civus
Hearing video

ZBA Hearing - September 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20235h 43m

Yes, Chair.

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Yes, Mr. Chairman.

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You're muted, Bill.

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Mr. Chairman, you're muted.

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Is Sloan Folks on?

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yes sloan folks is gonna be allowed to speak

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hi mr folks how are you sir good afternoon chairman bergman

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could you sure could you state your name and spell for the court stenographer

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yes sir my name is sloan folks f as in fire o l k s uh also representing the office of

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council member ketsi lazada room 316 city hall do you swear for him tell truth the whole truth

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nothing but the truth. Yes, sir, I do. And I'll try to be brief because I know it is late.

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This property, 430 Westbrook Street, we received a letter from the coordinating RCO. I'm not going

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to belabor that because their issues were outlined. There were a number of provisos that

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they requested from the developer that we aren't sure whether the ZBA could even

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make the developer conform to, they may have been better served, some of them may have been

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better served in a community benefits agreement. But there is something I'd like to read

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from the letter that we had that they sent. It says a total of 23, not quoted, a total of 23

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eligible votes were cast, 20 in favor of granting the variance with the list of proviso and three

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against. After the meeting, it says SKCP, South Kensington Community Partnership,

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contacted the applicants to convey the three provisos. The applicants indicated they had

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concerns with the process and the provisos and would not meet them. While the failure to meet

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the provisos means the SKCP will not support the project, a position of opposition is also not in

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keeping with the community vote. The letter goes on to say, at the same time, we respect the desire

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of near neighbors to see the site developed by the applicant. As a result, SKCP does not take a

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position on granting the variance. Now, this variance request, this property development

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does fall within the mixed income neighborhood overlay district, which was approved back in

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2022. And this overlay district does require that all new developments

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of at least 10 dwelling units or 25% residential usage provide affordable income of up to 40%

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of the area median income in that area. So while we understand that South Kensington Community

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partnership and the group was looking for a higher ami for affordability we do believe that the um

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the the project as it sits is going to is by law by code has to provide some affordability

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that being said um we're not going to take a position um we would like uh we're not going to

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take a position uh our office will continue to discuss um affordability um opportunities

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or with this project, with the developer, in hopes of coming to something closer to what the community would like,

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but we're not going to stand in the way of what the near residents' desires are.

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Mr. Chairman, just to be clear, with all due respect to Mr. Folks, because we had talked about this before,

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that requirement that is referenced took effect after a certain date.

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and was not in effect at the time that this application was put in um so it's not a requirement

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for this project it's a requirement for projects were submitted after the date of its effective

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after its effective date and i but i do agree that after the effective date that is the requirement

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but this refusal is not incorrect in that respect that it's it doesn't question

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this refusal is not incorrect in that respect that it's it doesn't question additional anybody

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else in the virtual audience there are no hands chair planning commission

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good afternoon chair and members of the board my name is greg baldwin planning commission staff

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the comprehensive plan recommends a change in zoning to commercial mixed use at this location

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whereas allowed um sorry whereas the proposal would exceed height requirements of the proposed

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commercial mixed use commercial district um the proposed commercial space would be required under

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that district the city planning commission recommends that the board deny the requested

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variances for height and unit count but grant the variance for commercial use well well right now

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there is no variance for commercial use but i mean i guess if there were to be but because that's not

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part of the application right now. We're kind of sticking with

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our original proposal. All right. We've had a lot of testimony here.

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We're going to take this to the executive session. We'll vote

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on it next Tuesday at 2 p.m. And Mr. Chairman

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and members of the board, I just want to say I do agree with Mr. Folks. We will continue

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to work on the question of affordability because my client is committed to that.

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All right. Thank you. And Mr. Chair, I just want to know

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the record the record is closed on this case as well as the prior case where we're holding

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for executive session discussion all right we're going to take a five minute break uh we'll come

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back and we'll get to the three theory list thank you thank you chair okay

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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I'm back, Mr. Chair.

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Thank you.

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Thank you.

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Are we ready to go?

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Looks like we're all ready, Chair.

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Okay, thank you.

