civus
Hearing video

ZBA Hearing - September 23, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20267h 31m

I don't know.

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That just doesn't make sense to me.

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Yeah.

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I don't know how you buy something as a triplex and you walk in and you see another unit and you go, oh, wow.

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I was aware of it when I toured it for the first time and all that.

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This wasn't a surprise.

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I think my last question, what size mattress is in the sleeping?

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Is that a full size bed in the sleeping wall?

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Yeah.

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It's either a full or a queen.

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but one of the two okay my question is regarding your trash so has it been working out um with your

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three tenants that all the trash has been stored outside of the property uh yeah there have been

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no problems uh no complaints it's usually me or a different tenant will take it out on sunday

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nights and bring it back monday it you only have to drag the cans like two feet to the curb so

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I also want to confirm that you're not opposed to a certificate of occupancy.

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Correct. I'm not opposed.

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Correct. I'm not opposed.

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And I just want to let you know.

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And I just want to let you know, I mean, this has nothing to do with zoning, but I'm pretty sure that this is not a code compliant livable unit.

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So I just want to warn you because there's a few things that I think you're going to have to do that would require extensive reconfiguration of this kitchen where you only have about five feet of kitchen.

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Yeah, I figured zoning first, right?

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Okay. I just let you know.

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thanks but but sir the the fact is you bought this as a triplex you agreed to buying a triplex

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yes okay other questions from the board questions from our attorney uh yes i just have a quick

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question you mentioned something about parking that wasn't mentioning your application or refusal

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i i was i was confused on what you were mentioning about parking or let me uh pull up a picture to

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help explain so right here the curb is cut out a little bit and I'll pull up a

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different picture right here so if my understanding is correct that's not a

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legal parking spot because there's a curb cutout and obviously getting this

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apartment legalized would allow people to park here legally therefore one more

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spot on the street no i don't believe that's correct that you can park legally there

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it's a sidewalk right now i'm not saying you can park that was a converted girl i'm pretty sure

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that the sufficiency was the converted garage and at some point somebody closed up access to

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the basement from unit one okay um anything else no that's okay thank you questions or comments

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from the virtual audience no answer planning commission thank you chairman and good morning

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david vecto with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the rm1 residential multi-family zoning at this location this

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neighborhood still carries its original 1933 zoning under the current zoning three dwelling

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units are allowed by right the appellant seeks to legalize a fourth dwelling unit built without the

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benefit of permits planning staff is concerned about the ability of a tenant to exit the fourth

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dwelling unit in case of an emergency the appellant has not shown that they cannot derive value

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from a three-unit building the city planning commission recommends the board deny the proposed

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use variance for a fourth dwelling unit mi 2026 002 169 901 belmonton avenue i vote no michael

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johns my vote is no cheryl gaston my vote is no tennessee graham my vote is no ryan mcadams my vote

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is no tyra with my vote is no thank you sir um number 16 on the on the zoning list and our number

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3, MI-2025-004-485-2169-66th Avenue, Brittany and Christopher Jones.

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This is the resumption for amended refusal, am I correct?

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Brittany Jones is coming in as a panelist.

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Okay.

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hi yes i'm here all right i could you please state and spell your name for the stenographer

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b-r-i-t-t-a-n-y last name j-o-n-e-s you swear or affirm to tell the truth the whole truth and

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nothing but the truth? Yes. Okay. Um, so like matters before we start, this is more than a

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resumptive. Where do we stand with this counsel? Um, no, this is, uh, we need to, um, hold on one

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second. We need to, with regard to the testimony, find out what's really happening in the building.

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So we may need to have a resumption if they need to get a, uh, amended or refused. We're not sure

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what's happening in the bill okay so uh our vice chair has a few questions for you good morning

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have you submitted your documents and exhibits 14 days in advance of this hearing um yes i've

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been working with an expediter uh zakiya sample and she submitted it and to my understandings

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um you guys sent us an email about one of our documents wasn't clear in the picture

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Okay, so why don't we start? Why don't you start presenting your case, and we'll see where we stand.

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Okay, so why don't we start? Why don't you start presenting your case?

