Zoning | Real Estate Prep Exam Videos - YouTube

Channel: The Real Estate Classroom

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hey everyone my name is paul vachesky
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and welcome to the real estate classroom
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youtube channel and before we get to
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today's zoning video do me a favor give
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this video a thumbs up hit that red
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subscribe button click on the
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notification bell
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i would certainly appreciate it
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[Music]
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okay in today's video we're going to
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discuss zoning and everything that you
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need to know about
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zoning because it does play a pretty big
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part in the real estate profession
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itself but also there are some things
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that you must know
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for your real estate licensing exam so
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the first thing i want to do is
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introduce you into this concept
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of zoning and we have discussed this
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briefly
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in other in other videos that's on this
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youtube channel
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but zoning is and don't forget it's on
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your screen here zoning is the
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regulation
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of privately owned property for the
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benefit of public use
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and we call that police powers so zoning
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is part of the police powers
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the things that the government has or
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the things that the government can do to
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limit which you can do with your
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property
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those police powers include things like
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zoning
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master plan for growth of a city or
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community
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building codes and subdivision roles
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now zoning is also a major part of what
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we call the government's master plan
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for growth and think about this a city
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is going to have a plan for growth
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because they need to make sure that some
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things happen
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they need to make sure that their
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separation between the different
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zoning classifications because we don't
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want a clorox factory
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next to a residential subdivision the
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other thing is
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is we need to ensure that there is
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support services for those
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populated areas so we need to make sure
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that as a city we have
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grocery stores and gas stations
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co-located with
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or near population centers so
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the people that live there can get
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services such as grocery and gas
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so the plan for growth or the master
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plan for growth
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that a city has is very important to its
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growth
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and one of the ways that they ensure
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that is through these zoning
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processes now zoning laws have a major
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impact on personal property we've
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already talked about that but here are
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some concepts that we have to know
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so for example zoning laws
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they impact a property setback
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and a setback is basically the distance
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from a property line a distance from a
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sidewalk or a curb or even sometimes the
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distance from the middle of the street
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to an improvement on your individually
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privately owned property so
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for example you may have an eight foot
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setback
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that means that that from the curb or
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from the sidewalk or from the middle of
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the street depending on
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the specific zoning laws in a locality
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a a house could not be built uh or a
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house would have to be built eight foot
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from
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uh a property or from a property line or
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eight foot from a sidewalk that would be
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considered a setback
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density is another area that zoning
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law's impact density is basically the
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number of homes
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that can be in a certain area or
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subdivision per
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acre buffers buffers and buffer zones
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now buffers is thing are things like
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fences
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and tree lines that we separate things
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maybe we have a
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tree line that separates a community
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park
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from a residentially zoned subdivision
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buffer zones are dictated under zoning
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laws
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and they are spaces spaces between
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what we call use districts so
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again if we're going to have a a
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commercially zoned
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area where there's grocery stores and
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restaurants and those type of things
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and next to it is a residential single
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family home subdivision
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zoning laws is going to determine the
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criteria for the buffer zone how
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how long is it going or how big is it
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going to be and
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is there going to be tree lines or fence
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those type of things
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it also impacts the variance process and
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we're going to talk more about that
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in a variance process or a variance is
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simply an
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exception to zoning requirements we'll
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talk more about that building heights so
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in cities that have skyscrapers how high
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can a
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a building be how high can a
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multi-family apartment be
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how high can a an office complex be
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something like that and also commercial
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signage is another big one certainly if
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you own a business you want the biggest
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sign
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possible however zoning laws and zoning
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ordinances
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there's going to be criteria on how big
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your
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publicly viewed sign for your business
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can and will be and again if you want if
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you want
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to change that sign so that the zoning
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laws are going to say your sign can only
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be
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this big and if you want to request a
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bigger sign then you would have to go
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through the
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variance process zoning categories
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here's another thing that you have to be
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aware of when we're talking about zoning
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now typically
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most jurisdictions have five
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or six different zoning categories
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and i have them on your screen here
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there's residential there's office
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commercial
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industrial agriculture and special
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use purpose now sometimes what they'll
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do
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jurisdictions they will put the special
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special use
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purpose cat zoning category in one of
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the other
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categories such as commercial or
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industrial however those are the six
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most
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common types of zoning categories and
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notice that there is a capital letter
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next to each one that's important
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because r represents
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residential zoning o is for office c
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is commercial i is for industrial a is
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for agriculture
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and sp is typically the one that's for
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special use purposes
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all right now it can go one step further
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so
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we have a certain areas zoned
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residential for example
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and then we're going to have a sub
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category
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based on numeric value so you're going
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to see r1
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r2 r3 or industrial 1 or i1
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i2 i3 and those subcategories
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further determine the restrictions that
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are placed on that privately owned
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property within
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that category so let me give you an
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example
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let's say that there's a plat that's a
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it's zoned i
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for industrial all right so we have i1
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and i2
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i1 may be specific or this property is
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specifically zoned
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i1 meaning it's go only can be used for
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light industrial warehousing
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if it's zoned i2 then it's for actual
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heavy manufacturing we see the same
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thing in all the different categories
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r1 for example might have larger lots
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and bigger bigger homes where r9
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is smaller uh compacted
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uh close together type housing units and
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we typically see that in the the older
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parts of town
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uh those type of things and every
