civus
Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

difficulties now i wanted to show you that that uh and i'll do that in a minute but anyway and i

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have my neighbor next to me vince de leo he's on site have him have him put his name can we have

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him put his name and address on the record please can he hear me yes yes yes okay let me raise the

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hand mr de leo wait a minute wait a minute he's in the room with them wait a minute wait a minute

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Wait a minute. If you have somebody who wants to testify, just have him say his name and I'll swear him in.

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Go ahead.

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Vincent DeLeo.

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

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Vincent DeLeo, V-I-N-C-E-N-T, D-I, capital L-E-O.

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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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Yes, I will.

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Okay. Go ahead, Mr. DeMarco.

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Just in your own words, Mr. DiLeo, tell the board where you live in relation to this property and if you support the requested relief.

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I live in the 5100 block of Knox Street.

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The next block, right? That's the next block, right?

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Yes, yes.

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Go ahead.

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And there's plenty of parking over there. I haven't really seen any problems.

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Like, like Jerry said, there's like every three houses, they have driveways and they can fit three, three to four cars in those driveways.

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So I don't, I don't see where it's any problem.

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You know, it's like I said, it's been there over 25 years.

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So.

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And like I said, it'd be devastating to have to, you know, try to convert it back to a single family dwelling.

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Okay.

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All right.

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Is that your case, Mr. DeMarco?

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Pretty much, Mr. Chair.

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We had an RCO meeting.

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It was an odd scenario.

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There was only one neighbor.

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It was Mr. Mingo who voiced support for the application.

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And the rest were just members of the RCO.

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And he was the only neighbor there, and he was in support.

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And so all the neighbors that we have spoken to support the application because it's a long time.

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It's been there a long time.

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There are a handful of other multifamily dwellings on the lot, but it would be, and my clients are of limited means.

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They're local. They're in the neighborhood. They're not absentee landlords. There's trash storage.

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They have longtime tenants who appreciate the opportunity to live there, and it would be a difficult and a catastrophe for them to have to convert to single family, and they lack the means to do it, and it's not of their own making.

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the hardship is not one that they created they inherited it from their parents so i would say

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there's go ahead that that's all i have thank you question questions from the board no mr chairman

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oh mr chairman questions from the virtual audience or comments uh chair bergman this is tanya

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i hate to interrupt but i just wanted to confirm that we have um the letter from the community um

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and the position is opposed.

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We do.

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Okay, thank you.

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That's fine.

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Questions from the virtual audience.

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Anybody have a question?

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Mr. Chair, I have Ms. Alice with her hand raised.

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Mr. Chair, I have Ms. Allison with her hand raised.

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Okay.

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

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Yes, Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S, Solo Germantown Civic Association.

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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.

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proceed yes thank you uh we were the overlapping rco and affected rco and we attended the rco

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meeting and the community felt that they were not presented interior photographs to substantiate

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the claim that this property has been a two-family property because we could not find

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any records to indicate that that there has been uh rental licenses or permits to

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uh construct a two-family or any kind of uh you know information that would show that this had

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been and is a two-family situation so the community was opposed

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there were four members who opposed thank you and thank you for calling in so mr demarco do

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you want to very brief response mr chairman uh the community as it's defined would be the near

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neighbors who received notice of this of the meeting and none of them have voiced objections

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in fact the only neighbor that attended the zoom a meeting was mr mingo who was in support the

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other members, so-called members of the community, were the coordinating RCO and Ms. Weiss who had

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issues with the application. But the actual neighbors that are impacted and are nearby,

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such as Mr. DeLeo and Mr. Mingo, have no objection to it. So my client has testified truthfully that

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this property has been a duplex for 25 years. We've shown you the multiple meters. There's

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multiple water heaters, and I'm having trouble showing my screen, but I'm going to, anyway,

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there's the meters. There's clear proof that it's an existing duplex. My client has long-term

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tenants, but I understand that Ms. Weiss had concerns and doesn't think that this is a duplex,

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but we can't get a rental license because this is why my clients are here now. They're trying

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to get this resolved they're trying to get this finally legalized it's been that way for 25 years

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their mother did it and jerry can you just verify did your mother was your late mother

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that converted the property to a duplex while she owned it is that right

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jerry are you there okay all right all right mr demarco i understand

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i understand everything you're saying thank you for your time planning commission i'm sorry chair

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This is Tanya. We do have a representative from the council's office. Mr. Richardson,

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may we acknowledge him? Sure. Thank you. I'm allowed to speak.

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Thank you again. Mr. Richardson, just state your name, please. Sure. Charles Richardson,

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Office of Councilwoman Cindy Bass from 312 City Hall. Also, the 12th Ward coordinating RCO did

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send something, but they sent something late as, you know, unfortunately it did not reach you.

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There is also an opposition. Councilwoman feels that she never likes to do legalizations, especially since the folks did conversions without the benefit of permits or anything along those lines.

