civus
Hearing audio

ZBA Hearing - April 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20262h 41m

is whether you're whether somebody's proposing to build in them or one one oh yeah yeah i mean

Similar wording

I can stipulate. The question is, can you, can your witness answer that question? I think she

Similar wording

said she couldn't answer the question, right? I mean, I was saying, I was stipulate that there's

Similar wording

steep slopes. The testimony was that steep slopes are unique to this property. I'm asking, are

Similar wording

steep slopes unique to this property? And we all know Manny Young. I'm asking if she has that

Similar wording

knowledge. I mean, everyone here, I believe there is none. Are you able to answer the question? If

Similar wording

not you can say you don't add uh no i don't have an answer to that okay thank you mr chairman

Similar wording

yeah for some follow-up um rachel i pulled up on the screen um the revised uh zoning drawings that

Similar wording

were submitted with the amended zoning permit application um in sheet z 1.2 that was prepared

Similar wording

by fusa design um you've seen you've seen this plan correct correct and uh to the to uh council's

Similar wording

question regarding the disturbance between the differences in disturbance and the steepest of

Similar wording

regarding the disturbance between the differences in disturbance and the steepest of slopes

Similar wording

this plan shows uh the driveway it shows the car going into the driveway

Similar wording

is all of the area in front of the houses to be with the proposed design to be disturbed

Similar wording

or only part of it sorry can you say that again so the area that's in front of the houses we can

Similar wording

see that there's a driveway right where the car turns into i can use my pointer here this area

Similar wording

here is that in a disturbed area or is that an undisturbed area undisturbed okay so with the

Similar wording

proposal and i presumably let me ask you a question the idea of these ordinances that deal with steep

Similar wording

slopes i mean the idea is that and and having more controls when they're steeper the idea is

Similar wording

you want to stay out of the steepest of slopes you want to stay out of them correct and disturb them

Similar wording

less is that not correct that's correct all right so between the design that we have that leaves

Similar wording

a large area besides the driveway undisturbed and the and the and the design that was

Similar wording

that is being suggested where it's pulled all the way to the front that you can see here

Similar wording

which one disturbs this more steep slopes the one with the houses pulled all the way to the

Similar wording

property line disturbs more steep slopes okay and uh thank you and then the question that

Similar wording

council asked regarding the general characteristics of manny young um and you i think you believe you

Similar wording

weren't that familiar uh with that but a property that has slopes up to 85 90 degrees 70 degrees

Similar wording

is that is that pretty unique excuse me i have just she testified she doesn't have knowledge

Similar wording

of no i'm just asking in general i'm asking in general not specific to mandy young

Similar wording

in general that is unique wait a minute wait a minute we'll allow her to answer the question okay

Similar wording

and then you can make your comments yeah right yeah so my question wasn't about manning because

Similar wording

in general is that a unique characteristic when a property has that steep of slopes

Similar wording

yes i believe your answer was yes all right i have no further questions of this many columns

Similar wording

no mr chairman it's just that we're discussing the unique attributes of this property that's

Similar wording

what they're asking for a variance for right and and i'm suggesting was only suggesting that the

Similar wording

condition that they're asking to remedy is a condition faced by many other properties and

Similar wording

many that's all i was trying to say thank you do you have your next chance that she didn't know

Similar wording

that answer um yes i have no further questions rachel thank you um carlo bats i'm going to have

Similar wording

carlo testify um regarding financial hardship they're being promoted to panel thank you

Similar wording

Carlos Carlos Carlos Carlos yeah good morning how are y'all today good morning could you please

Similar wording

state your name and spell for the stenographer yes carlo l bat c-a-r-l-o-b-a-t-t-s do you swear

Similar wording

or affirm to tell the truth the whole truth nothing but the truth yes sir council uh and

Similar wording

sure if i may and i've fixed you mr chairman i just like to point out this is a new report that

Similar wording

i have not been presented with and i don't believe was part of the record the last time i checked and

Similar wording

people in the audience are shaking their head no to hillary this was submitted for today's hearing

Similar wording

so it is a supplemental exhibit okay i i have not had an opportunity submitted last week it

Similar wording

dated march 30th i was not aware of it okay all right please proceed um so um mr bats has been

Similar wording

qualified as an expert before this board i believe but um in the past he's appeared before this board

Similar wording

why don't we ask counsel are you okay with that yeah okay please although i'm not sure what he's

Similar wording

testifying about since i haven't seen the report well we'll we'll see okay i mean so he did so mr

Similar wording

mr bats did prepare a summary that was presented um at the last hearing we didn't get to it

Similar wording

and then this is just the the report that backs that up okay um so mr bats um you were

Similar wording

What is your position with Rittenhouse Appraisals?

Similar wording

Yes, good morning.

Similar wording

I am the principal of Rittenhouse Appraisals.

