civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

So, you know, I'm not sure, Mr. Chairman, I'm not sure if we are going to be actively opposed.

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The RCO had hired counsel, and so we are prepared to put on a full hearing with witnesses or proceed with an offer of proof, I guess, depending on whether we're going to be actively opposed today.

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It was Corin Wise was the attorney.

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It appears as though he is available to promote to panelists.

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So we'll be putting on a full hearing.

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And with that, I have the owner of Stone Door LLC, which is the owner of the property, the sole member, Mr. Henry Bailey, if he could be promoted as well.

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raise your hand i'm sorry i'm sorry mr malloy you said um who was it it's mr henry bailey

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does he need to present or does he just need audio oh he will uh audio would be fine

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does he need to present or does he just need audio oh he will uh audio will be fine thank you kindly

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and then i also have uh our architect uh derek spencer from gnome architects

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and i believe he could just do audio as well

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So if I could share my screen, you can go for it.

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Thank you.

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So we should see our applicants exhibit pack, which I'll just mark for the record.

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Applicant's Exhibit A is the refusal.

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Exhibit B is the site description, the posting, pictures of the posting and surrounding area photographs.

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Exhibit C is a zoning presentation that was prepared by Nome Architects and Henry Bailey.

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Exhibit D are interior floor plans of the homes that we're presenting.

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Exhibit E is a picture of the zoning map, a photo of the zoning map.

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F is the letter from the Central Roxborough Civic Association.

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G is our tax clearance letter.

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Exhibit H is our letter regarding the RCO meeting, certificates of mailing, and our affidavit of service.

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Exhibit I is a copy of our zoning appeal.

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Exhibit J is a copy of the deed showing ownership in Stone Door LLC.

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Exhibit K are sample exterior finishes of a different historic property in the vicinity of the property we'll be discussing.

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And Exhibit L is an email exchange with the historic commission staff.

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And Mr. Wise has been delivered a copy of all these exhibits.

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So with that, we'll just summarize quickly why we're here.

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So we're here for several dimensional variances involving a property that's been placed on the historic list in Philadelphia, and the property is approximately a 13,919 square foot property zoned RSD3, and it's located at 348 Green Lane.

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And as you'll hear from Mr. Bailey, immediately or soon after he purchased the property, the community put it on the historic list.

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The property is a large 4,000 plus square foot existing historic structure that was converted prior to Mr. Bailey's ownership into five apartments.

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The historic designation, the age of the property, the upkeep and maintenance that he's already placed into the building and that he plans to do with the building, as he'll tell you, has created an unreasonable burden on him and creates a hardship in which he is proposing two houses situated to attach single-family dwellings.

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situated to the rear of the property, each with a 2,336 square foot lot and a 2,182 square foot

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lot. And with that development of the rear portion of the property, it will leave the existing

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structure on a compliant 9,400 square foot lot. And as you'll see, put two houses in the rear of

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the property. Henry's worked with the community groups and he'll tell you since 2018 to try to

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come up with a solution to the dimensional variance requests and to resolve the hardship

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that he faces in owning and maintaining the historic structure to the level that he would

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like to to bring it back for uh in the neighborhood so with that i'll put um ask henry bailey to

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please uh unmute himself excuse me counselor yes ma'am sorry can you go to exhibit e the site plan

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Thank you.

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was there a question uh or or would you just like to see the site plan i could

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can proceed with Mr. Bailey? Sure, you can proceed. I just want to see it.

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proceed with mr bailey sure you could proceed i just want to see it terrific

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Terrific. Okay. Thank you very much. Sorry about that. So, Henry, are you available?

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Good morning. Can you hear me? Yep, we can. Thanks. So, Henry, introduce yourself to the

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board, please. I'm Henry Bailey, principal of Stonedore LLC, H-E-N-R-Y-B-A-I-L-E-Y.

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I'm sorry. You swear to firm to tell the truth, the whole truth, nothing but the truth?

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I do. I'm a general contractor, property manager. I'm very familiar with the neighborhood. I was a resident down the street for some time, and my office was in Manion prior to COVID.

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stone door llc purchased 348 green lane in may of 2018 our plan is to maintain and restore the large

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old home the home was built in 1872 it's pretty old it's once a single family

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residence pretty massive because of its immense size the building was operated

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as a five-unit apartment building for decades the building still has many great details but

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needs some work to restore and maintain.

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We hope to keep the home for years and years to come.

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Right after we bought the property,

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Central Roxborough Civic Association

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nominated 348 Green Lane for historic designation.

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Once we found out, we supported it.

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We attended a couple of meetings

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with the historic commission and the CRCA.

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And ultimately the end of 2018,

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it was officially designated and accepted.

