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Hearing audio

ZBA Hearing - February 24, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20262h 41m

so i think we had yeah go ahead oh no i was just going to ask if there's any particular hardship

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for not um maintaining the single family zoning uh the hardship as we see it is the fact that it had

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uh the hardship as we see it is the fact that it had existed as a multi-family and but also

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existed.

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this is a large lot um i'll get you the the dimensions as well uh it's a 2553 square foot

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uh lot is the intent to keep the tree in the front yard uh hi could you speak to that well we we do

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intend to keep the tree in the front yard um that's that was uh already discussed i think

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at the last hearing as well and can you show the basement plan again please

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Okay, thank you. I have no further question.

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Questions from our attorney?

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Yes, just to clarify, I know you're asking for two dwelling units now and not for three.

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Is there any change? Was there any change to the envelope of the building as a result of that?

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Because there was not a new site plan submitted?

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Oh, hold on. I might have put the wrong thing up. Hi, did I put up the wrong document?

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I see your email.

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I believe so. So I think speaking to the basement, we've added light wells as discussed in the last hearing, as well as a rear egress. Yep, here it is.

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All right. So let's start with what caught some flack. And Board, I apologize. For some reason, this was not in my folder.

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That's a little different.

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Now you've got the houses that fetch the neighborhood.

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All right. So blame Joe, please. My client fixed it.

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All right. So that hopefully appears a little more palatable.

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I will say, I think like all of the pitch roofs are twins, like they're next to another pitch

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roof and there was an opportunity here to continue that down the street and continue the like

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uniform look of the block um understanding that this was the third floor but that's my only comment

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okay now i'll go back i think i think i think i have the same comment uh and i think it would be

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easy to accomplish even if it's not a real uh a frame there could be something done with the

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front facade to at least give some respect to the rest of the facades on

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the block okay and then back to the plan time what would you want me to point

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out so we added the rear egress at the top right there you can see there's

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stairs and doors leading out to the surface level as well as more light

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wells in the bedroom living areas with the addition of the basement walkout can you still walk

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out from the rear of the first floor as well that's that's correct okay i'm on the first floor

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two exits to that carport okay all right and just to for for my clarification purposes if

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If you are proposing changes to the exterior layout

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of the building, those need to be submitted

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as a site plan.

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If the board grants this, we can't stamp floor plans

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and we need a site plan,

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just an updated version of what was submitted to L&I.

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Okay.

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Questions or comments from the virtual audience?

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Chair, I do not see any hands raised.

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Planning Commission. Madison Matera, Planning Commission staff. The comprehensive plan recommends no change from the current RSA 5 residential single family zoning at this location. The appellant has supported their hardship claim with evidence of unique physical conditions or circumstances of the property. Planning Commission recommends that the board grant the requested variance for multifamily with proviso maximum two units.

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right Hillary I want to hold this to next Wednesday and take it to executive

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session and vote on it at 930 okay no problem and and mr. console in the

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meantime can you please submit revised site plan and proviso form indicating

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the changes from the original proposal yes thank you also just just all just

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also just one thing on this site plan I thought of on the basement plan I

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believe i saw something that said carport now is that a covered carport or it says carport as opposed

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Now, is that a covered carport or it says carport as opposed to just parking stalls?

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to

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Are we going to mean this carport?

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Hi.

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So I'm proposing a roofed area.

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No, no, we're not proposing a roof area.

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It's it's going to be just a parking space for residents.

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OK.

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OK.

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Thank you.

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Thank you, Mr. Consul.

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Okay, we're going to move on to number 6 and number 7, MI 2025 002 577 59 East Clappierre

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Street and number 7, MI 2025 003 898 61 East Clappierre Street.

