civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

I can.

Similar wording

My testimony here really builds upon what you just heard architecturally.

Similar wording

Eric described the physical constraints that come from the 60-foot height limit.

Similar wording

And my testimony is to take it one step further and say, what does that mean from an economic and market perspective?

Similar wording

And I've really looked at three things that speak to that.

Similar wording

The first is that there is discussion about construction techniques.

Similar wording

And I think Mr. Labor referred earlier to 5 over 2 or 4 over 2, the idea that you need some steel or concrete podium.

Similar wording

The idea that you need some steel or concrete podium for structure, and then you can build relatively inexpensive wood framed on top of it.

Similar wording

So the limitation a 60-foot height limit would put on it would be to reduce effectively a seven-story building down to a six-story building.

Similar wording

So what the applicant is proposing is a five over two, five wood frame over two concrete or steel.

Similar wording

And the height limitation reduces that to a four over two.

Similar wording

So the question is, are there any four over twos?

Similar wording

If that's a viable or advantageous configuration, you would expect to see examples of buildings that are built like that for wood frame over to steel or concrete.

Similar wording

And so my team looked at buildings that had been built in the city over the last 10 years to see if we could identify any buildings that matched that configuration.

Similar wording

We went to COSTAR, which is the data source for commercial buildings, including apartment buildings, and identified all recently constructed buildings.

Similar wording

We found 35 six-story buildings built in the city over the last 10 years.

Similar wording

None of them are four over two.

Similar wording

So all the buildings that were built have a different configuration, either five over one.

Similar wording

And so we could not identify any other building that would be configured the way that a 60-foot limit would require this building to be built.

Similar wording

That's the first point.

Similar wording

The second point concerns ceiling height.

Similar wording

So one way of getting in a seven-story would be to reduce the ceiling heights

Similar wording

and use her testimony on the ability to do that

Similar wording

with using very expensive concrete construction throughout.

Similar wording

Another idea is, well, why not just reduce the ceiling height,

Similar wording

and therefore you could cram in an extra floor that way?

Similar wording

And obviously you can do that from an architectural perspective.

Similar wording

If you could have lower ceiling height, but these buildings exist in a marketplace, you

Similar wording

have to be able to rent them.

Similar wording

And a nine-foot ceiling is really a standard ceiling height.

Similar wording

So if you built a lower ceiling building, you couldn't rent it for the same amount of

Similar wording

money, which means their financials go poorly.

Similar wording

So we also looked around to identify recently constructed buildings in the vicinity, and

Similar wording

And all of them had either 9-foot ceilings or 10-foot ceilings.

Similar wording

So that's just speaking to what the market demands.

Similar wording

And the market dictates essentially what you can rent it for.

Similar wording

And what you can rent it for determines how much you can afford to build.

Similar wording

And these points really feed into the final analysis that we did, which is a financial feasibility analysis.

Similar wording

So if you do reduce the number of units that are permissible,

Similar wording

essentially by reducing down to 60 feet you're cutting down the number of units so what does

Similar wording

that mean financially the and we looked at two scenarios one in which we simply lop off the top

Similar wording

floor and lose the 26 units that are up there but keep everything else the same the one-to-one

Similar wording

parking and the rest of the units and removing units reducing the size of the building obviously

Similar wording

reduces how much it costs to build the building

Similar wording

because you're not building as large a structure,

Similar wording

but it also reduces the

Similar wording

revenue potential. And because

Similar wording

there are fixed costs that you

Similar wording

have to incur,

Similar wording

dealing with essentially the

Similar wording

two floors of podium,

Similar wording

the rock outcropping, the need to

Similar wording

preserve the

Similar wording

facade, that

Similar wording

makes this building expensive to build

Similar wording

before you even get to the first unit.

Similar wording

So the revenue goes down a lot

Similar wording

faster than the cost

Similar wording

goes down, which in a technical term messes up your financials. So the current proposal

Similar wording

has a series of financial metrics that are important for investors to realize, otherwise

Similar wording

they're just not going to fund the project. For example, the internal rate return, which is one

Similar wording

of the metrics, is currently 21.4%. It would reduce down to 15.5% if you got rid of the top

Similar wording

floor and the yield on cost goes from seven percent to six point two percent uh we ran another

Similar wording

scenario in which uh we reduced the parking ratio we tried to shave some more costs basically build

Similar wording

a five over one building um but that also uh because the reduced unit count doesn't work

Similar wording

But that also, because of reduced unit count, doesn't work.

