civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

Can you see some of the pictures of the front

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where folks are going to come in

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and place their orders?

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Okay.

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Can I

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look up Zillow?

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And we have more pictures there.

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No.

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We need to see the photos

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that you presented five days in advance of this hearing okay yeah i have more pictures that you

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sent me um so you can you share your phone so they can see it uh

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Can you share your phone

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so they can see it?

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Not sure how I would do that

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because I'm not on my computer.

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The pictures you just sent over.

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Let's finish going through.

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I didn't see the appeal

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nor

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the refusal.

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So if you can show us both of those

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before you show the photos

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in this one because we're going to pull

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her down from a

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So here

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This was the support for

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Purviso

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Yeah

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And this was the referral

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Excuse me ma'am you cannot be testifying

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I'm sorry

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Yes okay

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Okay, so this is the referral right here, and if you scroll down, this is the RCO letter

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of support.

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Yes.

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Okay.

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Okay, now you want to come down as a panelist so we can promote Ms. McTigla for the additional

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photos?

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Yeah, I'll have to forward them to my computer.

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It'll take two seconds, though.

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Let me just eardrop them really quickly.

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Okay, special exception.

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All right.

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okay questions from the board

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yes um the at your rco meeting did the rco uh proviso hours operation that you agreed to

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9 a.m. to 8 p.m. Wednesday to Saturday?

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Ms. Nuteke, what question is for you?

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Can you hear me? I just got logged off for about a few minutes. I'm sorry.

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Can you repeat that, please?

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Yes, the RCO asks for hours of operation to be Wednesday to Saturday, 9 a.m. to 8 p.m.

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Did you agree with those terms?

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I'm having so much trouble with my Wi-Fi, but if I heard you correctly, you asked for my hours of operation?

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Yes.

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Yes. Okay. The hours of operation are Tuesday to Saturday, 9 a.m., no later than 8 p.m.

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Any other questions from the board?

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yes um what type of food are we talking about here and will any of it require um some kind of

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um cooking like fryers and things like that um all american style stuff burgers wings fish and

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fries so um a fryer would be required for fries and um fish of course and the wings

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and uh how are we doing the venting from this facility so we have a fan in the hood above

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the uh oven station and the fire okay so the venting is already existing is that what you're

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saying yes uh-huh yes there's an exhaust fan and is it venting through the roof do you know

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when you say through the roof

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it's coming out

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like the fin

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is out

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to the side of the building

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yeah all right okay

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thank you no problem

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yeah I have one

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more question for you about

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so deliveries

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and trash

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what is your plan

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what is your plan to manage that at the property so we've already had um discussed this with the

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to manage that at the property

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Thank you.

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community and that was one of those issues as well the trash in the neighborhood so um once we had

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finished that meeting um i had uh i have a um contract with waste management so we already

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have a dumpster in the back that's just waiting ready to go um and what would you say waste and

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what else i said trash and deliveries um as far as deliveries from my business you mean correct

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um deliveries isn't something i plan to offer no not for them to have deliveries for you

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deliveries so that you can bring in the materials you need to cook okay yeah that's why i was

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confused about your question um so like i said there are two entrances in the place um the back

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entrance we plan to use that for um majority of our stuff coming in and out um the french

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entrance would be specifically for customers um the dumpster is in we have a back space like a back

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small um i guess yard you would say that waste management waste management found was perfect to

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fit the dumpster back there so yeah we like i said we have two entrances so the plan is to use the

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back door for everything

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needed. And the back

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door fronts on

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to a sidewalk or to the

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alleyway? The back

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door still goes to the sidewalk.

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To the sidewalk, okay. Yes.

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Any other questions

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from the board?

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Questions from our attorney, Hillary

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Emerson? Not at this

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time, Mr. Chair. Any questions

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from the audience?

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Any questions from the virtual audience?

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I see no hands at this time, Vice Chair.

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Thank you.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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The comprehensive plan recommends no change to the CMX2 commercial mixed-use voting at this location.

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The appellant has shown that the proposed takeout will have no detrimental impacts to the neighborhood beyond what might be reasonably expected.

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The Planning Commission recommends that the board grant the proposed special exception for a takeout restaurant.

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Thank you.

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mi-2024-003974 1525 west wyoming avenue my vote is yes michael johnson my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes hiya win my vote is yes

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number eight mi-2024-006075 1222 north 29th street phillis smoker as the attorney

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on this case, please promote Mr. Smoker. This property is for the expansion of the use of

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personal care services and body art to the second floor with single family household living on the

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third floor and in the existing attached structure. Yes, I'm here.

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Sorry. Counselor, can you please state your name and spell it for the court reporter?

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Yes, Philip Smoker, P-H-I-L-I-P-S-M-O-K-E-R, P-A-I-D-3-0-7-0-6-7.

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

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I do, and I also have my client, who is the owner of the property, or at least the managing partner of the company that owns the property, Courtney Long.

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Can he be added as well?

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He's there. We'll promote him when you need to sign him on.

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And the referral was a special exception approval for the CMX-2 zoning district.

