civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

presentation today.

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So members of the board, I'm seeking to share my screen at this moment.

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Are you able to see that members of the board chairman? Thank you. Yes. So members

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of the board, we're here today for a single-family home that my client Mr.

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hoggard picked up seeking to do some renovations to it and essentially as a result a couple refusals

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have been triggered we have full support from the community after several community meetings

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so we'll just go through the details and for the purposes of this record i'll go through my

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packet as well i have the refusal appeal and product information form at page one

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area zoning map at page six deed for the property at page seven tax clearance at page 13 zoning

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notifications at page 15 or rco letter of support page 21 photographs of the property at page 23

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and then floor plans of the property through the end of the packet as well

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looking at page three of the packet members of the board we're now looking at the refusal

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the application as i stated was for the erection of a one-story addition that an existing single

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family home we got two refusals in this case one is for minimum front setback in this zoning

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district which is rsd1 it's required 35 foot setback we're proposing two feet 42.42 feet

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the reason that it's so small members of the board is essentially we're seeking to build an addition

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to a garage on an existing driveway that comes closer to the street so that's that first refusal

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the second is for the side yard width and again with the construction that garage we end up as a

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smaller side yard we're located directly next to the park and I'll indicate that when we get to

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the photographs of the property as well along with the area zoning map just proceeding through the

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packet members of the board what we're looking at now is the area aerial view of the property to the

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What we're looking at now is the aerial view of the property.

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To the top, we see the area zoning map, RSD1.

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At the top, we see

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The property itself is indicated in purple.

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That green area to the south of the photograph, that's the park that's immediately next door.

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You see my client's property where I'm circling with my mouse cursor at this point.

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It's essentially at the intersection of 72nd Street and Brentwood, and is that corner property indicated right here.

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from this overhead shot we can see where i'm indicating with my cursor an existing driveway

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that leads to a one car garage this is where the new garage will be built members of the board

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and it will be closer to the street which triggered that refusal however if you notice

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because this property is located directly next to the woods it won't be interfering with anyone's

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sight lines it won't be interfering with anyone's use enjoyment light or air on their property at

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all just going to be a little bit closer to the park that's here

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paging through the deeds at this point members of the board in fact what i'll do

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i'm just going to pop this at a full screen so i can get to the photographs of the property members

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um what i'm showing at this one before i get to the photos everybody

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is

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the letter of support from the rco it was a joint meeting between the two local rcos

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uh it was a republican rco and the democratic rco as you can see we had our meeting that was

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held virtually on june 23rd 2020 at 6 p.m

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we had six members voting in support one in non-opposition

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what i'm showing now members of the board is page 23 of my zoning packet which is the area

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photographs of the property itself

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up to the top right here where i'm indicating with my cursor this is 72nd street directly in

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front of us this is the woods and park area that's off the left single family homes are off to the

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right to the bottom left this is brentwood road members of the board to the right is the subject

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property itself at the corner you can see the zoning sign that i originally posted at this

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property for our first hearing which was scheduled for some time ago i believe back in february

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going to page 24 of my packet members of the board we can see the subject property itself

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currently a one-story home the upper right hand photograph members of the board again

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a photograph showing the one-story home. We seek to build an addition, which keeps it under the

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maximum height. It will be two stories at that point, five bedrooms, to allow for better use

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of the property itself. As the home itself being one story, having no basement is a little bit

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small. As Mr. Hoggard wishes to move his family in, they just need that additional space to make

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it more habitable and useful for them. On page 25, we can see additional photos of the postings

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with the zoning signs for the rescheduled hearings.

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Page 26, we see more of the same.

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Members of the board, I'm now showing Appendix 1,

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which is the overall zoning plan.

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Zooming in on this, we can see exactly

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what our refusals are for, as I discussed earlier.

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This is the three-foot give or take setback from the street

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because we are constructing this new three-car garage

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along the existing driveway.

