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Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

it appears that the host has stopped it

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pardon me

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it appears that the

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I'm getting a screen that prompts

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that I cannot start the video because the host

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has stopped it

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host

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LaCott, LaTisha

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Thank you.

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I'm checking it now, Chair.

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Sorry, sir.

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Could you repeat the message again?

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Okay.

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It's allowing me now.

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Okay.

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Thank you.

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You've already been sworn.

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Just for the record, state your name again.

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Dean Vassar.

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D-A-N-V-A-S-S-O-R.

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Right.

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Could you share your screen, please?

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Yes.

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And I will begin.

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This is some technicalities.

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I cannot.

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I'm going to do this a little eventually.

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Can you see my screen?

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We see you, sir.

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okay

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um

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do you um see the green share screen button at the bottom of your screen

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yeah and then it doesn't allow me to share

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okay what type of computer are you i have a mac i'm operating under a mac

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nikki ati yeah is it giving you a message um it says

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oh okay all right oh all right i think that yeah here you go oh yeah thanks nikki

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proceed sir

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okay

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what screen do you guys

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see we see it on the map

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and we see your cover page

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I can't I just have

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I'm sorry

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for all this

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can I just turn it down

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is it this

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do you see

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Longner Street

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sorry do you see the

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1550 Lordner Street. Okay. All right. I'd like to start off with the... Okay. So, Mike, Mr. Bunnaguer is the property owner of 1550 Lordner Street. He has owned this property since September of 2000.

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uh uh we had gotten denied or the the refusal to grant a variance uh has

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is mainly because he uh and let me just bring it up uh for context that and do you see that screen

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now we do okay and it is mainly because uh he has a home business uh and they are prohibiting

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it as a home business um and excuse me if i may yes this is miss danny the dba supervisor of the

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hearing may you make that larger for everyone to see please oh absolutely thank you so much

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that's great and yes and and the only refusal is because it is a home business um now um

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i'm going to go back and show his photos of the building yes so

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here is uh the

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Here is the property I question here. It is located in the corner of Larner and the boulevard, and the business is located in the back rear property.

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um it has about three doors of accessibility um inside of the property

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where the business is um is comprised of a few offices um and

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is comprised of a few offices and a few exit doors.

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We have,

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Mr.

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My client has been operating this since 2019

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when he first tried to apply for a variance

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and he has been refused since.

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Um, uh, we did have a meeting with the RCO and, uh, they were opposed to it. However,

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we did have a petition that was signed well over 50 people and the majority of the people

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that were there were in favor of, uh, the business. Um, and I can, what was the vote

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of the RCO? Uh, he refused, uh, he opposed it. And the reason why he opposed it, some

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of the concerns were that there were not enough parking spaces since that meeting my client

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had went and and as i can show on the screen had cleared this space that now can fit two

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parking spots and clients can easily enter the building from these three interest points

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and

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and yes oh so um and that was that was a majority of the clients are are not coming into the business

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um with vehicles uh they live around the neighborhood and they easily come in

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um by walking um but to address the concern that uh that parking was an issue uh uh my client had

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would clear this space out.

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And the reason why that was a concern is because at the corner, and here's the area of view

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at which the property is located at, oh, sorry.

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where the corner where the property is located okay

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it's right on the boulevard and we can see that if we scroll down here

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where many folks were were concerned that this would block traffic at this point

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But as you can see, there was a car that was parked here, and that can fit at least two cars now.

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So that wouldn't be an issue.

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All right.

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So at this particular point, I'm going to...

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We have your client come on.

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he can adopt your testimony.

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Okay.

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Sir, could you state your name, please,

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and spell for the court reporter?

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Yeah, my name is Josh Bonagre.

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Spell your name, please.

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First name, G-O-S-U-E.

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It's a French spelling.

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And last name is Bonagre.

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It's B-O-N-E-G-R-E.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes.

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Proceed, counsel.

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Yes.

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Okay.

