civus
Hearing video

ZBA Hearing - November 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 6, 20244h 58m

kind of uh decrease in units or it just wasn't presented to them it wasn't presented to them at

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the time it was not presented to them at the time it was you know uh obviously we were there to get

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feedback they seem to be concerned about the property's condition over the the course of the

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ownership it has been vacant for a very long time it was in disrepair when purchased and it remained

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in disrepair thank you comments on the board questions or comments from the virtual audience

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i see no hands at this time chair

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planning commission i'm sorry sure sure yeah no no i'm saying so there was were there any plans

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for the two units or just it was just plan submitted for the three units we are we have

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plans for two units we can we can send over i think we did send it over miss emerson could

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correct me if i'm wrong but i believe this was a a change of use only so there wouldn't have been

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plans required um so i mean the applicant may have had some plans drawn up but there would

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not have been plans uh required by lni in this case but we are it's a three-story building

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we can make it to bi-level units.

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Thank you.

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Questions?

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the residential single-family RSA 5 zoning at this location.

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The appellant has not shown that the property cannot possibly use in circumference with zoning code,

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that the variance is therefore necessary to enable viable economic use of the property in its current self-condition.

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While there is prior documented use of the property as two-family, there is evidence that the property has been vacant since 2016.

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The City Planning Commission recommends that the Board deny the proposed used variance.

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Mr. Chair, it's a 3,000-square-foot building.

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To rehab this into a single family home, it would put it at a price point that no one would be able to take on, which is why we've reduced from three to two family.

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which is why we've reduced from three to two family.

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That's the long history of the property.

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That's the long history of the property itself.

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I-2022-007-252-3730 North 18th Street.

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I vote yes with proviso, maximum two units.

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Is there a basement living?

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Can we add that as a proviso?

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Yeah.

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Maximum two units, no basement living.

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My vote is yes with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tanada Graham, my vote is yes, with proviso.

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No, Shahid, my vote is yes, with proviso.

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Thank you, counsel. You have your votes.

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Thank you.

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Number four.

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This is Hillary.

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We have a case that was inadvertently not put on the notes that you received this morning.

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It was a case that we continued from last week because we needed an interpreter.

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If we could hear that case next, that would be great.

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I'll read it into the record.

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That case, it's MI-2024-00056, 1329 Levick Street.

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And it's a pro se case.

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I believe we have an interpreter present, a Spanish interpreter.

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Interpreter present.

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this is the interpreter speaking could you please state your name and spell for the

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court stenographer yes my name is steven aubain s-t-e-v-e-n-a-u-b-a-i-n my idea is y as in yankee

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i'm as in mike 288 hillary do you have the interpreter swearing in in front of you

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um yes i can um i can do that um mr robin d um do you swear to faithfully and accurately

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translate um english into spanish and spanish into english i do all right thank you

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um what's the name of the yes the name of the applicants um marlon escobar and kenya

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or Ayena

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I believe they're with

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Ms. Cadillo

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who is

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I think she's already been promoted to a panelist

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or there's

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someone else okay it looks like there's

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a couple people coming in

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okay

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so

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why don't we have the interpreter

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call her

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yes

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it looks like it's

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Is it Marlon Cadillo that's present?

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It looks like...

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Marlon Cadillo is the expediter.

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Right, right.

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No, I'm just asking for the...

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Oh, Marlon Escobar.

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Sorry, who's the applicant that is presenting?

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Okay.

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Interpreter, could you please ask him what his name is,

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if he could state and spell it for the record?

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Si usted no puede dar su nombre y deletrarlo para ver registro.

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Marlene Jerónimo Escobar.

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The interpreter will clarify, y lo puedes deletrar para el registro.

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M-A-R-L-E-N-G-E-R-O-N-I-M-O-E-S-C-O-V-A-R.

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Permítame, so it's Marlon, M-A-R-L-E-N, Verónimo, G-E-R-O-N-I-M-O, Escobar, E-S-C-O-B-A-R.

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Did you ask him his relationship to the property?

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¿Cuál es su relación a la propiedad? ¿Usted es el dueño?

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Sí.

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Yes.

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Good.

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Ask them to please start showing their documents.

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Mr. Chair, I can read the refusal into the record for this one, because this is a pro se matter.

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No, no, no. Let Hillary speak, please.

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Por favor, dejara Hillary hablar.

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This application is for use as multifamily household living, three dwelling units, and an existing structure.

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applications para utilizarlo para una familia múltiple en esto tuvieran tres cuartos o

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habitaciones viviendas en un mismo lugar there is one use refusal

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There is one use refusal.

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Hubo un rechazo de uso.

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The proposed use multifamily household living is prohibited in the RSA 5 zoning district.

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Y el uso para familias múltiples fue rechazado para uso en el distrito en la zona RSA 5.

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Yes, thank you, Mr. Chair, showing the documents, please.

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And we we agree with what you're doing, what you're showing.

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We have that document.

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You got those documents.

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Keep going.

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As this deed.

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Okay.

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Yes.

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Mailing is okay.

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Keep going.

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Could you show us photos of what you have right now first?

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Oh my God. One second, please.

