civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

So this application is for use as a visitor accommodation in existing structure.

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

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Our vice chair has just a few questions for you.

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And I will note that there's a letter of support from Point Breeze Community Development Coalition.

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Yes.

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And you also have a petition.

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Good afternoon, sir.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance to this hearing?

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Yes, I did.

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Thank you.

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please proceed and share your screen give me one second and i will note too you also have

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your own petition that approximately 13 neighbors have signed that is correct okay you're coming up

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proceed all right all right so i'm just showing um the first denial from the

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for the permit

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I'm just going to kind of scroll through all this

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scroll through that because we have all that sir

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I would get to the photos

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okay

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I wanted to show

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you said you had the

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petition also

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we have a copy

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the petition came in

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okay

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let me get to the photos then

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and tell us what you want to do

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yeah so um we've been airbnb and while i'm bringing the rest up i'm just going to kind of

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talk um we've been airbnb in this for about the last year and a half um no issues we never had

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any problems um so just trying to repurpose the property um and it's you know one of the main

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one of our main sources of um income it's a single family home yes sir okay

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just show us the photos all right

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i'm gonna write up

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so first i'm going to show the photo of i lost my

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so this is the that's your posting yep it's the front of the property

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with the posting okay um what is it else you want to see like the photos inside the place too

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i do want to just show us a couple photos of what it looks like inside okay and you've been doing

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this for a year and a half yeah about a year and a half and point breeze was voted five two in your

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favor correct i'm trying to find the email where i have the photos at okay take your time

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and the neighbors that you have are some live on the block they all it's all on on uh neighbors

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that live on the block okay yeah my my grandparents actually live 21 23 which is the house you know

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directly in front of directly in front of us.

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OK.

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I'm just I'm having a little trouble finding the.

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All right.

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So you did show us a picture of the front of the house.

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That's correct.

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Yeah.

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And when I sent the documents in five days before, I included photos of the inside also.

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OK, good.

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All right.

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Thank you.

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Questions from the board.

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No, hands, Chair.

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Questions or comments from the Planning Commission?

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No.

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Ready to testify?

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Yes, please.

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Okay. The property is indicated for residential use on the city plan. Our adopted district plan

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recommends no change to existing zoning at this location. There's no unique physical circumstances

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or condition of the property that would be prevented from being used in conformity with

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the zoning code. City Planning Commission recommends that the board deny the proposed

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use variants for visitor accommodation. Thank you. MI 2023-006-284-2114 Reed Street.

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I vote yes for a temporary variance that will expire 3-21-27.

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Thomas Holloman, my vote is yes with proviso. James, now my vote is, oh, I'm sorry. No,

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my fault, James. Sorry. James Snell, my vote is yes

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with proviso. Yes, my vote is yes with proviso.

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Thank you. You have your vote, sir. Thank you, sir.

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Okay. Number eight, MI

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2023-006275-2501

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South 11th Street. Zen Jin is the attorney.

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Um, Lower Moimensing Civic Association did not reach an agreement in this case.

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The vote was two in support, three in opposition.

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Council Member Squilla is leaving this up to the zoning board to make this decision.

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Mr. Zen Jin.

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Yes, good afternoon.

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Good. For the record, could you please state your name and spell for the court stenographer?

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Yes, my name is Zen Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103, here on behalf of the applicant.

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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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I do.

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Could you identify your client, the relationship to the property?

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Yes, my client is Ms. Yang, Y-A-N-G, Xiaoli, X-I-A-O-L-I.

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She should be here in the audience, and she's the owner of the property.

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Okay, and our vice chair has just a few questions.

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Good afternoon, counsel.

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Do you agree to weigh the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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I'm going to share with the board what was previously submitted.

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the exhibits. Can the board see the exhibits on my screen?

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Yes. Thank you. So this is an application for a use of an existing property as a duplex.

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I'm sorry, I'm going to jump to the refusal first. So this is zoned in the CMX1 district.

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The property was previously used as a law office and a single-family dwelling.

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And at some time in the past, some time ago, it was converted to a two-family.

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My client actually purchased the property just in the last year.

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It was purchased with the thought that it was a two-family dwelling.

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When they went to get rental license, of course, it shows that it is a single-family with an office on the first floor,

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a commercial type use. So when we went before the RCO, one thing that the RCO and people attending

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did acknowledge is that the property has been in this kind of a condition of two family for some

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time, well before my client acquired the property. Whether that was ever converted legally, that

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doesn't seem to be the case since the city search still comes back as a law office and

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a single residence above. The reason they did not reach an agreement partly is because the

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RCO board generally has reservations about any conversion within their area, and that's always

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been my experience with this particular RCO. As you can see, there's also non-opposition and

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support from some of the board members, as everybody do understand that this has been

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in this two-family youth situation for quite some time.

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Now, the photos also verify that this property was always separated.

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always separated. The history of the property as an office and a single family above actually goes

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The history of the property as an office and a single family.

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back quite some time. This is the corner property. The first floor and the second floor are two

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separate units. While the first floor might have been used as an office, it certainly is now set up

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as a single family. As you can see, it is not a new renovation. This has been in this condition

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for some time, and it was actually acquired by my client in this particular condition.

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So at this point, we are really here before the board to legalize this use, to avoid having

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to be forced to essentially convert the first floor back to an office, try to rent it, and

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then figure out whether that's a feasible use, and then if not, come back to the board

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again to ask for the residential use.

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Again, this has been in this format for quite some time, and the neighbors mostly acknowledged

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that when we went to the presentation.

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And that is the primary reason we're asking for the board's consideration to allow what is an existing condition to, although it is nonconforming, to continue and be legalized as a legal condition.

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I'm happy to.

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Why don't you bring your client on and adopt your testimony, okay?

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Sure.

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I'm going to stop sharing it for now.

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

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I don't know if she's...

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Yeah, she's there.

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Personal last name Yang is allowed to speak.

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Hi, could you please state...

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Hi, could you state your name

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is spelled for the court stenographer?

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Hi, my name is Sally Yan.

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First name X-I-A-O-L-I,

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last name Yan, Y-A-N-G.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Thank you.

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Ms. Yang, did you see my presentation and hear my testimony before the zoning board?

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Yes, I did.

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Can you verify what I have stated is true and correct and adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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Okay.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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No hands, Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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The property is currently indicated for commercial mixed use on the city plan, given the documented use history of the site.

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We recommend that the request of variance be granted.

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Thank you.

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MI 2023-006275-2501 South 11th Street.

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I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Counselor, you have your votes.

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That's three votes.

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Thank you.

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Have a good evening.

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Thank you so much.

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Thank you.

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We're going to go back to, here it is.

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Mr. Garrick, MI2023-006332-1227 West Hyoga Street.

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Benjamin Garrick has been promoted.

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Thank you.

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You're welcome.

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We're here.

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We're here.

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Hi, could you put your video on so we can see?

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This is the whole stop thing.

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i said the whole stop we're trying to turn it on it says you can't start your video because

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the host has stopped it i'll start my video now okay all right all right so mr garrick

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can we put it on now

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here we go can you see it okay all right so mr garrick you're the one that's going to have to

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testify okay okay so first tell us what you're doing okay um my mom and my dad this house been

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in the family for a long time my father passed away my mom had it but it was a two two family

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household it's been registered since i was born so once my father passed away it went to my mother

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and it was so i guess the taxes were so high so she switched it to a single then my mom passed

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so I inherited the property

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so I was trying to

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reinstate it back as it

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originally was

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is there something

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you can show that it was always a duplex

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it should be

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It should be in the fire. It should be in the city.

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