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We do note that there was a rental license back in 2004, which has lapsed since then, but that seemed to be for a single family household that they were renting out, not as a duplex or multifamily.

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So the Councilwoman is opposed to granting this variance.

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Thank you.

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Planning Commission.

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Ron Bednar, City Planning.

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The property is indicated for a residential on the city plan.

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Our adopted district plan recommends no changes to the existing single-family resident zoning at this location.

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the applicant's hardship is not supported with evidence of unique physical circumstances or

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condition of the property that were prevented from being used in conformity with the code therefore

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we recommend the request of variance not to be granted thank you MI 2021 002429 5012

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Knox Street I vote no Harold Tenere my vote is no Thomas Holloman my vote is no

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Ishmael Shahi, my vote is no.

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Ishmael Shaheed my vote is no

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Thank you.

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Thank you for your time.

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Thank you.

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Is there anyone in the virtual audience whose case has not been heard?

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Still waiting?

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Okay.

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Thanks, everyone.

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Thanks, everyone.

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Long day, but we appreciate it.

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Thank you.

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Have a good night.

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this is an early night though but we do have someone we're doing okay we're doing okay with

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times yeah so we have um craig maladocious his hand is raised and we have another person if you

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can allow them to speak we have a case we have people with their hands up after your last

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question. Oh, okay, sure. Yeah, absolutely. Oh, it's the Eastwood Community Group.

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Mr. Craig Melodosian had his hand right now. Good afternoon. Hi, could you state your name

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and spell it for the court reporter? Yes, Craig, C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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I'm the coordinating RCO

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Ward 40 Republican RCO

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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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I do

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What case are you talking about?

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Well, on the calendar appears

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6101 Harley Avenue

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This had been previously

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continued

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Okay

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So

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So, I guess the reason I've raised my hand is a point of clarification.

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The original applicant who appeared before us had engaged in illegal construction on the back of his property.

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Right.

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When it came to the first hearing.

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I'm sorry.

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We can't really discuss the case if the applicant is not here, but it was the last one on the list here.

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Okay, I'm sorry.

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I, yeah, I, I, I, I don't, okay, fine.

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Oh, so Mr. Maladolson, just hold a second.

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Let's see if the applicant is here.

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Sure.

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Uh, let's see if we have, we do have a quorum.

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Right.

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When?

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Kwong Lee?

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I have a lot of, um, to speak.

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He should be promoted.

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he's the applicant i understand

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mr lee has been promoted

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hi mr lee

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mr lee could you state your could you state your name and spell for the court reporter

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you need to unmute yourself if you there you go

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Hi, could you state your name

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and spell for the court reporter?

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My name is W-E-N-Q-I-A-N-G-L-I

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Do you swear for him to tell the truth,

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the whole truth and nothing but the truth?

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Yes.

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Are you ready to go on with your case today?

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Yes.

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Okay.

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Chair, if I can ask,

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sir, do you have your documents

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available to present on the screen yes okay chair okay so mi 2021 002611 6101 harley avenue

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um our vice chair has a few questions for you hi have you emailed the exhibit packet with all

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of the required documents consisting of proof of ownership tax compliance a copy of the refusal or

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referral photos and or plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter we have we have the letters

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Mr. Lee do you have all your did you send all your documents in

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Tanya do we have all those documents yes Mr. Letta's comments do say that it appears that

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everything was provided and they're good to go right we have a letter of opposition

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just for your information.

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I see it, yep.

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Mr. Lee, take your screen

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and you can start.

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Give us, give us access to your screen.

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Give us

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access to your screen.

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Okay, sir, you have two devices on.

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One is like a Yai Ting Zhao, and then one you have.

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You have to mute the other one, and then present your device.

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Thank you.

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um sir so if someone is assisting you yes yes good morning this is a yawking show

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wait a minute wait a minute wait a minute he can testify but we just need to get his

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his could you put his things up on him on the screen okay i'm sorry cheer this is tanya again

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Mr. Lee, do you need an interpreter? Because legally, we would have to provide an interpreter

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for you. You cannot use someone in the family to interpret. So please respond to that question.

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Yes, we have a partner.

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I'm sorry?

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Yeah, we have another applicant on the other line. Can you connect to me?

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okay but i'm asking do you need an interpreter we would have to continue the case if you need

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an interpreter we have to get an interpreter for you you cannot use someone in your family

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or friend to interpret yes yes you need an interpreter yes i do so that's why i'm stating

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we would have to continue this case we're legally bound to have a neutral interpreter

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so no one from the family can i can i do the interpreter as you know as a friend no you cannot

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sir all righty so what i could do is i can work with you to get a quick turnaround

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for a continuance and um chair bergman i would recommend that we continue this case

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because we are legally bound

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I understand, I understand

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that's good

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Mr. Chairman

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I represent you on the other line

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as an applicant

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so can they represent me?

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