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Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

Yes, I stipulate and waive.

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All right, please proceed.

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Awesome. Thank you very much.

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Mr. Chairman, I am sharing my screen now, if we can confirm that it's visible.

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It is, sir.

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Oh, that's great. I just saw a little notice on the top said participants can now see your screen.

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I was like, I never saw that before. OK, I have submitted my customary and typical exhibit packet on behalf of Lucas Erotus doing business as 88 Group LLC for the subject premises at 1932 Cecil B.

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more. This was an application for a permit for a business and professional office on the first

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floor front, together with seven residential units at the first floor rear and the three

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stories above. It resulted in one refusal due to the fifth district overlay, which limits the

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number of units that can be provided due to the square footage of the property. I would note to

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the board that this board did grant a variance back in 2014 for three two-bedroom units at the

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second, third, and fourth floor level, and we're looking to modify that somewhat. There was a

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proviso for a maximum height of 38 feet, with which we currently comply. So accordingly, we do

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need a use variance, and we're seeking that from the board today. So that is A1, the notice of

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refusal. A2 is the CBA application of appeal. A3 is the PIF, project information form. A4, proof of

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ownership, A5 proof of tax plans. A6 is a site plan, A7 are floor plans, A8 are photographs of

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posting, subject property, aerial views, and street views. A9 is the RCO letter of support

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from United Neighbors Alliance. I would just point out to the board, they submitted their summary

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to me, which I included in my packet, but I do have today the explanation letter from the RCO,

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which has been previously submitted directly to the board, but we have a copy of that today as

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well. I don't have a letter from district council, 5th district, but if it is submitted, I would ask

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that that be marked as 810. With regard to the relevant zoning history, in 2016, again, a variance

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was granted for the multifamily use and a vacant commercial first floor. Since that time, Lou has

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moved his residential, you know, property management office into the first floor front.

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So he does have eyes and ears on the street. The first floor rear is where we're looking to add

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an additional unit. And I would point out that also back in 1959, this was a two family and a

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beauty shop. I would also point out that at A12, I have the zoning history of 1913-19 Cecil B. Moore.

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That is Lou and Marie's associated project, which consists of 45 dwelling units contained in three

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buildings uh which are similar to what are we are proposing to do with this uh project here

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and uh part of that is the floor plans uh a13 is the zoning map a14 or aerial photograph

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uh so originally this was built as uh three two-bedroom apartments at the second third

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and fourth floor with the vacant commercial at the first um and and what what louis found

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is that nobody wants a two-bedroom apartment so you know over time he's converted the three two

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bedrooms to six one bedrooms you know each with their own kitchen unit they're fully sprinkled

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fire alarms smoke detectors all that good stuff in requirement with the code and then we're looking

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at a ground floor unit at the rear behind the commercial use as an additional, you know,

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again, a one-bedroom unit, okay?

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So six of the seven one-bedroom units are currently occupied.

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All tenants are single individuals.

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There's no multiple occupancy of any of the units.

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Again, these are urban professionals, doctors, students, you know, university.

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doctors, students, you know, university employees that, you know, want their own space. And, you

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know, so that's that who that is who he's catering to, not only in this building, but at 1913-15-19,

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which is, you know, a half a block away. Okay. And again, so no tenants are interested in co-tenants

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or roommates uh and again all the all the units are fire code compliant they're fully sprinklered

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they got pull stations smoke and fire detectors so uh we have the um yeah the notice of refusal

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for 1932 the application of appeal uh the project information form which was submitted

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my transmittal letter to the board as you know as usual um they purchased this property back in 2013.

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We have our tax clearance, proof of tax clearance. All taxes are paid. Let me go to 21, page 21.

