civus
Hearing video

ZBA Hearing - October 18, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 18, 202246m

Thank you.

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and chair we have 28 attendees and we can start as you wish wow okay good morning my name is bill

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bergman and i will be chairing this morning zba hearings with me is carol tenere our vice chair

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Present, Mr. Chairman.

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Ismail Shahid, our Board Secretary.

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Present, Mr. Chairman.

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Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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And James Snell, our Board Member.

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Present, Mr. Chairman.

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Also here is our Board Attorney, Hillary Emerson, and Lakeisha Dandy, our ZBA Hearing Supervisor.

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Before we begin, here's our virtual format.

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Be advised, proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting tonyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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mute. To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And finally, the question answer box on the screen is not for

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comments or testimony. Any comments have to be referred to our Executive Director, Tanya Sunkett.

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Let's look at today's continuances. Number one, MI 2022 001641 451 Broad Street. This is a joint

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request for continuance from Council for Parties. This case is being continued to Tuesday, December

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20th, 2022 at 9 30 a.m. Number two, hold on a minute please. Case number two, MI 2022 001-638-451

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Broad Street. This case is being continued to Tuesday, December 22nd, 2022 at 9 30 a.m. Number

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three, MI 2022-004-396-2901 Grant Avenue. This case is being continued at the agreement of all parties.

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Number four, MI 2022-003-368-4701-15 King Sessing Avenue. This case is being continued to 925-22.

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number five

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sorry that that case is being continued until tuesday november 15th at 9 30 a.m

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or 701 15 king sessing all right this case the king sessing is continued till tuesday november 15

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at 9 30 a.m number five mi 2021 003 169 90 rochelle avenue this is a request for continuance

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attorney moving parties

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number seven mi 2022 excuse me mr chair this is this is hillary was that request granted

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attorney moving party for Rochelle Avenue? Okay, thank you. Thank you.

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MI 2022 001 637 518 Hartel Avenue. Joint request for continuance from parties. This

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case is being continued to Tuesday, December 2022 at 9 30 a.m.

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number eight mi 2022 001 644 448 to 52 ron street joint request for continuance

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448 to 52 Ron Street, joint request for continuance. The case is being continued to

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Tuesday, December 20th, 2022 at 9 30 a.m. Number nine, MI 2021-005-069-610 Locust Avenue,

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request for continuance. This case is being continued. It will be rescheduled.

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No. And number 11, MI 2022-001-642-448-52-Rawn Street. This is a joint request for continuance. This case is being continued to Tuesday, December 20th, 2022 at 930 a.m. Are there any other requests for continuance?

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i see a hand from mr paul boney okay may i allow him to speak you can

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mr boney can you unmute yourself good morning mr chair morning council could you

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identify yourself spell your name please my name is paul bonnie b-o-n-i right do you

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swear for him to tell the truth, the whole truth, nothing but the truth? Yes, I do. What case do you

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want to talk about, sir? I wanted to talk about 90 Rochelle Avenue, which is MI 2021-003169.

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I represent the RCO in this matter. And I have just a question or two, if you don't mind,

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Mr. Chairman. I'm fine with the continuance, but it's been some time that I've been

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involved with a continuance that is, quote, attorney moving party, and I just wanted to

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get some clarification. Does that mean that the case is on hold until the applicant's attorney

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asks that it be listed? Hillary, why don't you respond to that?

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Sure. And I think we should also recognize that counsel for the applicant is present, Rachel Pritzker. I would promote her as well. So attorney, attorney moving party means that the case, the case is not going to be relisted for the next 90 days.

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will we wait to hear from the applicant about whether they would like to continue attorney

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moving party status or whether they would like the case listed. If we do not receive

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a status update within 90 days, the case is automatically relisted for another hearing.

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Okay, thank you. Can I ask for an agreement that if Ms. Pritzker's office asks for

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did it to be listed that that request be copied to all counsel is is it is Rachel there here

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yes Miss Pritzker is here she's ready to speak

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hi Miss Pritzker could you state your name is spelled for the court reporter

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yep Rachel R-A-C-H-A-E-L Pritzker P-R-I-T-Z-K-E-R 1521 Locust Street Suite 605

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philadelphia pa 19102 thank you do you swear for him to tell the truth the whole truth and nothing

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but the truth yes i proceed did you hear uh mr boney i did and i have no issue with that request

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okay all right thank you everyone thank you any other requests for continuance

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i see no hands here okay we're going to start with case number 10

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mi 2021 003 710 2440 to 42 south 9th street we also have an interpreter on here

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mr chen is the owner applicant and it's a pro se

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There's a letter of non-opposition

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from Councilman Squilla

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and also a letter of non-opposition

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from the Lower Moy Medicine

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Civic Association.

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If the applicant is in the audience,

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could you please?

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Mr. Hang is in the audience

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and Mr. Sue.

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okay the the applicant i see the applicant there yep chow fan chen is the applicant he's the one

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who will be testifying um miss uh mr huang maybe the interpreter okay can we ask him i know uh mr

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Okay. Can we ask him? I know Mr. Zhu, Sam Zhu, has been assisting the applicant.

