walking trips as well. Okay. But you don't have that in front of you. So you're not really sure,
correct? That's correct. Okay. So larger vehicles are not going to be able to make a three-point
turn on an 18-foot wide driveway that has been reduced from 24 feet, correct? As I said, there
There is curbless sidewalk provided.
Is it going to drive up on the sidewalk?
I bet, Counselor, I think he's answered this before.
I think you're starting to repeat yourself.
In exiting the site, how close is it to a bike lane?
There are shared use bike markings within Ridge Avenue along both directions.
Right.
Right. And so this parking lane that you're talking about, does that also include the bike lane?
There is no striped bike lane along Ridge Avenue.
There are shared use bike markings within the main through lanes along Ridge Avenue.
Okay. So there's some possible conflicts with bikers on Ridge Avenue.
Theoretically, yes.
That is, if a cul-de-sac were present, it would be much easier for large vehicles to turn around
on this site. Do you agree? It would. I think it would depend on the size of the cul-de-sac,
But again, as I mentioned, given the infrequent use of larger vehicles on site, frankly, a cul-de-sac wouldn't be utilized that frequently.
Frankly, a cul-de-sac wouldn't be utilized that frequently.
Okay, I have no further questions for this witness.
Do you have any follow-up questions?
Mr. Savage, could you just confirm the required parking ratio in the RSD3 zoning district?
Sure, it's one parking space per unit.
And I'll note we're proposing 12 units with 24 off-street parking spaces.
Does the zoning code require a particular turning radius for moving vans and large vehicles?
Not to my knowledge, no.
Does the streets department review all turning radius site triangles and interconnectivity of drive aisles as part of its zoning and building review of any project in the city of Philadelphia?
Is that a prerequisite for approval of a project?
Great. Thank you.
And briefly, I'd just like to call our architect, Rustin Ohler.
Your name again.
Rustin Ohler has been unmuted and allowed to speak.
Thank you.
Sir, could you please state your name and spell for the stenographer?
Yeah, Rustin Ohler, R-U-S-T-I-N-O-H-L-E-R.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
Thank you.
So, Rustin, given your experience in Philadelphia and your involvement in many similar PUD projects, single-family detached homes like these, could you confirm the target typical buyers are families with one to two cars?
Could you confirm that a traffic circle, like being requested here, is unwarranted by the use of 12 single-family homes?
I'm going to object. He's not a traffic engineer.
we can call the traffic expert back for the question we're gonna allow the question thank
you can you repeat the question kate yes would you confirm and agree that a traffic circle as
being requested or a cul-de-sac in this case is unwarranted by the limited use of 12 single
family homes yes it's very uncommon in similar size developments throughout the city of philadelphia
thank you um our final witness that we'd like to call is samantha hold on hold on sorry go ahead
sorry thank you um uh thank you i'm just gonna uh mr um mr oler could you please tell me could
you please name all the documents that you have submitted as exhibits here so that i can make
sure that I have seen them? Kate would have to do that. She submitted them. And I'm sorry,
they were submitted in accordance with CBA procedures. Can you tell me what they are, please?
We can go through our list of exhibits.
Letters of support and non-opposition, near-neighbor petition of support.
Starting the architecture, if you just want to.
You have the zoning presentation package that was presented to Durnley Park, your client civic.
That was the architect's exhibit that was submitted.
And that was either four or six pages, correct?
Rustin, I don't know if you have a page count.
I can count them.
Mr. Ohler?
I'm counting them. Sorry.
So what we submitted to the ZBA is, which Kate has up and is presenting, is 18 pages, 16 of which is the presentation, two of which are zoning diagrams and site plans.
Okay. Does the site plan have your title block on it?
It does.
You're not an engineer, sir, correct?
no we are an architecture firm okay who did the engineering data
the zoning site plan was signed and sealed by our architecture firm
right and who was the engineer
the civil engineer that prepared the landscape plan was rogeria who prepared who prepared
philadelphia zoning site plan is not required to be signed and sealed by an engineer it was
signed and sealed by our office by registered architect. Thank you. And what you presented
to Durnley Park on October 16th, the plan that was presented was not signed and sealed at that
time, correct? Plans we present to the community group are never signed and sealed. Only the
submission documents to the city of Philadelphia are.
It is the same plan, though. Okay, thank you. So this plan, it shows 12 single-family
So this plan, it shows 12 single-family detached units. So it's been reduced from 20, which was also a use variance, right? So it's smaller, but it still requires a use variance for two of them.
detected.
Correct.
Okay. And the distance between the houses, I noticed the actual distance between the houses is anywhere from four to five feet for a total distance between the houses of eight to 10 feet. Isn't that correct?
The distance between the houses, I believe, is 10 feet.
The first two houses with frontage on the side along Ridge Avenue, they only have eight feet from their neighbor.
Is that correct?
Let me review the plan.
Yes, that is correct.
It's just over eight feet for the first two sets of houses, 10 feet for every other house.
but we meet and exceed all the side and rear yard and front yard setbacks to all of our
adjacent property neighbors as required by the code. Right. So would you agree that I know that
this is a planned community and so you are measuring your setbacks from the frontage?
However, a planned community still has to comply with underlying zoning in the Planned Community
act so that's a legal question but yes right and and so here um we don't have uh in the in the rsd
three you have a requirement of like a 15 foot side yard setback and if you actually measure it
from the side of these houses not from where the frontage is but from the actual side of the house
as laid out, they have much less. They don't have 30 feet between the buildings. They only
have 8 to 10 feet. The Philadelphia zoning code measures from the property line, which we meet
or exceed in all instances. Right. I'll just add, since this is a zoning question, a legal question,
the Planned Community Act requires compliance with zoning. For zoning purposes, this is one
single zoning lot. Right. But for practical purposes, for someone living there, they're
only going to have between eight and 10 feet between their house and their neighbor's house.
