civus
Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

visiting. I totally understand that. I'm proposing that for my business plan, the visiting would be

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Monday, Wednesday, Friday, and that is within my purview to do. But I would also like to point out

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that said rec center and park have no, there are no protocols in place for who comes and goes

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from the park, from the field, from the rec center. Case in point, last year, our councilman,

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Mr. Phillips, called a meeting about several, because it got so bad. There are several instances

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at particular rec center where there was one on April 14th, one on May 12th, and one on August 26th,

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where the police actually had to show up because somebody was outside, which is on my front door,

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at my front door i actually caught this on camera this individual with a firearm who came there

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because a particular game was being played uh from a school down in uh north philly and they

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were allegedly not supposed to be in our area and um like i said there's no protocols in place that

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stops who what and when these people who aren't from our community come here whereas though you

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know chantel i and i understand that but we need to concentrate on your property and what you're

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going to provide and what you have there and not what goes on in the playground okay but thank you

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for that all right and so um they won't be driving we will be there 24 hours and so we're talking

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about three personnel now prior to uh the fire when living in the house there were eight of us

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in the house and we had four vehicles and we never had a problem with um with parking like

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Like I said, there's shared parking for multiple reasons for the different people that come.

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i said there's shared parking for multiple reasons for the different people that come

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Also, we would be there 24-7.

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Like I said, there is protocols in place for who qualifies for the waiver.

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And in 2011, before I purchased the house in 2014, from 2011 to 2014, that house was rented to four different families each year before I purchased the house.

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so there were already people who were strangers to the community that lived there okay

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um do you have anything else you want to present for us yes so i wouldn't be operating you know

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uh there were also concerns that okay well this is a money-making venture for you it doesn't

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benefit the community. I disagree because this is a community need. As a nurse, we see the overflow

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of the people who can't care for themselves, and they do end up in long-term care facilities.

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This is why DHS has put out the need for different housing opportunities for people. This particular

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waiver addresses housing for people who have medical issues and need to be addressing their

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care. And when I point out medical issues, a lot of people were thinking, oh my God,

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People with mental health are going to be here. People with, like I said, drug and alcohol issues. No. This waiver specifically applies to people who are able-bodied. They just need help getting to their appointments, caring for themselves in terms of, you know, personal hygiene and getting their medical care in order so that they can continue to live independent.

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Thank you. Questions from the board?

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yes i have a question what modifications have you done or planned to do to the house on the

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outside in terms of having access mobility and interior of the house as well i saw some stuff

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happen in the basement so what if your clients are you know have some limited mobility so those

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wouldn't be the type of clients that um qualify for this waiver all all these clients are able-bodied

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and so the house is just being restored to what it was before so my house was a four-bedroom and

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there's a suite in a basement so that makes it a five-bedroom and three full bathrooms

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living dining and kitchen and a laundry room separate and that's what it was before

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the questions from the board okay um you said that it would be 24-hour care for the residents

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so i thought you said that it would be you and there would be two others and there are

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five bedrooms and i think you said you could have six residents so how are we

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dealing with the these uh do these uh patients i'm not sure what's calling clients whatever

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yeah tenants clients because they okay all right uh so uh they are there 24 hours a day

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yeah so they are still allowed to work or if they volunteer some of them may not have jobs but

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they're allowed to volunteer and for those who don't have jobs we are required to get them into

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programs um so that they be outside of the home you know involved in the community but the but

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there there's a term for how long they stay yes the waiver approves them for nine to 12 months

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before they return back to their homes and and this would be in effect temporary housing for them

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yes okay and then uh and someone has to be there 24 hours a day yes per the waiver yes and they're

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they're living there so you're saying that there are five bedrooms and three baths how how is that

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going to work in terms of uh you've got perhaps six uh residents and then three of the staff

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which would be you and the two others so you're talking what nine people do the do the other

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staff members are you how are you apportioning i guess the 24 hours of care okay so one person has

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to for every six for which it works out to be what my house can accommodate there's one person

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so we all three don't actually have to be there at the same time okay yes but to answer your

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question about how the living space would be designated the reason why i can only accommodate

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six because the suite in the basement is actually 120 square footage and that's what's allowed for

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two people to share under 120 they can't share okay so you're

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they can't share okay so you're gonna have two sharing the space in the basement right and then

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you've got there's four other bedrooms you're saying right so how how is that because you

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live there right well no I don't currently live there are you going to live there no I'm gonna

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to be there 24 hours because I'm allowing for the entirety of the house to be used under the waiver.

