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Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

Now hit share now, he said.

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Excellent.

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I don't see share on you.

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Share is on the bottom of the Zoom window.

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I say to share on this.

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Right.

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And once you hit that, it then asks you what you want to share.

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Try sharing the entire screen then.

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Share, application window, system, preface, universal documents.

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listen i have we have one more case left before we have to go i'm going to do the case i'll come

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back to you and see if you can't figure it out okay i have one more case here and i'll be back

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in five to ten minutes okay okay so go out and then come back in all right we'll we'll call you

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wanted to come back in. Okay. Thank you. MI 2024-006-305-2557 West Sterner Street. Joseph

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Consul is the attorney. There's a letter of support from Swamp Poodle Neighbors

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Parcels Association, an affected RCO with some provisos. Mr. Consul, Mr. Consul, you have

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already been sworn uh just for the record uh say your name joseph consul could you identify your

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client in relationship to the property my client is amia amaya williams she's the owner of the

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lovely lane daycare which is the the tenant you stipulate to the reading of the refusal do you

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agree with its accuracy i do please start your presentation okay hi everyone joe consul i'm here

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for uh amaya williams owner of a lovely lane daycare seeking approval to use the space at

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2557 west sterner street as a child care center which is prohibited in the rsa 5 zoning district

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there's the refusal uh in 2016 this property was approved for a 12 child daycare and there's

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And there's the child care facility license that was pulled in 2017. It was active for, I guess, only until May of 2018. Since that time, I'll show you what it looks like.

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the child care facility license that was pulled

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in 2017. It was

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the property has

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become

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what looks like

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a salon

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that's the exterior of it

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so despite being zoned

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RSA 5

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it doesn't appear to have ever

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supported a single family use

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what it looks like on the outside now

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here's the interior

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got nothing in there

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stairs leading up to the second floor

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obviously the salon's been gutted

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my client has a lease for the property

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under a lovely lane daycare

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seeks to use it as a daycare

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childcare facility

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put together some notes

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that were used for the RCO meeting

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it's going to be Monday through Friday

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7am to 5pm

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this is her

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second location

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as mentioned

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in the

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letter from

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Strawberry Managing Community Concern

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that

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her other locations at

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3300 St. Vincent Street.

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There are

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concerns that parents wouldn't block

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traffic or park on residence sidewalks

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and trash will be collected daily by a

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private hauler and store

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indoors, both of which my client

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agrees to.

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is there one proviso

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both revolving trash

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parent pickup and parent

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parking and noise

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management we don't

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anticipate based on my client's

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history and the location that there'll

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be much concern

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regarding the noise

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some other photos of the posters

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the old

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approval

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for tax

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clearance.

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I believe we uploaded

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to the system two days ago

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a more recent tax clearance.

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Pull that up if

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the city attorney needed it.

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I don't have it at the ready right this second, but I did find it

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and upload it two days ago.

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There was a appeal application, which was done

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without me, but I jumped in now.

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All right. That's it. We included the floor plan, which, again, my client intends to use the entire property.

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The exterior has handicap accessibility, and there's a bathroom that's handicap accessible as well on the first floor.

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So she's compliant. The number of children will be based on her CO and what the state allows her to have based on the space that she has available.

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so she's not exactly sure what that number will be somewhere either on the low end uh 12 high end

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probably be 20. all three basement first floor and second floor uh there will not be any children

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in the basement no um so you can i can call her to explain her her layout more why don't you bring

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Okay, Ms. Williams.

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Hi, good evening.

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Could you please state your name and spell for the stodog?

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Amiya Williams, A-M-I-A, last name W-I-L-L-I-A-M-S.

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

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Yes.

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Please proceed, Counselor.

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Good evening, Ms. Williams. Did you hear my testimony just now regarding a lovely lane daycare, too?

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Yes.

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Do you agree with what I said, and do you adopt it as your own?

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Yes.

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Would you briefly just explain the layout, the proposed layout of this, the number of employees you'll have, and just that sort of thing that will kind of build on the sort of light floor plan that you provided?

