civus
Hearing video

ZBA Hearing - May 4, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 4, 20225h 13m

if there's specific questions, but nothing as of now.

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Okay.

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Would you want to have your client adopt your testimony?

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Yes.

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I believe he's in the audience. His name is Iftikhar Chaudhry. Mr. Chaudhry.

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Mr. Chaudhry, could you raise your hand, please?

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

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I'm sorry. This is Tanya. May I just ask the question, sir? Do you know if he was calling in?

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Yeah, he called in.

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He called in.

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Okay.

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We have a number.

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We'll unmute that individual.

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Thank you.

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Thank you.

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The phone number ending in 8320 has been unmuted.

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

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Sure.

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I-S-T-I-K-H-A-R, Latin C-H-A-U-D as in David, H-R-Y.

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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 they do proceed mr shaw thank you mr chaudry if you had a chance to listen to my statement of

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relevant facts and do you believe them to be true and accurate yes i do and are you able to adopt

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those facts as your own yeah okay thank you sir questions from the board no mr chairman no mr

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chairman no mr chairman question or comments from the virtual audience

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i see no hands at this time chair hi planning commission uh ron bednarcy planning while this

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property is currently indicated for residential use on the city plan given the physical condition

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of the property and its documented use history we recommend the request for the answer be granted

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Thank you. MI 2021-003-084-2304 Allegheny Avenue, I vote yes.

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Harold Teneri, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, sir.

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MI 2021

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005

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278

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2742

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North Front Street

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Sean Ward

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He's coming back in as a

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panelist now

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Okay

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Okay

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Mr. Ward, could you state your name and spell for the court reporter, please?

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Thank you, Mr. Chairman.

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Let me just get my video started.

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Sean Ward, S-H-A-W-N, last name W-A-R-D,

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attorney for the property owner and applicant who are one and the same.

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Right.

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

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I do.

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Our vice chair has a few questions, Mr. Ward.

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I'm sure she does.

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Hi, Mr. Ward.

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

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see yes i do madam vice chair have you emailed an exhibit packet with the required documents

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consisting of proof of ownership tax compliance copy of the refusal or referral photos and or

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plans of the property five days in advance of this hearing and have you met with the rco

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and do you have a letter yes to all the above that's fantastic

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and do you have a letter yes to all the above that's fantastic you may proceed

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and please share your screen immediately

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all right can we confirm my screen is shared yes it is larger thank you very much uh mr chairman

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members of the board uh as usual i've attached my customary exhibit packet which was submitted to

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the board five days in advance. I represent A-A-G-N-A Realty LLC, owner of the property as well

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as Pankey Patel doing business as Pramuk Financial, that's P-R-A-M-U-K-H Financial Inc. for the

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properties known as 2742 through 46 North Front Street. Attached at A-1 is the Notice of Refusal.

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It is a permit to add check cashing to an existing pawn shop and retail sale of consumer goods, specializing in musical equipment, jewelry, etc.

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We resulted in one refusal, which was questionable at best, but we'd like to confirm it with a variance.

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A personal credit establishment is not permitted in the district, when in fact it's an existing pawn shop, which is considered a personal credit establishment.

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In any event, we seek to confirm the additional use as a use variance.

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A2 is the ZBA application of appeal.

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A3, project information form.

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A4, proof of ownership.

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A5 is proof of tax clearance.

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The tax clearance attached to the packet did not show clear for 2020.

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However, my client did pay online.

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I emailed this to Hillary. It's a copy of the online billing receipt. Thank you for your payment.

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And I got to move something here. Hold on a second. As you'll see at the bottom of the screen,

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the taxes for 2022, an amount of $787.12 were paid on April 29th. Going back to the packet.

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A6 is a site map. A7 are photographs of the property. A8 is the RCO meeting notice and certificate of mailing. A9 is the RCO letter from HACE. A10 is a petition of support with pages of signatures from nearby neighbors and customers of this facility.

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uh a11 is uh if submitted uh of course you know we don't always get copies but that would be the

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district council person's letter a12 uh relevant zoning history from 1978 to present this has been

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used as a a pawn shop so to a variance granted by the board uh way back when uh a13 is proof of

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licensing uh precious metal dealer pawn shop and scales and scanners a14 is the zoning map a15 is

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the aerial photograph. So not to belabor, but they're in the refusal dated 11-23 of 2021

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for the subject property 27th. We saw the use of a check cashing, which is considered personal

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credit establishment with other previously approved uses, whereas this use is prohibited

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in the CMX2. So we also have the application of appeal, the project information form,

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my transmittal letter to the board asking for an answer and hearing, copy of the deed. As you can

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see, one deed encompasses 42, 44, and 46 on the 27-hour block of North Front Street.

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as stated previously the original packet had indicated that the 2022 taxes remained unpaid

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but they were paid last week this is a site map from google indicating the location of the property

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it's on north front street at the terminus of east seltzer street s-e-l-t-z-e-r between somerset

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and uh the other street i'll call it okay uh here is a uh a google angle view of the property it

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encompasses the three tan buildings together uh 2742 44 and in 46 another google street view

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of the property as you can see the three tan uh facade structures uh combined as one for the use

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as a pawn shop. Another photo. Photographs of the interior, as you can see.