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Okay. But you're not going to live there. No, but I have to be there 24 hours or one of us,

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one of the staffers now has to be there 24 hours. Okay. Someone has to be there 24-7.

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right okay but but none of the caregivers are going to be living there no okay and so i would

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probably make the shift 12 hours okay all right thank you all right any other questions from the

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board so just a quick question so they're trying to get this bedroom arrangement so you've got

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two people living in two prison proposal live in the basement or sleep in the basement or have a

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suite in the basement and you've got the other bedrooms so each each individual other individual

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is going to have individual bedrooms is that how that works and then yes and then there'll be a

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bedroom separate for the one of the caregivers that stays no no bedroom for the caregiver that

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stays so someone has to be there 24 7 so my in my business proposal the shifts would be every 12

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hours so one of us would be there for 12 hours at a time as has um as you do you or your folks

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that'll be working with you your brother and your sister um have um um history and working with

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these types of uh individuals and in a situation in a situation like that oh yes i've been a case

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manager for Meraki for several years and I've also worked extensively in med-surg and subacute

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and I currently consult with local doctor's office okay I don't know what the other two

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were those are they 24-hour care places yes okay yes and so I just want to point out because there

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there was also this misconception this is not a facility the waiver only applies to a home we are

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trying to keep them in the community in a home-like setting so that they in turn can go home

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and care for themselves. So we're talking about people who may have diabetes, asthma, but they're

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not properly managing their own care. And so we're seeing frequent ER visits, frequent hospital

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stays from them. And so this was put in as preventative care measure to help said people

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who are able-bodied, but for whatever reason, maybe they don't have the support at home or the help.

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And so they need to be in a setting, but they don't also qualify for long-term care because they're not viewed as that bad medically.

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You know, they're still working or they're still, you know, out and about in the community, but insurance is paying for too much care long-term wise.

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And so they want to stabilize them basically for them to get home.

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Questions from our attorney, Hillary Embers.

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Can I ask one more question?

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Sure, you can.

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In terms of the care that you're providing, which I assume includes making sure that these folks get the medicines that they need and what have you, is that done in this facility or are you transporting them to where they need to get whatever medications they're supposed to take?

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oh no this will be here they're living here uh so these are their medications that they would

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be taking at home so if they need to take an inhaler every eight hours as prescribed by their

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doctor but at home they weren't doing that here we're making sure that they're doing that um

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okay we're providing meals and they're supposed to get to their doctor's appointment as stipulated

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by the way so we would be transporting them to their appointments to make sure that they do so

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Okay. So then the 12-hour shift would have to include some sort of padding to make sure that folks are transported to wherever they need to go to in terms of medical facilities or whatever.

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Right. To their appointments or, you know, the only thing we won't be doing is transporting them to work. They go to work independently on their own if they do work.

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Okay. All right. Thank you.

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Go ahead

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Well, Chantal, I have a question. Have you considered only accepting four or five clients?

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Chantal I have a question

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Have you considered only

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Accepting

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Yes. I just wanted to be truthful about the max that I could because of the setup of the home,

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but yes. Well, technically under the max that you could legally without this variance,

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you could only have three because only three adults that are non-related can

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reside in a single family home together. So I think I'm trying to determine where the six is

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coming from. I guess the state program that allows us to have a from the health, the health.

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I think it's based on how many my home can accommodate in a home setting.

