As points of information:
Real Estate Sale contracts for Pennsylvania properties must contain
ZONING information.
(The only exception is a "Single Family Residence".)
Zoning codes are public records, and while the Codes may seem complicated
or obscure, it remains the Buyer's obligation of "Due Diligence" to be
fully aware of Height, Setback, Use and other restrictions under each
Zoning definition.
Most Real Estate transactions are subject to delivery of a written
"Seller Disclosure" form to Buyer..
Seller Disclosures must reveal the presence of any Historic Designation
and location within any Historic District.
In instances (Foreclosures, Estate Sales, etc.) where SD is not required,
the Buyer should be notified, in a writing, signed by Buyer and Seller.
And in those cases, the Buyer and Buyer Agent should be professional
enough to do proper Due Diligence.
Best!
Liz
On Fri, 02 Nov 2007 13:14:51 -0400 [EMAIL PROTECTED] writes:
>
> One aspect of this project that has only been alluded a couple of
> times is
> "hardship." Some commenters to the list have suggested that, since
> de-listing
> of the historic property was denied, whatever else happens, the
> property will
> be restored. This is not necessarily the case. According to the
> historical
> commission ordinance, an owner may claim a financial "hardship"
> exemption. An
> evaluation of such an exemption, if I understand the ordinance
> correctly, would
> not have to take into account the depth of the owner's pockets. And
> if Penn
> didn't know that the property was historically designated, that fact
> might work
> in their favor if they sought a hardship exemption. I have not
> heard anyone
> suggest that the developers might seek to prove "hardship," but they
> *could* go
> down that road, in which case all bets are off, and the entire
> building could be
> demolished.
>
> Andrew
> www.malcolmxpark.org
> ---------------
> Here's the relevant text (and it's source:
> http://www.phila.gov/historical/pdf/ordinance/ordinance.pdf)
>
> (f) In any instance where there is a claim that a building,
> structure, site or
> object cannot be used for any purpose for which it is or may be
> reasonably
> adapted, or where a permit application for alteration, or demolition
> is based,
> in whole or in part, on financial hardship, the owner shall submit,
> by
> affidavit, the following information to the Commission:
> (.1) amount paid for the property, date of purchase, and party from
> whom
> purchased, including a description of the relationship, whether
> business or
> familial, if any, between the owner and the person from whom the
> property was
> purchased;
> (.2) assessed value of the land and improvements thereon according
> to the most
> recent assessment;
> (.3) financial information for the previous two (2) years which
> shall include,
> as a minimum, annual gross income from the property, itemized
> operating and
> maintenance expenses, real estate taxes, annual debt service, annual
> cash flow,
> the amount of depreciation taken for federal income tax purposes,
> and other
> federal income tax deductions produced;
> (.4) all appraisals obtained by the owner in connection with his
> purchase or
> financing of the property, or during his ownership of the property;
> (.5) all listings of the property for sale or rent, price asked, and
> offers
> received, if any;
> (.6) any consideration by the owner as to profitable, adaptive uses
> for the
> property;
> (.7) the Commission may further require the owner to conduct, at the
> owner's
> expense, evaluations or studies, as are reasonably necessary in the
> opinion of
> the Commission, to determine whether the building, structure, site
> or object
> has or may have alternate uses consistent with preservation.
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