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The area off to the right where the property line

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is indicated here on this plan,

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this is the woods and park that I've previously discussed.

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So this is our refusal here for the front setback.

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Here, where I'm indicating off to the right,

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this is our refusal for the side setback.

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We're not interfering with anybody else's use

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or enjoyment of the property whatsoever.

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This is the elevation of the property.

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Zooming in on this so the members of the board

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can see the overall height.

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we're only going to 32 feet 8 inches which is keeping in mind with the other

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houses that are in the area while there are some one-story homes or a number of

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two and three-story homes in the area as well we're not planning to go any

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taller than any of those it's a side elevation this is showing the new

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constructed proposed three-car garage there's a balcony at the back of the

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house that we're proposing as well again not interfering with anybody else's use

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for enjoyment of their property. This is the floor plan of the first floor with a proposed

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three-car garage. The existing driveway would be directly located next to that. We have multiple

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bedrooms on the ground story, a handicapped accessible restroom, large kitchen area, dining

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and family area, a rear terrace as well. Going to the second floor, we again have one, two,

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three bedrooms available on that nice walk-in closet large bathroom

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three bedrooms available on that, nice walk-in closet, large bathroom, larger living area towards

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the middle, recreation area study, and then a nice deck at that second story. This would be the roof

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of the proposed three-story garage off to the bottom right. Members of the board, my client

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seeks to live here with his family. They just need to do these improvements to the property so they

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can all live there comfortably. My client is currently on the line, so Jerry, if you're still

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there, if you wouldn't mind please raising your hand so you can be unmuted. You will be sworn,

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and then I can ask you a couple questions.

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can you hear me mr hoggard are you there yes i'm here okay perfect mr hoggard uh will you please

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state your name spell your last name and give your address for the record i'm jerry hoggard

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first name jerry j-e-r-r-y last name's hoggard h-o-g-g-a-r-d current address 116 east montgomery

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avenue unit 313 rmoor pa 19003 now mr hoggard uh the chairman's going to swear you in thank you

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Mr. Hoggard, do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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All right, Mr. Hoggard, you've heard my testimony today?

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Yes.

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And you're the owner of 7200 Brentwood Road?

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Yes.

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And I'm correct, you're going to be moving there as your primary residence?

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Yes.

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Do you have anything you'd like to add to my presentation today?

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No.

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And do you otherwise adopt my testimony as your own?

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Yes, I do.

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Thank you, Mr. Hoggard.

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I have nothing else for you.

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members the board we're happy to take any other questions at this time any

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questions from the board no no anyone else wishes to testify in this case

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please raise your hand

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no hands at this time chair thank you planning Commission mr. chairman and

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members of the board this property is indicated for single-family use on the

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City's comprehensive plan. We believe that this use does not propose any negative impacts to the

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surrounding areas. Accordingly, we have no objection to granting this variance. Thank you.

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Calendar number 39644-7200 Brentwood Road. My vote is yes. My vote is yes. My vote is yes.

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My vote is yes. Thank you, members of the board. Have a good day. Thank you. Do likewise. Thank you.

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Confessor, let's do the North 53rd Street.

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Okay.

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Calendar number 39023, 428 North 53rd Street.

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Okay.

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This application is for a daycare center on a basement and first floor

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and second floor household living one family dwelling in an existing structure no signs on

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this application the proposed use is refused for the following the proposed use for a daycare center

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is prohibited in the zoning district ma'am miss cartwright you can put your video on now

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Ms. Cartwright, you swear on the perm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I am.

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Okay, can you please identify yourself, spell your last name for the record?

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I'm Madeline Cartwright, C-A-R-T-W-R-I-G-H-T.

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helper we just had her video oh you put it back thank you

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good you got it now you good is it going now no

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she said you just had you clicking them things so fast

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now you have it yes thank you thank you can you put your address for the record please

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428 north 53rd street philadelphia 19139

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that's the property

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that's the property address right frank you're muted

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she says carbright can you please uh proceed okay i'm uh requesting to uh this is my property

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i've had i've owned it since 1961 well my brother and i and uh he passed away so now since the last

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20 years. To make a daycare there, there are, I'm a retired school administrator and my daughter is

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a daycare, she's qualified, she's certified to be a daycare with her own childhood degree.

