civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

the whole truth and nothing but the truth?

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Absolutely do.

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Are you a neighbor?

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I am a neighbor.

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I'm also a business.

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I don't only live in the neighborhood.

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I have a business in the neighborhood.

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I own Gerber Tax and Accounting and Stevie and, oh, sorry.

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Why don't you start your presentation then?

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Sure.

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Stevie and Tobias are longtime clients of mine.

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In the time that I have worked with them, not only have they demonstrated an ability

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to go over and above to not only understand what their responsibility as business owners

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and people who do business in the neighborhood and in Philadelphia, but in terms of the way

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that they interact with the community and the care that they show is unparalleled.

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I have been an accountant in the accountant world for 24 years, and rarely do I have artistic

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artist clients, people who show such initiative and are so committed to the community in the way

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that they are. And so, you know, I've been able to kind of talk with other business owners. I have

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a good deal of business owners on South Street, clients who live off of South Street. I'm also

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the president of the Philadelphia Dragons and Sports Association, which I'm not here to represent

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them but just letting you know kind of how I work in the community and I know that people

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to see more of South Street occupied and especially from someone from people

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of South Street occupied and especially from someone from people like Stevie and Tobias who

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are so committed to the area um and I just wanted to make sure that the board know that there there

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is support from the neighbors um not only I have a 10-year-old son so I'm very well aware of being

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um you know judicious in in what is shown um but the way that Stevie and Tobias even told me about

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it and how they want to kind of support this part of the community and also show, you know,

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a reverence for it is pretty impressive. Okay. Thank you very much for taking the time. We

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appreciate it. Absolutely. Samantha Thompson will now be promoted to panelists. They should be

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coming back in shortly sure thank you um hello my name is samantha thompson s-a-m-a-n-t-h-a-t-h-o-m-p-s-o-n

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and i'm a representative from the south street headhouse district all right all right do you

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swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed with

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your testimony um i want to echo everything that that miss gerber was um saying she stole a lot of

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what i wanted to say but um stevie and tobias have been tremendous community members for south

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street even not having their own brick and mortar they've been an awesome advocate for everything

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that our mission stands for and they were very professional and answered all the neighbor

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questions during their rco hearing and i'm fully confident as well as the rest of the board of the

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south street head host district that that she and tobias would be a great addition to our district

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all right thank you very much for taking the time we appreciate it is there any other hands

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thank you no further hands mr chair planning commission thank you chairman and board members

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and good morning david fecto with the city planning commission chairman of board members

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the comprehensive plan recommends no change to the cmx 2.5 commercial mixed use zoning at this

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location the city rezoned this corridor in 2015 in accord with recommendations in the comprehensive

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of plan proposed use is compatible with other nearby uses along the south street corridor

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the city planning commission recommends that the board grant the requested use variants for retail

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sales of adult oriented merchandise and the proposed variances from the separation requirements

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for regulated uses thank you very much um mr goldberg has said he'll have this ready to go

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next wednesday we will look at an executive session and we will vote next wednesday at 9 30 a.m

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Thank you very much for coming in, and thank you, Mr. Goldberg.

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Thank you.

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See you later.

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Number six, MI-2025-002514, 181 Daly Street, Vern Anastasio.

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That should be coming back in trolling, Mr. Chairman.

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Morning again, Mr. Chair, members of the board.

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Council, you've already been sworn, just for the record, state your name.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Ariana Akay and her husband, Adam.

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Right. You've already been sworn. Our vice chair has a few questions for you.

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Thank you.

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Good morning.

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Morning.

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Have you submitted your 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 and stipulate to its accuracy?

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I do.

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All right. Thank you. You can proceed with your case.

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Thank you.

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okay we have a 97 page exhibit binder plus uh outside of the binder we have a letter of support

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from Girard Estates, Neighbors Association, as well as the vote tally showing unanimous.

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I just received an email, a notification from Council President Kenyatta Johnson's office

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saying that he would like to see this proceed as I present.

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So the application is for, on the first floor, uses consistent with CMX1 in the zoning district,

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which is the minimum classification for commercial. It'll be vacant until we find a

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tenant and a single family dwelling above. The property, however, currently is zoned RSA 5,

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which is weird because it's never been a single family home. There's a long history going back to

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2009 that we found online of it being the first floor party kitchen, sweet and savory shop,

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and wolf catering. So there has been a consistent business activity.

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uh and wolf catering so there has been a consistent uh business activity on the first floor

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and we just want to bring it back to that here is here are the plans i'm going to zoom out a

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little bit and i could always zoom back in for you at that's your and then it just went blank

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so excuse me i don't know what that's about

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bear with me just for one second

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Okay, there we go.

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And as you can see, the basement is going to be nothing more but mechanicals.

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The first floor, the last particular use was a commercial kitchen.

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Obviously, it's just going to remain vacant.

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And when it is occupied, it'll be the use will be consistent with CMX one, which a commercial kitchen, of course, would not be allowed by right.

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There is a corner entrance very much akin to what what a commercial space would would have.

