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Hearing video

ZBA Hearing - October 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 11, 20235h 37m

the notice of appeal here's a refusal it's owned as an rs a residential a5 and which has a

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prohibition for a personal vehicle repair or maintenance shop in the area um i think when

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this was filed initially somewhere in the filing documentation it indicated that the previous owner

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had been using it for the same purposes, i.e. that of a garage for maintenance and service

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of vehicles.

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And at the RCO meeting, one of the members of the RCO pointed out that she believes that

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this property location was already zoned for this use.

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However, it just, for whatever reasons, didn't make it into the record, into the file that

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maybe even kept by L&I. So it was previously used for the same purposes that my client is using at

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this time. Since he's taken over the property, he has put on a fresh coat of paint. It was somewhat

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of an eyesore, and he certainly has removed bush and just made it certainly attractive for the

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the commercial purposes that he's using as i go through this i could just scroll down

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here or this is the deed of the property

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being purchased back in july of 2022 here's mr torres's name

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This company that he is operating under is a limited liability corporation and there's two tax clearance certificates for both. Here's the one for Mr. Torres. What follows is the one for Monsignor Auto Shop, LLC.

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his company that he is operating under is a limited liability

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see um here is the rco meeting and i will show you briefly here's a certificate of bulk mailing

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let me just reduce this a bit i believe there's about 147 or 46 different addresses that this

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that the notices were sent to we did meet with the rco i've read their letter and their letter

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of acceptance and approval

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pretty much encapsulates everything

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but I don't think it could be said

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better

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here's a drawing

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simply and I know some of the

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board members are using

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their phones so I'll try to make this

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a little bit bigger but this is just

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for purposes of

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the plot plan you've got

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Ontario on one

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side you've got Rower Street and adjacent

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properties next to each other

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let me just

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reduce this and of course here's a zodimap in the location what i would point out there's another

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this property here i think the next drawing will show it it's also a commercial mixed use

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i believe that we have here of course this is our client's property or my client's property

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now as you can tell i wish i had some of the older photographs but

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um since taking possession of this property uh mr torres has repainted

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made it somewhat nicer looking for what it what its actual purpose is

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uh this is by the way looking for roer street um i could just get a

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yeah here's here's about here's on i believe this is ontario but not ontario's over here i'm sorry

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but here's a better overall look he's also installed as you can see here outside lighting

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um here's another one of the outside lights uh for the property if i could just keep scrolling

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down again you can see evidence of of his maintenance once he he assumed possession

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of the property here's the interior garage holding areas where the repair and maintenance work is

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done. By the way, there's not going to be any painting or any auto body type work done at this

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location. Again, these are the interiors. They installed a roll down door for safety purposes

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in the area. Here are the notices that were posted

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for the zoning hearing. Excuse me.

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Scroll down. Here's one of the doorways for access

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to the garage. I said before this, and here's the

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waiting area, as you can see. Mr. Torres

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certainly made some improvements to the area with the new

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flooring, drywall, painting.

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let me see if I can get down

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I can't believe that's pretty much it

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for whatever reason I may have passed it

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but the letter from the RCO

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and their approval which I know is part of the record

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if I may just paraphrase it

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They're all they were all in favor of this simply because the property prior to my client's possession was a nice or the RCO was somewhat happy that not only was it now being used and in possession of my client, but they like the fact of the improvements that were made and that this would be a property.

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It was no longer, I don't want to say abandoned, but certainly no one was using the property at the time.

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Now it's in four years and it's going to be an income producing property, not only for the client, but certainly for the tax revenues for the city.

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And the RCO has already also commented that the prospect of employment by local members of the community is something also that they find positive.

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do you want to bring your client on and adopt your testimony

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certainly Mr. Torres are you on the phone

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Mr. Torres

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let me just

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let me just did we see a hint no hand share let me just tell them

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did we see a hand

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no hands

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mr taurus you're free to speak please

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

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mr torres he's unmuted chair mr torres could you state your name please and spell for the court

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stenographer mr garcia you're an officer of the court we will accept your testimony

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thank you questions questions from the board

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no chair

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questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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there are no hands mr chair planning commission uh ron bednar city planning

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uh while this property is currently indicated for residential use on the city plan given the

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documented use history and its official condition on the site recommend the quest of variance be

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um mi 2023 000 111 3401 royal street i vote yes thomas holliman my vote is yes

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James Snell, my vote is yes

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Mr. Shahid, my vote is yes

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Thank you, counsel

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Thank you, Mr. Bergman

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and I wish everybody a good rest of the day

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All right, thank you

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So number seven, MI 2022

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006001

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5408 Chestnut Street

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Letter of strong support from the West Philadelphia Economic

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Development Council. Councilman Gauthier has taken a position also of support.

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Applicant has also provided letters of support from the Philadelphia United

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Democratic Ward Leaders of Color and the Democratic County Executive Committee.

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Amanda Davidson is the attorney for the owner.

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They're backing as a panelist, sir.

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Okay.

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Good afternoon, Mr. Chairman.