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zoo, Samzoo,

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Is the interpreter here? Yes, I'm going to promote Mr. Sam to panelists.

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Sam is not the interpreter. I believe Mr. Huang is the interpreter. We need to clarify.

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Hello, this is an interpreter speaking.

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My name is, can you hear me?

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Yes, could you speak your name and spell for the court reporter?

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Yes, my first name is H-U-I-P-I-N-G.

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And the last name is H-U-A-N-G.

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And I'm a Mandarin interpreter.

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

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Yes.

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Could the applicant please come on?

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Can you unmute yourself up, Mr. Heng?

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Mr. Chen, speak up please.

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I'm not sure because I tried to contact the person.

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I believe he has some issue with their internet.

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He has not yet joined the webinar.

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Okay.

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He's raising, this is Hillary.

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He's raising his hand now.

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Promoting him to panelists.

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I interpret it.

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Could you have him state his name and spell for the court reporter?

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He needs to unmute himself.

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您自己需要就是要解除静音才可以讲话。

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现在可以听见吗?

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Can you hear me now?

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We can.

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可以了。

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我的名字叫Chao Fan Chen, C-H-A-O-F-A-N-C-H-E-N.

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Yeah, my name is Cao Fan Chen, C-H-A-O-F-A-N-C-H-E-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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你能就是宣誓你所讲的都是真实的吗?除了真实的,就是真实,所有都是真的。

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对,对,所有都是真实的。

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Yes, it's all true.

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So our vice chair is going to have a few questions for him.

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那副主席有几个问题想要问你?

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好的,好的。

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Okay, yes.

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Hi, good morning.

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Have you emailed the exhibit packet with the required documents, including proof of ownership, tax compliance, and tax compliance?

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你有没有就是E-mail将这个展示,我们所要求的这些文件展示,证明您是这个业主,有没有就是发送呢?

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Yes, I have already sent all the required documents, including the deed and the sales of their deed.

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I basically have everything sent to the government.

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The other required documents are a copy of the refusal or referral,

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photos under plans of the property, five days in advance of this hearing.

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And the last question is, has he met with the RCO, and is there a letter?

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I'm sorry, this is the interpreter speaking to ensure accuracy.

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Can you please repeat?

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Okay.

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Okay. Has he also mailed a copy of the refusal or referral, photos and or plans of the property? And I'll let you ask him that and then I'll ask you other questions.

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那现在你有没有就是说也包括所有的就是说这个就是说关于这个房子的一些照片

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翻译再确认一下

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Interior wants to make sure so it's referral I mean referral of what did you say the property

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A copy of the refusal or referral

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Okay.

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就是关于这个拒绝或者就是转介的有没有

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什么

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关于这个

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So basically, what is that document?

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The documents that he should have, they should be in his exhibit package.

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Let me start from the top, and hopefully you can remember everything.

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He's already answered yes to proof of ownership, tax compliance, and the other four things are a copy of the refusal or referral, photos and or plans of the property.

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And this has to have been sent in five days in advance of today.

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Okay.

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Final question.

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Carol, this is Hillary.

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I think, just for the sake of clarity, I can confirm that all of the required documents have been received from the applicant.

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So I think, yeah, so I think we're good there.

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I think we just need to make sure we read the refusal into the record because this is a pro se case.

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Great. This application is for, thanks, Lori. This application is for use as two dwelling units in an existing structure. There is one use refusal. This proposed use, two dwelling units, is expressly prohibited in the RSA-5 residential zoning district.

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And you may proceed.

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and can you please share your screen

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interpreter make sure he knows we want to have the share screen okay

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okay and you can let him know that we read

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the information from the refusal

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into the record

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so we're clear what this case is about.

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Okay.

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好,那现在我们已经将这个

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我们已经看到了。

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之前您提供的这个

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好的,好的,谢谢。

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就是所拒绝的已经放进去

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Okay, thank you.

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Pauline, could you talk to the interpreter?

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Oh, never mind.

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Maybe this is it.

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This is Pauline.

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I'm from IT.

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If you would like to just explain that if you hover along the bottom of your screen, you'll

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see a green share screen button.

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if you click that you can then click on the um document that you want to share with us

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interpreter could you tell the the person that okay uh

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i'm sorry can you repeat again about the share screen button right on the bottom after okay

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You can share it.

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Interpreter, could you ask them what type of computer he's using?

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Oh, you're using the phone.

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Or is he using the phone?

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Oh, phone.

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Okay.

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But, this is, oh, okay, this is Pauline.

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After he clicks the share screen, does he have any documents that pop up?

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If so, he can click on the one he wants to share.

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这样子你点一下,你有没有看到这个 share screen?

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就是分享你的屏幕?

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你点一下,然后呢,看一下有没有什么文件跳出来?

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你就点那个文件就可以分享。

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你说要分享的文件。

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So if he doesn't see the share screen

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If you could please let me know

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What type of phone he's using

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好

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如果你看不到这个分享文件的这个指标

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那您跟我说一下

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您用的是哪一种电话

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好

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iPhone 13

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iPhone 13

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Okay

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I'm going to check on something

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I'll be right back

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好

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