On site, yes. Yes. And therefore, there's going to be less light and air for them through the side.
Potentially. These homes are also only two stories and far below the height limit,
which would allow for more light and air than allowed by right.
Right. No, it's true. It's below the height limit. How many bedrooms are in the houses?
I believe it is four.
Confirming.
Yes, four bedrooms at the second floor.
Okay, thank you.
I don't have any further questions.
Ms. Misery, do you have any follow-up?
Nothing for the architect.
I'd just like to call our last witness.
Samantha Miller, please unmute and wait for the chair.
Ms. Miller, could you please state your name and spell for the stenographer?
Samantha Miller, S-A-M-A-N-T-H-A-M-I-L-L-E-R.
We're affirmed to tell the truth, the whole truth, and nothing but the truth.
Please proceed, counsel.
Thank you.
Ms. Miller, could you briefly introduce yourself and provide a quick summary of your education and expertise in real estate in Philadelphia?
Sure. Again, my name is Samantha Miller. I'm the managing partner of Select Commercial Advisors.
We're a commercial real estate brokerage based in Philadelphia.
I've been active in real estate sales in Philadelphia for about five years now and specialize in land development, multifamily, mixed use and townhome development projects.
Thank you. We'd put Ms. Miller forward as an expert in real estate.
I'm going to object. So I'm going to object, Mr. Chairman. I've never seen this witness's CV.
I've never seen a report she's written. And I think five years in this area is not enough to be considered an expert.
I think I'm going to allow the testimony that she can talk about what she's done in the area here and her experience working with townhouses.
Thank you.
Thank you.
Ms. Miller, did you prepare a broker letter concluding that the proposed use or the proposed site cannot be used in an RSD3 compliant way?
or the proposed site cannot be used in an RSD-3 compliant way in today's market?
Correct, yes.
Rather, the single-family detached development, like the proposed project,
is directly responsive to the narrow dimensions of the site?
That's correct, yes.
And is one of those limiting factors the limited frontage on Ridge Avenue?
Yes, it is.
How would you describe the nature of this proposed project
in connection with the surrounding communities in this area of Roxborough?
I believe the proposed project fits in with the Roxborough community.
It is of a density that matches surrounding developments, as was stated before,
and it fulfills a demand for the style of housing in this area.
And it's consistent with the Roxborough Reserve development to the rear?
Yes, it is.
were you able to determine whether this density is appropriate given this lot size
it is yes i believe so and the supply of parking in your opinion is that sufficient
to accommodate this type of development in my experience yes it is great thank you
okay um so uh once again i i don't have any idea what the witnesses opinions are based upon
um other than five years uh as as a broker i don't know how that gives her expertise
in um parking and planning but listen to me what i said was she could testify
to what she's done in the past relative to these townhouses.
I've never said she was an expert.
So why don't you continue?
So Ms. Miller, isn't it true that Roxbo or Reserve
features two-car garages and two-car driveway aprons
and parking for four cars per home?
I believe it does, yes.
That is not entirely true.
Some of those homes do not have two-car garage spaces
or four-car parking.
Okay. If you could hold your follow-up for your witness after I'm done, I'd appreciate it.
Isn't it correct that the houses in Roxborough Ridge are less dense? They're more spread out?
Some of them, yes. I find that housing development is an evolving field and it meets demand as
times and needs of the families change. And so a lot of homes in Roxborough and in Philadelphia
in general were built a hundred or more years ago. Every few decades that goes by, we see a
change in styles and demand to meet families' needs as those needs change. But Roxborough Ridge
opened in 2021, just three years ago, correct? Yes, that's one that's more recent. Right. So
we're comparing a development from three years ago that is adjacent to this property that has
uh more garage space more driveway space more available parking uh less density and more room
for on-street parking isn't that correct yes okay um are you are you familiar with uh epiphany place
in the rsd3 district in roxborough not specifically no okay um epiphany if i were to uh tell you that
Epiphany Place has, hang on, hang on, Epiphany Place has, wait, I want to make sure I say this
right. I believe it has 12 or fewer houses on a similar size lot. It has fewer houses on a similar
size lot with a cul-de-sac. Would you disagree with me? If it has 12 houses, that would be
the same. I misspoke there. They don't have 12 houses. It has fewer houses on a similar sized
lot with a cul-de-sac. Yes. Again, I'm not familiar with the specific development you're
referencing, but if that's the case, then yes, different developments have different
densities, different styles, designs. So yes. Right. And where is your practice concentrated?
Is it in Roxborough or somewhere else? In the city of Philadelphia, where we do business in
Roxborough, West Philly, North Philly, Brewery Town, South Philly, all throughout the city of
Philadelphia. It's a very big area. One city, yes. Okay, and how long were you a licensee before
you were a broker? I've been a real estate salesperson, not broker, for five years. Oh,
you're a salesperson, not a broker? That's what it says in my letter, yes. I haven't seen your
letter. I'm sorry. So you're a licensee. So you work under a broker. You're not permitted to
work independently because you don't have the necessary licensure, correct? Correct. I have
Correct. I have one business partner who holds the broker's license. We're partners and we own, we co-own the brokerage together. He holds a broker's license and I manage the practice.
one business partner who holds the broker's license. We're partners and we own.
But he's the broker with the higher license level of licensure.
Correct.
And you can only work through the broker.
Correct. Yes.
okay um thank you with with no uh disrespect intended i'm going to object that a licensee
is not an expert in uh in commercial real estate development