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Yes, I need to go in a second.

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Okay, now.

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But he will.

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Sure.

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do we have photos yes one second i'm trying to get them up

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could you ask them is this already an existing structure like is this already a triplex

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oh currently it's a duplex that's why we're here to make it a triplex

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show us more photos first please

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so that is the bottom part that i'm requesting um your permission so that i

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can make it into an apartment since it's such a big place um it has a lot of space

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is this the is this the basement that we're looking at yes so he wants

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and he wants the basement to be an apartment

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If you can see there is a living room and then there's also two garages.

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So there's the same amount of space as the other two apartments in the basement.

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And that's why I would want the permission to be able to make the basement into an apartment.

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Could you please show us the drawings?

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If you can show us the drawings.

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So, as seen in the plan, you can see that.

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as seen in the in the plan um you can see that we don't see the plans we don't see the plans is

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We don't see the plans.

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We don't see the plans.

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what i'm saying you gotta show us the plans

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and are you better see it now we see plans so

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yes that is that is what I need to be able to give me that permission

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if you see the third plant I have two quarters, the bathroom, the kitchen and the

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bathroom, the second is identical, it is the same, so I bought the property like this

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so as you can see um with the second and third floor what i'm trying to do in the basement is

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the exact same space and i'm trying to make it identical to the other apartments so this is a

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two-story building y esto es un edificio de dos pisos no de tres three the three-story building

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so what i mean my i guess my question before i i thought he said he was trying to build in the

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basement oh i see oh i got it okay so he's he's what he wants to do that garage in the back

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as an apartment así que lo que quiera hacer es el garaje en la parte de atrás como un apartamento

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si yo tengo los dos garajes la sala que le mostré entonces los dos garajes serían dos cuartos y

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so um yes as you can see there is a two um two garages and those i want to make into bedrooms

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and it has the living room um i i'm also trying to put so i'm also trying to put a door in the

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back and then a door on the side it would be a good of a good price range as well

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hillary what's its own rail

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the zoning is rsa5

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they're not duplexes there

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that is not how it that is not how it's zoned

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but that doesn't mean they're not duplexes it's just not how the zoning is

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are there other houses on the block that have converted garages into apartments

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So as you can see, um, that's the one that's, um, the Interpreter Quarters

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Clarification, is it that directamente al frente o atras?

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so um this is the one that is in directly behind us and as you can see they have um closed it off

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i don't know if they did it legally but that's why i'm here to do it um legally

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what am i looking at there

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so these are also houses that have um transformed um their homes as well um and i don't know if

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he showed us photos of the front and rear of his property

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nos puede enseñar fotos de la parte de al frente y la parte de atrás de su

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propiedad esa esa es ahí está la parte de enfrente

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como usted ve y se ve la esquina de la otra casa que le digo yo que está

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arreglado el beymond mire ve ahí se ve justo la foto

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so that is the front of the property

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let me see the rear y déjeme ver la parte de atrás

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okay all right thank you questions or comments from the board

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yeah the question uh the uh site plan shows uh the property uh line on the

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uh the property uh line on the right hand side if you go back to the site plan or the

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right

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basement floor plan or whatever it is um and that's a common driveway

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así que este tengo una pregunta acerca del plano este y la línea de propiedad en la mano derecha

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Right. I can't tell whether that's to the center line of the driveway or what, or is that the entire width of the driveway.

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And I don't know if that's the whole area of the parking lot or the entrance, or if it's part of that entrance.

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No, those are entrances, these cars that you see in that photo are from the other building, from the other side.

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pero la propiedad aquí está la que yo estoy mostrando en la parte de aquí de atrás y aquí

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atrás donde usted ve ya atrás esta es una entrada que hay para todas las casas para allá atrás aquí

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donde usted ve que le estoy mostrando aquí con el dedo y más allá en la parte de ahí ahí atrás

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donde usted ve en la casa tiene un parqueo ahí para el apartamento que voy a hacer si me dan el

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permiso ustedes si me dan la oportunidad tiene un parqueo en la parte de atrás so what you're

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seeing on the side is parking for the building that's next door but in the apartment itself

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there will be space for um parking um directly in front of that uh new apartment yeah that kind

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of wasn't my question there was a there's a dotted line that's on the you know a property line that's

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shown on the drawing and i wasn't sure whether that was the whether that was the width of the

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um was that the width of the you know of the the whole you know uh driveway or was it to the

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center lineable driveway kind of doesn't matter at this point because my concern is that the door

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to the proposed um unit opens directly into um a driveway um as opposed to the units that are

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directly across from there that have the apartments that although it exits directly into the parking

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spaces that are behind the stores that are on the front so the people that live on the top of the

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stores enter from that side but they have parking so they're not walking right out into the driveway

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is my concern um so that's okay that's that's kind of my issue with the plan the fact that it's close

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to the corner is a good thing i don't have a problem necessarily with that the issue is opening

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up and you're right there and there's no walkway

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that separates somebody from opening the door

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and getting hit by a car

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Así que lo que

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yo estaba hablando era acerca de

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la distancia o la medida

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de la entrada de la parte

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