civus
Hearing video

ZBA Hearing - October 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20266h 49m

So, Mr. Consul, our vice chair has a few questions for you.

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Sure.

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Good afternoon.

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Have you submitted your documents and exhibits 14 days in advance of this hearing?

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I did.

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I can answer these, Alexandra.

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At the end, you'll be able to talk.

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Okay.

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Okay.

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All right.

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Thank you.

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And do you waive the reading under refusal and simply to its accuracy?

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I do.

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All right.

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Thank you.

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As interpreter, just stay on, please, just in case there's something we need you for,

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okay?

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I appreciate it, sir.

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Okay. All right, Joe. All right. Good afternoon, Chair Bergman, members of the board. Good to see you again today. Joseph Consul. I'm here with MS Labs, Inc. and Alexandra, who is on the call.

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This is for a use variance for personal services, specifically a small beauty salon within the two lower commercial floors of an existing mixed-use building.

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It's in the RMX3 district.

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The third floor is a dwelling unit.

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It's a pretty narrow refusal.

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As you know, RMX3 permits retail sales and commercial service uses, but it's only approved for 25% of the total gross floor area.

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And so, as you can see on the refusal, we're at about 65% of the gross total floor area.

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So, we need variance relief for her to operate her salon.

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um i will show you the pictures this building was not built uh to make that um that percentage work

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appropriately so that would be our our hardship it's the external of the building

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it's the internal

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all and again alexandra will be here to answer any questions about the intended setup and that

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sort of thing in a second it's a work in progress it's a very clean space

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photos see the outside on the second floor my client prepared an evacuation plan

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something showing the layout I'll leave it on I'll leave it on there the proposed manicure

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and hairdress areas pedicure area bathrooms lounge um that sort of thing uh we believe this

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is a pretty low impact use uh her intent and again she can confirm it would be to have an

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appointment-based salon with a reception and waiting area manicure pedicure stations hair

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service areas two private rooms a restroom and support spaces uh we don't believe this will cause

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any undue burden on the community or the traffic or the parking or any anything like that uh the

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rco gave their i mean as good as you'll get from chinatown it's their vote of non-opposition

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they raised reasonable questions about waste disposal and ventilation

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uh and they eventually came to a space of non-opposition uh and we have we have a way in

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and we have a weigh-in from the upstairs neighbor.

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She signed in saying, she wrote a note saying she's not objected to the proposal

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and seeks approval of the variance.

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I believe this is, in her mind, a pretty low-impact use

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and one that she's okay with having underneath her.

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So I'll go through just the final items quick,

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and then we'll go back to the floor plan.

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There's a non-opposition letter.

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Support from Sophia, as mentioned, the lease and the letter of authorization from the representative, Philip, who owns the LLC that owns the building, the tax clearance certificate valid through November 13th, proof of mailing.

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and that's it so i'll go back to the floor plan um as i think that would be the only thing that

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would potentially generate questions from the board um other than that i would would open it

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up she uh she's well enough to adopt your testimony correct yes um alexandra did you

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hear my testimony just now regarding your proposed use at the property yes I did do you agree with

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what I said and do you adopt it as your own yes absolutely okay we'll open up the questions from

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the board questions from the board yes ventilation how are you venting uh the um salon I know with

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these places they tend to have a very strong smell or odor or whatever whatever the chemicals are

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that they're used for I don't know polishing or cleaning or whatever so it's

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your plan for ventilation okay so this is gonna be European style salon this

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we're not going to use any strong orders materials and all as we know how to

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smelling in Asian songs there is a dust collectors mounted in on the tables and

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And there is already was ventilation before us, but you were not providing any orders at all.

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All the questions.

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Yes.

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I believe this is the second floor lounge space where the kitchen is.

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Is that like for the employees or your customer and employees?

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That's for the employees.

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We're preparing coffees and teas to give to the customers.

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but mainly

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like your break space

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exactly yes

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and the lounge area on the second floor

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either for the employees

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other questions

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do you have a picture

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of the front

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of the building

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like where people would actually

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come into the property

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is this the front

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this is just the

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inside if you will

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scroll a little bit up, you will see that up front. Yes, here we go.

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So that's the entrance. Did you want to see the inside, board member?

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Sure.

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Okay. I'll just scroll through them again.

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So that's the external entrance.

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Okay.

