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Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

and then there's a slight dimensional variance that we're asking for here as well an additional

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four percent of building coverage again you see the site plan there you see the elevations again

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within the 38 feet of height permissible in the zoning district pilot house and roof decks meet

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all the required zoning setbacks as well um you can scroll the next page isaac yeah okay

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so these are the floor plans again you know two units here the first floor and cellar are bi-level

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units comprised of three bedrooms and two and a half baths. Your second floor and third floor plan

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is the second unit that's also bi-level and again another three bedroom three bath this time

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and then you have the roof deck plan there that shows the pilot house roof deck is is for the

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upper unit only and the rear yard of the property is for the lower unit only so we've got a total

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of two three-bedroom two and two and a half bath uh units in this property okay um thank you logan

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uh i'll actually i guess i'll have real quick are there uh are there uh bedrooms in the basement

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we've we've got bedrooms in the basement and we've got walkout egress wells with the full door

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I'll scroll back up to the plans here.

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If you, well, let me rotate it so that the front of the property would be at the bottom of the page here.

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So the front of the property is at the bottom here.

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That's Lindenwood Street.

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Then this is the rear of the property.

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These are the egress wells right here from the basement level.

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And you can see at the first floor level, the first floor again has.

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Excuse me, counsel.

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Yes.

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I don't see the walk upstairs from the basement.

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Logan, did you want to address that?

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Yeah, we don't have stairs designed on these because of the small lot size.

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We wouldn't have enough run to get down to the basement, so we have the egress wells that have the actual, instead of windows, it's the swing-in door that's designed.

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So sorry if I misspoke about that.

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we didn't have enough if you look at the yard dimension we didn't have enough room to do a full

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set of of walk downstairs to that cellar just because we have a pretty small rear yard which

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is reduced even further by an alley um that's that's you know partially through the property

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um so in this scenario we were we were a little bit constrained in terms of being able to do that

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full staircase down the basement from the exterior what would you need a a bigger yard

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yeah we we would need a yard probably about i'd say double the size here just because the

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roughly the amount of stairs you see to get down to the basement level would be

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the equivalency of the length of stairs you see in the main building so we need about

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14 15 risers to get down there so we'd be looking at you know about 14 or 15 feet in length

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plus the landings the top and bottom

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okay thank you so that would cause that so that would cause a reduction in the size of your

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building correct correct yep which means the reduced reduction in units

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correct it may correct yeah depending on how the floor plans laid out it would either be a reduced

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uh a reduced size unit on the ground floor with a pretty big cantilever up top or

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you know a smaller uh a smaller reduction across the board yes thank you yeah um we'll go on to

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uh exhibit six is the um this is a rendering you can see uh currently we have designed a front porch

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um covered second and third floors have bay windows and the parapet has the required setback

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so there's no view of the pilot house from street level. Exhibit 7 are photos of the site.

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So Exhibit 7A, this is 1349 Lindenwood and this vacant here are actually two separate lots.

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Our property 1349 is this right half that would border on this house to the right here.

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The empty space over here is 1347 Lindenwood.

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This is a wide shot of the current situation at the site again.

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1349 is on this right half here that would border on this white stucco wall here.

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This other vacant is 1347 Lindenwood not affiliated with us.

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And again, just a kind of a third photograph, same scene.

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And again, just a kind of a third photograph, same same scene.

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Exhibit 7B are photos of our orange posters.

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So this, as you can see in front of 1349 South Lindenwood, is our orange notice of today's hearing, which was posted 21 days ago.

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This is a second shot.

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As you can see, the house next door is 1351.

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This is ours, 1349.

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and one more wider shot of the orange poster. Exhibit 8 is our timely appeal application filed

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timely on 3-25-21. Exhibit 9 is the project information form filled out on L&I's website

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at the time of filing the appeal. And Exhibit 10 is our affidavit of service. And you'll notice

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that it was signed by the person who did all the mailings on July 22nd but it certifies and swears

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that it was sent out our mailings were sent out on July 20th of 21 to all of the affected neighbors.

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Exhibit A is our letter to the neighbors dated July 19th regarding the 1349 Lindenwood project

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And as you can see, it was sent to all of the below listed individuals and groups, signed by me, sent out, again, CC to all of the affected RCOs, which also included a notice of our refusal.

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and Exhibit B, we included with the sort of service the list of addresses that the Planning Commission mandated that we mail to, and it's a pretty substantial list.

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It's probably about 100 or so neighbors within the radius prescribed by the code.

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And there's another copy of our notice of refusal, but okay. And Exhibit 11 is a deed in favor of my client that was recorded on August 9th of 2019. Again, in favor of my client transferring the property to his LLC, Junk Property LLC.

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see. I would also like to, at this point, show you, show the board a little bit of an annotated

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history of this property, and in fact, the group of properties that we're going to address.