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another photo photographs of the interior as you can see they do specialize in musical

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equipment as you can see a lot of bongo drums hanging on the wall

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this would be the check caching window on the other side would be the customer area

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this is from the customer area looking in

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and again another photo of the interior of the shop we did send out our rco meeting notice

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on February 28th, indicating that the hearing would be held today at 3.30, before the property

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at 2.742, and the RCO hearing meeting was held on March 9th at 5.30 p.m. via Zoom.

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It included a copy of the refusal and one, two, three, four pages of addresses.

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that was 166 addresses for this property and they were mailed out on March 1st as you can see by the

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postal stamp. With regard to the letter from the RCO it does reference 2742 final position taken

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was of support seven in support one opposed one abstaining. They do indicate that based upon

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public discussion uh the zoning committee voted to uh you know vote uh seven votes to support

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one in opposition and they submit this letter in support of the proposed variance

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again i mentioned that we had multiple pages of a petition of support as you can see they're all

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Numerous, numerous in content and therefore we submit that additional indication of support

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and that petition was provided to Hase RCA RCO and then of course attached is the supporting

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documentation for the continuous operation as a pawn shop over the years copies of their license

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is etc etc it is zoned cmx2 commercial uh the the purple outlined one hang on a second

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uh the uh purple one is 27 42 uh above that would be uh 44 and then above that would be 46.

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and then of course i always conclude with a picture of an aerial photo from google indicating

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the location. So going back, the bottom street is Lehigh, so it's between Lehigh and Somerset.

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Based upon that, the board grant the variance requested to add one additional service to an

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existing personal credit establishment based upon the support of the community, the neighbors,

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and existing customer base. If the board needs, Mr. Patel is on the call.

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he can either verify and adopt or as an officer of the court i'd be happy to indicate that based

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upon my discussion with him he'd be willing to do so and in the interest of brevity i would

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ask for board acknowledgement that he verifies and adopts that's fine you you you're an officer

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the court will take that questions from the board no mr chairman no mr chairman questions from the

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virtual audience or comments i see no hands at this time chair planning commission

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property is indicated this is ron bednar city planning this property is indicated for commercial

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on the city plan given the physical conditions of the site we recommend the quest for vantage

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to be granted. Thank you. MI 2021-003-084-2304 East Allegheny Avenue. I vote yes.

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Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you, Mr. Chairman. That concludes my business. May I be

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excused. You can. Thank you very much. MI 2021-005-274-555-Vankirk Street. Octavia Brown,

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owner, pro se. Letter of non-opposition from the coordinating RCO Longcrest community.

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Mr. Chair, this is Hillary. I need to recuse myself from this matter. Drew Aldinger will be

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filling in if he can be promoted to panelists thank you thank you

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octavia brown she's coming back it is a panelist now chair mr all diggers also

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She's coming back in as a panelist now, Chair.

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And Mr. Aldinger is also coming in as a panelist.

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Thank you.

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Hi, I'm sorry.

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It was just taking a little while to connect.

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I'm just turning my camera on.

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Sure.

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Could you state your name and spell it for the court report?

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Hello, everyone.

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My name is Octavia Brown, O-C-T-A-V-I-A, and Brown, B-R-O-W-N.

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

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Yes.

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Okay.

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Our vice chair has a few questions.

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Hi, Ms. Brown.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property,

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

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Yes, I've done everything. I have a letter. I received an email earlier today saying that I

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accidentally forwarded you guys the long copy, I'm sorry, of the mortgage document that I thought

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was the deed. I did at least send the deed, and I hope you have that, but if you need anything,

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I have everything here that I can kind of pull up as well.

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I think we're good. You may proceed. Please share your screen.

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Okay, thank you.

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Please give me one second to kind of navigate.

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And I just wanted to be clear in regards to sharing my screen,

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you guys just want to see the documents again that were sent in?

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Yes.

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Okay, thank you.

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I'm going to do that right now.

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And I apologize.

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I don't have, like, the PDF document that it looks like the lawyer's head.

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But I do have everything that I can pull up one by one.

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Is that okay?

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Sure.

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And you guys can see that right now?

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You can see your screen.

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You should start sharing.

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Thank you.

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Okay.

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So I will have to get back in because this deed here is not the right one.

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this is the original one and i'll get that right after i pull up everything else okay so the first

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document that i'm pulling up i'm sorry this is tanya miss brown it looks like it's spinning

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on our end does everyone see it's spinning it's spinning miss brown how about if you turn off

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your video and then try to start and see if that helps with the um the sharing

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um you're going in and out i think it's tech um technical

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it might be low bandwidth how about if you um did you um take down your video

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turn your video off

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I think now she's frozen.

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There she is.

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Yeah, I think I froze.

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I'm sorry.

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I'm freezing over and over again.

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So do me a favor and turn your put a line through your video.

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Just hit the camera.

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And that way it won't affect your sharing.

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Hopefully.

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And I'm sorry, I didn't hear a thing you guys just said.

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Can you guys please say that again?

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Can you turn off your video?

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Oh, sure.

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Okay, so I stopped my video.

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Now try sharing again and see if it works.

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Okay, thank you.

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I think that's better.

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