civus
Hearing video

ZBA Hearing - September 23, 2026

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

basement correct okay so what's the plan for the egress well um on the alleyway uh on the side

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three foot alley we could add egress where the uh the gym is you have the hvac there i mean

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The other issue, you know, that I'm going to speak on is the fact that the bedroom is off of the backyard in a unit.

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So there's no other access to the backyard except through that bedroom, which is always a bad situation when you've got, you know, units that have more than, that are not efficiencies, essentially.

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um so it's resident useless and you're you know you're doing all this work creating all these

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stairways and all these openings but you force people to go through a bedroom to go to a backyard

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which i think is um it's not the it's horrible other questions

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and the other thing what do you what's the trash plan well trash is um picked up in this

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neighborhood on um in terms of in terms of storage how is your trash stored where you

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plan to store your trash well the trash would be stored um in units until that monday when

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trash is collected is there if you have dedicated trash rooms in the units and ventilated

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danny can you speak to that i i we actually we do it in a basement in the front where the staircases

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uh we we could put two trash cans down in the basement so that's that'll be ventilated

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so your plan now is to do trash cans in the in that uh basement area under the porch correct

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okay what's the depth of the basement below grade uh approximately seven foot six no what's the

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depth of the basement below the i'm sorry below grade uh the four four foot four and a half foot

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And then just to confirm, the first unit is the basement, the first floor, and then the

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front portion of the second floor.

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Second floor, right.

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Yes.

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Okay.

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what what is the deck up is there a deck on the second floor is that a note that says deck

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there's no no there's no in the breezeway what is that is oh is that that first floor

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there's no no there's no data in the breezeway what is that is that

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just extends beyond it oh that's the roof below okay i don't think i'm going to slow down i don't

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think we're still down i'm going to be in now if it's not going to come back here

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questions or comments for our attorney um yes uh attorney valentine you need to have your client

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adopt uh your testimony what's that he needs to have his client adopt his testimony he didn't

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he didn't do that uh okay mr lee can you affirm that um my testimony today has been um true and

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correct yes questions or comments from the virtual audience

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there are no hands landing commission

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thank you chairman and good morning david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa 5 residential

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single-family zoning of this location. The city rezoned this neighborhood in 2015 in accord with

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recommendations in the comprehensive plan. At that time, this block was zoned RM1, residential

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multi-family. Most of the homes on the north side of this block face have three dwelling units,

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so the City Planning Commission recommends that the board grant a proposed use variance for two

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dwelling units. MI 2025 007 716 4045 Spring Garden Street, I vote no. Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no. Tynetta Graham, my vote is no. Ryan McAdams, my vote is no.

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Taya Nguyen, my vote is no. Thank you, sir. Thank you.

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Number 13 and 18 on the list, MI 2026-002-138-828 Ritner Street.

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Zen Jin is the attorney.

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We do have letters and positions of opposition to this project.

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good morning good morning counsel could you please state your name and spell for the stenographer

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yes my name is zenjin z-h-e-n-j-i-n do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do counsel could you identify your client a relationship to this

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property. Yes, my client is Ms. Tsleijan Deng, the owner of the property. Right, and our vice chair has a few questions for you.

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Good morning. Have you submitted your documents and exhibits 14 days in advance of this hearing?

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Yes. And do you waive the reason of your refusal simply to its accuracy? I do. All right, thank you.

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You can share your screen and proceed with the case. Thank you. I'm going to share with the board what was previously submitted as

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exhibits. It should be coming up on the screen. Yes, sir. Thank you. So this is an application

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for the property located at 828 Rittner Street. The refusal indicates that we are asking for a

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two-family household living in a CMX1 district. In the CMX1 district, normally whatever is the

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most restrictive residential district next to the property would be also the restriction against

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this property. The most restrictive being RSA 5 near this property. Therefore, our request for

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two-family household living was refused. We met with the RCO. I actually have the RCO letter as

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a separate attachment exhibit because at the time we submitted our exhibits, we did not have their

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feedback yet that was received today by my office i will address their comments as far as their

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basis for refusal and opposition so as the board can see this is a corner property but it is a

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corner property on a small side street that also faces retner street there are multiple of these

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little streets between the major streets such as 8th street to 9th street and this property itself

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falls kind of in the in the corner type situation without being really on a commercial type corridor

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street such as 8th street which is a lot more active this property was purchased by my client

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buying in 2021.

