ZBA Hearing - June 3, 2026

uh or 30 36 unit apartment building with 25 parking spots we were told by the community

parking spots we were told by the community that was way too much um and um i don't disagree with

that was way too much um and um

that um we're here to show the least modification possible under the philadelphia zoning code

we went down further not through separate council um my client went down further for 26

unit apartment building with 26 parking spots again the community was not interested in that

i believe that's not the least modification possible under the philadelphia zoning code

this is the least modification possible under the philadelphia zoning code and we embrace that

burden of undue hardship and that's why we're making the presentation we're making today and

over the course of a few sessions with this board we're proposing to have a 10 unit pudd with 20

essentially 20 parking spots like two car garages and you know we have a very challenging site

you'll see we have a steep slope protection refusal can't change that

right we're on a steep slope we have a heritage tree removal refusal which is a

special exception right not the variance and we can't change the fact that there

are trees there and I think we we definitely met the burden for a special

exception there we have van accessible parking space refusal again form over

substance these are 10 single family homes it's a pod but because from a zoning perspective it's

on one lot which will eventually be converted into a pod it's considered multi-family because we're

offering more than six parking spaces we're required to have at least one of them as van

accessible that's not something that would make sense for a planned community um i don't think

anyone would want that um and it would just not it would be difficult to comply with that provision

the the next refusal has to do with multi-family household living uh again it's form over substance

these are really 10 single-family homes this is a 1500 15 000 square foot lot based on the the 1440

lot uh size requirement we would have 10.8 uh units allowed as of right we're asking for 10.

That's exactly what would be allowed under the Philadelphia zoning code.

And then finally, the last refusal, which we have now complied with, originally we're seeking, because we're on a steep slope, to have an average grade of 39 feet and one inch, where 38 feet is required.

You know, I spoke to my client. I believe that that was the one refusal, which was not the least modification possible under Philadelphia zoning code, and we have removed it. And you'll see from just the elevations, we're now in conformance with even our next door neighbors to the right of us, who are a little above us on the top of the hill.

um so what i would like to do is you know start with the testimony of scott woodruff so if he

could be sworn in uh no i mean we we have the proviso for him but he can walk us through that

too mr woodruff they will be coming back in as a panel shortly appreciate it thank you

good afternoon board hi could you please state your name and spell for the stenographer

absolutely scott woodruff s-c-o-t-t-w-o-o-d-r-u-f-f uh i'm the principal here at design

once architecture is the architecture record right do you swear or affirm to tell the truth

the whole truth nothing but the truth i do counsel all right um scott um first of all uh

you know, given the fact that we're part, and we're going to address first the steep slope

protection refusal, that's a refusal that can never be complied with given the site conditions,

right? That is correct, based on the locations of the steep slope. All right, so we can never

have a buy right option just simply because of the steep slope issues we have. That is correct.

Okay. All right. So let's go first. And again, we have the, again, the steep slope protection

refusal says on, it's basically on those portions of the lot where the slope of the land is 25%

or greater. And let's go over to the site plan for that. Oh, yes. Steep slope plan.

and that's within our exhibit six

all right so uh why don't you explain what we're looking at here scott

sure so all the areas highlighted in deep router the areas over 25 percent grade the areas in the

slightly later shedder atter 15 percent grade um the code stipulates if you are uh doing any

the code stipulates if you are doing any earth disturbance within those areas it would generate

earth disturbance within those areas.

a refusal as you can see along each property line along peachen street and larson street

we are pretty much completely locked with deep red at various points which would prohibit us from

trenching in utility lines bringing in any sort of earth moving equipment or development potential

on the site as well as we have a kind of a spine that runs directly through the the middle of the

site there which you can see yeah so in summary we have issues with uh steep slope uh in the

middle of the property and along its front and back edges did you hear me yes oh is that correct

Yes, correct.

Okay. All right. Great. Now, how did this, the issue with the steep slope affect your design of this property?

So the design of the property was done to try and minimize impacts in site developments along the street frontages as well as the neighbors.

um we tried to create a condition um that limited some of the disturbances at these areas while

placing uh the buildings kind of in the center and then just also minimizing kind of earth moving

activities to kind of get into the site uh into the development okay uh let's go to the

second refusal regarding the heritage trees and that's a special exception

so you we have a report that uh you relied on from rockwell associates that's correct okay um and

that's uh the urban forest review and investigation report it's a 15 page report

um is it true that there are 28 trees on the site and 21 in poor condition according to the report

correct all right and then two of those trees within those report are designated as heritage

trees is that right that is correct all right well let's go to the boundary and uh topographic

survey all right and then just so the board understands just to make it easier for everyone

our firm circled and read where those two heritage trees are. That was not in the original

survey, but we just figured, you know, to illustrative purposes only, it would be helpful

for everyone. So there's two circles. There's one to the upper right-hand portion of that survey.