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we purchased the home in fair condition in 2018 for $580,000 and up until now we've made

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around $180,000 in improvements already we're seeking to make more improvements to the property

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that will restore the exterior of the house and the surrounding landscape when we bought the

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property we we did our due diligence but really had no idea what we were in for at the time

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we began improvements as soon as we uh immediately after purchase and um to get the vacant units

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turned over during the first year we had more vacancies and just tried to systematically go

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through and address each problem in each unit during the process of updating the units we

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uncovered many deferred maintenance issues a massive leak in the deteriorated chimney for

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instance was found to have been going on for years and we had to redo the affected floors

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and ceilings on that side of the house, had to rebuild the chimney inside and reintegrate it

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with the heating system for all of the units. We also uncovered squirrel infestation, which

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was not fun. I've never done that before. We had multiple roof leaks, problems with the electrical

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system. Recently, we found out that the underground terracotta drain line that ran

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across the front yard was cracked out to the street. We had to run a new iron main drain

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underground to the street. So those are a couple of the issues we ran into. Of course,

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with a building this size, upkeep and regular maintenance is substantial without surprises,

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like I've mentioned. During our ownership, we kept busy inside. The exterior still needs a lot

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of attention. Much of the outside woodwork and stonework is failing and needs restoration.

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but the exterior work is more costly now to repair due to our historic designation.

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I've been in GC for 15 years, and in the past, I've worked with many homeowners in the area

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to restore their properties. I'm aware of how restoring a home benefits the neighborhood as a

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whole. Meeting with the CRCA over the past three years, they prioritized restoration with me as

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well. They made it clear that any subdivision of this property must include a plan for

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improving the existing home and grounds, and I agreed to that. We met with this RCO 11 times,

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and each time we reacted to their comments, changed the plan. We had several architectural

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contracts for this project over the last three years as we abandoned old designs,

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scrapped things, and came up with new things. Henry, let me stop you right there.

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So right now, the proposal, and it's up on the screen, is for two homes facing DuPont Street, and that's to the rear of the existing property.

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And then the home itself faces Green Lane, right?

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Correct.

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Which is the existing service.

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Now, originally, in 2018, when you first proposed what?

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And by the way, Derek Spencer has and we can we can show these plans now.

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We'll show the plans you originally proposed.

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And we're I believe it was we're showing 2019.

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And we're, I believe it was, we're showing 2019. Hold on one second. We're showing part of exhibit C, which was a page in the zoning presentation that shows it's a sheet.

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Hold on one second.

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Just for the record. It's marked feasibility studies, page five. And at the top, it shows what, Henry, at the top of that page.

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This was a large study about an addition, a by-right addition that we did not pursue, not believe it's anything we'd be wanting to do.

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And that's an addition to what, Henry?

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An addition to the existing building.

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Right. And that's shown in the upper right-hand corner of the, thank you.

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That was just a study the architect did, and it's, I mean, it speaks for itself.

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The four units on the lower left-hand corner was our first presentation to the CRCA.

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We got the feedback that they wanted to reduce the density.

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We went to them with-

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And this is four units facing Maniunk Avenue, correct?

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Correct.

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Okay.

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Excuse me, Counselor.

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Excuse me, Counselor.

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Just for the sake of time, can you go to what your final proposal is?

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Okay, sure.

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I mean, the point of the proposal is that each time, and we can put into the record each time that we met and the RCO confirms it, each time that we met with the RCO, the RCO proposed changes and we reacted to those changes.

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And Mr. Bailey and Derek Spencer would testify that at first they wanted, you know, certain units, we wanted units facing Maniunk.

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Then we were brought down from four to three, then three to two.

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Then in 2020, the RCO asked Mr. Bailey to reorient, you know, toward DuPont Street, which he complied with.

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And this in front of you is the proposal that you see now with the dimensional variances.

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And that's really all the testimony that I have for Mr. Bailey. I open them up to questions, but I think you get the gist and we can move on, I think, to let me ask, actually, Mr. Bailey, a couple more questions.

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So, Mr. Bailey, in the future, to accommodate the restoration that you would like to do to the existing historic structure, you cannot accommodate those improvements just through rent on the existing apartment building, correct?

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Correct.

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And so you need a reasonable use of the nearly 5,000 square foot area that's currently unused in the rear of the property to enable you to consistently maintain and improve the historic structure currently at 348.

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I'm sorry, Mr. Malloy, I just have to object to the leading nature of the questions.

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I'm just trying to.

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I think he's trying.

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Yeah.

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Just trying to get the record.

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Yeah, trying to just get everything on the record. And I understand I'll try to I'll try to not delete him. Okay, as much. So, Mr. Bailey, in front of you, there's a home that you worked on, correct?