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I wasn't prepared to go today because the email that I received via my expediter

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said that you previously received the email from board counsel notifying you that your ZBA hearing

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will be continued due to a missing exhibit item okay all right we're okay with that

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council sure all right so um this case hold on here let me figure here

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this case will be continued then to 2 17 27 at 9 30 a.m

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thank you ma'am for coming in and giving us that information too we appreciate it

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okay thank you mr chairman i appreciate it you said 217 correct i did i did yeah okay okay great

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and then then we're going to um go to um number six mi 2025 007 716 4045 spring garden street

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kevin valentine is the attorney

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Kevin Valentine has his hand up.

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He has been promoted, but it's two of them.

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Mr. Valentine?

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He's rejoining now.

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kevin valentine you have been promoted and you're free to speak

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can you hear me yeah good morning good morning council could you please state and spell your

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name for the stenographer yes good morning my name is kevin k-e-v-i-n valentine v-a-l-e-n-t-i-n-e

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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 but do you identify your client the relationship to this property

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yes my client is mr sao chin or danny lee and he is the owner of the property at 4045

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Spring Garden. And our Vice Chair has a few questions. Good morning. Have you submitted

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your documents and exhibits 14 days in advance of this hearing? Yes, ma'am. And do you weigh the

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reading of your refusal and stipulate to its accuracy? Yes, ma'am. Thank you. You can share

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your screen and proceed with the case. Okay. Can you see the screen? Yeah, we're waiting to see

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anything on it. We see a blank screen. You're good. You're good. You're good. Okay. All right.

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Well, I guess I'd like to just briefly go through the procedural facts here. We have,

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we have all your documents but oh okay you might want to start by saying what is it you're trying

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to do all right my client is um appealing the variance so that he can convert the property

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to a duplex um he purchased the property in 2011 um and at that time the majority of that block

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was RM1 for multi-unit properties. In 2015 the zoning designations changed in

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the area and his property was changed to RSA 5. Now because he had ceased

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operation in 2012 he was not granted non-conforming status as all the

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surrounding properties were. He did obtain a vacancy license

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during that period of inactivity and is now coming to the board to try to get the variance

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so that he can use the property as a duplex as the surrounding properties are.

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And do I understand right, you originally asked for seven units?

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No, no, that's not correct.

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Originally, when purchased in 2011, it was a seven unit building.

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Okay.

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My client went to the RCO trying to get a triplex after negotiation.

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it was brought to our attention that

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they would not approve a triplex

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but they will approve a duplex

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so that's why we're back

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then why don't you do this, why don't you show us some photos

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and some plans

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okay, alright

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just scrolling down

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let's see

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bear with me

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let's see if I can do this any faster

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okay

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okay

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that's your posting that's the posting yep okay and this is the posting um you can see in the

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front window of the property yep okay more postings again posting um plan shop these are the the

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emailing yep okay this is going to take a minute there are a lot of mailings

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should be coming up pretty soon

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This is the RCO, the community notice letter. And let's see after this. Here we go. Here are the plans for the proposed property. There are. And Danny, are you here right now, Mr. Lee?

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The property, I'm just waiting for Mr. Lee to come on, but the property is used, again, as a duplex.

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As you can see, I believe we have two bedrooms per unit.

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Those units would be divided between the first, second, and third floor.

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your basement would be used um as a media a workout room and um a utility portion but before

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i go further into detail i'd like to get mr lee um on the line i think he had his hand up

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um i did not see his hand up would he be under your name i don't think so no hold on let me

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because there is a hand another hand up under kevin valentine oh oh let's see i wonder is

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i'm wondering if i did not put my hand down or if that's actually him let's see let me just ask him

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are you on

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let's go here

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i mean can you explain it or you don't know enough about the drawings um i know i know

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i can answer basic questions about the drawing um but mr lee is mr lee mr lee in the audience

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anywhere i do not see him mr lee yeah oh sorry this is this is ian uh he's there under kevin

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valentine's name let's promote that other kevin valentine to panelists please and bring that person

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got it he's been promoted okay mr lee could you please state and spell your name for the stenographer

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maybe he needs to unmute

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mr valentine this is lynn reidelhuber board council can you make sure you identify mr lee

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as the owner because you refer to him as danny lee but we have a lease that indicates his first name

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is sao chin yes when i just if you can just make sure that's on the record thank you yes yes yes

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when i um initially mentioned him i said sao chin or danny lee mr lee

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yes i mentally could you please state your name and spell for the stenographer yes uh this is sao

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Hi, Mr. Lee. Could you please state your name and spell for the stenographer?

