civus
Hearing video

ZBA Hearing - November 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Nov 5, 20256h 5m

Yes, a bay can accommodate actually about three cars.

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Okay.

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And what's the depth, do you know, off the top of your head?

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No, I don't know off the top of my head.

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But you can definitely get three cars in each bay.

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Okay.

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And with the doors closed?

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Yes.

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Okay.

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I have a question.

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So this is all one business?

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Yes, yes.

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And are the bays, do he rent the bays out for storage, vehicle storage for some folks?

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My understanding, previously, all of these bays had different tents that were rented.

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When Mr. Cook purchased it, he began to use them.

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Some of them were rented, and he used the balance of them for his business.

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So the ones that he rents out, does he have any kind of policy for them not to park on the pavement?

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Mr. Cook?

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Or signage or something like that for them?

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Yes, Mr. Cook, there's two parts to the question. I guess one, is your business occupying all bays? And if you're leasing some of them, do you have some instructions for people who you rent to relating to parking on the street?

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Mr. Cook?

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Yes, can you hear me now?

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Yes.

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You can now, sir.

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Oh, I'm sorry. Yes, yes, there would be no parking on the street because I know I'm already getting pushed back from the neighbors.

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So I don't I definitely don't want anything else to interfere.

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That would include the sidewalk, too. It's the sidewalk.

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And yeah, no, no, definitely no parking on the sidewalk.

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OK. And the other question was, are you is your business occupying all of the bays at this time or will you know?

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OK, you will. You have some of these that are rented to others.

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yes you mean like now is it i don't understand the question well and again the question was

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they want to know if there's a single business operating the property and you've said no to that

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so there's some bays you still rent to others is that's is that correct for storage for storage

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only and for those bays have you or have you produced any instructions to those tenants how

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to not park in front of their

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bay or on the sidewalk in front of their

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bay? Yes.

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Okay, so they have

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that from you? Yes.

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And how will that be enforced

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by you?

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Verbally.

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I'll go and check

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to make sure that they're not

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following the rules.

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Okay, and if they

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are, would that be an infraction

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of the lease that you have with them?

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Yes, it's definitely cause for termination

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of the lease.

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Other questions?

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Yes, okay.

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I'm

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asking questions

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about the spray

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painting, is it?

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So we have

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you have a

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ventilation system for this?

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I'll be getting

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one installed.

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Okay, so

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So you're doing, it says personal vehicle repair, but you're also doing body, fender, and spray painting as part of this?

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Light body, no painting.

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Light body.

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Yeah, yeah.

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I thought you're asking for paint.

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Yes.

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Do you mean now?

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don't like no i'm talking about your plan here you're oh yes the plan yes the plan is to have

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painting yes okay so do you have like uh you're planning to have paint booths how are you planning

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to to do this is that what that is in this space here that you're pointing out on the plan is for

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painting yes a paint booth yeah a paint booth okay so that means you have to have um exhaust system

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uh yes and then there's the question about um hazardous waste um

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removal how are you handling that uh it's a company called safety clean

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that that handles the waste removal right and usually for um these paint booths you have to

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have a certain fire reading um have you looked into that is that part of what you're planning

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to do here yes okay all right you're saying yes but you're my my question is more um have you looked

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um have you looked into all the parts of this painting yes it's companies that come out and

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into all the parts of this

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when they when they build the paint booth they build the fire uh system with it like it comes

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installed with it so it's not like you can just get a paint booth without the uh the fire uh system

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it's already installed in it so i definitely done my due diligence on that all right and then i guess

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I'm trying to figure out okay so um from this plan from what I'm understanding was discussed

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before there's this parking lot that's over to the right hand side is that

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and then people would come in they they would park the car and then come into an office say

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to I guess check the car in and say what kind of services that they're going to have

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And then there's no entrances here into these different parts of this, other than from this area, or where are the other entrances to these garages or whatever you want to call them, or this part of the building, the bays?

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Well, the two entrances, can you make this screen bigger?

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Yes.

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The two entrances here, I believe, the top side of the triangle or the bottom of the garage?

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The bottom part.

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So why don't you show where the office is and how you would get to the office, I think.

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Okay.

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No, I'm talking about just getting into the base themselves because I'm not seeing how you.