Can you explain what that is? Sure. That is one of the heritage trees that was designated by

Rockwell and Associates. Okay, and the one that's in the middle portion? That was also another tree

designated as a heritage tree. You can kind of see it's 32 inches of diameter. All right, and then

in terms of the condition of the heritage tree, the middle one, I believe that's a reference as

a cherry tree. What's the condition of that? That condition was in poor condition and not able to be

saved or not recommended um to be saved based on the condition of the treaty and and let the board

for record keeping purposes see that we're pointing to the observations of that report um

the findings of of that report um i want to now kind of go into and and let scott take a break um

we have a a civil engineer uh shannon i would like her to be sworn in she's going to talk about

oh so a little cross yeah yeah that's fine i mean yeah i was trying to make it one across

or how do you want to do this i'll cross this witness and then if necessary the next sure oh

well i'm not done with him i'm this is only a small portion i wanted to go i figured just to

keep his streamline kind of focused on then they'll have an opportunity yeah sure that's fine

right yeah absolutely yeah so um if shannon can virtually raise her hand shannon

oh yes they will be coming back in shortly as a pen thank you

hey can everyone hear me hi hi could you please state your name and spell for the sonographer

hi hi could you please state your name and spell for the stenographer yep so my name is shannon

Yep.

Sorry.

park s-h-a-n-n-o-n-p-a-r-k right do you swear or affirm to tell the truth the whole truth and

nothing but the truth i do counsel uh yes um miss park um your your firm provided this landscape

plan which is you know in front of the board uh today is that correct that's correct okay um why

don't you explain you know in lieu of these 28 trees that are currently on the site that we're

asking to remove why don't you explain uh uh generally the the landscape plan how many trees

yeah so the the landscape plan um is providing uh the street trees

so it's um the two along pechin and then

all right and then they're going to be you know according to this plan you're including uh 16 new

healthy trees, right? Four American hornbeam canopy trees, 10 serviceberry ornamental trees,

and two eastern redbud ornamental trees. Is that correct? That's correct. And then you're doing

four different shrub species with a total of 112 plantings? That's correct. And then you have 14

grass plantings as well. Is that correct? Yes. All right. And then there's 118 ground covering

plantings as well right that's correct and 42 perennial plantings as well yes all right and

and i did mention with uh during mr or mr woodruff uh mentioned during his testimony that there are

28 trees 21 are in poor condition is that correct yes that's correct all right and two of them one

one of the two heritage trees is is one of those in poor condition is that right

yes all right um just again to keep it you know focused on yeah um i would like to now

point the board's direction and miss park's direction to the soil erosion plan

so whenever you're dealing with a site of this size especially with this a steep slope where

were on the, you know, where there were people below us, you know, stormwater always comes

into play. Can you explain the efforts that you've designed to responsibly deal with the

storm, any stormwater for this property? Yes. So in the proposed condition, we have

a proposed inlet within the drive aisle, as well as a trench drain at the entrance from

and then yard drains for the walkway on the left-hand side of the plan.

The walkway is also permeable pavers, which helps with the infiltration of the water

and to decrease some of the impervious space.

As far as dooring construction, for the E&S plan here,

we're also showing filter socks to help with any sediment runoff,

um a rock construction entrance uh as well as inlet protection for the inlets both on the site

and uh downstream in both streets all right um and you this was reviewed and approved by the

philadelphia water department yes we have irsa approval for this and i believe we have a letter

in our presentation materials dated january 26 2026 where they reviewed your plans and approved them

Yes, that's correct. All right. Well, thank you so much for your time. Um, we may ask for you to come back. I just wanted to have Mr. Yeah. Uh, yeah. Uh, Mr. Woodruff. Yes.

Yeah. Um, all right. So Hillary's trying to say, if, if she's not necessarily, if you're done with her testimony, then she's let Mr. McElhatton.

Well, she's she will probably testify later on about there are some questions about the driveway that you may enter.

So just so we know, you'll have to be able to produce if we don't get to them today with Mr. McElhant, you have to bring them.

Of course. Yes, of course. That's fine. I'll defer any questioning. Sure.

So the witnesses are finished. OK, thank you. Thank you. I appreciate that.

All right. So, Mr. Woodruff, let's go over the remaining and refusal.

So let's go over the the your architectural plans and drawings.

So, yeah, start with the rendering.

All right. So can you explain what we're seeing here right now in front of us?

I so can you explain what we're seeing here, right?

Sure. So this is a front rendering shown from Peach and Street looking up at the proposed structure, which is a 10 unit single family home or PUD structure, as you described.

