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Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

I know the answer.

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Juliana, you can unmute yourself.

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sorry i was talking to myself um as you know the building there's a penthouse level

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yes which is the 13th floor essentially this is actually the 14th and uh potentially the 15th

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floor so when you're on the penthouse level of the building there's a um at the end of the

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hallway there's a stair and then it would take you up into the um essentially onto the roof

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okay thanks anyone else wish to testify in this case if so please raise your hand

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no hands chair thank you planning commission good afternoon david effecto city planning

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commission mr chairman and members of the board this property is indicated for residential mixed

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use on the city's comprehensive plan we do not believe that a new penthouse unit will have an

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adverse impact on the block accordingly we have no objection to granting this variance thank you

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very much uh mi-2020-001093 1520 spruce street my vote is yes my vote is yes my vote is yes

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My vote is yes.

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My vote is yes.

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Thank you.

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Can I be excused for the day?

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Yes, you may.

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Thank you.

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Calendar number MI2020-000341, 1603 Lombard Street.

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Adam Laver is the attorney.

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Hi, Mr. Laver, can you put your name and address on the record, please?

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Good afternoon, Mrs. Tenere, Mr. Chairman and members of the board.

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Adam Laver, L-A-V-E-R, blank Rome, 1 Logan Square.

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Do you swear to tell the whole truth and nothing but the truth?

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Yes, I do, Mrs. Tenere.

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Do you also agree to waive and stiff?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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photos, and or plans of the property five days in advance of this hearing?

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And also, have you met with the RCO?

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And if so, do you have a letter?

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Yes, a full package was submitted for consideration, including a letter of non-opposition from the Center City Residents Association, the coordinating RCO on this matter.

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Thank you. You may proceed.

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Thank you. Are you able to see the aerial photograph that I have up on the screen?

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Yes.

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Thank you.

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Adam Laver on behalf of Chabad, C-H-A-B-A-D, Chabad Jewish Center for Students of the Arts.

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With me is Rabbi Daniel Grodnitsky, G-R-O-D-N-I-T-Z-K-Y.

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The subject property, which is up on the screen, is located at 1601-03 Lombard Street.

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The subject property, which is up on the screen, is located in the

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It's the northwest corner of 16th and Lombard, running through to the north to Addison.

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It's located across from Independence Charter School and just to the south of an Altera apartment building, which was a former garage.

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The property is zoned CMX1. We are here because the property is adjacent to RSA5, which is at the rear.

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It's a small section of the property which is adjacent to RSA5. I'm going to move, if I may,

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to some photographs to put this in context. Here we are looking along Lombard Street.

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another photo on Lombard and here is the 16th Street frontage we're here on behalf of the

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Chabad Center which is a religious institution a nonprofit that Blank Rome is proud to represent

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on a pro bono basis the existing permit of record is properly for a religious

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institution but the request before the board is to document two existing

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residential apartments on floors two through three I'm moving now to a image

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of the refusal once again as a matter of right the Department of licenses and

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inspections previously approved a use change for religious assembly and

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religious assembly would be throughout the bulk of the property with documentation of existing

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one apartment in the rear on the second floor and one apartment in the rear on the third floor.

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You may ask why would the religious institution want to have this? The Chabad Center serves local

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local art schools, like the University for the Arts, and there are students who become

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very active in the group. Possibly an apartment could be for a student, it could be for a

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visiting scholar in residence, it may be for Rabbi Grudnitsky for his religious use along

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with his family on religious days when transportation is difficult under the traditional Jewish

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religion. I would like to note and you can see this in the refusal on the

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screen at the bottom that far greater density had previously been approved at

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this site. You'll see in the language at the bottom four dwelling units and again

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we're only seeking to document the two dwelling units which makes sense for

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this particular use as i mentioned at the start of the presentation we met with center city

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residents association in a very friendly virtual meeting and the letter is up on the screen i

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believe that wade albert council for ccra may be in the virtual room ccra does not oppose this

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project they did ask although it's not strictly before the board the religious assembly use

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they did ask that we confirm and document commercial trash pickup for the non-residential

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portions of the property. Even though that's not before the board, we are agreeable to that.

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I will move to the floor plans just so you can take a quick look. The previously approved

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religious assembly shows along the ground floor and also the second floor in the upper right hand

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corner of the second floor you'll see apartment one and the third floor which is not a full floor

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is devoted to the additional apartment the two apartments i believe that this is rather

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straightforward and at this time I would ask Rabbi Gronitski to please raise his

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virtual hand and Rabbi would you please identify yourself when you get along the

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full name and address please hi Rabbi Daniel Gronitski 1432 Catherine Street

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philadelphia pa19146 and would you spell your last name rabbi sure it's g-r-o-d-n-i-t

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Sure, it's G-R-O-D-N-I-T-Z-K-Y.

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Thank you.

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Would you swear to affirm to tell the truth, the whole truth, and nothing about the truth?

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Yes.

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Thank you.

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Thank you, Rabbi Grudnitsky.

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Have you had the opportunity to hear the full virtual presentation that I've shared with the Zoning Board of Adjustment on your behalf?

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Yes, it would be the same as you previously shared with me via email.