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all right um alexander is this looking in from the main entrance yes exactly that's that's what

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you will see when you will enter the this big black door okay

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all the questions questions from our attorney no questions at the time from the virtual audience

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i see no hands at this time chair planning commission

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yeah say your name does a bit fusillade with the planning commission

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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the comprehensive plan um this is liz fusely from the philadelphia planning commission

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The comprehensive plan recommends no change to the RMX-3 zoning at this location.

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The use variants, if authorized, will not alter the essential character of the neighborhood

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or district in which the property is located.

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The Planning Commission recommends the board grant the requested variants for personal services

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on the first and second floor levels.

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MI 2026-004502-1233-35 Hamilton Street.

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I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tynetta Graham, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ryan McAdams, my vote is yes.

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Taya Wynn, my vote is yes.

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Blayla Beebe, my vote is yes.

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Thank you.

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Interpreter, thank you very much.

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And Joe, thank you.

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Thanks.

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See you in a little bit.

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Number nine.

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MI 2026-004-032-4133 West Gerrard Avenue.

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um andrea dunbar and alan jones are the owner occupants pro se it's a pro se

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andrea dunbar has been promoted to panelists

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Hello, how are you doing?

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This is Andre Dunbar and Alfred Jones.

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

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Yes, my name is Andre Dunbar, A-N-D-R-E,

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Last name Dunbar, D-U-N-B-A-R

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And I have Alford Jones, my partner

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Who's going to testify?

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Andre, Andre Dunbar, I am

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Okay, so do you swear or affirm to tell the truth

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The whole truth and nothing truth?

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Yes, I do

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And you have a letter of support from East Parkside Avenue

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And also a letter of support from Council Member Gauthier

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Our Vice Chair has a few questions for you

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Good afternoon

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Have you submitted your documents and exhibits 14 days in advance of this hearing?

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Yes, I did.

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And is your understanding that you're here for multifamily three dwelling units?

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Yes.

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Okay.

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And is your understanding that you've been refused because of your RSA 3 zoning district?

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This prohibits this use and you need some accessory parking spaces.

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Do you understand that to be your refusals?

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Yes, I do.

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Okay.

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All right.

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Thank you.

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You can share your screen and proceed with your case.

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Tell us what you want to do.

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That's it right here.

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Okay.

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First of all, I'd like to say good afternoon, Mr. Chairman and members of the board.

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Again, my name is Andre Dunbar, and I am the owner of this particular property, 4133 West

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Gerard Avenue.

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I'm here today to request a re-approval of a use variance to permit a three-unit dwelling

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inside the existing structure.

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I also want to emphasize right from the onset that this is the exact same project with the exact same dimensions, footprints, and layouts that this board previously approved.

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There's absolutely no changes to the building or the scope of this project since it was last granted.

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We are back before you today solely because our previous zoning provisions and permits expired due to an extraordinary consequences and delays beyond our control.

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So why don't you put your video on and start showing us the property and your plans?

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Okay.

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Can we share?

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How do we share?

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Can you see the property?

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Sir, sir, sir, sir.

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Wait.

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So you're the one testifying, right?

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You're the only one can really speak. I'm sorry. Can you can you can you guys see the screen?

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No, sir, we can't. I'm sorry to interject here. This is Ian Haggerty. Sir, if you want to show

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your screen, you're going to have to pull up the documents that you want to share first. And then

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you're going to see a button in your zoom window below where your video is. And there should be a

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button there that says share. It looks like an arrow pointing upwards. That'll allow you to pick

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the window that you want to share to the board. Okay. Okay. So where's that button? Okay. It says

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share and I am attempting to share it with you. Can you guys see? No, after you click the button,

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it should be asking you what documents

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do you want to share. After you click on that

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document, it should open right

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up.

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Are you in the room? It looks like you're in the document.

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Don't click that share.

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Okay.

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One second here.

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I'm trying to share my screen here.

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Is this them?

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Is there a share?

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Okay, here we go.

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Can you guys see what I'm sharing?

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Okay, there you go.

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It's coming up now.

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It's coming up.

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Okay.

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So that's your house. Yes. Okay. Yes. That's the property 4133 West Gerrard Avenue. That's that's the property in question. That's what it looks like now. And I'm moving forward to show you the plans and the previous before and after pictures.

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So that's your house?

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Yes.

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Okay.

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Yes, that's the problem.

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When were you originally approved?

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I was originally approved back in 2000.

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Go to the original pre-approved page.

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One second.

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