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These properties in this part of Southwest Philly had been for decades zoned RM1. They

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were had been zoned as multi multi family and in 2019 on November 14th of 2019 as she was ending

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her political career as a council member council member Janie Blackwell introduced a bill to

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rezone a number of neighborhoods of west and southwest Philly changing the zoning in various

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spots in our case from RM1 back into RSA 5. And I will call the board's attention to the text of

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the bill simply calls for amending the zoning designations of certain places within

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west and southwest Philly, as more particularly described in the maps. And I'm going to now,

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Now, I'm going to call the board's attention and please forgive me for fast scrolling.

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I'm going to get down because it's map A21, which was up until this bill was introduced in November 14th of 19.

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I'm in December 4th of 19 and signed by the mayor on December 30th of 19.

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And I'm going to give you the map of our particular area.

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So bear with me here. A21. Okay.

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Okay. So we are, our address is 1349 South Lindenwood, which is just about two in from the corner of Lindenwood and King Sessing.

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The other properties that we're discussing today are all on the 1300 block of South Wilton, which is this block of South Wilton.

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So that's as it was in 2019 prior to the rezoning.

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Upon the mayor's signature on December 30th of 2019, the zoning changed. As you can see,

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it had been RM1 and was RM1 for decades. I'm going to scroll down. Again, I'll show you

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map B21, which ultimately became the new zoning. Now, map B21 changes all of that area that

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Now, map B21 changes all of that area that you just saw there on the 1300 block of Lindenwood, 1300 block of Wilton, changes it all other than this corner here from RM1, which it had been previously for decades, to RSA5, which is as it is now.

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My client purchased this property in 2019 and had purchased his other properties between, I would say, 2016 and 2019.

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I'm not certain on the dates, but we have deeds attached to each of our hearing materials showing exactly when my client purchased these properties and recorded the deed.

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The hardship was not one created by my client.

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He purchased these properties, believing and understanding them to be RM1. He's a smaller-scale developer. He owns a few properties. He has been working on raising capital and has been working on getting his properties in order to get his zoning permits, get his building permits, and build in the neighborhood.

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Um, in the meantime, while that was happening, uh, council went and enacted a bill and the mayor signed into law, a bill changing the zoning for these neighborhoods. So my client found himself suddenly midstream of these projects, having to seek variances from the code.

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So had he done, had these projects, you know, been able to be started a year earlier, or perhaps not been interrupted by the pandemic, I think he would have found himself having gotten by right permits.

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As you saw by our appeal application, we filed our appeal application in March of 21. So it's not as though he sat on these things.

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I would also like to show the board a map, and this is a little bit of a comprehensive map, and I will actually expand the view of this map. I'll zoom this in a little bit.

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This is a map of some existing properties in the neighborhood, as well as my client's properties. So these red colored properties here are nearby neighboring properties that are already zoned and used as multifamily.

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So 52-33 Chester over here is a three-family. I was not able to find any zoning documents on it, but I've been out to the neighborhood. I took a look actually just yesterday and pictures.

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There are at least three mailboxes, three meters of 5233 Chester. Next to that is 5231 Chester. That's been a three-family since at least 1942. And I can pull up zoning documents about that in a moment if the board cares to see them.

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Next to 5231 is 5229 Chester. That obtained a zoning and use permit as a three-family by accelerated process in October of 2019, which at the time was an over-the-counter process.

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Then we've got actually just a few houses away from my client's property on Lindenwood Street.

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We've got a 1339 Lindenwood, which is a duplex, a two-family, which is just what my client proposes to build at 1349 Lindenwood.

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That obtained an over-the-counter zoning permit in 2013 because, again, at the time, that block was zoned RM1.

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Now, there's also 1309 South 52nd, which is over here just at the corner of basically at the corner of 52nd and Chester, one house in from the corner.

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That's a brand new build. And that is a five unit. Now, that is still zoned RM1.

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We also heard earlier testimony. Well, I'll strike that last part, but 1309 South 52nd is a five unit. So as you can see, there's significant number of multifamilies in the neighborhood with significant demand for, you know, for these things.

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The green properties here that you see on this map are the properties on which we're hearing testimony today.

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So right here, this is 1349 South Lindenwood that we're discussing right now.

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This is 1353 South Wilton, which is actually the corner of Wilton and King Sessing.

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Then you've got 1330 and 32 South Wilton, which are vacant.

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And this is 1321 South Wilton.

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All of these are vacant, and my client is seeking to construct duplexes at all of them.

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I can go through the materials on the remainder of the properties if the board would like to hear them, see the plans.

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I'm okay. I think they are pretty much the same, right?

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They're basically the same design. Yes. Okay. I'm okay. Tom? John? No problem. I'm okay.

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They're basically the same design, yes.

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Okay. I'm okay. Tom?

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I'm fine. Thank you.

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Anything else, Mr. Slepner? I would call my client, LeVar Clark, at this time.

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Okay. LeVar, are you out there?

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Mr. Clark, you can unmute yourself.