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You want to start recording?

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Nikki from IT?

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The recording is going.

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Thank you.

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Thank you.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing the ZBA hearing from 3.30.

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With me is our vice chair, Ismail Shahid.

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He's here.

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Our board member, Thomas Holloman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

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Here's our virtual format. Be advised, the proceedings are being recorded. The video will be available by contacting tanyasunkett 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 participate by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter the appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for this afternoon.

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Let's see here.

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Number seven.

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Number seven, MI 2023-001-428-636 Christian Street. That case is continued. Is there any

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other requests for continuance? I see no hands, Chair. Also, number six, this is the first

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First listing, MI-2023-001-417-2602 North 30th Street.

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We have no exhibits first listing.

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We believe there's also an attorney needed.

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The listed owner is AEB Holdings LLC.

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I have a hand up.

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It just says caller and use number three.

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Okay.

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Can I allow them to speak?

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Please.

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Caller in use number three, please unmute yourself and wait for the chair.

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

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Yes, Adrian Hernandez, RCO. My last name is spelled F-E-R-N-A-N-D-E-Z.

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Yes, Adrian Hernandez, RCO.

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My last name is spelled F-E-R-L.

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

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Yes.

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Do you have information about 2602 North 30th?

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We had no information other than the RCO notice. No meeting was scheduled yet.

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in this area.

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Yeah, I'm waiting to see if the owner's here first.

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Okay.

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And then I'll take the appropriate action once I find out where the owner is, because we have no exhibits for this.

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Okay?

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Yeah, we don't.

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Okay, thank you.

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Is AEB Holdings LLC listed, owner or Joseph Patton in the audience?

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I don't see them there, Chair.

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Okay, thank you.

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MI 2023-001-417-2602 North 30th Street.

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First listing, no exhibits.

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Case is continued.

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Mark must be tried.

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We're going to go out of order here a minute.

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We have a few pro says.

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Number eight, MI 2023-004-664-4830 B Street.

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Haeyoung Bak is the attorney for the owner.

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hey young bop if you're in the audience please raise your hand

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mr chair i believe david chandler is the attorney in this matter who is present

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okay okay i do see them in the audience i see david chandler um i will promote

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Promote David Chandler.

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He has been promoted to panelists.

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Thank you.

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

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Hello, counsel.

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Okay.

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Yes.

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Yes.

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

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Yes.

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My name is David Chandler, C-H-A-N-D-L-E-R.

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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, Mr. Chairman.

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We understand that the interpreter that we had for this case is no longer available.

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If you think it's appropriate to have that, then we will continue the case and give you a quick turnaround.

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Okay.

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We believe we can proceed.

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Mr. Castillo does speak English somewhat.

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So since I guess I'll be doing most of speaking, we would like to proceed.

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All right.

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Okay.

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This is a reconsideration here.

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Am I correct?

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Yes, it is, Mr. Chairman.

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There was a previous attorney representing the applicant, but he's no longer with the case, and we took it over in May.

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Okay, okay, fine.

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Prashid, we have all your documents.

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Yes.

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Well, Mr. Chairman, this is the property at 4830 B Street in the Fairhill section of the city, and the owner is Mr. Jesus Castillo.

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That's C-A-S-T-I-L-L-O.

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and he has owned the property

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since 2016

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and he would like

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he's applying for a variance to

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counsel could you share

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your screen and put your documents up please

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oh sure

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are the

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oh here it is

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share screen

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yes

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yes

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select the window

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share

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it's coming up

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we see the zoom screen

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that's all we see

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zoom

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see our screen sharing

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new share

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do you have your documents pulled up on the screen uh no i i don't see them

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No, I don't see them.

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Oh, okay. So you just want to just, I'm going to help you stop share. So just pull your documents up first when you're screening your exhibits that you would like to share.

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oh

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Sure.

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and once that's open just click that uh share screen button at the bottom of zoom

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the green button okay and then it will ask you what documents you would like to share

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just click on the uh tab where your documents are

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i'm sorry okay it's coming up now it goes to zoom yeah okay

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so just try to minimize that screen

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