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These are both resumptive hearings, Mr. Counsel, could you please state your name and spell

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for court stenographer certainly good morning chair sean whalen w-h-a-l-e-n here on behalf

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of the owners of the property right you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes i do and i understand what updates from you on where we stand then

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there'll be questions from the board public testimony and then the planning commission okay

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yes so why don't you just give us a brief overview of where you were and then start

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your presentation? Yes. So very briefly, I filed this appeal back in April, began, as I told the

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board, May through roughly early October, trying to schedule an RCO meeting with the coordinating

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RCO, the Wakefield 49ers. That's Ms. Roz McKelvey. She did eventually schedule one for like the first

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second week of november and then when i called to confirm the date with her and the information

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for the rco notice letter roughly a week and a half two weeks before that she advised me that

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unfortunately she had to have some serious medical procedure and had to cancel that meeting so we

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were not able to have after all that time have the meeting eventually so at the suggestion and

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support of the councilwoman's office charles richardson we had a here and hold on december

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16th before the board so i presented the case and we are seeking only two duplexes here the entire

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neighborhood was originally set up in the 60s and 70s as duplexes this is a very dilapidated block

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61 east clapier is structurally set up as a as a duplex it was most recently as i stated before

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used as an illegal rooming house there were kitchenettes put in all the different rooms

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all of that's going to get cleared out we're just trying to legalize that as a duplex

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59 east clapier we believe but cannot testify to is a duplex i have interior photos it's

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uh so dilapidated and deteriorated inside uh you can't even really get upstairs so there are just

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a few photos from the downstairs showing what bad shape that's in um so what we then did is

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immediately after the hearing i reached out to both the 12th ward democratic committee which

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is the other rco in the in this region as well as the wakefield 49ers to try to set up another

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meeting i forwarded that email to the board i received no response from either rco to try to

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set up a meeting in advance of this hearing then sean smalley from the councilwoman's office

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separately and independently reached out to both rcos in an attempt to try to schedule an rco meeting

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my understanding is that because i was cc'd on the email and provided a copy of the email

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that neither RCO responded to that email either I posted the property for the December 12th in

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advance of the December 12th hearing and I also sent out an RCO notice letter with a certificate

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of mailing for both properties in advance of that I also reposted the property for this matter and

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And to my under, I have not received any communications from anyone in the neighborhood, honestly supportive or in opposition, and to my understanding, based on, you know, either the letter that went out or the two postings, neither has the councilman's office.

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So at this time, I would respectfully request to move forward to a vote without doing it again.

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We have two existing structures.

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The hardship is already in place, and we're only seeking the least minimum variance, which is a duplex in each one.

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Both will have roughly two 1,500-square-foot apartments.

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um apartments so these are going to be very large family-oriented apartments uh most of the block

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So these are going to be very large, family-oriented apartments.

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from down from us to the south is uh actually has been demolished by the city over time

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so we have i think it's six or seven vacant lots uh next to us so this is an attempt to try to

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revitalize this neighborhood um and the i don't know that you will need to speak with her but

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Saba Tedla is the woman behind this. It's just a single woman developer who's trying to develop

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these properties. Thank you. So, why don't you show the plans again real quick? Of course.

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Sorry, joining us. Do you have anything? Are people in the basement sleeping in the basement

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there? There are going to be no basement bedrooms. We're happy to accept. Okay.

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right that was yours right that was you

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need my hearing notes um okay so the first thing that just came up sorry is uh oops

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all right hopefully you can see this this is the historical map from the zoning archive

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it shows when this was built all the twos and threes on each property show the number of units

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for each one so this property what you know sure most of these properties have no zoning archive

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just to be to be clear because they were all built at the time back then there are a number

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of indications of duplexes you know multiple trash cans you know with a one and two out front

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mailboxes uh things like that um but not legalized so let me again each of these has

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you don't need the map uh here is the property on the left is 59 east clapier it is a standalone

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61 east clapier is right next to it it is a twin that is fully built out and what you can see here

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to the left or those are all the vacant lots the this side of the block that you can see on on my

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side of the screen is essentially the same again most of these having been you know demoed by the

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city because of dilapidating conditions everything is rsa3 again for both i include both refusals

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both refusals are solely uh one use refusal for multi multi-family housing to a duplex instead

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of single family here's a copy of the letter i sent

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and the RCO notice I'm trying to get here we go so here's a picture of what it

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looks like you know last fall obviously no four feet of snow in front of the

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property this is 61 right here on the left and then right adjacent to it is 59

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um here are the interior photos for let me see so there we go

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these are the interior photos for um 61 you can see it's still in decent shape there's

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not going to be any new structural uh reconstruction of what you're seeing right

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now this is all going to get skinned i mean it's it's not well kept at the one

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And he shows the drawings of what it's going to look like.