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jurisdiction has their
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own different categories and
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subcategories
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and you notice on the bottom of your
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screen there buffer zones we discussed
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this a little bit
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earlier in the video but buffer zones
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and this is a key
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real estate term you have to know it
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mandates the types and sizes
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uh determined by the zoning type and
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subcategories so for example
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uh you may have a buffer zone between
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two
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r one zoned subdivisions
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well that buffer zone is going to look a
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whole lot different
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than a buffer zone between a res
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r1 residential and let's say i2
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which is heavy manufacturing the buffer
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zone could be a mile wide
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in that case versus a buffer zone
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between
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two r1 plots of land where it might only
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be a hundred yard
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difference so again the buffer zones are
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determined by the types and sizes of the
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zoning
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changes in zoning zoning we need to know
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these concepts and i've highlighted them
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here
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special use permit special use
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permit converts a property for a
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different use so for example we might
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have a home
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homeowner who wishes to have a beauty
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salon in her home or maybe
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someone wants to have a daycare all
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right so this property is zoned r1 but
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we're gonna
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instead of changing the zoning we go
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down to the zoning board
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and we request through the variance
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process
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a special use permit now typically
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special use permits are very
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very distinct and direct for the type of
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usage so in our case we want a
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daycare i want to run a home in-home
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daycare
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so i'm going to request a special use
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permit and then it's going to require
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some type of
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inspection and then ultimately there's
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going to be a time frame so maybe it's a
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three-year permit or a two-year permit
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so i'm allowed then
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after the variance is approved by the
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zoning
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the the zoning committee or the maybe in
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a certain jurisdiction it might be the
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city council
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then i'm allowed for the next one two or
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three years to have a daycare
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inside my house that's a special use
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permit notice we're not changing the
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zoning
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we're only getting a permit to change
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temporarily change its use
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conditional use permit now this is
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another type of permit
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and it's something that is beneficial to
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the general public so for example maybe
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you want to put a sandwich shop in
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uh in an i2 zoned area an industrial
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zone
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two which is uh heavy manufacturing
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now it's very inconsistent with one
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another the sandwich shop and
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the clorox factory but that clorox
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factory has
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hundreds potentially of employees
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working
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all three shifts so that sandwich shop
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is going to be there to
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support the workers in that industrial
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complex again we're not changing the
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zoning for this
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sandwich shop we're asking for a permit
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exclusionary zoning exclusionary zoning
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is
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basically larger residential lots
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typically
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5 to 10 acres 10 acre plots
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inclusionary zoning is a concept where
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it is zoning so it's permanent but it
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requires
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low-income properties to be included in
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new
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housing divisions or developments
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inclusionary zoning
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non-conforming use this is where what
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we call grandfathered zoning or
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grandfathered properties and
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and what that means is the
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the use the current use of this property
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is in violation
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however or the the current use of the
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property is in violation of current
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zoning laws however when the property
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was first zoned many decades ago
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it was lawful so let me give you an
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example maybe
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there is a grocery store that zone
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commercial on the very
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edge of town remember at the time that
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the grocery store was built it was built
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on the edge of town
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and since then the plan of growth and
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the city has grown around it and it's
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now
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actually the whole area is zoned
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residential however that store still
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exists
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and so even though it was zoned
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commercial
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that area is now residential so it is
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grandfathered in and it is allowed to
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continue to be
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a grocery store that is non-conforming
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use
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spot zoning is very isolated and
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individual to specific
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properties and it's a request for an
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activity outside the current
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allowable activities now the difference
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between non-conforming use and spot
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zoning it's important to know
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non-conforming use is it was originally
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zoned one way and then through time
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in history or through the time or
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overtime
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the surrounding area developed and then
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the zoning
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was changed but it's grandfathered in
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spot zoning is where we're making an
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exception so let me
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give you an example maybe there is a
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vacant lot
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uh in in a subdivision that is
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completely
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zoned for single-family houses but it's
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been a nuisance to the city
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people dump their garbage there and uh
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so a developer comes along and says
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listen i'll buy this property
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however i want to change the zoning or
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spot zoning so i can put a duplex or a
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fourplex there which is still
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residential but it's considered
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multi-family
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and because it does benefit the city uh
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or the community they're gonna allow it
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that is called spot zoning it's very
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isolated in nature
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down zoning is another concept where the
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property is rezoned
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from to a lower use so maybe we're going
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from r9 to
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r1 or we're going from office to
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residential
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something like that it's being down down
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zoned
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and then the variance we've talked a lot
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about that a variance basically is
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an official request by the owner that
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needs an exception to
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current zoning requirements maybe you
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need a
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your setback on your property is eight
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feet
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but you want to put a two-car garage on
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the property and you're going to need a
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to you know it's going to encroach onto
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that property or that setback by two
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feet so you're going to go in and ask
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the zoning board for a variance or maybe
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you want to increase
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the sign of your your prop you want to
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increase
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the size of your sign in front of your
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commercial building
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by 25 percent that would require a
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variance
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and the process is the legal process for
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that change
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now that zoning from a to z if you have
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any questions about zoning or you're
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unclear on anything
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please down in the comment section leave
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your comment or
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question and i do return with answers to
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those
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if you're going to continue studying
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check out this video to my left
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if you have not subscribed to this
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youtube channel i would appreciate it
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click the little circle to my left i
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would appreciate that as well
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i'll see you in the next video
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you