding your property on north 11th i did do you adopt it as your own i do all right

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regarding the provisos from the uh nice town tayoga uh do you intend to um keep the i'm not

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these are not enforceable but uh they they stated keep rents affordable and uh accepting if if

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necessary section 8 vouchers absolutely okay um is there anything else you'd like to add

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no not really okay joe joe you see the ones that we believe are enforceable interior trash

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doors no household living in a basement do you agree to those as well kirk absolutely questions

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from the board questions from the board can you go back to the second floor yeah you want the plan

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or the photos the plan they did not label it and kirk's here to help explain it to you they

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label unit 2r and 2f on here so this is two separate units yes correct could you explain

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yes correct could you explain how that how it works yep um so on the left hand side you'll see

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how that how it works yep um so on the left

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the stairs coming up from the first floor you would make an immediate right into the unit

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to uh 2f there's a door there kitchen through the there's a kitchen marked kitchen correct

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and this actually has two egresses so you'll see from the bedroom you can actually have an egress

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AS WELL TO THE COMMON AREA. BUT THEN THE KITCHEN FLOWS INTO THE BEDROOM AND BATHROOM AND SO FORTH.

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OKAY. I THINK I MEAN JUST GENERALLY I THINK I'LL SAY SOME OF THESE LAYOUTS ARE INTERESTING.

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I WOULD REVISIT THE FIRST FLOOR FOR SURE. I THINK YOU HAVE A LOT OF INSTANCES WHERE PEOPLE ARE WALKING THROUGH A BEDROOM

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to get to a common area, and I think it's what's making it a little confusing to read the plans.

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And then I have a question about trash storage for the units.

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Proviso says trash storage has to be inside.

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It does, but there's no place to put them, so that's sort of the question.

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So the basement is huge and is being built out with storage bins for each tenant.

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Also, trash bins, and what we discussed in the neighborhood meeting, kind of in detail about this, is creating a storage bin in the basement for the tenant's trash, and at the appropriate time, having that trash taken out to the street.

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Like a trash room.

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Yeah, exactly.

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Does the basement have, like, walkout access to the street, or would the tenants be expected to carry these bins up the stairs?

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Yeah, there's so if you look at maybe the first floor, can we go to the, what you call

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it?

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Yeah.

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The plans.

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Yeah.

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Okay.

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That's first floor.

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Okay.

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So that stairway that you see that goes up, but also goes down into the basement.

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That's where it's accessible.

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And it's actually wide open so that all tenants can carry their laundry downstairs and carry the trash upstairs or down.

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