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Yeah, but that's based on their code. So there's like, there's three different codes, right? There's

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the program that you're in, there's zoning, and then there's the building code, and they all

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dictate different pieces. And right now, based on your type of house, you can only accommodate

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three. So I keep hearing you say six. My question then is, what is your intent? How many people are

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you intending to house at one time? Okay, well, I would go with whatever, since you're telling me

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that there are three different codes, what then is your recommendation? Well, we're only talking

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today about zoning. So what we determined about zoning could alter that. But I think my question

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is how many are you intending to support or is your intent to support however many like whatever

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your max is legally right required okay questions 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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i see no hands at this time too

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

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commission chairman and board members the comprehensive plan recommends no change to the

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rsa3 residential single family zoning at this location the appellant has shown the proposed

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personal care home will have no detrimental impacts to the neighborhood beyond what might be expected

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the city planning commission recommends that the board grant the proposed special exception

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for a personal care home.

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Thank you.

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Chantel, we're going to hold this

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so that the board can talk about it

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and really make sure we totally understand it.

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And we're going to vote on this next Wednesday at 2 p.m.

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Okay?

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2 p.m.

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And all you have to do is be on the line

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and you'll hear the vote.

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Okay.

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Okay?

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Thank you so much, everyone.

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No, thank you.

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Thank you.

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We're going to go to number four.

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MI 2023-005-886-2749 Tremont Street.

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Juan Benillo is the owner applicant.

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There's a recommendation of support from Home Circle Civic Association.

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Juan Benillo is coming in as a panelist.

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Hello.

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Hi, good morning, good afternoon, Mr. Bonilla. Could you state your name, please, and spell for the court stenographer?

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Yes.

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My name is Juan Bonilla, J-U-A-N-B-O-N-I-L-L-A.

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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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Yes, I do.

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Could you please put on your video?

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thank you mr panillo um thank you you're welcome our vice our vice chair has a few questions for

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you yeah sure good afternoon sir have you emailed in all the required documents and exhibits that

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is needed and required to proceed with this case five days in advance of this hearing

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uh yes mr luis cartillo for the luis cartillo office he's saying everything

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thank you believe we received everything please proceed and share your screen

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there's a green button at the bottom of the screen

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hello

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you have your documents in the machine uh luis cartillo he got it he's supposed to be there

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he was in a meeting right now i don't know what happened all right so so you you can you share

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your screens uh no i don't have my screen okay so here's what i'm going to do i'm going to hear

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the other cases i'll come back to you at the very end and see if your person is there to help you

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and see if your person is there to help you do that okay okay i do i do see mr castillo

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do that, okay? Okay, thanks.

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Mr. Chair, I do

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in the virtual audience i don't know if he's he's available right now but i do see mr

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mr castillo can you raise your virtual hand

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mr christie low is coming in as a panelist

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While he's coming in, I just want to note we are getting questions about 5224 Pulaski.

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We will be hearing that case shortly.

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We just have a couple other matters that we are going through first.

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Thank you for your patience.

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Mr. Castillo?

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so so i think what mr casillo is going to just he won't testify he's just going to move your

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documents okay can you see the documents uh yeah i can see the document so that's that's the mailing

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that you did yes could you please show us photos let's give us give us an idea what this looks like

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tell tell me tell us what tell us what you want to do all right um if you notice i

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if you see i see you post i i saw you post it yep yes and the picture i closed my garage

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The reason why was because my mother-in-law, she lived with us, with my wife and me and my daughter.

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And she was needed to live in the downstairs space because she can't use the stair.

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So for this reason, we used this bar for her.

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You put a door in the shell going into the space, right?

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Yes.

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You closed the garage up.

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Yes.

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Okay.

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And you went to the zoning board. You went to the RCO?

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Yes, we did.

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The community group, and they were in support of you, right?

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Yes.

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Do you have any more pictures of the house?

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Yes, you stay out of it.

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Could you move the photos, please, sir?

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Yes.

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okay

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another thing I want to mention is we try to get it there for me for for the canopy in the back right

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so let's go back so you're in that basement spot is your mother-in-law staying down there in that

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spot yeah yeah she used it yeah uh actually right now she's not because she go back and

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