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And then, of course, the existing.

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One bedroom apartment at the top floor.

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I'll take you into some photos

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there's the corner as you can see

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it looks like it would have been a commercial space

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and in this particular neighborhood

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corner properties are either

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Many of them are either commercial or multifamily.

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And then we'll get you some photos here.

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One bedroom apartment is very nicely appointed.

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K's managed this property, among several others that they have in Philadelphia.

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They are Philadelphia residents.

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They live here.

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This particular property is in South Philadelphia that I happen to be particularly familiar with.

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Here's the commercial space.

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And the neighbors are very excited to have commercial space back up and running here.

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We have our mailings that went out, our proof of mailing.

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201 individual households were, in fact, mailed.

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And I believe you have the letter of support and the boat tally from Girard Estates.

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I moved both of those into evidence as well as the 97-page exhibit packet.

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And with that, I'd like to call my client.

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Vern, did you put the posting up?

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Maybe I didn't see it.

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Yes, I sent that separately.

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Yep, board council has that.

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Did you send it over to us?

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Yes, I did.

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Okay.

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Yes, Mr. Chair, we did receive it this morning.

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Good, thank you.

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And I attest I took that photo myself.

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Let me bring your client on.

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Thank you.

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Ariana, okay, if you could please raise your virtual hand.

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They're being promoted to panelists.

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Hello, good morning.

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Hi, good morning.

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Could you please state your name as spelled for the stenographer?

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Sure, it's Ariana Akay, A-R-I-A-N-N-A.

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last name a c c a y you swear or affirm to tell the truth the whole truth nothing but the truth

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yes please proceed counsel thank you mr chair ariana did you hear my presentation to the board

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today yes i did is it true and accurate to the best of your knowledge yes do you adopt it as

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your own testimony yes thank you i have nothing further mr chair questions from the board yes

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can you go back to the floor plans sir

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Sir. Okay. This is good. This is good. I just want to just quickly remark that this is a nicely laid out building.

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Here we go.

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The unit on the second floor makes sense, unlike some of the other ones we see, and the ground floor commercial, I think, works.

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So, I have no problem with your question.

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Thank you.

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Other questions?

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I think my only question is about the storage of trash for the upstairs unit.

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They keep it inside the unit currently, as they always have.

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There have been no 311 complaints at all at this property.

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and there's a tenant in the upstairs property already oh yes all the questions

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questions or comments from our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience no hands at this time chair planning commission thank you

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chairman and good morning david vecto with the city planning commission chairman and board members

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the comprehensive plan recommends no change to the rsa5 residential single-family zoning at this

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location this property has a documented history of commercial use with residential above the city

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planning commission recommends that the board grant their proposed use variants for multiple

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principal uses and for uses as defined in cmx1 thank you mi2025 002 514 1801 daily street i vote

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yes. Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes. Tanita Graham, my vote is yes.

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McAdams, my vote is yes. Iowyn, my vote is yes. Thanks, folks.

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Okay. Let's see here. I got one more.

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One, two, three, four.

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Yep. Where's that? Here it is. Yep.

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Number 10, MI 2025-002-667-5045

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Jackson Street. Henry Clinton is

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the attorney.

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They're being

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promoted to panelist here. Thank you.

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Good morning, Mr. Chairman and members of the board.

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Good morning, counsel. Could you please state your name

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and spell for the stenographer? Sure. My name is

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Henry Clinton, H-E-N-R-Y

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Clinton, C-L-I-N-T-O-N.

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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 do. Could you identify your client,

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the relationship to this property?

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Certainly. My client is an LLC, C&B, Legacy, Enterprises. Two members are on the call, the sole members, Mr. and Mrs. McFadden, capital N-C, capital F-A-D-D-E-N.

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Our vice chair has just a few questions for you.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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I have not submitted all the documents five days before there were last-minute lease negotiations between the two parties.

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My client is the owner, and there's a tenant in this child daycare center.

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So we just finalized a lease amendment last night right before the community meeting, and I've submitted that.

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Okay, thank you.

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And do you waive the reading of the refusal and stipulate you as accuracy?

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I do, Ms. Graham.

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Thank you.

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You can proceed.

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Is that visible?

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Let me start again.

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Not yet, Henry.

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It's coming up now, Henry.

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It should come up.

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Yep, more than maybe not.

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It keeps going to the Zoom.

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I'm not sure why.

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Is that visible now?

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We see you, Henry.

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That's not good enough.

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And you start again from the outset.

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Okay.

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Should be coming up.

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No, it keeps, it keeps, starts to come up, then it goes to Zoom.

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Yeah, I don't know what. We do this routinely, so only Zoom is showing.

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Let's just show Zoom. Anybody have any ideas? Bill?

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Hey, Mr. Clinton, this is Ian Hegarty. It seems like you're sharing the web browser only instead of your whole screen or the application documents.

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So, yeah, go back and start over again. Just make sure you're picking the right window when that share screen dialog box comes up.

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How about that?

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How about that?

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