Similar wording

The financials are a little bit better.

Similar wording

It goes down to 69% internal rate of return, 6.4% yield on cost.

Similar wording

But those are still significantly lower.

Similar wording

My understanding, in speaking with Mr. O'Day at JLL, which is a consultancy brokerage,

Similar wording

that current market conditions require 7% yield on cost

Similar wording

in order to get financing, this is well below that.

Similar wording

So the conclusion from all of that

Similar wording

is that by shrinking the building down to 60 feet,

Similar wording

you essentially render the building impossible to build

Similar wording

from a financial point of view.

Similar wording

Thank you, Dr. Angelides.

Similar wording

Just for purposes of clarification,

Similar wording

Is it your belief that anything less than a two-story podium at this site is viable?

Similar wording

From an architectural perspective, it certainly doesn't seem that way.

Similar wording

And financially?

Similar wording

Less, no.

Similar wording

But you're not stating that 3 over 1, 4 over 1, or 5 over 1 does not exist in Philadelphia,

Similar wording

just that it's not applicable to this site, correct?

Similar wording

That's correct.

Similar wording

Thank you.

Similar wording

Nothing further from Dr. Angelaitis at this time, Mr. Chairman and members of the board.

Similar wording

Thank you.

Similar wording

Do you have anyone else?

Similar wording

We have JLL only if the board has any questions.

Similar wording

All of us are available for questions.

Similar wording

I know that there are members of the general public who want to speak.

Similar wording

Right, right.

Similar wording

So thank you.

Similar wording

I'll hold concluding remarks if I may.

Similar wording

So what I'm going to do is open it up for discussion, unless there's anybody from the board that would want to have a question.

Similar wording

Obviously, if we get through the discussion, we're probably not going to vote anyway.

Similar wording

I'm going to take it under consideration.

Similar wording

I have two quick questions.

Similar wording

The first one is you guys have been referenced in 11 Shores Lane.

Similar wording

Do you guys know the height of that in relation to this property?

Similar wording

We can go back to that slide.

Similar wording

It's one of the sections.

Similar wording

That's what I wanted to pull up.

Similar wording

That 11 is actually up higher on the hill.

Similar wording

Definitely.

Similar wording

So here we see the section of it, and you can see that it is a four-story structure.

Similar wording

It is a parking level, and I suppose they have a lobby facing the street.

Similar wording

But above that, they have three floors of residential.

Similar wording

And that site is high enough up Schur's Lane that it is outside of the floodplain.

Similar wording

So they had the benefit of that site being raised.

Similar wording

It's right against the railroad.

Similar wording

It's almost misground.

Similar wording

Yeah, if you look at the image here, you can see that building takes up a decent amount of its site,

Similar wording

and it is within very close proximity to both the property line and the railroad.

Similar wording

Right, so I guess I'm trying to figure out, is it going to be, even though I know that it's elevated more,

Similar wording

is it higher than your building, or your building would still be,

Similar wording

with the requested amount of variance that you guys want, would it still be higher?

Similar wording

Well, so in this section, their building is, I think, fairly accurately represented because we were able to see their zoning application drawings and get information from that.

Similar wording

And so you can see on the left where their roof is.

Similar wording

You can see it labeled right at the top of that building.

Similar wording

Mr. Laver, if you could just move the cursor.

Similar wording

That's their roof there.

Similar wording

That's their roof.

Similar wording

Go down a little bit.

Similar wording

That's their roof.

Similar wording

And then you can see on the right-hand side, that is our building adjacent to it.

Similar wording

okay and then my next question is um you guys i appreciate the education with the five over two

Similar wording

for once how much since this uh um how hard can you go up with the two feet of concrete

Similar wording

in general uh i'm trying to i want to make sure i understand your question so the number is five i

Similar wording

mean can it be eight can it be ten can it be eleven over two like uh we've done a building

Similar wording

that's 27 stories tall out of over two oh no no that's what i'm saying so all concrete pretty

Similar wording

much the maximum of the stick frame construction is going to be five stories okay and so you need

Similar wording

to anything below that it's essentially for all intents and purposes it's building one building

Similar wording

on top of the other and the concrete or steel podium so the first two floors would be the more

Similar wording

robust construction pretty much from a well from a structural and a fire code perspective and then

Similar wording

the stick frame which could be metal or wood non-combustible construction essentially would

Similar wording

be five stories above that so it's a lesser it's a lesser construction from a fire safety perspective

Similar wording

but it's a very I mean this is as Dr. Angelides indicated this example of construction is all over

Similar wording

As Dr. Angelides indicated, this example of construction is all over the city.

