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Hearing video

ZBA Hearing - December 10, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Dec 10, 20256h 33m

Thank you.

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good morning everyone my name is bill bergman and i will be sharing this meeting of the philadelphia

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of Zoning Board of Adjustment. With me is our Board Vice Chair, Tanetta Graham. Present, Mr.

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Chairman. Our Board Secretary, Shel L. Gaston. Present, Mr. Chairman. Board Member Michael

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Johns. Present, Mr. Chairman. Board Member Ty Wynn. Present, Mr. Chairman. Board Member Ryan

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McAdams. Present, Mr. Chairman. Also, here is our Board Attorney, Hillary Emerson, our Zoning Board

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Director, Ian Haggerty, and our Board Administrator, Lakeisha Dandy. Recording of the hearing will be

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posted on the website cba website by participating you consent to be recorded this is an in-person

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meeting with remote capabilities whether remote or in person if you're called to speak you must

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state and spell your name and then wait to be sworn in once you've been sworn in please state

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your name each time before beginning testimony any person may enter their appearance to become

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an interested party there are three ways you can identify the case address on your zoom webinar

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you can see a staff member or you can call the ZBA appearance line by the close of business

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tomorrow call 267-270-5548 leave a message that includes your email address and the address of

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the property of the appeal case the following guidance is for our remote attendees when

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directed raise your virtual hand in order to be recognized to speak if you're called to testify

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you'll be prompted to join as a panelist. Please accept the request and turn on your camera.

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The webinar Q&A is for questions about the hearing. Do not comment on the Q&A.

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And if you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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And then our in-person attendees, please refrain from talking, eating, or drinking during the

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hearings. Verbal and physical aggression will not be tolerated. Restrooms are across from the

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elevator. A water fountain is just outside the room to the right. When speaking on the record,

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you must speak directly into the microphone in order to be heard by all attendees and the court

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reporter. In the event of an emergency, please follow the directions given over the public

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address system or by the staff. The main exit is through the double doors at the rear. The nearest

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stairwells to the left outside the door. In case of an evacuation, the rally point is Love Park

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directly across Art Street. Please remain here so that we can account for you. Let's look at our

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schedule for today.

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Number four.

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MI

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2025

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003-594-917

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East Pachunk Avenue.

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This case

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is continued until

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until 4-8-20-26 at 9.30 a.m.

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And number five, we have no exhibits for this,

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and also there's a request for it continuance from the 13th Ward.

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MI 2025-003-596-4556 Wayne Avenue.

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Smalls Investment Group is the listed owner.

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Mohamed Jackat is the listed applicant.

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This is the first listing.

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We have no exhibits, and it's the 13th Ward in the audience.

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Good morning, Chair.

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This is Jasmine, and I will be your co-host this morning.

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I see no one in the audience with that name.

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Okay.

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So MI 2025-003-596-4556 Wayne Avenue.

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This is continued to 48-2026 at 930 a.m.

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Is there any other requests for continuances?

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I see no hands in the virtual audience. Thank you. So here's a few cases we do not have exhibits for.

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Number two, MI-2025-003579, 918 East.

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MI-2025-003-579, 918 East Chelten Avenue.

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This is the first listing and we have no exhibits.

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Lakeshore Real Estate is the LLC listed owner.

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Libio Matos is the construction company.

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Is there anyone in the audience from there?

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I see no hands at this time, Chair.

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So MI-2025-003-579-918 East Shelton.

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This case is continued to 48-2026 at 930.

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Mark must be heard.

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Number two, MI-2025-003-588-5720 North Marvine Street.

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This is the first listing.

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We have no exhibits.

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Valerie Crawford is the listed owner applicant.

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I see no one in the audience by their name, Terry.

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Okay, so number three, MI 2025, 003-588-5720 North Marvine Street.

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This case is continued to 48-2026 at 930.

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And number seven, MI-2025-003-639-843-North 42nd Street.

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Sarkis Dalanton is the listing owner.

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We have no exhibits.

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This is the first listing.

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Sarkis will be promoted to panelist.

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hello can everybody hear me i can sir could you please could you have your video could you turn

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that on thank you sir could you state your name and spell for the stenographer my name is sarkis

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S-A-R-K-I-S

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D as in David

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O-V as in Victor

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L-A-T as in Tiger

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Y-A-N as in Nancy

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Do you swear or affirm to tell the truth

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the whole truth, nothing but the truth?

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Yes, sir.

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Sir, we do not have your exhibits for the case.

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I did not

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submit the

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exhibits needed. I did not receive any

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email or where to

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send it to.

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Okay, so what we're going to do is we're going to continue your case, and please get a hold of the office prior, and we'll make sure that you know exactly everything you need to have, okay?

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Okay, who do I need to contact?

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Sorry to interrupt.

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Who do I need to contact?

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um it'll be there you can cut sir you can contact rcozba at phila.gov or you can call our office at

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215-686-2429 rcozba at phila.gov and what was the number one more time for me please 215-686-2429

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I just want to repeat the telephone number, 215-666-2429.

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I'm going to repeat it one more time. 215-666-2429.

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The three middle numbers, you got disconnected. I can hear the three middle numbers.

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6-8-6.

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6-8-6. Okay, thank you, Ian.

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All right, so number 7, MI-2025-003-639-843 North 42nd Street.

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That case is continued to 48-2026 at 9.30 a.m.

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And number 13, MI-2025-003-720-6169 Oxford Street.

