civus
Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

and can you explain what drove you to want to install such a tall fence

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y si nos puede explicar que fue la causa que causó que usted quisiera instalar una cerca así de alta

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um i saw that a neighbor had the same fence

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and I asked who installed it and I got the information, contact information of the ones

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that installed it. And I put it up because the area was becoming dangerous. I live near

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the train station, so it's just becoming a lot more dangerous.

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alguien quisiera traspasar so i'm also a single father i have a young son and i wanted to have

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the peace of mind that he could play outside and without either getting out or someone i'm trying

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to come in the house okay i have no further questions any other questions from the board

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yes um and why why are you seeking permission now i mean you've had it up since 2017

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What drove you to ask for permission now to legalize the fence?

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¿Y por qué usted está pidiendo permiso ahora?

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Si ya ha tenido la cerca desde el 2017, ¿cuál fue la causa que usted viniera a pedir permiso para legalizar la cerca el día de hoy?

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No sabía que tenía que pedir un permiso y me dieron una violación.

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so um i was unaware that i needed to ask for a permission so i received a violation

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So it was because of that I am seeking to do things legally and correct the situation I was given that opportunity to file to legalize this.

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And that's the reason why I'm here and asking for permission.

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Thank you.

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Luego estuve en una reunión, un meeting con los coordinadores de la ciudad y mis vecinos.

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Se le enviaron carta a mis vecinos, asistieron todos, la mayoría, y todos están de acuerdo con que Intale se mantenga ahí.

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and then we had a meeting with the coordinators and they sent letters to

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the entire neighborhood we had a meeting with most of the neighbors

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and they were all in agreement that um to let the installation of the fence

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and also the coordinators were in an agreement as well okay uh thank you questions from our

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attorney gracias preguntas de la abogada hillary emerson not at this time madam chair um questions

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from the virtual audience pregunta de la audiencia virtual i see no he's at this time chair no veo

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manos levantadas all right planning commission comita de planos thank you chair and good morning

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David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.

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

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Yes, ma'am, I do.

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Okay, thank you.

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Así que David Fecto, que es del Comité de Planos, él afirmó el juramento.

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The chair and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.

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Chair and board members, the comprehensive plan recommends...

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Presidente y miembros de la Junta, el plan comprensivo recomienda que no haya cambio al RSA-5 residencial unifamiliar zona para esta ubicación.

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The city re-zoned this neighborhood in 2014 in accord with recommendations in the comprehensive plan.

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The appellant appears to have built a non-compliant fence without the benefit of permits.

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El apelante aparece que construyó una cerca que no estaba en cumplimiento, sin los beneficios de permisos.

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The City Planning Commission recommends that the board deny the proposed height variance for a non-compliant fence.

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el este la el comité de planeo de la ciudad recomienda que la junta denegue la

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variancia de altura propuesta de esta cerca que no está en cumplimiento

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okay thank you m i two zero two five zero zero one three zero eight fifty two fifty two

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south street i vote yes what seek it para el m2025 001 308 5252 south street yo voto que si

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michael johnson my vote is yes michael johnson yo voto que si

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cheryl gaston my vote is yes cheryl gaston yo voto que si ryan mcadams my vote is yes

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Ryan McIntyre, mi voto es sí.

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Taya Wynn, mi voto es sí.

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Taya Wynn, mi voto es sí.

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Okay.

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Thank you.

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You can tell him he has his votes and we are done.

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Así que ya tiene sus votos y terminamos.

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Thank you, interpreter.

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Okay.

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Case number two, MI2024006072518 East Thelma Street, Muhammad Ahurani is the owner and applicant. This is a pro se.

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Muhammad, last name starts with A, will be joining us as a panelist.

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Hey, good morning.

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Good morning. Can you state your name and spell it for the record?

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Muhammad Alhorani M-O-H-A-M-M-A-D-A-L-H-O-U-R-A-N-I

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I'm the owner of 518 Eastern Mastry 1912

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Wait a minute, wait a minute

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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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I swear

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Okay, all right

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So this is the application for use as a two-family household living

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in an existing structure

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and you have a refusal

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because this is prohibited in the RSA 5 zone and district.