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Oh, sure.

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Plans.

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Okay.

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Okay, so.

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Didn't zoom in. So this is 61 clap here.

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You can see the 1st floor. You'll enter on the 1st floor.

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Have living space, the shared hallway, and then you immediately go up to the 2nd.

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I'll do the top floor 1st.

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um these are the top two floors again you have you come up these stairs you have this hallway

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you have a bedroom in the back two bedrooms in the back bathroom in the middle

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two bedrooms in the back bathroom in the middle bathroom for this master bedroom in the front

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and then actually the kitchen is going to go on the top floor with the living room and laundry

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up there and there will be what's already approved a existing walkout I believe this is technically a

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balcony even though it's labeled as a roof deck you walk out this existing third floor onto this

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is the roof of the second floor that's already existing um and then the

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first floor you walk in immediately into the living room you have the kitchen the hallway

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and the bath that that again is all existing and then in the basement you would have some

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extra living space purposely and again we are accepting of a no bedrooms in the basement

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yeah the next one joe i mean um sean yeah that's what uh i apologize 59 i didn't have open i

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I actually accidentally fat-thumbed it and closed it while you were asking.

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There we go.

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Here we go.

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So this is 59 East Clapier.

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So you come in here.

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This is the entrance. This is the existing porch, living room, dining room. I apologize for that. Kitchen. And then upstairs, you're going to have actually one, two, three, four bedrooms. So this is very large. And then this is the existing basement.

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and those are the existing conditions and then what we have now is again the first floor come

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in you have this shared hall exactly built out like the other one go in you have a living room

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dining room here the existing kitchen and then there's one bedroom in the back and then you have

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uh the three bedrooms up at the top and then in the basement and here sorry the third floor

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so the third floor again will have the dining room living room and kitchen

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and uh the walkout deck in the rear why don't you bring your client on certainly

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can you go back to the basement

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this is 59

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and again the intention is to make it

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you know it is currently unfinished I can show you the picture of it being

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entirely unfinished and we are accepting of a no bedrooms

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in the basement proviso

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client's name again saba s-a-b-a tedla t-e-d-l-a she told me she'd be on she had

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kids home on a school delay this morning so as many of us are scrambling

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Sabatetla please raise your virtual hand away to be sworn in

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I know she was on earlier Sabatetla she says she's on the call Mr Whelan she's the owner for

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both of the llc's that are both properties she's the sole member of both sorry thank you um all

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right raise all right she said she's on and she'll raise her hand now

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Do we see your hand?

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Not yet, Mr. Chair.

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Sabatetler, if you're still in the virtual

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If you're still in the virtual audience, please raise your virtual hand to wait to be sworn in.

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Sean, as an officer, the court will take your testimony.

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Okay.

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questions for that what's the question more a comment I mean I said it before I think there's

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no way we can skin it the basement has two bedrooms and a bathroom a full bathroom that's

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how it's going to get appraised that's how it's going to we could say whatever we want and that

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is what those two rooms are going to end up being used as so I don't really understand why your

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client would be open to a no bedrooms in the basement proviso because it would say no basement

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living and would render the entire bottom floor like infeasible from a real estate perspective but

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she's not here so i understand i i i agree i mean if it's if it looks like a duck and cracks like a

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duck it's a duck right you know you've got egress windows you've got a full bath you've got full

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closets in both and to think that there would only be one bedroom on the first

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floor with this huge amount of space dedicated on the basement with just

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office and gym and all those things it's a it's it's it seems somewhat

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species other questions questions or comments from our attorney not at this time mr chair

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questions or comments from the virtual audience or the current audience

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i do not see any hints mr chair on any commission i think we already gave our testimony but i have

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no additional comments okay um we're going to hold this the next wednesday and we'll talk to

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the board about it um hillary i want it to be closed unless he wants to respond in any way

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next week i mean is that i mean if he if he talks to his client and changes his mood about

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or changes their ideas about the basement um i don't want to give it a resumptive hearing what

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want to do is okay all right so it's closed unless your client has additional comments

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to share about uh the basement issues the board are we not leaving it open for the rco too

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well they i mean no they've already now okay yeah i mean yeah three times yeah okay we're just we're

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