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Anyway, we have met with the committee and we have the okay of the committee and the area

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is in need of daycare. There are no daycares within four, five, six blocks of the place.

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And I'm looking for your approval. Ms. Cartwright, you have any pictures, anything you could share

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with us so we can see? Yes, we do. Thank you. This is Sharon Saleta. We did receive a letter

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of support from the RCO on this appeal? Yes, push it.

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Lots of pictures, lots of everything. There we go, look. Okay. All right. So Helper, did you share

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your screen first? She said, did you share your screen? Yes, we're doing it right now. Okay.

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can you see it it's coming up now there we go so could you maximize it though sure maximize it

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make it bigger

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yeah so if you look at the right hand corner yes the page yes maximize that

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because we only see like a third of the screen of the actual document

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okay make it bigger all right if you go up to the corner right hand corner there should be a box a

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square all the way at the right corner you should be able to click that it should open it all up

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oh so in the corner right here it says view options it's not my corner it should

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be an X all the way at the top right corner instead of the X you're gonna hit

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square. Over at the top, she says.

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She said right. Over at the right.

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Oh, right here? Is this it? No.

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Do you mind if I take control and see if I see it? Yes, yes.

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yeah it's something that's not preventing it for the whole thing to open yeah there's a

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there's a black rectangle black vertical rectangle right in the middle of the screen how would you

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read that i'm not sure i don't see it on my end all righty so if you um go to the next page let's

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see what happens. Okay. This is Sharon Salete again. If the board members are able to access

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your email, I did also just email you the photos.

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Okay, I gave up remote control, so you guys can... Can you see it now? There's something now. Can you see that?

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There we go. We did it. Thank you.

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mr chairman uh i'm back yeah now there's what i would have wanted you to show them was the front

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of the building first right here click this see this is this is the entrance to the basement

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can you see that can you see that okay i had i had that um five six years ago i widened this

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entrance to five feet going into the basement and I did that uh without what before I do

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began this daycare idea I did all right then after that I um yeah you do the clip and hurry up

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All right, then after that, I, yeah, you do the clip-in, hurry up.

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See if you can get, then there's the front of the building.

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This is the pavement here, and this is the first floor and the second floor.

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This is the door closed, or it does, there's the door open.

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That's inside of the daycare.

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That's coming into the, coming out of, coming for the pavement into the building itself.

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It's just one long basement. There are no partitions in it. It just goes straight back

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to the back. The lot itself is 16 by 7. The basement itself is 16 by 74. The lot is a little

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bigger than that. Here's another view of the basement. Now what I did here, and I had done

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this before. This was done years ago too. This is a window. I put a window right here a little

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far up from the floor because i wanted to bring light in for just my general remodel this redoing

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this basement a couple of years ago uh i'm not sure what it's on i'll tell you what it is this

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you see a yard there i'm sorry miss cartwright and helper so when you go to a different document

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you would have to make sure you click on the document so that the red box is around that

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document that's the only way we'll see it we're still see looking at your diagram of the basement

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the black and white now do what he says do this she said she's what should be one that he looked

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this is the last one you all saw here all right yes we're still looking at your black and white

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of the existing apartments in the basement okay can you see this one can you see the door open

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no so here's what you can do you can click share screen again right to come out of this

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then hit share screen again and click on the document you want us to see who share screen

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share screen okay now hit share screen again and then go into the very document you want us to look

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at okay now you saw the door open coming in now i'm going to show you the inside show that one

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there. Okay. Go to the next one. She saw that one. We know what we see in this now. The chair can see it.

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Okay, the chair can see going into the basement from the outside. Yes. Okay, that's where you come

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