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Hearing video

ZBA Hearing - January 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 15, 20258h 11m

This is the left side of the backyard.

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Our zoning posters for today's hearing.

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um for our tax clearance this is the payment agreement that our client has entered into with

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the city for 25 51 53 west silver um their monthly payments are 129.91 uh this shows

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a voucher of receipt for um payments for uh this was a thousand dollars thousand seven dollars and

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35 cents back in december 2024 and another receipt for uh that's the set 1,007 35

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uh if that is not sufficient we can provide you with additional documentation for for the tax

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compliance uh this is the deed uh that was conveyed to rl property our clients um

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the application for appeal the the um the project information form and our rco letter

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uh we mail this letter to i believe it's 203

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230 uh first class mail proof of mailing so let's go back to now uh the alarmist uh

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messages and communications that that started um uh just a few days ago although there was

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there was some there was a fairly high degree of acrimony at the at the rco meeting between

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the two RCO leaders and the neighbors who were all extremely supportive of this project.

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So we received on Monday a communication from the coordinating RCO, and it was sent to not

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just the zoning board, but it was sent to the commissioner of L&I, to the managing director,

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to a number of city agencies with the allegation that this property

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agencies um with the allegation that um this property was uh was unsafe and was um illegally

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divided that that portions of the wall between the two historic row houses were illegally removed

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so uh here we go that all that um all that is also conveyed in the rco letters

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um this is not the this is the one this is an affected rco swamp poodle um in which they

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oppose it and say that uh that there's unsafe and multiple conditions that are that are

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unproblematic um and then the coordinating rco has a similar uh critique but you'll see here

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for the vote count all seven of meeting attendees supported uh the only two that were opposed were

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the rco board committees that was one representative of strawberry mansion

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community concern and one from swan poodle um and that just happened uh last week

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when we received uh this letter uh this was this is i guess a reissue of this letter that was sent

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on monday um claiming fire safety hazards structural integrity issues legal and compliance

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violations um all of these are really um there if this was true i would be extremely concerned

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about this but it's also not within the within the domain of the zoning board these are definitely

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lni issues that would be part of the certificate of occupancy uh situation we responded um on january

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10th with the history of this property. So in 1996, PHDC applied to L&I to consolidate the two

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lots. The lot consolidation application explicitly included plans to, quote, breach walls between

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buildings for use as a single-family dwelling. In another document in the zoning archive, it says

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first and second floor partition walls will be breached. These plans were approved by Gene

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Klinger, who at that point was the head of zoning for the city of Philadelphia on November 20th,

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1996. We'll look at the zoning archive momentarily. The zoning archives confirmed that the city not

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only has been aware of the breach of the walls between 2551 and 2553 for almost 30 years, the

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city requested the walls be breached, and this request was approved by the city zoning director.

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So this is not some new situation.

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This was the way it was supposed to be.

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On July 29th, 2022, an inspector from L&I visited the property and issued a notice of

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violation, stating the property for lacking proper zoning, permit, and certificate of

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occupancy because it was operating in a rooming house on one side and an apartment on the

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other.

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After receiving this code violation, our client immediately filed the zoning application,

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which is the subject of this hearing, and made sure that the property remained vacant until

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these issues were going to be resolved. Very significantly, the L&I inspector did not discover

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any unsafe or hazardous conditions when they inspected the property in 2022, and that's the

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sole kind of allegations from the RCO that there's something dangerous here, when the L&I inspector

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would have, of course, noted that

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and not just written it up

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for technical violations

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of lacking a permit and a CO.

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Again, the property is empty.

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There are no tenants.

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All of the neighbors who appeared

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voted in favor of it at the RCO meeting

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and 42 petitions in support

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have been presented to you.

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Here's the zoning archive

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in which, this is from 1996, this is the application from Ph.D.C., PCCO and Ph.D.C.,

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and it says specifically, I'm going to try to make this bigger, relocate lot lines to create

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one lot from two lots, breach walls between buildings for use as a single-family dwelling.