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Okay. Mr. Bunninger, would you affirm and adopt that the testimony that I provided to the board would be true and accurate?

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Yes, sir.

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And that you would adopt it?

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Yes. Okay.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Yes, Chair, we had some folks.

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Sorry, I just want to jump in quickly, Mr. Chair. This is Hillary. I just wanted to note for the record that the parking spaces that have been shown, those are not before the board today, and those would require a separate zoning permit.

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We understand. Thank you. Thank you, Hillary. Mr. Folks.

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Good morning, Chairman Bergman, ZBA Board. My name is Sloan Fuchs, S-L-O-A-N-E, F as a fire, O-L-K-S, Office of Council Member Ketzi M. Lozada, Room 316 in the hall.

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

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I do, sir.

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I do, sir. Thank you.

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Proceed.

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Yes. The applicant has met with the coordinating RCO and did receive a letter of opposition from them.

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I would like to recognize that our office did receive a petition from the applicant with 50, exactly 50 signatures on the application.

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We did reach out to a handful of the people that signed the petition just to confirm that they were actually residents there.

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While we appreciate the RCO's position and the applicant's position or the applicant's application, our offices, the council member is not going to weigh in with an opinion at this time.

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Thank you.

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Thank you, Mr. Folks. Anyone else from the virtual audience?

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I see no handshare. Planning Commission?

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

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We agree that this property's location along Roosevelt Boulevard does support a hardship claim for purely residential use.

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However, we believe that the prior and the proposed uses exceed the definition of home occupation by having multiple commercial units with illuminated accessories signage on the basement of this building.

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So that's our main issue with this. Our recommendation is that the board grant the variance with a proviso that the sign all signage be removed from the rear of the building.

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Thank you.

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Counselor, did you hear that?

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I didn't hear what you just said.

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Did you hear that?

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Yeah, I did hear it.

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Do you agree to that?

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I disagree because that's how, like, as we, like, at the corner of the Wizard Boulevard,

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because, like, that's how, like, I mean, my client, like, I'm able to...

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if we have the permission

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like that, I mean, how

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will I be able to

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So we oppose that?

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We would like to retain the

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furniture? I would like to retain

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the furniture because this is a

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professional business I'm doing

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so we are pedestrian

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people passing by, that's how we're able to

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I understand.

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I mean, to see

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the business in order for us

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Okay. So MI 2022-002-881-1550 Lardner Street, I vote yes with proviso. All signage to be removed from rear.

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Thomas Holloman, my vote is yes with proviso.

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Jane Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, counsel.

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So let's go back to number three, MI 2022, 002-349-1129 South 51st Street, Kwong Pham.

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Could you come back on, please?

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He's coming back in as a panelist, Chair.

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Good morning, Mr. Pham. You were already sworn. Just for the record, state your name again,

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please. My name is Quang Din Pham. Right. And how do we make out with our computer?

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Well, we try our best and I think we make some progress. All right, let's see. So I think where

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you should start is photos of the property.

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Okay.

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Could you.

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Where is it?

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It's that green share at the bottom of the screen.

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Okay.

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Okay, the next one, there's one, no.

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Okay, the next one, that's one, no, we're just still seeing a blank screen.

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Yeah, somehow you're only sharing your background.

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When you hit the share button, does it give you options of different styles to share?

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It should give you an option.

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I think you're clicking the wrong one.

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Can you see it now, it's a no?

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No, we still just see the background.

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Up top, the view options.

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Try one more time. Hit the share screen.

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Share screen. Right. And do you have options

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with that?

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You read it. You are sharing screens.

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I'm sharing, I'm sharing, I'm sharing, I'm able to participate.

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You read it, you see.

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You are sharing screens.

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Tell them so they can help you.

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How about up top that button view options, is that anything?

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Okay, there's a series of options, participants, participate 30 to see that right there.

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Is that work, sir?

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We don't see anything but the background.

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Yes, I'm not sure, Chair.

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How about file?

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The button there says file up top.

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Okay.

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Open recent.

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Okay.

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