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And at the time of purchase, the property was previously zoned as a CMX-1 with a vacant commercial space and two residential units.

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And at the time of purchase, the property was

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my client had to do some work on the exterior at the time because at the time of purchase

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the certificate the property certificate indicated there were some requirements that

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has to be met including exterior repairs as well as mechanicals being installed uh before

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I'm going to zoom into the plants uh this is the layout that we are proposing but

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But the history of it is that after purchase, after some of that work was done, the property

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was put into use and then got a violation for getting rental licenses as well as updating

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the use permit.

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So at the time, she hired an expediter who applied for a use permit that was indicated

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it as vacant commercial on one unit, and it's the way that it was applied for. That was approved

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and essentially carries over to the current situation where after about a year of trying

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to rent this commercial space, my client decided to simply convert it to a residential unit because

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it wasn't really renting for that period. That is what triggered the current violation.

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Now, the RCO's letter primarily objects in that one, they indicated there are multiple violations

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on the property. That is simply not true. There are only two open violations. I think the RCO's

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looking at atlas which any property will have all its prior violations in history listed as

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violations which yes there are in history of this property probably some 30 some violations

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but there actually was only four or five relating to what i just discussed since my client purchased

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and none of those violations related to uh the claim of trash or anything of that nature the

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the property itself was updated over time. And I think the fact that it was purchased with some

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vacancy and needed some work at the time of purchase essentially affected the prior variance

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approvals or the prior approved uses of the two family and vacant commercial that was actually

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obtained by my client at the time of purchase. What I'm going to do is I'm going to actually

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show the board uh the property certificate real quick that was the uh issue to my client at the

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time of the um the purchase so this this property was purchased in uh april of 2021 by my client

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from a Mr. Michael Chen. And at the time, the property was a vacant non-residential space and

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two dwelling units on the city records. However, it does say that at the time that additional work

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needs to be done before it can be occupied or certified as fit, because there was exterior

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cracks, siding falling off that the city felt was unfit for occupancy, and there were mechanicals

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missing. So that was part of the work that was done after acquisition. Those items were actually

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cleared by the city as complied and removed as any violations in June of that year. So that was

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taken care of relatively quickly. So my client was under the impression, of course, that she is

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acquiring a vacant commercial and two residential units at the time. Ultimately, she was still

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having a lot of problems getting the vacant commercial leased. When the next time she went

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for permits, that was still applied through the city as again as vacant because it was still not

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rented so that frustration eventually led her to make the current design of making the vacant

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commercial into a residential the original layout of the second residential unit that was actually

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partially in the basement and in the back half of the first floor she understands that that basement

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basement area in the back first floor is not really conducive to good residential living

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area in the back first floor is not really conducive to

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that is why she actually only wanted the front uh part that was commercial converted to a

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residential unit and keep the second floor unit which already existed the way it is

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she's not looking to use or want to have the other piece as a residential unit that would simply be

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used for storage and utilities there the way this property is laid out the basement front already

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has washer dryer and the trash area that can be accessed by belco doors the building is at 100

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lock coverage so there's unfortunately no rear yard space available to the building

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so for the layout of the actual residential spaces this was the former commercial space that

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the community feels would be viable at this point it's about 30 32 feet deep by 15.

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it doesn't have access to the basement because the prior owner actually built a party wall here

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and made this into a residential unit which actually was by the original permit permitted

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so it wasn't done illegally but it certainly isn't helpful to the commercial space

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being rented out what my client wants to do is to make this the a small single bedroom residence

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and keep the existing second floor the way it is as well it's access so the first floor will

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be accessed from the corner entry there's a secondary door on the side of the building

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that leads straight up into the second floor, which is its entire space. And then a third door,

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actually existing door on the back of the building as part of an addition as well,

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that used to lead to what would be a third unit in essence. My client does not want to

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have this used as a residential unit and would prefer to have it as storage

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and utilities for the basement, and then keep the existing washer-dryer, which is accessible by both

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units, in the front as is. So from the standpoint of other properties in the area that are similar

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in that they are on the corner of a small street like my client's property, further down the street

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there's another small street, Meldred, which is 814, 816, approximately those numbers for

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Rittner Street. They're very similar in that there are also corner properties like this on

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a small street. All of those are duplexes. There are really no active commercial activities on

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Rittner Street itself, although there are active commercial activities on 8th Street, which is

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another block down from this small street towards the next corner. The building here is zoned as a

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contractor office slash single family, although I don't know if it's active as a contractor office.