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Yes, I'm here. Mr. Clark, please identify yourselves by your first and last name, please.

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Name is LeVar Clark, spelled L as in Larry, E as in Edward, V as in Victor, A as in Apple,

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R as in Robert. Last name Clark, C-L-A-R-K. You swear to our firm to tell the truth,

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the whole truth for nothing but the truth? Yes, I do. Thank you. Thanks for listening.

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Okay. So, Mr. Clark, are you the member of Junk Property, LLC?

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Yes, I am.

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And Junk Property, LLC owns 1349 South Lindenwood?

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Yes, it does.

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And are you also a member of Easy House Cash, LLC?

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Yes, I am.

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And does that LLC own 1321 South Wilton?

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Yes, it does.

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And does it own 1330 South Wilton?

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Yes, it does.

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And does it own 1332 South Wilton?

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Yes, it does.

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And are you also a member of Urban Property Solutions, LLC?

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Yes, I am.

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And does that entity own 1353 South Wilton?

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Yes, it does.

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Okay.

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And you heard all the testimony that I offered to the board today, correct?

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Yes, I have.

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And you heard the testimony that Logan Dry offered as well?

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Yes, I have.

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And would you say that that testimony is true and accurate to the best of your knowledge?

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Yes, it is.

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And would you adopt that testimony as though you had given it yourself?

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Yes, I do.

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Do you have anything else to add to the board today, Mr. Clark?

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Well, it's a couple of things that I would like to add to the board.

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I have a number of projects in this particular area.

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This was one of these situations to where in November of 2019, the 14th, it was enacted to change the actual zoning.

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But it went into effect on the 5th of December 2019.

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It was about a three-week change.

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It was in the middle of us trying to get everything ready so we can get started with the actual zoning process.

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I'm looking to do a lot of other projects in this actual area. I'm looking to work with the

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community and making sure that we can have a good working relationship. I'm interested in being a

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part of the community and doing the things that we need to do to actually foresight that actual

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working relationship. So yes, that's what I have to say, Isaac. Thank you, Mr. Clark. A couple

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other questions. So if you had known at the time that, and was there any way that you could have

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known prior to November of 19 that this neighborhood would have been rezoned?

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No, there was no way. We knew there were other areas in West Philadelphia at the time that was

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getting rezoned. They gave about maybe eight to nine month notice. These particular, this

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particular area was put in a bill was put in on like I said November the 14th 2019 which is pretty

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much a week before Thanksgiving no one knew I just happened to someone gave me a call and I just

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have to look at the bill and then we tried to do some things to try to get things in place but

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during that time it's very difficult because of the holidays but by the 5th of December in 2019

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it was in effect and it was it was on the books at that point it was nothing that you could do so

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it was pretty much nothing but a three-week turnaround and taking the fact that in between

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that time it was thanksgiving time and um just it wasn't really do anything right um were you

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were you to build a single family on each of these around what well let me establish you've

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bought and sold property in this neighborhood of West Philly in the past, correct? Yes, I've done

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numerous projects in West Philadelphia. And you've built new construction in this

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neighborhood of West Philly in the past? Yes, I have. And in other neighborhoods as well?

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Yes, I have. Okay. So you're familiar with what it costs roughly to build, having done this.

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what it costs roughly to build. Having done this in your own experience, you're familiar with

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building costs, correct? Yes. Yes. If you were to build a single family house on any of these

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parcels that we're discussing today, around what would that cost? Typically, right now,

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we're paying anywhere from about $150 to $175 per square foot to actually build. You figure

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the outsell price would probably have to be about $550. You're building like a four to five bedroom

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home. It typically costs, like I said, like $175 looking at the square footage. So, you know,

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$300,000, $400,000 to get it done. If you include everything from financing costs,

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soft costs, actual construction costs, and everything in terms of getting everything

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entitled. Okay. Yes. Okay. And would you, so what would, what would you have to sell that

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house for? You would have to sell a house anywhere from five, anywhere from 500 on the low end to

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about $5.50 to recuperate everything that you've done and actually make something that's financially

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viable that a bank would finance. Right. And are you, well, okay.

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In your, could you foresee your company if you were to build a single family, being able to sell

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a single family in that neighborhood at that price point? At that price point, typically once

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you get to the $500,000 price point, it's somewhat difficult for one buyer. What we've done in the

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past, and I've done in other neighborhoods, is we'll do a duplex structure, but we'll sell them

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as condominiums. So it's still home ownership, but we'll break them off in two. So you'll sell

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something of the upstairs unit for around $275,000. The downstairs unit typically goes a

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little lower you figure 250 so what happens is you're able to sell an affordable home ownership

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product which doesn't cost the 550 cost and the person can't be in that actual neighborhood

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and i've done that in west philly and i actually have a history of doing it i've just sold

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eight condominium units the same type of way off of 51st and baltimore avenue okay um but were you

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to let's say hypothetically you were to build a single uh right there um would you say that that

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