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Could you state your name, please, and spell for the court sonographer?

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Yes, my name is Amanda Davidson, A-M-A-N-D-A Davidson, D-A-V-I-D-S-O-N.

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

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I do.

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Could you identify your client, the relationship to this property?

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Yes, I represent Mr. James Smith, who is sitting here with me, and in addition, the contractor who filed his appeal for him.

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Okay. Our Vice Chair has just a few questions.

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Thank you.

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Good morning, Counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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

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I have.

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Thank you. Please proceed and share your screen.

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Thank you. And I have an assistant helping me with that, since I'm not very good at it.

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So can everyone see this is the rear of my client's property where we are requesting

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a variance so that my client, who is legally blind, can build a weather security enclosure

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so that he can go out his back door, which you see that comes from his dining room and

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has some steps that go down and walk out and go down into his basement where he can do his laundry

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and where his utilities are located. As it stands now, whenever he goes outside, he has to be

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outdoors in the elements. He has to turn his back to open up the entrance to the basement.

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And when he does that, he feels extremely vulnerable because he is elderly, because he is

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blind and because in the neighborhood there has been shots fired on on that alleyway in his

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backyard. He's even had a bullet go through his kitchen window while he had family sitting in the

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kitchen window while he had family sitting in the room. He is in a neighborhood where he is

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room. He is in a neighborhood.

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feeling very vulnerable, particularly for the reasons I just stated. So he went to see a

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contractor who had designed a shelter so that my client would be able to walk out his steps

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and open up his entry to the basement and go downstairs and be safe from all the things I

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just mentioned. I have him sitting here with me today, and I also have all the documents if you

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need me to go through them. But it's a, it's a variance. It's really a humanitarian request

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that there's just a slight difference in how much of the rear is being used up so that he can have

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this sense of safety in his own backyard. He's lived in the building for seven years. He's owned

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the building for 20 years. He is very active in his community. We had the meeting. Everybody was

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so supportive of my client being able to have this shelter for the purposes of safety. And

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we didn't have anyone at the meeting object to this. In fact, they wanted him

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to be able to build this shelter. I also had- Counsel, could you show us what the shelter

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would look like? Yes, I have the documents. Let me just switch over. And I also, I can call the

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contractor who's been waiting patiently since 9 30 um on the telephone who could describe um some

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technicalities probably better than myself but just well just show us what you have first absolutely

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yeah just give me one second we're switching over

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Sorry, we'll have it up in a minute.

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Okay, sure.

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Okay.

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I think I can do it.

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Is it the first or the second or the third thing?

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The third.

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Yeah.

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Okay.

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Zoning application.

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The third thing that we've put on.

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Is that it?

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Okay.

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Oh, yeah.

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I think we have everything now.

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It's good.

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Okay.

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I know he wants a photograph what we just sent, the whole packet that we just uploaded.

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Just go to desktop. I'm sorry. Just take one more second. I'm so sorry. Court's indulgent.

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It's fine. Go to the top thing that we put up on today. That was the picture. And then what else?

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We're having a little trouble getting the picture up right now.

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Maybe we could put on some testimony and work on it.

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I did send it with my materials.

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We're just having a little trouble finding it at the moment.

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Why don't you put the contractor on then?

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Okay.

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I think that would be the best idea.

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What's his name?

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His name is Melvin Brown.

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Okay.

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Okay.

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They've been about to speak.

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All right.

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Mr. Brown, could you state your name, please, and spell it for the court stenographer?

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Melvin Brown, M-E-L-V-I-N-B-R-O-W-N.

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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.

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Proceed, counsel.

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one. Okay, Mr. Brown, can you tell us how did you first become involved with my client James Smith

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for the purposes of this project? I was recommended to Mr. Smith by the Enterprise Center. I was doing

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some work for the Enterprise Center. They said they had a client who needed my assistance because

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of the situation that you described. His only access to his basement is actually having to

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leave his house from the back. There is no stairwell or there's no access to the basement

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stairwell or there's no there's no access to the basement from the inside of the house so he

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from the inside of the house.

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actually have to leave the house to uh out the back uh put himself in and in harm's way it's an

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open alley driveway where young guys are hanging people are hanging out and uh and and and you

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know he has to go out in the weather and and put himself in harm's way to get to his basement to

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do his laundry right and i think we were able to get the photos the pictures up can everyone see

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that now? I see the drawings. Okay, thank you so much. So once you went to his backyard, you came

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up with a plan, and are these the drawings that you submitted? Yes, they are. We hired, I used

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an architect and an engineer to design something as very minimal. It's the only thing it serves

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is as a weather and safety shelter. It's just enough room for him to go down the steps,

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make a left open up his bill code doors and go down into the basement and then return

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with uh you know whatever time of year or whatever time of day it is that he needs to do that

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all right i think we understand it um counselor do you do you have your client with you yes i do

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he's sitting right next to me why don't we swear your client and then your client can adopt your

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testimony okay okay very well very well hello my name is james smith j-a-m-e-s

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S-M-I-T-H

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Do you swear or affirm

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