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Yes. This is Sal Lee. First name Sal, S-A-U. Last name Lee, L-E-E.

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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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Counsel, why don't we move on?

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Okay. All right. Mr. Lee, can you give us a basic description of what the project entails?

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Can you see the plans right here?

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Yes.

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okay okay so this will be um proposing a um two residential unit both has um uh two bedrooms uh

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two and a half bath uh and a large kitchen um the unit one which consists of a basement first

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and second and the union two has separate entrance from the outside which is the second rear and the

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whole floor third so both has a separate entrance um so why don't why don't you go over the first

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floor the first apartment first okay so the the first first apartment would be the door on the

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left right and then once you walk in uh you'll have an open ceiling or a lower floor you can

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see the lower floor uh and then the staircase going up and down which is going to the basement

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and to the second floor and then after that uh you have the kitchen a full-size kitchen with an

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island and then towards the back uh will be a full-size uh master bedroom uh with a closet

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and and a bath and then if you walk to the basement will be a gym uh living room space

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and storage area and a mechanical room and then if you go in the upstairs to the second floor

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front will be the bedroom, a master bedroom, a bathroom, and then some work space.

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And if we go into the second unit, it will lead up to the second floor rear,

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and it will consist of a powder room, utility room, a full-size kitchen with an island,

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and then walking upstairs would be a two-bedroom one in the front and one in the back and a larger

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living room space in the middle uh also with um an open uh ceiling plan so which is like 20 feet

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high ceiling

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counsel is that your presentation um i let's see let me give you a

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can you see this rendering i i we can okay um this is a general rendering i'd like to

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To point out though that the larger garden to the left would only be about half that

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size because there is an entrance there that would lead down to the basement's utility

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closet.

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And the garden that you see to the right would not be there at all.

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these are renderings would not be there at all because that's actually the beginning of the next

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property can you see what i'm talking about here we can okay so yeah i just wanted to clarify um

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what was actually accurate in that in that rendering um

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we um again we initially um went to the rco um they explained to us that they were not

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in favor of excuse me a triplex so we paired the plan down to a duplex they

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approved it with provisos with two provisos one being that mr. Lee would

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contribute to the West Powleton clean and safe initiative to address their

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concerns about neighborhood community neighborhood maintenance and that sort

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THING SO WE CAME TO AN AGREEMENT THERE AND THEN FINALLY THEY HAD SOME CONCERNS ABOUT CURBSIDE

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APPEAL, MR. LEE AGREED TO PLANT A SMALL TREE TO ADDRESS THE CURB APPEAL ISSUES LIKELY USING

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THE CITY OF THE STATE'S PLANTED TREE PROGRAM. OKAY, THAT'S YOUR PRESENTATION.

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ARE THERE ANY QUESTIONS THAT YOU HAVE? QUESTIONS FROM THE BOARD.

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YEAH, I HAVE A FEW QUESTIONS. ONE, I JUST WANT TO POINT OUT FOR THE RECORD THAT RENDERING IS AI

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and is not accurate to the existing conditions or the floor plan um so you have to be real careful

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when you use ai because it is not accurate understood which is why i kind of pointed that out

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understood which is why i kind of pointed that out yes i don't know you pointed out the drawing you

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Yes, I do understand.

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pointed out the the uh greenery not the fact that the porch is actually the entire front entrance is

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completely incorrect to what isn't drawing or existing um well you have critical to this

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conversation so you have yeah go ahead good question when i'm looking at the uh what i'm

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looking at right now i see the two doors and i see the door sized window to the i guess left of the

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doors is that what you're referring to well like do you see in this drawing how the the porch does

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not go the full length of the property in your rendering you also are showing an entrance to

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the basement yes yeah well the basement is what i had addressed when i said the um sure either way

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the drawing is incorrect the point is that the drawing is incorrect so all right my uh question

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my first and the most important question i have right now is what is the egress out of the basement

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you're showing extensive living space in the basement with no egress wells

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Mr. Lee hello

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yes did you did you hear that question um yes so this um egress well um I mean we could add

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egress well to do this you're going to have to legally add an egress well to have an occupied

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