civus
Hearing video

ZBA Hearing - March 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 5, 20258h 36m

y ellos nos recomiendan cambio al plan residencial RCA-5.

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The city rezoned this neighborhood in 1982.

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The front porch matches the character of several other homes on this block.

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Así que el porche de al frente es igual a diferentes porches en este bloque.

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However, this is a primarily single-family block face.

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Pero esto es primariamente un área de familias, de solamente una familia.

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The City Planning Commission recommends that the board grant the requested dimensional variance for the front porch.

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Así que el Comité de Planeo de la Ciudad le pide que den este permiso para estas variaciones.

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But deny the request for a second dwelling unit.

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pero negar el permiso para una segunda unidad de domicilio

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thank you mi 2024-005-763-221 west loudon street i vote yes

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charles gaston my vote is no

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tennetta graham my vote is no

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tyoan my vote is yes

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so we'll hold this to uh good yes so um since since the votes are tied we will have the other

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members of the board review the video and we will vote on this matter i will currently schedule it

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for next week at 2 p.m okay next week at 2 p.m we'll give you the results of the meeting okay

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You don't have to call me, you can listen.

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Okay. Thank you. Interpreter, thank you very much for your help.

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Thank you for using the service.

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We're going to move to number eight. MI 2024-006-101, 1912 East Cumberland Street.

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Jamie Gukas and Alexandra Rod Rieger are the owner applicants.

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letter of support from East Kensington

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Neighbors Association

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a vote with 18

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in support for or opposed

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a letter of non-opposition

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from Council Member

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Squill

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Mr. Chair

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I have a handout from an end of file

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director

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I'm going to allow them to speak briefly

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hello can you hear me ken could you please state your name and spell for the court stenographer

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yes jamie gugas j-a-y-m-e last name g-u-o-k-a-s right do you swear or affirm to tell the truth

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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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the whole truth and nothing but the truth yes

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yes i do could you turn your video one please i'll have to promote into panelists uh mr

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and mr chair after we hear this case if we could move to number 15 that would be great thank you

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please back in as a panelist mr chair well i guess i'm over here

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okay hi hi um do you swear if you did i swear you in do you swear for him to tell the truth

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the whole truth nothing but i think you did it i do yeah sure thank you um this application

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is for use as a visitor accommodation and is this thing structure the proposed use

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visitor accommodation is prohibited in the rsa 5 zoning district um is this for both units

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it is yes okay why don't you start your presentation and share your screen

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okay how do i share a screen all right my wife is helping me with this thank you

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you're coming up sir okay um well i'm hoping you could see our presentation

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um this is a rental property that we've had for many years 1912 east cumberland street

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and um we would like permission to use it as a visitor accommodation

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and i'd like to show you some slides there we go this is the facade the building

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rear yard the interior

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um i renovated about eight years ago

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I live on the block and we've been using this as a rental property. And like I said,

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we'd like to use it as a visitor accommodation. We have the support of our neighborhood

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and all of our neighbors. Here's the posted zoning notice.

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the deed

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and I could return to these if you need

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tax clearance

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reasons for our appeal

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refusal notice

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and a letter

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of support from our neighborhood

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association

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have you been using it as a visitor

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accommodation

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We did previously until that was no longer allowed, so not for the past two or three years.

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All right. Thank you. Questions from the board?

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Can you explain the delineation between the two units?

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Sure. The first unit is the entire first floor of the building. There's a sort of entry vestibule.

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The second unit has a separate entrance. I can show you the facade.

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and that has stairs up to the floors two and three.

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So this is an entry hall that accesses both units.

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Okay, so there's one.

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If I go up those stairs, there's a door to the right,

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and then there's a door that goes straight through.

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Yes, exactly.

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Okay.

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And then for the structure in the backyard,

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is that a garage or a...

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Sure.

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Sure. No, this is just the rear of the house. The building has a duplex variance that's historical. It's been used as a duplex legally since the 50s or 60s, I believe.

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And then there's no access at the rear of your yard to a shared alleyway.

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Like we're standing at the property line, looking at the rear of the house in this image.

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well there is an easement uh there's a sort of easement that's kind of overgrown but um yeah

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the yard is available to the first floor unit only okay and then the second floor unit looks

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like they have access to uh like a deck yes that's correct yeah there's a deck and

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other questions from the board

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questions or comments from our attorney hillary emerson not at this time mr chair

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Questions or comments from the virtual audience?

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i do not see any hands raised for this matter mr chair planning commission

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I do not see any hands raised for this matter, Mr. Chair.

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

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the city rezoned east kensington in 2016 in accord with

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recommendations in the comprehensive plan. A 2020 zoning ordinance passed by City Council,

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which regulated short-term rentals to not change the basic rule prohibiting full-time use of a

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dwelling unit as a short-term rental. This type of absentee management, where the owner does not live

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in the unit, has been illegal since the first short-term rental zoning regulations became

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effective in 2015. What's changed since the passage of the 2020 ordinance is that there is now a

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licensing and enforcement mechanism um city planning commission recommends the board deny

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the request to use variants for visitor accommodation thank you mi 2024 006 101 1912

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east cumberland street i vote yes with proviso temporary variance that'll expire 4-1-28

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Cheryl Gaston, my vote is yes with Proviso.