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Correct. And where is that home?

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It's a couple blocks away on Lyceum.

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and this is a house that you've shown to the rca as an example of what of what i'd like to do with

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the existing property um update get the failing stone work done fix the cornice work put a um

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a traditional historic paint job on the place fix the roof fix the gutters fix the lighting

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um it's the inside's getting squared away as you know as we go along but the outside is

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it needs it needs i mean this is this is the way it should be and and you and you went so far

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as to get uh commitments and quotes from uh from contractors to do this work correct

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Correct. And it was $63,000 for painting and carpentry. Yes. It was $24,000 for landscaping.

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Yes. And stone facade work, etc. Another $8,000, correct? Stone in the front and side. Yep. And

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then you were also going to fix the stone fence around the house, correct? That's part of the

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the masonry yes so it's basically over for about another hundred thousand or over a hundred thousand

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So it's basically over or about another $100,000 or over $100,000 worth of repairs that you were willing to do to repair and restore the exterior of the structure, correct?

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Yes.

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And in your opinion, as a builder and as a property owner, would that increase the value of neighboring properties, do you think?

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Just know what my objections is.

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how do you think that would affect the value of neighboring properties?

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I'm, you know, I've been doing this a while. I'm not, I mean, I'm of course going to benefit from

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it, but as if, you know, related properties are in the neighborhood, a benefit from beautification

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of other properties. I mean, it's just, that's what you call the fabric of the neighborhood.

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And you think that knowing the work that you've done in the neighborhood, that this kind of

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restoration do you think that that would bring the building you know into compliance with the

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characteristics of the neighborhood i believe so more so than it is now certainly it needs work

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i have no further questions for mr bailey

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if i may mr wise please identify yourself and i'll swear to you in yes sir corin wise c-o-r-e-n

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WISE, address is 100 North 18th Street, Suite 300, Philadelphia, PA, 19103.

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You swear if I'm to tell the truth, the whole truth, nothing but the truth?

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I do, thank you.

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You can speak up a little bit or increase your volume.

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Yeah, I'm a little congested, I apologize, Mr. Chair.

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No problem, thank you.

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Mr. Bailey, my name's Corin Wise, and I'm here on behalf of the RCO Central and Oxborough.

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um you'd agree the uh this property um is part of the fabric and character of the neighborhood

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yes it's it's essentially located property fronting on three streets

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um green manioc and dupont right yes and um you told us uh the property or maybe mr malloy told

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us it's about a 4,000 square foot building, large historical building? Yes. And when you purchased

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in 2018, that had already been a pre-existing five unit apartment building for all intents and

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purposes? That's correct. I see on the refusal that those five units included a doctor's office

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with a doctor residing on premises is that still the case at the property no doctor resides at the

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premises was there ever there was never a doctor's office while you own since 2018 right no okay so

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this is a five unit building you'd agree that it's in an rsd3 zone which is a single family zone

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yes okay um and you told us about the improvements you have done and the improvements you've priced

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and intend to do is that your testimony today that that's the hardship that uh you believe

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warrants a variance that you're seeking today yes okay uh there's no other hardship at this

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property that um you can't comply with rsd actually the building itself is complying with rsd

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but for your five units right i mean i don't know if i understand the question

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then objection don't answer it henry yeah that's fine wasn't a great question um let me try again

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uh the building on the premises is compliant with rsd there's no let me stop there the building on

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the premises is compliant with rsd as far as you know right i you know i i i guess i'm not really

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sure exactly how um i'd have to see it that's fine we have a we have the architect next who

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can testify to the technical i mean henry's the builder and the property owner he's a builder and

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a property owner he's not a zoning expert so well i'm sorry mr malloy you did qualify him as some

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sort of expert stating his experience as a general contractor that's why i was going into it uh but

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Sure, it was a zoning question, though.

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My last question, Mr. Bailey, would be that there's no other hardship you're here to tell us about requiring or preventing your use of this property as an RSD-3 property.

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Isn't that correct?

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Correct.

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Okay, thank you, sir.

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Excuse me, this is Sharon.

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the planning commission representative has a procedural issue that she would like to raise

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if she could be called

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Thank you, Commission. Just identify yourself before you proceed. Thank you.

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just just just

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Hi, this is Paula Brumbelow-Burns with the Planning Commission.

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We're going to tell the truth, the whole truth and nothing but the truth?

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I do.

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So I want to confirm that this plan was what was reviewed by license and inspections and refused for or have the lot lines been revised since the application.

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When we looked it up on Eclipse, we were seeing a different plan. So we'd like to confirm with the applicant and the attorney if this is what was refused by license and inspections.

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The plan that Mike sat up on the screen.

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