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yes and and the uh the presentation that i made verbally and visually within the last couple of

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minutes yes thank you and would you adopt and affirm the testimony that you've just heard me

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make as your own rabbi yes thank you thank you uh questions from the board no no no

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anyone else wish to testify in this case if so please raise your hand

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here i have wade albert wade you can unmute yourself and wait to be sworn in mr albert

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would you please identify yourself spell your first and last name and give us your address

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sure thank you uh first name is wade w-a-d-e last name is albert a-l-b-e-r-t of sobol s-o-b-o-l law

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group um 1845 walnut street philadelphia pa 19103 i do thank you thank you uh thank you mr chairman

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and members of the board uh i am here as council on behalf of the center city residents association

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and just here again to confirm that uh on april 28th of this year uh the applicant came before

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ccra ccra voted to not oppose this application provided that all trash generated by the non-residential

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portions of the property be stored internally and removed by a private trash holder um the

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this proviso was discussed with the applicant um and the applicant has has agreed to that so

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therefore i would respectfully uh request that if the zba votes to not oppose that you include

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this proviso in the license thank you very much thank you anyone else wish to testify in this case

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please raise your hand no other hands chair thank you cleaning commission

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good afternoon david effecto city planning commission mr chairman and members of the

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board this property is indicated for commercial and residential mixed use on the city's comprehensive

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plan we do not believe that two dwelling units will have an adverse impact on the block

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accordingly we have no objection to granting this variance thank you mi-2020-000341

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1603 my vote is yes with proviso commercial trash pickup

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my vote is just does it have to be specific though

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uh i there's a proviso hold on hold on hold on mr chairman pardon the uh interruption

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the uh the agreement with ccra is specific to the religious assembly okay i was sometimes i figure

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who's going to know what's true which trash belongs to who but so my provide the proviso

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my vote is yes with the proviso commercial trash pickup for the learning institute what was that

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again for the commercial portion or the commercial portion of 1603 lombard thank you very much

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yes with proviso yes with proviso yes with proviso yes with proviso good luck thank you

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mr chairman members of the board have a good afternoon you likewise thank you too calendar

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number mi 2020 001128 1155 daily street this is an application for a two-family dwelling in an

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existing structure it is refused because a two-family dwelling is prohibited in this zoning district

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which is rsa5

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Will the applicant or his or her attorney, whoever is representing the case, please?

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Phuong Ho.

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Yes.

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Ms. Ho, please spell your first and last name.

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My first name is P-H-U-O-N-G. Last name is Ho.

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H-O.

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Yes.

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Correct.

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And your address?

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It's 1155 Dallas Street.

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

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Yes, sir.

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For the stenographer, it's Daly, D-A-L-Y Street.

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yes 1155 daly street d-a-l-y thank you i got it okay miss ho have you sent in an exhibit packet

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Yes, 1155 Daly Street, D-A-L-Y.

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with proof of ownership tax compliance um yes i did you sent everything photos plans refusal

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is in advance and you've met with the rco and you have a letter

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okay miss ho you can now unmute yourself please wait for the questions to be asked

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before you provide the answer so the court reporter can get all information so now you can unmute

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yourself i can confirm this is sharon saletta i can confirm that all of the required materials

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were submitted okay great thank you you may proceed hello yes please yes um yes um i would

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like to change my first floor to residential um because that building is commercial and residential

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since the building on the first floor has not been used in a long time

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and it's been leaving empty.

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So I would like to attend to a residential.

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It's also helped with my income to help me with my family.

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And I also have recently I have a younger brother who lives in Vietnam

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just had liver cancer.

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So I also need that income that a little bit will help me

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to provide income for my family.

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So that's all I ask.

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I mean, and the people who live in that,

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my building, they also would like to stay there.

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And I liked the place very much.

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Uh, Sharon, do we have a copy of the letter from the RCO?

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Yes, I just sent you, I sent it to you by text.

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To an opposition, correct?

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No, that's before, to an opposition, right?

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Yes.

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Yeah.

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The reason is, uh, that's one lady came and she said, I, she asked me, uh, if the property is, uh,

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room for rent and I told her it's not room for rent, it's our family's rent. That's why the CEO say

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it's too many people who live down there but actually it's only four people who live there.

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Yeah but it could be more. Do you have any floor plans? Yes I do sir. Can you show us the floor plans?

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uh yes sir can you give me a minute because i'm not that good with computer i need help with my

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son can you put it on no rush thank you

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so she just went out as an attendee and now miss ho you will come back and as a panelist

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where you now have authority to share your screen thank you you do it you know how to do it

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No, you save it in the folder, right?

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Trying to see how they bring up the screen.

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Oh.

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Okay.

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Okay, so which one?

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It's the blueprint.

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Yeah.

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Is it clear?

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Why not that clear on me?

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Yeah. So this is my blueprint. I guess it's not that clear in the computer, but can you see it?

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Can you rotate it?

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Can you rotate it, please?

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No, rotate another side. This is upside down. Rotate again.

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Yeah, because it's upside down.

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Go one more time.

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One more?

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Yeah, that's it.

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Can you blow it down?

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Well, the first floor has three rooms with a kitchen, bathroom.

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The second floor also has three rooms, a kitchen, a laundry room, and a bathroom, a full bathroom.

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You're showing three bedrooms?

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Yes, they can also, it depends on how the the tenant use, they can use that two room

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the tenant use they can use that two room in one family uh living room or they can use at

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in one family living room or

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all three rooms so it's up to the rent to miss ho i'm sorry but could you please allow the

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chair to finish his question we want i'm sorry everything is on record so thank you very much

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oh thank you okay i'll repeat again okay your floor plan is showing three bedrooms on the first

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floor uh yes that's how they drove yes and is that is that three or four bedrooms on the second

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floor i can't make it is uh three so it's also three and three bedrooms okay uh that's i think

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for me right now it's all the questions any questions from the board not a single one yes

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Anyone else who wishes to testify, please raise your hand.

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No one at this time.

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Was the use of the first floor formally a doctor's office?

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No, sir, it's not since I bought it.

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It had not been used for anything.

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