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We do have a letter of support from the Beurytown-Charlesbury Community Civic Association, as well as a non-opposition letter from Councilman Young.

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Board Member Graham has a few questions to ask you.

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Yes.

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Good morning.

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Have you emailed all the required documents and exhibits needed to proceed with this case five days prior to this hearing?

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I have.

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I think I emailed the meeting summary less than five days prior, but that's only because I only received it then.

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So, but you have that as well.

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Okay, thank you.

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And do you agree to waive the reading of refusal and stipulate to its accuracy?

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I do.

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All right, thank you.

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Okay, this is essentially a, this is a property in the Brewery Town section.

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It's on 29th Street, just north of Girard Avenue.

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It's a corner property with 29th Street and Stiles, which is a side street.

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Several years ago, my client came before the board to get permission to have a tattoo shop on the first floor.

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have a tattoo shop on the first floor he got permission to do that and that's been going

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He got permission to do that.

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very well so he wants to expand his body art services and tattooing up to the second floor

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and the third floor would just be kind of storage or office space

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previously my client had been living at the property but he doesn't live there anymore he

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still lives in the neighborhood and he still works at the tattoo shop and again what we're

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doing here today is trying to get permission to move expand the tattooing up into the second floor

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um if if you don't mind can i bring him on and i'll just kind of ask him questions about the

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exhibits i'm presenting is that okay or do you want me to just go through it sure i mean you

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can go through it or you can bring him on i'd prefer to bring him on sure so he's in the he's

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in the virtual audience. He's already promoted. I'm here. Thank you. Please state your name and

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spell it for the court report. My name is Courtney Long, C-O-U-R-T-E-N-A-Y. Last name's Long, L-O-N-G.

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Do you swear to tell the truth, the whole truth, and nothing but the truth? I do.

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Counsel, please proceed. Sure. Mr. Long,

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CAD Industries Incorporated or CAD Industries LLC is the owner of the property. How are you

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affiliated with that company? I'm a partner of the company. Okay. So is it a two-member company?

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It's a two-member company, correct. And you're the managing partner, correct? I am the managing

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partner, correct. Okay. And there is currently a tattoo parlor in the first floor, right? And

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who manages that? I'm the manager and owner of the tattoo studio on the first floor. Okay. And are

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you there pretty much every day? Yes. And you have been for years, correct?

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Yes. Every day for years. But yes. OK, well, sure. And do you live in the neighborhood as well?

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I do. Two years ago, I did live in in the building for a couple of years and then I bought a property in 19121, just a few blocks up.

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It's at 2838 West Glenwood Avenue. OK, I'm going to go through this very quickly and I'm going to interject with some questions for you.

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Exhibit A here is the, and tell me if, Board, if you can't see what I'm sharing, just please let me know.

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Exhibit A here is the refusal.

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Exhibit B is the application for appeal.

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Exhibit C is the project information form.

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Exhibit D is the deed to the property.

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Exhibit E is the tax compliance, it proves that CAD Industries LLC is tax compliant.

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And here are the drawings, exterior and interior drawings.

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I'm going to go more into what it looks like when I present the pictures, but panel, if

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you have more questions about the drawings, please ask.

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um uh and mr long did you post this notice yes it's been posted for it's whatever number of

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days it needs to be well this is time stamped january yes the photos are times okay so on

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january 29th you put those the notices of this hearing there in with the white pieces of paper

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on on the side there correct correct and they're still up and they're still up okay

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and is that another picture of that

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yes yeah sorry i can't see it i'm mc just from behind them phil okay

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you're not sharing your screen oh i'm not do you not see my screen yes we see the screen

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Okay. All right. Well, Court, I'll just tell you what I'm looking at.

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I can see.

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So now I'm going to go through pictures of the property in court. Mr. Long, I want you to kind of go through. If you can't see your screen, you can just give me, take a look at what I just sent you about an hour ago. Okay?

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Yeah.

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Okay. So I'll refer you to the first page of Exhibit H, which is Photos of the Property Building Front. What is that?

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It is the front of the tattoo shop.

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Okay. And that little door on the corner, is that where people enter?

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Yes, that's where people enter. Correct.

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okay and then i'm going to the second page and that is the building rear is that is that the

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building rear yes that is the building rear okay and then

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yes that is the building room okay and then i have a picture of the third page is the first

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floor existing tattoo stations um can you very briefly just tell us what we're looking at

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yeah so uh the first floor existing tattoo stations that's the second room uh on the

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first floor here there are three uh tattoo stations there where we currently operate

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um i in the future would like to bring that down to uh to two tattoo stations instead of three

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uh really the whole the whole gist of kind of all this expansion is really to give us a little bit

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more space to operate so we're not all confined into small areas uh so that is what uh i think

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It's exhibit page 33 says first floor existing tattoo stations and as well as the next one, too.

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It's 34. First floor lobby would be next.

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And that's the whole front area of the tattoo shop.

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And it's currently a lobby. We can prep all of our for our clients here.

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and that will give us access to uh the second floor from the first floor lobby

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uh here's another picture of the first floor lobby

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