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But generally speaking, the smaller street corners have been used as duplexes. And we believe that

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that is actually the best and most fitting use of a property like this, given its prior

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permit for the use as a duplex, as well as having the, and here's the permit that was

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obtained back. This is going back quite a few years. But as you can see, at one point,

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the owner did obtain a permit for both the retail store on the first floor and one dwelling

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unit in the basement and the first floor rear and second floor dwelling unit so the renovations done

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to the property at least structurally was done long before my client purchased the property

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so that particular setup does bring a level of hardship to my client to now comply with what

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the community wants which is uh basically one single unit with just a commercial on the first

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floor, we again submit that the location of this property on a small corner street

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already limits any kind of commercial activity that possibly could go into this space. And

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the layout of the space makes it even further more difficult to meet what the community is asking for.

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With the RCO letter, I do want to share that briefly with the board because I did receive it.

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I do want to show that the letter itself, the vote is kind of split, with support and non-opposition being two.

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the vote is kind of split with support non-opposition being two and then opposed being

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two. And again, they're saying there are over 23 violations. That's all the violations in history

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listed on the property. You can see from the photos that were taken of the property that

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trash is not omnipresent. There was in fact no trash in front of the property in the photos.

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And while we understand that any property is viable as a single-family home,

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the hardship here is we don't believe the commercial is truly viable at this location,

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given its physical proximity to Rittner and a small side street.

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So that is the reason we're asking for the board's favorable review of our request to

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use this property as a two-family dwelling with the layout as presented in the plan.

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I do believe my client should be here for and would be able to confirm my testimony as well

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as I will now put the original exhibit back up so that I can answer questions.

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Sure. Thank you. Why don't we bring your client on?

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Ms. Dunn, can you raise your hand virtually to be identified?

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Let me put this to the, my apologies. I'm going to move this to the plans.

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did you say miss dunn uh yeah uh dng should be her last name all right

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this stone

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i don't see anyone with that name let me let me verify that

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Yeah, it's Tsui Jindong is the full name.

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D-U-N-G?

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D-E-N-G.

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Oh, sorry.

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Okay.

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No, they're not in the audience.

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Counsel, you're an officer of the court.

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We'll have to take your testimony, okay?

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Thank you.

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Questions from the board.

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I'm going to move back to the plans for the board.

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I have a number of questions.

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So, one, I think, you know, there are currently, since your client bought the property, there are nine L&I violations on this property.

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All seem to be for property maintenance, incorrect use, or construction being done without permits.

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And so, I just want sort of clarity around when the property got to the condition as shown in the plans and the photos.

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so the the original so at the time it was purchased there were already um some violations

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that were carried over from i'm only talking about the nine since your client there yes there

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are many from before there are nine cents there so there was a series of them right around 2023

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three. Um, and that's where an application was actually made, uh, by an expediter to have

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the zoning updated with vacant commercial and single family, uh, that those violations were

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relating to also to use. And, um, I believe property having the proper permits for the

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use that were in place uh then there was the more recent violations were actually dated i believe

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2026 or 2025 for the current use because she converted the commercial space into a residential

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unit right yeah so that was done so we're confirmed the conversion did happen without permits

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that's correct okay and like this you're so you're saying the wall that bifurcates the first floor

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was there at purchase and there was actually three there were two residential units at purchase

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and the front half of the first floor was a vacant commercial space correct so the only work that

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your client did is in the now front apartment well actually she had to update the mechanicals

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of the upper floor lower floor at the time at the time of purchase because it was it was in a

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dilapidated condition. So mechanicals were done. Exterior walls were updated. So the current

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awning type section and the brick upper facade were done by my client as well.

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Because they used to have...

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A lot of work that was done without permits.

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Those were actually inspected and complied. So I think those were done...

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Are you sure? Because I'm seeing no record of building permits. And I'm seeing the only

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certifications are only for there's one electrical certification and i'm seeing a certification

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for the fire suppression system only um i i'm not sure why that why the inspectors at the

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