civus
Hearing video

ZBA Hearing - August 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 21, 20246h 4m

it's not used for no community stuff

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or nothing like that so that's where

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it's going to be

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why don't you bring it up one more time the backyard

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so that white that's coming out

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the back that comes down right

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so it's going to be

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actually all of this plus this now

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so like it's about 14

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because that's actually

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hanging over like the steps

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so all of this will be the rear yard

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but now only the first floor

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has access to the rear yard though right

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well we're

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the architect is going to I'm not sure

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if he's on he's going to make provisions

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because there is there's there's there's no

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properties next to us

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so he's going to make provisions so everybody can have access

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a lot of you don't own that

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today tomorrow maybe something on it yeah well there's there's an ollie too um so i guess the

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question is is are have you made provisions that that trash will be stored in the units until trash

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day on the second third on the second third floor they're going to most likely so the rco gave us

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gave us a couple options one um to kind of do something out front um or um use the uh rear

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yard the rear yard now it yes it is open and it has a there is an alley too um and i mean honestly

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That's like a common issue, but even for the single families, a lot of people use the rear yards

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and go to the ollies for the multi-units.

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But the other provision that they had us put in there also was to use trash compactors

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so the stuff would, you know, last a week.

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And I do have other properties.

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I have a couple of commercial properties, and we do – I do have pickups, too, on some of those properties, so that was something that we also considered.

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Other questions from the board?

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Questions or comments from our attorney, Hillary Anderson?

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Just briefly, Mr. Cooper, the RCO had a couple of provisos.

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one you mentioned um the the trash storage options um would be the one that would be most

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readily enforceable by the zoning board um would be trash stored in the rear yard i know there was

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a suggestion of some sort of thing in um a container in the front um to hold the trash

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till trash day um i don't know that that's something that we could provide zoaks we might

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run into being in the right of way and that sort of thing um but the other the other proviso um was

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no household living in the basement um is that something that you are agreeable to

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yeah we only we only um put this in for three family dwelling on the um three floors so those

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preliminary plans is only for the three floors so um the the actual basement is probably used for

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utilities at warden okay all right thank you questions or comments from the virtual audience

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i do not see any further answer mr chair planning commission

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thank you meg cavanaugh for planning commission staff uh the comprehensive plan recommends no

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change to the rsa 5 residential single-family zoning at this location the proposed multi-family

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living with three dwelling units is consistent with several properties on the block that have

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permits for multifamily use. The City Planning Commission recommends that the Board grant the

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variance for three-family household living. MI 2023-007-207-2222 North 16th Street,

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I vote yes with proviso. No household living in the basement, trash stored in rear yard.

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Can I add to that proviso? You most certainly can. That the units that are both that don't have

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direct access to the rear yard

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have trash storage

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within the unit until trash day.

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Okay, so we'll do that again.

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MI

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MI 2023

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007 207

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222 North 16th Street.

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I vote yes with proviso.

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No household living in the basement.

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No household living in the basement, trash stored in rear yard, second and third floor capacity to store trash until trash day.

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trash stored in rear yard second

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Tip pick up.

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Yes, I think to clarify, so interior trash storage for second and floor units, trash stored in rear yard for first floor unit.

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Is that?

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Yes.

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Okay.

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Okay.

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So you say it like that, Mr. Chair.

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So no household living in the basement.

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trash stored in rear yard

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for first floor or second

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and third floor trash stored in unit

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until pickup

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day.

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Michael Johns, my vote is yes with provisals.

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Cheryl

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Gaston, my vote is yes with

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provisals.

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Tynetta Graham, my vote is yes with provisals.

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I'm sorry.

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Go ahead, Ty.

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my vote is yes with provisos

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James Snell

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my vote is yes with provisos

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Ishmael Shahid my vote is yes

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with provisos

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thank you

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thank you you have your vote

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thanks so much

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okay

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number 12

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MI 2023

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006 340

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5401 Regent Street

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Alan Nockamson is the attorney.

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Letter of support from the 51st Ward RCO.

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Mr. Nockamson.

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They'll be coming back in as a panelist, Mr. Chair.

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Okay.

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Good morning, Mr. Chair and members of the board.

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Alan Nockamson.

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Just for the record, Mr. Nockmson, spell your name.

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Yes, A-L-E-N, last name is Nockmson, N-O-C-H-U-M-S-O-N, and I'm representing Nijista Jibriwet, the owner of the property.

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

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I do.

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Our vice chair has just a few questions, sir.

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Thank you.

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Good morning, counsel.

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do you agree to leave the reading of refusal or stipulate to its accuracy i do have you emailed

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in all the required documents and exhibits that's needed to proceed with this case five days in

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advance of this hearing oh we have thank you counsel please proceed and share your screen

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all right so i'm here to present 5401 regent street uh it's a corner property

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uh the it's the corner of uh regent and 54th street uh and um we're looking to legalize

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uh this uh duplex which has been the duplex uh for almost 60 years uh so first we'll review

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the notice of refusal then we have a letter of support from the 51st democratic board this

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property is located in the southwest section of the city then we'll review the property history

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I have a zoning permit showing this property, I believe, has been multifamily since the 60s.