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Gene Klinger signed it in 1996, and then in the plans, or in the application, it specifically says

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one-family dwelling, one-family dwelling. Both addresses will be merged as one-family dwelling.

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First and second floor partition walls will be breached.

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and its owner

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is the Philadelphia Housing Development Corporation

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the violation

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the violation in 2022 uh was was um indicates that the inspector went inside the building he

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in 2022

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didn't just inspect it from the outside or i don't know if it's he or she um it it was and these these

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are still uncomplied because we're in the process of of getting them complied rooming house with

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three-room units on the left side, one apartment on the right. There is no other citations issued

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that concern anything about safety or fire code issues. At this point, I'm going to

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ask for my client, LaTosha Turner, to raise her hand and to adopt my testimony.

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has been promoted to panelists good morning could you please state your name and spell for the

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stenographer uh she may be muted

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hi could you please state your name unmute okay my name's latasha latasha turner

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could you spell it please for the stenographer um l-a-t-a-s-h-a turner t-u-r-n-e-r do you

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swear or affirm to tell the truth the whole truth and nothing but the truth yes please proceed

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counsel um miss turner you have heard my um testimony today do you believe that it was

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correct and accurate and do you adopt it as your own yes um would you thank you um would you please

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um tell the board um something about uh why you chose to buy this this building the way that it

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was configured and let's start with that um what was your vision um i purchased i purchased the

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building back in 2022 um at the time he already had tennis in it and at that time I didn't really

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know what I was going to do with it he just was saying like the tennis had nowhere to go at the

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moment I said they can stay but um at that time I didn't do no like um I never collect anything

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because Ellen and I came out within uh I'd say like less than a month or a month after that and

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told me what it was and i immediately he gave them till i think august or something to vet um

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evacuate the um premises and then after that i went straight to lna once he gave me the notice

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i had a hearing i think march or something other than next year or october that year or something

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and they said i needed an attorney and that's when i moved forward with getting an attorney

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to, you know, take me through the process of this case, but, um, I haven't done anything

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with the property. So you do have other properties that you, that you rent, um, at this point,

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right? Right. Um, can you tell the, the board what kind of, uh, what's your process for,

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for picking or approving tenants in your properties and, and how do you, how do you

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make sure that the tenants are going to uh follow the the rules and and and be good neighbors um

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i i put my property through zillow and um once i put it through there i i don't know if it's true

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or if you can do that but i i don't rent to young people um i try to rent to like older people like

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people of age um just on the fact like i try to be want the place to be as i gave it to them

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no nonsense i don't really have complaints i don't really go through nuisance none of them things um

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i run the background i do all them things to make sure like they're a good candidate

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and basically the the couple i have like the couple people i have they've been tenants for

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some years it ain't like they've been on and off they've been there for some years

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um so the the the bill the unit on the right side is going to be a uh just an apartment a

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one-bedroom apartment correct correct all right and then on the on the on the entry on the left

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side um that's a two-person rooming house yes um and uh oh actually let me let me go through the uh

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the trash plan on for the for the rooming house because uh i forgot to cover that in our photos

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here. Let's see.

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Thank you.

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i have not seen see what what you're looking for in the front of the house steve or behind

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uh yes uh i we have a photo from in front of uh the the the neighboring property let me let me

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see if i can hang on a second i think i can pull it up another way

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I apologize.

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So why don't you explain to us what it is?

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Okay, sure.

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The neighbors, I have a photo of the neighbor right next door.

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They basically put their trash out right next to their stoop and their entryway.

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um the we showed you inside um uh the the rooming house area where there's areas to put

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the the trash bins in the kitchen and on on trash day they just put it right outside uh there is

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there is no trash pickup in the rear so all the neighbors put their trash out uh right next to

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their their um the stairway that goes up into their into their homes would you show us on your

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plans i mean you have plans here could you just point to it yes

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so in the rooming houses the the the trash you know trash um uh bin can be in anywhere

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in this area in the kitchen for the unit number two and this is the trash area for unit number

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one that's where they can store their trash during the week and then on on trash day they

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will take out the trash and put it in this area and in this area that and that's I have a photo

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i can probably uh it may be important to just uh locate it uh momentarily and just show you from

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the neighbor that that's exactly what i think steve i think we understand okay okay so uh

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questions from the board and can you go back to the floor plans sure uh we also apologize are are

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the drafts person who made these plans is himself ill, he is undergoing cancer treatment,

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and he was not able to appear as far as I know today unless my paralegal tells me otherwise.