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Our board secretary, Ms. Gadsden, will ask you a couple questions.

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Good morning.

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Did you file your exhibits and documents five days in advance of this hearing?

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Yes.

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And do you waive the reading of the refusal?

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Yes.

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To its accuracy.

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And stipulate to its accuracy.

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Yes.

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okay um you can now share your screen and begin to make your presentation sure

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so mr or ahurani we have all your documents so um you have uh unanimous support from the 42nd

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ward rco and you also have a letter of non-opposition from council member lazada so you can um

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tell us what you're trying to do today and uh show us some pictures and explain as your

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your pictures your documents so this is the plan i have for the blow that up please

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is there a way you can make that bigger sure yeah you see it now yes okay so this is the second

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floor of the property um this is the entrance right here in the back i have the room

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the back I have the room bedroom right here one bedroom and this is the

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bedroom right here one bedroom

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kitchen right here a bathroom and in the front there is a living room and this is

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the first floor right here we have a living room and there is a bedroom and

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there is a bathroom in the back and the deck all the way in the back and the

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kitchen right here next to the living room and this is the entrance for the

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basement in the basement right here I have like a big room and what is I have

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the laundry and I have the garage all the way in the back and there is the

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entrance for the garage from here so you're trying to make a duplex exactly

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yes okay um i can show you some pictures yes please show some pictures

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so this is the entrance for the second floor

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also i'm sorry

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This is the second floor too, this is the back room and this is the kitchen.

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this is this is the back room for the second floor

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this is the kitchen for the second floor

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and also this is the um the living room for the second floor

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This is the deck in the back of the house for the first floor and this is the

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first floor was the living room and the kitchen. The kitchen is right here and

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this is the living room this this way it goes to the bedroom right here and

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bathroom this is the front entrance for the first floor and this is the kitchen

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right here um this right here in front of the house um where we can leave the trash

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for the second floor and the first floor

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okay i think that's this was the pictures they have all right we have uh we have those um any

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questions from the board i have a few questions one you showed a photo of a kitchen um that

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didn't have a stove or a refrigerator and i just wanted to know are they being installed or

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yeah i mean shown on the plans but they weren't shown in the photo yeah the house has been empty

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since since 2021 since i bought this house i'm trying i understand yeah i understand nobody

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lives there but like what's the plan for the big appliances is the hope that the tenant

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is bringing the appliances no no i'm gonna i'm gonna bring it of course you're gonna bring it

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okay yeah 100 and then my second it's less of a question it's more of a comment the way the

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living room is designed on the second floor it looks like a bedroom and i just wanted to understand

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why you put a closed door on the living room and can you go can you go back to the plan so we can

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see what oh yeah um i have i have a door for the living room for the second floor yeah i was asking

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why i mean i've been i've been there so i didn't change anything honestly um i can show you the

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plan right here here you go

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so i think the the issue with that is that the dining room in the kitchen is small i mean it's

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it's a good size for a dining room in a kitchen but um i just want to make sure that this doesn't

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get rented as a two bedroom no that would make that second floor have a very small living area

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no it's only it's only one living room i understand that but because the door is on

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i understand that but because the door is on the living room that functionally

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the living room that functionally could have it defined

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could have it defined as a bedroom according to code and so yeah okay i mean if if i have

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to remove i would remove it there's no problem with that with me

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i do think that would be advised yeah i mean it's more reasonable to remove the door

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only the first floor apartment has access to the garage in the basement

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yeah it has access to the garage in the basement so where are they doing laundry for the second

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floor unit the second floor um they have they have their own um they they have their own

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access they can get the like with the washing machine and do in the on like in the on the in

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the kitchen how i i install um i install uh what do you mean uh like the hose for the water uh for

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the cold and hot water with the sink oh so you're saying the plan is to put a washer and dryer on

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the second floor yes that okay yeah i was like they don't know that okay any other questions

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from the board the the basement um what are the plans for the basement it's just it's an open

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space is it for storage is it another room for the first storage storage for the first floor

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because it's it got it has a it has a garage it's a laundry mat it has a garage

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okay and do you know of any other duplexes are on the block yes and do you have the support of your

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neighbors that are adjacent to you on both sides i do have the rco support i can show you right now

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I mean, the support from your near neighbors on the block.

