civus
Hearing video

ZBA Hearing - October 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 12, 20223h 32m

Beth Castleberry, C-A-S-T-L-E-B-E-R-R-Y.

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Right.

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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, I do.

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Proceed.

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My mother lives in the adjoining twin.

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This renovation has been going on for over a year now.

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And basically, we'd just like to know when the expected date of completion is going to be.

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My mother is 91 years old.

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She is an original owner.

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And it has caused a lot of unnecessary hardship on her with the noise level.

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We'd like to know when the completion is going to be.

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so when i get done and i'm ready to talk to the uh the attorney i'll i'll mention that

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When I get done and I'm ready to talk to the attorney, I'll mention that to her, okay?

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Thank you.

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Right.

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Okay.

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Anyone else in the virtual audience?

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I see no hands, Chair.

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Counselor, do you want to respond to that?

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Yes, of course.

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So it's my understanding that construction currently is not ongoing.

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However, my client is more than happy to work with neighbors,

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ensuring that there's no disruptions to the community.

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Thank you very much.

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Planning Commission.

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good afternoon chair peter bernard for the planning commission

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peter spell your name for the court reporter just for the record my name is spelled p-e-t-e-r

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b as in boy a as in apple r as in roger n as in nancy a as in apple r as in roger d as in dog

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right do you swear from tell the truth the whole truth and nothing but the truth

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i do chair proceed the comprehensive plan recommends no change to the existing rsa3

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single-family zoning at this location the proposed parking location is consistent with the intended

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use of the rear yard as it was built and the variance does not conflict with the purpose or

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spirit of the zoning code accordingly the planning commission recommends the board grant the variance

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Thank you. MI 2022-003-408-1030 Loney Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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My vote is yes.

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Thank you, counsel.

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Thank you.

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number four mi 2022 002 114 6040 kincesson avenue rachel pritzker is the attorney

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we do have a letter of support from the rco 40th ward republicans

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miss pritzker is coming back in as a panelist thank you good afternoon hi could you state

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your name and spell for the court reporter, please? Sure. Rachel, R-A-C-H-A-E-L, Pritzker,

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P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102. Right. Do you swear

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or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Could you identify

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your client, the relationship to the property? Yeah. So my client is Dina Dent, aka,

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I'm just going to pull up the LLC. I believe it's MGM, the LLC. She is the owner of the property.

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Thank you. Ishmael Shaheed, our board secretary, has a few questions.

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Good afternoon, counsel. Good afternoon. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes. Did you email all of the exhibits and documents as required,

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such as the proof of ownership, tax code, copy of refusal or referral, pictures or drones of the

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property five days in advance of this hearing, and did you meet with the RCO, and do you have a letter?

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Yes.

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Please proceed and share the screen.

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Thank you.

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Can you see my screen?

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It's coming up right now.

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Yep.

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Okay.

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So as mentioned, this is 6040 Kingcessing Avenue. The property's base zone is RSA 5.

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The only refusal that we have is for the use of a two-family household living in an existing

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structure. This property, although it's RSA 5, it has a long history of actually being a duplex.

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I'm just scrolling down to the city's archives that show that it has been in use as two units.

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As the board well knows, if you abandon the use for three or more years, then that use goes away.

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That's why we're here today.

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As you can see on screen, it was already a two-family dwelling.

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Obviously, it has sat in a bit of disrepair upon my client purchasing it.

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we are looking to rehab the existing two units and provide for two housing units in this existing

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structure that has had multifamily two units before. In addition to that, the property is

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about 1,500 square feet. So it is actually, if it was zoned RM1, we'd be able to have four units

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on the site. Again, we're just requesting two as that's what it currently is built out. The

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The alternative as far as our hardship would be that we would have to demolish the entire interior of the property in a neighborhood like this.

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And in market conditions, as everyone's aware of, it presents a significant challenge as opposed to just doing a more modest renovation, keeping it as units and being able to provide to more.

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more modest renovation, keeping it as two units and being able to provide two more affordable

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units for the neighborhood. Just to share some context, there are other properties on the 6,000

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block of King Sessing that are also two units. So this will be in character with all the adjacent

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properties, many of which that were similarly two units since... Pardon me, Council, could you

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enlarge your larger screen a little bit? Yeah, absolutely. Is that better? Yeah, that's fine.

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Yep. Thank you. Yep.

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Just to show the other properties on the block that are two units.

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And as I mentioned, our property had been at least since 1962, a two unit building as well.

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And I assume some of these others have that same sort of character.

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We met with the RCO.

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It's sort of a conglomeration of RCOs.

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This is the deed.