Similar wording

Okay. And lastly, going up the additional feet will not put any kind of stress restraint on the historic part that you guys are trying to preserve.

Similar wording

Quite the opposite.

Similar wording

Yeah, no, I was going to say that we're really not bearing and we've gone out of our way to not sit this building right on top of those existing walls.

Similar wording

they certainly i think it's safe to say would never support that kind of weight but we are

Similar wording

building our structure behind or within a certain distance behind um and then just uh for lack of a

Similar wording

better way to describe it our structure will reach out to the back side of those walls to make sure

Similar wording

that they don't go back and forth this way it almost cradles it also i'd like to just uh confirm

Similar wording

that 11 shores lane the property that that you were asking about ms graham is is supportive of

Similar wording

the project as presented as the next door neighbor okay questions from our attorney

Similar wording

not at this time mr chair it's from the turnoff uh audience for the virtual audience and john

Similar wording

why don't you come up first glad to see you in person john the last time we had you on video

Similar wording

thank you for remembering that sure so we're sure we remembered it um could you state your

Similar wording

name and spell for the court stenographer actually it wasn't video it was just uh voice recording

Similar wording

you didn't have to look at me we met seeing you um yes uh john hunter there we go john hunter

Similar wording

H-O-N-T-E-R. Do you swear or affirm to tell the truth, the whole truth, nothing

Similar wording

but the truth? I do. And Mr. Hunter, obviously this is

Similar wording

the hearing about the height, and that's where we're going to concentrate on.

Similar wording

I've clarified that with Ms. Emerson. We're quite aware of that, and we won't

Similar wording

get straight on that. Sure. Leach machine, sir. Also, just to note that

Similar wording

we did actually submit a letter of opposition. We have it.

Similar wording

We have it. So, in a way, just to

Similar wording

explain. I'm the zoning chair of Monon neighborhood council, which is the coordinating RCO for this

Similar wording

project. Sure, I understand it's a little. How's that? That's really good. All right.

Similar wording

We have no idea how you arrived at the proviso height. We would love to have been in the room

Similar wording

as a fly on the wall, but a few discussions,

Similar wording

but we know the proviso high that was suggested.

Similar wording

I listened to the testimony given so far,

Similar wording

and it pretty much exclusively, except for one point,

Similar wording

is a repeat of what was conveyed to you before

Similar wording

when you made that decision.

Similar wording

The testimony from Mr. Layton was the same.

Similar wording

The only difference in his testimony was that some additional sections

Similar wording

where he clarified, explained in a little more detail

Similar wording

some constraints that he has been working with.

Similar wording

Obviously, the testimony from Mr. Angelides is different

Similar wording

and more complete than his previous testimony.

Similar wording

But what we want to sort of try and address is the counterman's point,

Similar wording

which is something that he has taken on board

Similar wording

that if you don't got that extra floor

Similar wording

there's no other way that this building will be built

Similar wording

and therefore nothing will be built

Similar wording

and we challenge that.

Similar wording

We don't agree with that.

Similar wording

We're not part of that conversation.

Similar wording

We haven't had a conversation with the councilman

Similar wording

to convey our viewpoint

Similar wording

but as an architect and I'm a registered architect

Similar wording

there are ways of incrementally reducing

Similar wording

the height of the proposed building

Similar wording

without losing all of the unilaterally one floor.

Similar wording

26 units is what is said.

Similar wording

And I think one of the constraints that is suggested

Similar wording

is at the lower level,

Similar wording

which is trying to design the building

Similar wording

around the 12 or 14 historic windows

Similar wording

that are in the wall of that's being retained.

Similar wording

And it's being retained, as in the original testimony,

Similar wording

at the request, so we are led to believe

Similar wording

by the letters submitted of the Littlewoods family

Similar wording

who asked that part of the building be retained.

Similar wording