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Have you spoken with them?

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They joined the RCO meeting when we had the RCO meeting, all of them.

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And what's your plan for the trash for both units?

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That front casing?

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Yes, the front, I'm going to like bought two cans for the first floor and the second floor.

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what i show you on um on the picture

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you want me to show it to you no i think i remember seeing it yeah all right do we have

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any uh any more questions yeah yeah i've got i've got yeah you might generally as about the trash

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is one you've got enough room within the units to store the trash within the units until trash day

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so uh that's an issue putting having the trash cans out in the front the other thing is you

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showed a picture of the front um that doesn't have a retaining wall then you showed another picture

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when you said you're going to put the trash out front that shows a retaining wall

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so that was the that was the google map it didn't get updated right here okay so this so this

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so this so so this so this is a google map yes exactly okay so the retaining wall was the

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retaining wall there when you bought the property i'm sorry was the retaining wall there when you

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bought the property no i did it i did that oh and you got permits for that too i did that i did that

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like uh in 20 in 2020 in 2022 because i had a couple violation about the grass i keep i keep

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getting violation about the grass so that's why i did that honestly did you did you get billing

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permits to do that no oh well that's problematic um so yeah so so my issue is you've got enough

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room to store within the unit so i would recommend that the uh these the unit that the uh unit store

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their trash within the units either with a uh the first floor clearly can store their trash on the

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rear deck or in the in the basement uh and that the upper unit could clearly um store their trash

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within the unit if you create a a vented um trash closet as opposed to having trash cans in the front

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okay any other questions yes i have a comment and then just an agreement uh uh the second floor

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where you have the uh bathroom where you have to go from the bedroom through the dining kitchen

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area to get to a bathroom um i have a pet peeve about that three o'clock in the morning nobody

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wants to go wandering through most of the unit to get to a bathroom I think that's a bad layout

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and then I agree about the trash and I don't understand the enclosure I mean is there is

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is there is there a door there is there some the the that retaining wall is there a door there to

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Is there a door there?

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Is there some...

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the basement is that how people get in there or is that just closed off or what did you what did

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you do there oh for in front of the house yes can i show you um that wall yeah yeah sure i can show

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you a picture right here what i did just give me one second if you don't mind

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okay is she showing you something yes yeah i want to show you um i want to show you a photo

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um i'm trying to um send it to the laptop so you can see um in the front that i have the door

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is that is that to the basement or which was like in the front of the house where they're

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gonna leave the trash can you show us a photo of that can you show yeah i'm gonna show you

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i'm gonna show you a photo right now okay okay

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do you have a shop drawing of the retaining wall itself that one no yeah well he already said he

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already said he did with those permits yeah he already answered his question i said i don't have

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it no i've done it like a long time ago when did you purchase the bike um 2021 and when did you

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do this wall in 2022 okay and uh the um conversion here that you've done because this is a legalization

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correct? Yeah you're right. Okay and when did you do that? When I did what? Okay so like 2022 as

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well? Yes I did the one in front of the house in 2022. Yes the conversion to two families when

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did you do that? It's already done the house it was like that when I purchased it because when

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When I purchased this house, it was for a lady who bought the house from the old owner

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and she didn't complete the payment.

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So the old owner took the house from here.

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And all of that was done from the previous Senate.

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And I have a court day, I have to do an eviction day with her.

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So it took me a year and a half to make her leave the house, you know what I mean?

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So you're saying that the property was in this condition when you purchased it?

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All right.

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thank you all right questions from our attorney

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that's right um not at this time Madam Chair okay and questions from our audience

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or virtual audience I see no hands at this time chair Planning Commission

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thank you chair and good morning David Fecto with the City Planning Commission

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