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Yes. So it will always be three people. It will always be two staff and a director. The basement is basically for storage. The first floor will be for like library, small group, circle time. The second floor will be for napping and there's two rooms upstairs and there's a kitchen. And that will be like for the staff for them to like have a break or eat lunch and stuff inside.

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Okay.

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Nothing further.

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Questions from the board.

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Questions or comments from our attorney?

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Just briefly, Mr. Chair, Mr. Consul, we didn't receive a copy of a lease that was also signed by

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Mr. Consul, we didn't receive a copy of a lease that was also signed by the landlord. Do you have that with you?

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Ms. Williams, did you send me a landlord copy signed lease or?

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I believe so.

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Let me check to see this. The lease that we that you had included was not landlord signed.

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Do you have that at the right? Actually, wait a minute. No, no, it's not.

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Do you have that at the ready that you could you could send over?

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I have a copy and I can send it over right now as we speak. Yes.

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Okay. That would be great. Cause we do need that. We do need that to,

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to vote. My, my other question was there was some,

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we received letter, a letter from strawberry mansion, which you referenced.

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We also received a letter to support from Swampoodle neighborhood parcels

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association. They both asked for interior trash storage.

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and then Strawberry Mansion

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asked for commercial trash pickup.

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Swampoodle wanted the hours of operation

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specified.

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Seven seconds.

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Okay.

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Is that five days a week?

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Yes, five days a week.

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Okay.

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So I just was checking if you were

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okay with all of those provisos.

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Yes.

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Okay.

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Are you emailing that over, Ms. Williams?

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Yes, I'm doing that right now.

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Sorry for the delay. I didn't notice that

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when I was putting all this together. That's okay. Thank you.

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That's for sure.

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We could go to, while we're waiting, go to planning

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and the public, if you'd like.

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Questions or comments from the public,

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the virtual audience?

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I do not see any hands raised, Mr. Chair.

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Planning, planning.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change

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to the RSA-5, Presidential Single Family Zoning

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at this location.

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The property has received use permits in 2016

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for family daycare and group childcare up to 12 children.

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However, the appellant has not shown that increasing

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to a childcare center for 13 or more children

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is necessary to continuing to drive economic use

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on the property.

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Planning commission recommends that the board denied

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the proposed use variance for childcare.

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Okay.

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i haven't gotten a copy of the lease yet i want to exit out from you guys

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yeah i mean if you email to me i guess i could i could flip it over okay

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Thank you.

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I'm sorry, board.

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Yes, I'm sorry.

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Oops.

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Can we send it?

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You're fine.

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i haven't got it got it yet i can send it to hillary as soon as we you know as soon as i get

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it why don't i do this one i let joe let me come back in about five minutes let me go see

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how Mr. Cooper's make it out. Okay.

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Joe, go out and come back in, okay? I'll call you back in in hopefully 10 minutes.

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Mr. Cooper. Cole, please get Mr. Cooper on.

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I'm back in.

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okay thank you mr cooper yes sir how are you could you are you have your video on please turn

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Okay, thank you.

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your video on the video all right have you found how to work the computer yet yes she found that

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all right could you all right do me a favor please put your documents up sure

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Can you see?

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Can you see the screen?

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No, we cannot, ma'am.

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Chair.

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Chair.

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Mr. Cooper, you know, what we're going to have to do is we're going to have to continue this case.

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And your next presentation, if you want to have someone call the office,

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and maybe they can help you with some instructions.

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But before the next hearing,

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well, make sure that you know how to do

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what you're doing here and to get your documents on.

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All we'd have to do is get your documents on

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and we can hear your case.

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We're going to have to continue this, okay?

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And Mr. Trey, I just want to add,

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and Ms. Geiger,

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you would be able to present this case yourself

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if you have a signed lease for this property.

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But if you do not, then-

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She has one.

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A signed lease?

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okay well you need to submit that and then you can present the case okay

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all right thank you we're going to continue this case send all the paperwork in and we'll

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