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Okay, here's the plans.

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yeah so i guess my um comment is the plan to me seems fairly easily to be converted

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to a duplex where they're two bedrooms or three bedrooms per floor so i don't necessarily see

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the hardship of not being able to convert it um to not necessarily to a single family house

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because clearly it was probably a four-bedroom single-family house,

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but it could clearly be converted very easily

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to two-bedroom or two-three-bedroom duplex unit,

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which would make it look exactly like a row house from the outside

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and not have the issues with the concerns that people have with a rooming house.

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Well, let me explore that with you.

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There used to be a stairway that was removed.

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from the 2551 side because there's so there's no access i understand i understand i understand but

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are you saying are you saying keep i'm saying that this entire first floor could be a unit

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and this entire second floor could be a unit close off that door create access i mean i'm not going

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to redesign it right here but right right there's it's fairly easily you've got kitchens already up

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on the second floor you've got a kitchen on the first floor you know so it's fairly easy could be

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So it's fairly easy to be converted into two two-bedroom units or two three-bedroom units and not have the issue and the concerns that the neighbors have with it being a rooming house and could provide some housing for a family.

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convert it into a two bet two.

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um okay i i would need to confer with my client on on that but but but to be just to be clear

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we would still need a variance because uh because it's been consolidated it would be two principal

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uses on one lot and that still requires a variance from from this board um but it would eliminate

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the variance for the parking for the rooming house and for the and for the for how for the

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the variance for a rooming house um no other questions more that's it yes i have a list of

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questions one um i have a question of any construction has been done in the unit since

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your client purchased the property in 2022 no she has deferred all of that until she gets the zoning

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clearance okay um i just wanted to point out two things because you mentioned during your testimony

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that there were no issues with L&I in 2022,

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and Atlas is showing that there was a failed fire safety inspection in 2022

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after the detransfer of the property that has not been resolved.

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And so is there a plan to move forward with any fire suppression requirements

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for the unit if approved?

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Well, definitely.

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I mean, if there are whatever the fire code requires

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for the combination rooming house and apartment

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would need to be implemented.

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There's no question.

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And then just from the photos that you showed,

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it did look like work had been done.

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There was like evidence of construction materials

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and equipment in some of the photos.

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Okay, let me ask Ms. Turner,

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can you speak to that

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if there was any work that you have done on the property?

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I haven't done no work.

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All I did was clean everything out the house,

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out of each place okay and then are there any tenants in the property currently no once they

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once ellen i told them they had to august of 2022 no one been in there and then what is the plan for

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how many people per room on the rooming house side for tenants in the future i said one and one like

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each place would be like one person okay are there other rooming houses on the block or yes

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there are yes how many do you know i'm gonna say around like four or five of the houses on

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that block alone or the houses on the block already are rooming houses all right yes thank

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and then i think the last question i had which um do we know what the fire separation is in

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between uh the rooming house unit and the existing apartment on the side where they both

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exist on the first floor uh are you saying the the first floor uh let's see so there's a there's

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a wall like where you've got the salmon and the purple right on the first floor do you know what

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the fire separation is for that wall in between those units um i do not know um the draftsman

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might have known that um but unfortunately he was not available today okay other questions from the

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yes um can you tell me what size are these units um the single room residences as you're calling

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sure okay because we have this the the apartment use oh not talk about the apartment okay so the

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purple room residences all right kind of square footage are we talking about for each one of these

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the bedrooms are 140 this is 140 square feet room two 130 square feet room one for the bedroom

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We have another 20 square feet for the closet.

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Maybe I'm not being clear.

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Each one of these single room residences, what are we talking about in terms of total square footage?

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I'm not talking about the individual rooms.

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I'm talking about square footage for the units themselves.

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