We went through a few iterations to match the character of the surrounding neighborhood and worked with the neighborhood to aesthetically address some of their concerns and desires to make sure that the building facade fit into some of the surrounding contexts, including, you know, brickwork, cornice, as well as porch kind of along the front face.

yeah so can you explain to the board the materials that you envision the property owner would use as

part of this project sure so we we have a standard red brick which is very common throughout the

neighborhood we also have a limestone water table that kind of runs along that first floor in the

garages uh we also uh have a with second stone shifts retaining wall that's along the street

which is um there's a wall there currently in a little bit poor repair but that was something

important uh to the neighborhood that we do keep that element along the pedestrian areas which we

did do um as we go back uh through the property we have a mix of fiber cement siding um as well as

uh board mat and vinyl siding that kind of stretches back down some of the interior uh

areas in the rear facades yeah and and we'll go over the obviously the site plan and the floor

plans but each you know this this property goes street to street from petchen and loriston right

correct and as part of your design and we'll see it also let's go to the next rendering

you purposefully have a a single family structure facing each public street with a porch is that

correct that is correct and again we we worked with the neighborhood um to make sure that these

uh facades that were very street facing um fit with the character and kind of desires um

um of the surrounding contexts that were applicable all right and then you have eight

single-family homes sandwiched in between those two single-family homes one facing

Petchen and once the one facing Larson is that correct that is correct all right well let's go

to the site plan all right so let's just look at the numbers on the site plan because I did

you know kind of give a general you know synopsis so according to your site plan uh the site is

15,570 uh square feet or so is that right that is correct all right and you know based on the rsa5

zoning you know if if if we had this refrontage that would be math would be 10.8 units is that

correct that is accurate yes all right and then the width of of the property facing both public

streets is 75 feet wide is that right that is right and that's up there the second right there

all right and then um we do have now uh a height of 38 feet is that right a maximum height yes we

did uh revise that um taking down some floor levels and making some adjustments uh to have the

uh height at 38 feet as measured from average grade planes um on the structure all right great

and we you did provide us with the revised plans which which we submitted to the zba is that right

that's correct so the board feels so inclined to grant this variance we would respectfully request

that they granted with the with those revised plans removing that one refusal all right let's

go over the actual uh plans themselves um you know i guess this is just the the the elevations

up to the top left is that right yes correct okay and then the bottom left as well

yep okay let's go over the site plan so can you ex uh kind of walk us through this site plan

yeah sure so if you want to center it on the screen that would be perfect all right great

so on the right side is uh peachen street on the left side is loriston um again as you mentioned

a through lot uh we've got a 17 foot and change front setback um that's along the peachen street

facade and a 21 change foot setback along the Lauriston Street side.

Majority of these homes are all set back with I would suspect because of sloping

i would suspect because of sloping and other other factors so it was important to maintain that

and other other factors so it was important to maintain that.

a lot of care and effort went into placement of the drive aisle and vehicular access into the site

based on the steep slopes and sloping of the site it was placed on the southern side

as it's the least amount of slope coming into the site it ramps up a bit on the northern side

So, coming in on the southern side of the site, we have a 9% slope, a 15% slope, and then a 1% to allow access to the garages, which really limited the amount of earth moving as much as possible to provide that vehicular access.

on the northern side of the site would be the front door access we have stairs that come into

a common kind of sidewalk entryway and then there'll be front door access to all the homes

that also wraps around two stairs to provide consistent access from Larson and through the

site to peach and street so that there's pedestrian access that can be done

street to street front to back on the site those stairs connects also down to

the drive aisle so there's consistent pedestrian access throughout the site

one thing to know based on the site that is also fairly important is there

currently is between a 16 to 18 foot retaining wall that's failing currently along the large

thin street side so to address that we have a very large slope change there so we're proposing to

develop this in a manner so that we create some cascading retaining walls that kind of

cascade cascade down to the street frontage um with stairs and kind of entry up into the drive

aisle and that top sidewalk access um the majority of the buildings being built up on the site

uh and not pushing down this really steep kind of uh retaining wall embankment yeah we we changed

our screen i don't know if you noticed that to show the picture of the retaining wall that you

were talking about is that the retaining wall it is correct okay all right well let's go back to the

uh the site plan uh so specifically just as an observation you separated the pedestrian and the

vehicular traffic and access that is correct correct they are they are separated um for safety

reasons um and just logistically um for the members of community and the obviously the homeowners

Yeah. And again, just to reiterate, the bookends of this 10-unit plan community, they're facing the public street to provide eyes on the street.

Correct.

All right. With porches as well.

Yes. Both have porches.

All right. Is there anything else? Oh, how wide is the drive aisle?

So the drive aisle is, I believe, 20 feet.