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um so if you look at i'm going to turn this hang on one second okay

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all right so when you look at the first floor front this is the commercial space that lou now

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uses as his uh business office uh for all his rental units located on cecil b more you walk

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the front door and you turn immediately to the left and he does a basement access for additional

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storage. Walking directly to the rear, this would be the proposed new living unit, which would have

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a galley kitchen, a living room area, followed by a bath and a bedroom at the rear. At the second

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floor which is typical of the you know second third and fourth uh what had used to be or

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originally designed as a two-bedroom unit has been uh you know modified into two uh single bed

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units okay so when you come up to the landing you have access to a unit at the rear and you have

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access right here to a unit to the front each has its own designated kitchen a living area

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a full bath and a bedroom at the front again towards the back when you come in you have your

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your living room area your little kitchenette a full bath and a bedroom at the rear okay and

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that is typical of the second third and fourth floors okay we posted the property in accordance

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with the code. Here's a copy of the poster. Not included in my packet are the photos, but they

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were submitted to the board. So here is the poster on the front window, and you can see clearly the

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address 1932. We have the summary letter by United Neighbors Alliance, and Mr. Chair and members of

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the board, I would point out that with some of my medical conditions or issues that I've been

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dealing with. This case has been continued several times, as has the RCO meeting. However, notices

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went out on each and every scheduled meeting, despite the fact that we had to continue them

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or reschedule them or postpone them on several times. So everybody was well aware of this

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application. Submitted directly to the board and not included in my packet, however, I do have a

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copy today is the UNACA letter dated August 21 expressing their support for the application

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adding that it's a positive addition to the community and I would point out that

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Lou and his wife have agreed with UNACA to provide the retractable window fire escape ladders

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uh you know as permitted as permitted by the code and i point that out that that's important to lou

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and his wife maria because uh they basically lost their home in a fire um you know within the last

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year and so they were fully aware of the dangers of a residential fire and and the impacts that

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that can have on you know on the residents uh they're in so they uh they are more than willing

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to provide those retractable window fire escape ladders over and above what is required by the

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code. And so I just thought that was important to point out. Okay. So this is a picture

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of the subject property. It's the one in the center. As you can see, you have the, you know,

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As you can see, you have the front commercial office use, and then it's three stories above.

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the front commercial office use.

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This is a Google angle shot showing the subject property.

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And again, this is new construction, so it's fully compliant with all the applicable building and occupancy codes.

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This is a picture of Cecil B. Moore looking westbound.

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As on this corner here, indicated by my cursor, are the three other buildings at 19, 13 through 19 Cecil B. Moore.

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This is a picture looking eastbound on Cecil B. Moore, subject property being to our immediate left here in the photograph.

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The summary form from United Neighbors indicating support with provisos, nine in support with provisos, two opposed, and the proviso was the fire escape boxes, but like I said, Lou and Maria have agreed with them that they would install them anyway, given their circumstances.

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In 2016, again, here is the zoning permit. It allowed the three dwelling units, you know, pursuant to a variance. We're just looking to further restrict those units as opposed to being two-bedroom units to being six one-bedroom units with the addition of one additional one-bedroom unit at the first floor rear.

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rear. So again, here's the notice of decision. It was granted with provisos, maximum height of 38

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feet. Again, here's a letter from the zoning board indicating that decision.

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So this is the, these are the plans that were approved.

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okay um and you know i i will tell you that the you know the property in 1913-19

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cecil b more uh we went through a hell of blue with ellen i on that property it you know it was

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in court we we resolved that to the satisfaction of the city and at this point it is now approved

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as a 45 dwelling unit structure consisting of three buildings. And what we're proposing here

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today is no different than what we have at those buildings. Each is a one-bedroom single occupancy

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unit. And at this point in time, Lou does not have multiple tenants in any unit. Each unit right now

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is occupied by one individual, and it's what he's looking for, it's what works best for

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him and Maria, and so far, everything's been hunky-dory as far as that occupancy goes.

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So we're asking the board today to modify the existing variance from three, basically

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two family dwelling units or I mean two two bedroom units to the six one bedroom units

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with the addition of an additional one bedroom unit and again he will comply as agreed to provide

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the additional collapsible fire escape ladders given his history with his his own residential

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home and uh he is now occupying the first floor front as his his own office and uh you know he

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caters to the needs and concerns of all of his tenants from that space so okay uh yeah lou is

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on the call with me today lou if you can uh as i said that you know raise your hand at the bottom

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Senator to screen.

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Yes, how you doing?

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I'm here.

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

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Sure.

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Likurgos Couturades, L-Y-K-O-U-R-G-O-S.

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Last name is Couturades, K-O-U-T-S-O-U-R-A-D-I-S.

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Right.

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Do you swear for him 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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Thank you, Chair.

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Lou, you've heard my representations to the board today?

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Yes, I have.

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Are they true and correct, to the best of your knowledge and information?

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Yes, they are.