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This case has been dismissed, has been withdrawn, I'm sorry.

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And number 14, MI 2025, 003-780-2917 North 22nd Street, this case has been withdrawn.

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Going to go to our add-on list first.

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number one mi-2025-005-528-3017 susquehanna avenue i vote yes michael johns my vote is yes

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um i'm recusing tanetta graham i'll recuse from this case

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girl gas and my vote is yes i win my vote is yes ryan mcadams my vote is yes

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thank you number two mi 2025 002 848 5900 rising sun avenue this case has been withdrawn at the

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5900 Rising Sun Avenue. This case has been withdrawn at the request of the applicant.

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request

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Number three, MI 2025, 003-570, 1630 Willington Street. I vote no.

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Michael Johns, my vote is no.

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Daryl Gaston, my vote is no.

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Tynetta Graham, my vote is no.

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Ryan McAdams, my vote is no.

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Iowan, my vote is no.

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we're going to go to our regular list number one mi 2025 002 663 28 to 30 west hayne street

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isaac and jordan holland townsend are the owner applicants

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sure come on up

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whatever you're more comfortable with how's that sound

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Could you turn on the mic

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And make sure it's close to you

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Do it again

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No

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Testing

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Yeah right

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Sir could you please state your name

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And spell for this stenographer

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Isaac I-S-A-A-C

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And last name Howland Townsend

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H

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Last name

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H-O-W-L-A-N-D

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And it's hyphenated

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Townsend, T-O-W-N-S-E-N-D.

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

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Yes, sir.

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This application is for use as a visitor accommodation in one of the structures, with

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existing two-family household living to remain in the existing structure as previously approved.

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The proposed use visitor accommodation is prohibited in the RSA 5 zoning district.

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The proposed use visitor accommodation creates multiple principal uses on the same lot, which is prohibited in the RSA 5 zoning district.

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The board, West Germantown Neighbors, requested a two-year variance, okay?

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Our vice chair has a few questions for you, sir.

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Sure.

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Good morning.

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Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, I actually submitted them within the five days, but I contacted and was told it was fine.

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Okay, and the chair just read the refusal for you, so do you waive the reading of this refusal again

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and stipulate to the accuracy of the refusal?

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Yes.

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Okay, thank you. You can proceed with your case.

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Okay.

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okay so here are my exhibits um we we have that we have all the exhibits you were supposed to put

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it into okay so you can go right through it okay um yeah i'm as far as my case um i'm a

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licensed architect and i'm you know why don't you do this why don't you as you speak why don't you

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show your uh photographs okay okay yeah i'm sharing my screen okay so as far as the physical

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you know extents of the property this is the frontage being shared on screen um the primary

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um dwelling is the left three-story structure 28 west hains which is my home address me and my wife

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reside there um then there's an eight about an eight foot alleyway and the subject um premises

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of this the proposed change of use is um to the right side behind the tree 30 west haynes

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would be the house number um and this is looking south on southeast on west haynes street

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um here's the frontage here's my zoning notice in the window um another one and here's the in

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the interior which this is the restroom and this is the about four 350 square foot interior which

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is just a studio, which is currently occupied by a relative and has previously been used

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as monthly 30 plus day midterm rentals through the Airbnb platform.

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And this is essentially, we're just hoping to utilize this variance to achieve nightly

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you know under 30 day um stays through that platform through that rental um through that

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means of renting the property um just for additional income support um covering the

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mortgage expenses of the property it's quite simply it you have any other photographs there

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um yeah additional angle looking back looking towards the rear sort of from the front entry

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towards the rear and the restroom um yeah i think that concludes the photographs i do have a

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site plan at the end um why don't you put your site when you put your site plan out so yeah here

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is like so yes again the left side being a three-story house um and the right side being the

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one-story studio dwelling um and then a pretty expansive rear rear yard um that is shared between

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expansive rear yard that is shared between the two so the right where the red text is is this

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the two.

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would be where you know the use change would be taking place with no physical work okay questions

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from the board does the left right side have access to the yard yes yes and all of the yard

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or like in this diagram which sections of the yard do they have access complete everything

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um that may be the one but yeah essentially through that rear entrance about the rear doors

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here at this area where my cursor is and yes you can proceed out into the whole yard so if you

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offer that as uh airbnb are the uh the patrons allowed to use a yard or is there kind of

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restrictions on a time frame they could use a yard so forth and so on yeah we would we would

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just request you know any we've i believe in our text we just requested like notice of if they want

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to use it just heads up but not yeah and I'm pretty sure we put like you know no ruckus after

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follow city ordinances etc. Is it your plan to manage the whole property yourself or are you

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gonna hire a property manager? At this time that is the plan um and thus far it has went you know

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it's been manageable um if that were to you know become over extend you know become a burden i

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would potentially seek that um yeah if expenses allow have you talked to your neighbors at 26

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west hanes or 32 west hanes i've i have a um 30 west yeah or um i believe it's 34 or 32 yes um

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um the the occupant not the owner as much on that side and they're you know they seem fine with it

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um the other side i believe is a gentleman who owns the remainder of the block to germantown

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avenue i've met him but haven't spoken at deep in detail with him about anything but i would hope to

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in the future and were there any complaints from neighbors or any issues

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when you had the monthly tenants prior uh not at this time

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questions from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual or the current audience here

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yes chair i have a hand up by the name of charles richardson i'm going to promote them to

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