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yeah the bays only have roll up roll up uh garage door in front of each bay that's the

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but there's to your point um there's no there's no pathway from the other side the back side of

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the bays to the main area they walking around they have to walk around ah okay all right at

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least at this point the way because it's a solid wall there gotcha okay all right thank you other

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the questions questions for our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience chair we have charles richardson with his hands raised

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he's allowed to speak good morning mr richardson good morning mr chair and board

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hi could you please state your name and spell for the stenographer charles richardson r-i-c-h-a-r-d

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S.O.N. Office of Councilwoman Cindy Bass Room 508 City Hall. You swear or affirm to tell the

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truth the whole truth nothing but the truth. I do. Please proceed. I am aware that the second

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meeting did take place with regard to this property. The first one there was some contention

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because of the fact that there was the as Sherman had alluded to there was a illegal use going on

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inside the property at the

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time. There was a second meeting that took

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place this year on

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September the 16th and

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this is according to and I'm reading

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from Regina

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the

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RCO chair that the second

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meeting took place and

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she said that she sent

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out a letter. I don't

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know why it never reached you guys but

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she sent a letter of approval and that

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But the people that attended the meeting did approve of the granting the variance for this property.

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So we'll stand in non-opposition.

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You're standing in?

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Non-opposition.

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Oh, thank you very much.

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Thank you much.

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Is there anyone else in the audience?

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Hi, Chair.

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We have Adrian Fernandez with their hand raised.

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They're allowed to speak.

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Okay.

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adrian

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chair the hand just went down okay thank you um anyone else

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planning commission thank you chairman and good afternoon david vecto with the city planning

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commission the comprehensive plan recommends no change to the rsa5 residential single family

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zoning at this location the city rezoned this neighborhood in 2006 and a community requested

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map change at that time this property was zoned c2 today's commercial cmx2 commercial mixed use

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even if the property zoning had not changed cmx2 would still not allow the proposed use

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cmx2 would still not allow the proposed use this property has received several violations for an

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This property has received several violations.

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unlicensed auto repair and for exterior sanitation the city planning commission recommends the board

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grant a proposed use variance for personal vehicle repair maintenance but deny the use

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variance for a paint finishing shop due to its proximity to the row homes across the street

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um i'm going to hold this two weeks and we'll come back on a wednesday and vote on this at

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9 30 a.m okay thank you chair i'm sorry to interrupt we had that hand go back up from

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the call-in listener if the case is over she'll you know we we're not going to take a call now

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I mean, the case is done.

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Reschedule for two weeks, and we'll come back and we'll vote.

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Thank you, Mr. Chair.

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Thank you.

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Hillary, we break at what, 1230?

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We break at 1230 or what?

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We cannot go past 1 o'clock.

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Okay.

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So I think we have three more matters.

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Right.

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All right, let me go with number eight.

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MI-2025-000-393-5339 Wayne Avenue.

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Vern Anastasio is the attorney.

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Let's see here.

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There's unanimous support from the 12th Board Democratic Committee, 15 total votes, and a letter of opposition from Solo Germantown, but the letter of opposition contains provisos.

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They're being promoted to panelists, Chair.

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Okay.

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afternoon mr chair council could you please state your name and spell for the sonographer

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yep it's verne anastasio a-n-a-s-t-a-s-i-o on behalf of mr wilkins hatton all right do you

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swear or firm to tell the truth the whole truth nothing but the truth i do our vice chair has a

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few questions. Good afternoon. Have you submitted your documents five days

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in advance of this hearing? Good afternoon. Yes, I did. And do

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you waive the reading of the vizuzo and stipulate to its accuracy? I do.

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Okay, thank you. You can proceed. Thank you.

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To chair and members of the board, this is

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5339 Wayne Avenue, and

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And it, let me do this here.

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Application is for six units.

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It's legalizing pre-existing use.

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Submitted in my 66-page exhibit packet that I'm moving into evidence is a very long history of zoning for this property.

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That shows this as multifamily, which is why the coordinating RCO gave unanimous support, as everybody knows this, to be a six-family dwelling.

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There was a six-unit rental license.

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It's been outfitted, according to the International Building Code, for a six-family dwelling.

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and anyway so let's get to

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the interior so you can see

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what we're talking about. Apartment

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number one is this efficiency

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apartment right here.

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There's a

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main hall

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and it takes you to the back which is

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apartment

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two which is a one bedroom.

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Going up

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the stairs to the second floor

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you're going to be in a

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main hallway here.

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You've got one unit here.

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Second floor.

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And you've got another efficiency in the front

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where my cursor is.

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And you have the identical layout at the top floor.

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Another efficiency up front.

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And a one-bedroom apartment.

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