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Teneda Graham, my vote is yes with Proviso.

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Iowyn, my vote is yes with Proviso.

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Thank you, sir. Thank you, sir. You have your votes.

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Oh, thank you.

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Okay.

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number 15 mi 2024 007 280 2538 east ontario street al knockamson is the attorney

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unanimous support from port richmond on patrol 32 votes in support applicant also provided

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a petition of support

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13 signatures, 7 from the block

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and also the applicant is providing

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4 letters of support from the neighbors

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Mr. Goldberg

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could you please state your name as spelled for the

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court's demographer

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Alex Goldberg, A-L-E-X-G-O-L-D-B-E-R-G

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do you swear or affirm to tell the truth

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the whole truth and nothing but the truth

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do

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do you agree to the waiving

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of the reading of the refusal and do you agree with its accuracy i do um share your screen and

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start your presentation could you identify your client sure my client relationship to this

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property my client is donna ray lee she should be in the virtual audience she's the owner of the

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property. Thank you. Okay, so this application seeks to legalize an existing duplex. This

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property has been in Donna Ray's family since the 1940s. Her grandparents purchased it around 1940

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and operated it as a candy store on the first floor and an apartment above. In 1970, her grandfather

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passed away and the candy store was converted into an apartment since that time it was passed

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down to her father and it was then passed down to donna ray in 2022 at which point she inherited

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two residential tenants both single um older gentlemen uh that have been living there for

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four and ten years respectively you'll see that in the photos they're happy to be there they'd

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like to be able to stay um and and donna ray she inherited or she acquired several properties from

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her father and and she's sort of going through the process of legalizing the ones that need to

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be legalized and and sort of cleaning up the paperwork we're not doing this in response to

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any violations her tenants are happy uh we just like to get the sort of uh you know the permitting

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and licensing all straightened out um as you said we got unanimous support from port richmond on

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patrol. RCO is 32 to zero, I believe. And they understood the situation. There's two front doors

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there. So it looks like a multifamily. They each have washers and dryers. There's trash storage for

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each of them and nice units for them to be able to live in. We do have this one refusal for

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multifamily living because it is an RSA 5 property. Here's that letter of support from

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pro pack you can see down here um 32 to zero in support

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donna ray circulated a petition to her neighbors she got i believe nine signatures from from uh

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the 2500 block of east ontario as well as uh some others people i think mostly just um you know i

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think we're just a bit confused because for the majority of all of their you know their time

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living there even the long-term residents this has operated as a two-family dwelling

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this has operated as a two-family dwelling it's listed online as a multi-family property it's

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it's listed on

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recognized that way by pico she's paying multiple electric bills the water is separated as well and

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you'll see that in the photos the zoning map of the property it is rsa5 across from cmx1 to one

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one property across the street is a firehouse we're caddy cornered from an 18 unit apartment

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building so there's a mix of uses here and again we are the corner of this block there's a google

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maps perspective here's some photographs so this is the front you can see the two doors here it is

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in 2007 as far back as i could go on google maps um you know significant amount of time ago really

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no change other than the color of the paint here it is from the side of the property there's a rear

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yard back there where the trash for unit one is stored um here it is again 2007 posting photos

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on each street frontage on belgrade and east ontario two hot water heaters existing again

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she got this property from her father in 22 so there's your hot water heaters and there's your

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two electric meters there's only two because there's no common space uh for you know needed

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for a third meter because we have two entry points there's no shared vestibule or anything

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like that there's east ontario to the right and the left there's the firehouse that you can see

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on the left side of the page and then uh on belgrade to the right and there's your 18 unit

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apartment building that you can see on the left and then a commercial unit use on the right

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and then to the left of the property on belgrade interior photographs uh you know clearly you know

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lived in units um two gentlemen each separately in their own unit

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both one bed one bath apartments see that on the illustrative floor plans

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um so the upper unit is the yellowish one that enters on the left side on that left door

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goes directly up the stairs and you can see bedroom a bathroom and a living space and then

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the door on the right on the first floor gives access to the first floor unit which does have

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access to the basement which is unfinished just you there's no living down there no need for us

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to have a living down there and we would agree to that there's a washer and dryer down there

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and utilities as well the upstairs unit has has their own washer and dryer

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here's the rco meeting notice we met with the rco on february 3rd at 6 p.m it was an in-person

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meeting columbia social club we emailed the notice out as required and and 114 properties

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were notified here's the list of addresses the mailing certificates application for appeal

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So, deed to the property, Rainer is Donna Ray's father, and the tax clearance, there

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is a balance, but that's not due until the end of the month.

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I'd like to, at this point, call my client to adopt my testimony.

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Thank you.

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I've been allowed to speak.

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

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My name is Donna Rae Lee, D-O-N-N-A-R-A-E-L-E-E.

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You swear or firm to tell the truth, the whole truth is nothing but the truth?

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Yes, sir.

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Could you please turn on your video?

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Oh.

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Uh-oh.

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Excuse me, Mr. Chair.

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I wanted them to provide us.

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They'll be back in shortly.

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Okay.

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I believe if you're still available,

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please accept the invitation to become a panelist donna you have an invitation that could become a

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panelist

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donna

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hold on mr chair

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um

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Donna?

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She should be aware of control, Mr. Chair.

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I just mess up to you.

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