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You can see this is the zoning map showing the location of the property.

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Again, as you can see, a lot of the blocks are vacant, but our property is sort of right here, sandwiched between these arrows.

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We posted the zoning posters on the property as required.

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Just trying to get down to the community portion.

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uh we met with the community the 40th ward republican back in june um june 13th and we

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have a letter of support from them uh basically stating that they do believe uh that this is good

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for the neighborhood it is an interesting structure um it will allow for a long-standing

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vacant property to be back online with new residential units which are in need for this

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community. And we have agreed with some other considerations. They wanted, you know, like

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electric, a separate electric meter, things of that nature, which we've agreed to help make it

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so that it stays affordable and can be monitored. So that's sort of what you see here, the separate

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meter, which are already included on our floor plans. And when we submit for building permits,

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that will be included there.

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Otherwise, I'm happy to take any questions

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the board may have.

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I can go through the plans as best as I can

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if the board is interested.

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But again, this is an existing structure, so.

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Why don't you, is your client here?

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She is.

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Why don't you have your testimony adopted?

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OK.

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Dina, if you can hear me, can you raise your hand?

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Ms. Dent, you've been unmuted.

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Hi, could you state your name and spell for the court reporter, please?

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Dina Dent, D-I-N-A, D-E-N-T.

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Right. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Proceed, counsel.

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Thank you, Dina. Have you heard my testimony today in front of the board?

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Do you accept it as true and accurate to the best of your knowledge, and do you adopt it as your own?

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I accept it and I adopt it.

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Thank you.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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In 2019, the zoning map was amended for multifamily residential.

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to residential single family at this location in accord with the recommendations of the comprehensive

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plan the proposed use is consistent with documented previous uses of this property

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having been granted a zoning permit for two family in 2008 accordingly the plant commission

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recommends the zoning board grant variance thank you mi 2022 002 114 60 40 kincesson avenue i vote

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yes Thomas Solomon my vote is yes James Snell my vote is yes my vote is yes thank you council

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thank you number six MI 2020 001 129 6134 Carpenter Street Sharon Eberindu is the owner

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letter of support from Achieve Availability, and council member Jamie Cothier is in support

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of this application. This application is for a family daycare for a maximum of 12 children

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incidental to and part of the existing single family dwelling and existing structure. The

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The proposed family daycare for 12 children requires special exception approval in the Zoning District RSA 3.

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Sharon?

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Sharon

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owner

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ma'am you have to unmute yourself

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hi could you state your name please and spell it for the court reporter

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hi my name is Sharon

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I'm of tiny tots wonderland

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my address is 6134 Carpenter Street

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Philadelphia PA 19143

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Could you spell your name for the court reporter, please?

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S-H-A-R-O-N.

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E like in Edward, B like in boy, E like in Edward, R like in red, E like in Edward, N like in Nancy, D like in David, and U like in umbrella.

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Right, right.

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

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Yes, I do.

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Our board secretary has a few questions.

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Ishmael, please.

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

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excuse me can you repeat that so i can hear it again do you agree to waive to waive the

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reading of the refusal and stipulate to its accuracy everything is accurate thank you

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ishmael uh ishmael yeah we we don't need to do that for the uh pro se case we read her refusal

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into the record. But you can please proceed with the other questions.

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Yes. Okay. Did you email all the exhibits

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and documents as required, such as the proof of ownership, tax

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clearance, copy of, refusal, or referral, pictures, or

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drawings of the property five days in advance to this hearing?

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And did you meet with an RCO? And do you have a letter?

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Yes, I do.

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Please proceed and share your screen.

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Do you see the green button at the bottom?

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okay the green button oh here you go here you go you're there okay all right now do you have

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your documents yes i do okay is there is that a is it a file on your computer man um this

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the file i sent in all the documents to y'all um there is but i was it was like echoing so much

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on my computer that I just

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went to the phone.

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So I'm actually

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recording it on the phone

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because I'm not getting the echo. I was getting

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a lot of echo from the computer.

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But we need to see

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the documents you sent to us. You got to put them

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up on the screen.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay. Let me see something.

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so what what what you could do is if you have a picture of your property

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put the picture up on the on the screen

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the photos the photos i sent in all the photos yesterday oh god

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it's on your screen somewhere it's on your file somewhere right yeah it's in my file i'm getting

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it okay let's put it up if we can okay let me get the pictures okay okay

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okay all right let me get the files um

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take your time

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okay

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you know where your files are

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yeah i have the i have it here

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okay

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i'm just going to the photos

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some suggestion of our staff on how she should put this up

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are you on your phone now ma'am

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yes yes i am

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