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And you adopt them as your own testimony?

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Absolutely.

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And given the requested proviso by United Neighbors, despite the fact that this may or may not be something that the board can enforce, you would proceed with that installation regardless, correct?

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Absolutely.

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Okay.

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Thank you. Questions from the board? No, Chair. No, Chair. Questions or comments from the virtual audience?

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Thank you.

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questions from the board no chair no chair

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I see no hand. Excuse me, Chair. We have Desiree Hall. Okay. Hi, could you state your name, please, and spell for the court stenographer?

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Hi, can you hear me? Yes, could you state your name and spell for the court stenographer, please?

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Desiree Hall, D-E-S-I-R-E-E-H-A-L-L.

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Right.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Are you a neighbor?

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I live in the unit.

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Okay.

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Oh, good.

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Thank you.

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Proceed.

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There is, that's actually false.

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There's already somebody living on the first floor, and there isn't, like, what they're asking for.

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He's only zoned for four units, and he only is accepted for four units in this apartment.

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you live you live in 1932 now yes currently right and you're saying there's only four

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apartments here right now right he's zoned for four and licensed for four units and

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there's already somebody living on the fourth on the on the first floor right i think that's

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i think it's why he's here is to try to make it legal did you say i'm sorry i said i think that

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The reason he's here is to try to get variances to make it all legal.

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Okay.

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So when will everything else be built?

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Like the fire escapes, all these other things that are supposed to be built in the apartment?

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I think that the fire issues are being worked out with the owner right now.

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And I think if you heard, I don't know that the fire issue has anything to do with zoning.

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It has to do with safety in the building.

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And what we're only looking at today is the zoning issues.

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Okay. So, so what, I mean, I'm trying to think, like, I just don't understand how the only reason why this is all happening is because he illegally takes people to court and tries to evict them.

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And then this is the only reason why he's having this meeting today at all.

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I don't know anything about going to court. I'm only, we're only going to look at today the whole issue relative to whether or not it should be zoned the proper way.

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Okay.

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All right.

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A couple of questions.

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Thank you for taking the kind of call. Mr. Ward, do you want to comment?

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Yeah, for Ms. Hall, if she's still on.

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Ms. Hall?

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Ms. Hall, please unmute yourself.

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Can you hear me?

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Yeah, Ms. Hall, the attorney wants to respond to you.

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Yeah, Ms. Hall, I'm Sean Ward.

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I am Lou's zoning attorney.

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Okay.

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Just to clarify, you're currently a tenant at 1932?

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Yes.

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Yes. And you occupy a one-bedroom unit? Correct. Okay. And what floor are you on?

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The fourth floor. Okay. Are you current with all your rents and obligations to the landlord?

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Yes. Okay. All right. But you occupy one unit as a single-bedroom

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unit, correct? Correct. It's not a two-bedroom unit, right? No. Everything on each floor is

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two bedrooms already I mean two unit two unit one bedroom on each on each floor okay and and

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and you have uh fire alarms smoke detectors and pull stations and all that other good stuff

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correct no we don't have fire alarms it's not a fire alarm okay that's not my understanding but

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okay all right thank you thank you is there anyone else in the virtual audience yes chair we have

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Dianne Jenkins. Hi, could you state your name, please, and spell for the court sonographer.

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Dianne Jenkins, please unmute yourself.

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Dianne. Her hand is no longer raised, but. Is there anyone else in the virtual audience?

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no hello hi diane could you state your name and spell it please for the course

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yes diane jenkins d-i-a-n-e j-e-n-k-i-n-s right do you swear for him to tell the truth

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the whole truth nothing but the truth i do um are you a neighbor um i live in a resident

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President. Thank you. Please proceed. So, Mr. Ward, you swore on the earth that, well, I'm sorry.

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I'm sorry. You did not ask questions. Tanya, I have this. You don't ask Mr. Ward questions.

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You're to give testimony, your own testimony. Okay. So, number one is fire alarms, smoke detectors.

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They are not in the units. We also had a fire before and we couldn't get out the building.

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Um, there's no professional, um, uh, people in the building.

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There's no professional people in the building.

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Um, again, like the other girl said, she's zoned for four units and it's eight units,

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um, with people in it.

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Um, also, um, there are roommates on a third floor and, um, there were no postage outside

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or anywhere in the building.

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