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Then also the listing.

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My client purchased a property in 2018, and it was RM1 at that moment, and it was advertised that way.

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But then you'll review the next exhibit, which is the Philadelphia zoning legislation,

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which changed the zoning classification of the property from RM1 to RSA5.

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And why is that important?

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So my client is an elderly woman.

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Her son, Ephraim Syum, started taking over the family business,

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including the rental of properties of this sort.

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And my client wasn't knowledgeable in terms of, you know, rental licenses and such.

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and Ephraim, you know, tried to get a rental license for this property. And again, it's been

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a two unit forever. It's configured as a two unit. And then that's when he discovered that,

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you know, he needed to go through this variance process and, you know, get, you know, legalization

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of this duplex. There's one unit that's occupied. My client has purposefully not rented out the

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other unit. And they actually obtained a rental license just for the one unit. So at least they're

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legal for the one unit but they're trying to you know again legalize this duplex that has been a

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duplex for some time we'll then review after after the legislation we'll review the maps of the area

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both the zoning map as well as maps google maps we are behind essentially a supermarket

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uh behind essentially um a supermarket um and we're across the street from a senior citizen's

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uh living facility uh so again you'll see that it's kind of out of character um you know to

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you know for this duplex not to exist especially given its its long history then we have interior

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photographs of the property and then photographs the exterior of the property simple floor plans

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to show, you know, what's going on here.

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Again, my client hasn't made any changes

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to the configuration of this property

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after purchasing it.

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And you'll also see from the floor plans

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and from the pictures,

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there's an entryway,

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exterior entryway for each unit.

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So there's an entryway on 54th Street

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and there's an entryway on Regent Street,

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one for each unit.

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And then trash would be stored out in the back

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and we can agree to that as a proviso.

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And then we have our RCO meeting notice or application for appeal, the deed to a property, and a certificate of tax clearance.

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At the conclusion of my presentation, my client is not this most sophisticated person in technology-wise.

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So she's going to have her son, Ephraim, who now manages the properties, testify and adopt my testimony as his own.

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So the notice refusal, we're an RSA 5 property, but in name only.

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This property has been multifamily for many generations, and my client's just looking to legalize this.

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So the letter of support, we have a letter of support from 51st Democratic Ward in Southwest Philadelphia.

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And then the property history, as you can see, this property has been a duplex since 1966.

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And then even the listing itself, when my client purchased this property in 2018, indicated that it was a two unit.

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At the time, it was a two unit.

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Legally, it was an RM1 property.

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So there was nothing wrong with it.

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The issue is the legislation the following year changed the zoning classification to RSA 5.

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This is a corner property, and just they reclassified, you see here, we're at the corner of Region 54th.

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If you look at all of 54th and all of Region, that was RM1.

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Even across the street was RM1.

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What they did was they changed the zoning classification or region on both sides of the street.

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But really what probably should have happened is that at the very least, these properties on 54th, all of them should have remained R1, including my own, my client's property.

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But, you know, right here is where the shopping center is.

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And across the street right here is where the senior citizen's living facility is.

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And then the maps of the area too, you know, again, you know, this strip is RSA 5, but there is RM1 here, the CMX 2 here, and the mix of zoning classifications as well.

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And again, as you can see here where we are, you know, again, there's the, you know, there's a family home and I'm kind of disoriented here, but there is a shopping center with a supermarket right behind us.

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And I think the pictures will at least show the parking lot of it.

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And then the interior photos, again, one resident is living in one of the units.

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We purposefully kept the other unit unoccupied because my client wants to keep it legal.

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At the time that they've, since they've owned it, they didn't realize that they needed a rental license.

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And if they would have got a rental license, as soon as they purchased it, we wouldn't be in this situation.

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And they sincerely apologized.

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They just didn't know what they didn't know.

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And it wasn't until Ephraim took over that they realized the gravity of the situation.

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But you'll see there's that.

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And then this is the property from region.

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So one unit, the upper unit, you go up, and we'll see the floor plans, but you go up this, go in the front door, go up a flight of steps.

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Unit number two is on the second floor.

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And then you can see here, it's not the best photo, but there's an exterior entryway for unit number one.

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You can also see here that there is more than enough room for trash to be stored in the rear.

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And then there are zoning hearing notice postings.

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So from both public streets.

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And then regions to the right of the property, to the left of the property, 54th Street to the right of the property.

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and here's the parking lot where the um where the supermarket is and then 54th street till

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left of the property and then our plans and drawings this is just the lower level of the first unit

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And then there are plans and drawings. This is just the lower level of the first unit. But how it starts out is you come out this front door, which is on 54th Street. You come into a kitchen area, and then you have a separate living room area here, and then you have a one bedroom.

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If you go down the flight of steps, you know, it's just, you know, a place to, you know, for storage and a half bath.

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The full bath is, oops, the full bath is right here for that unit plus the bedroom.

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If you want to go to unit number two, this is the front of the property where that entryway is.

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You go up a flight of steps.

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And then unit number two also has its own floor, and it's two bedrooms, one bath.

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