Similar wording

of written house appraisals i'm a mai designated uh real estate appraiser certified in pennsylvania

Similar wording

I'm a MAI-designated real estate appraiser.

Similar wording

okay and were you hired by the owners of this property to uh becan realty llc to prepare a

Similar wording

feasibility analysis comparing the um the report or the proposed development to the

Similar wording

development that pulls both of the houses to the front of the property

Similar wording

Yes, sir.

Similar wording

Okay.

Similar wording

And I'm just going to start with the conclusion just to get to that,

Similar wording

and then we can work our way backwards to what supports that.

Similar wording

Between the two, can you please give your conclusions,

Similar wording

and if you need me to turn to those pages,

Similar wording

regarding the financial viability of the two projects?

Similar wording

Okay.

Similar wording

First, we'll start without the setback,

Similar wording

which is really the uh the issue at contention here is that it'll actually the development costs

Similar wording

uh going through the the rock that's there and and installing utilities will represent a

Similar wording

about a 460 000 loss to the uh to the developer or a 20 lost over fees and what were some of the

Similar wording

the things and I mean I'm assuming we're looking at this I think it's page uh let's see it's right

Similar wording

at the bottom yeah unfortunately I have this thing here uh uh here we go so you have the

Similar wording

overall development cost here of building uh the structures upon the site uh which includes the

Similar wording

additional cost of uh site construction being at the street which is elevated based upon

Similar wording

the elevation and the uh rock this rocks and stuff the stones that's there at the front of the site

Similar wording

which increases the cost and getting utilities through all that i understand and uh and were

Similar wording

there also other hardscaping or retaining aspects uh higher costs that you were provided as well

Similar wording

Yes. You have to put in the retaining walls, anchoring, getting your utilities hooked up, blasting. All these things are added trenching and excavation, hauling.

Similar wording

And then, Mr. Batson, did you also take into consideration the product that would be delivered as a result of bringing the houses to the front of the property as far as what they would offer to a prospective homebuyer specifically regarding the impact in either eliminating all or all but one of the parking spaces that's proposed with the current proposal?

Similar wording

yes by moving it towards the front you lose uh your back end sale price also diminishes and

Similar wording

your marketability diminishes because you're offering an inferior product to the marketplace

Similar wording

and based upon and that was based upon the information that was provided by the architect

Similar wording

alex duller correct who already testified i think at our last one he did testify the last hearing

Similar wording

and i believe he testified as to that i can bring him back on if we need um and and what we're and

Similar wording

And you can see it in the drawings that, you know, we have that have been provided already.

Similar wording

But so the result of pulling the properties to the front does what to the parking?

Similar wording

How does that impact that?

Similar wording

What does, how many spaces is it, is eliminated, are eliminated?

Similar wording

Because four are included, two for each house with what's being presently proposed.

Similar wording

I believe it's going to eliminate, I think, three spaces or whatever.

Similar wording

where two or three spaces are going to get eliminated, which also decreases the marketability

Similar wording

of the diminishing of off-street parking for each of the houses.

Similar wording

Okay. All right. And then what was your conclusion regarding the proposed development project

Similar wording

with the houses setback further? Well, moving the development back off the street

Similar wording

allows to include on-site parking, but then also what happens is it moves the project,

Similar wording

lowers the cost because you don't have to do as much site development.

Similar wording

You can kind of work around the bedrock that's in place or some of it.

Similar wording

So then the project becomes profitable, a profitable development.

Similar wording

And what did you have as the profit when you ran the numbers with the setback?

Similar wording

uh about 65 000 of profit or three percent profit and you took into account the increased

Similar wording

um soft costs that have occurred through this entitlement process correct exactly legal fees

Similar wording

and all the experts that have been hired correct yes understood all right um i have i have no

Similar wording

all right um i have i have no further questions of mr council thank you uh mr chairman um

Similar wording

further questions of mr council

Similar wording

mr batch so bear with me since i haven't looked at your analysis but your feasibility analysis

Similar wording

is really just dealing with financial feasibility correct not whether the project could be done

Similar wording

i'm not sure i understand your question there did you address does your feasibility

Similar wording

and now feasibility could be taken as is is it feasible to build this project given the conditions

Similar wording

you're just were you just restricted to a financial uh analysis well i think feasibility

Similar wording

is based upon is it probably if we're going to earn a profit or not i mean that's kind of the

Similar wording

overall thing so this under the with the setbacks and building not at the front of the site it's a

Similar wording

profitable project uh building at the front of the site it's not a profitable project so feasibility

Similar wording

in the terms of your report your testimony is just financial feasibility in terms of turning

Similar wording

a profit on this project is that correct uh the feasibility to make it feasible is whether it'll

Similar wording

turn a profit yes you make money thank you um you reported i believe if you um that um if the

Similar wording

property was built to the property line there would be a 460 000 loss to the developer was

Similar wording

that correct yes sir and you said that was a amounted to a 20 increase in cost

Similar wording

as opposed to a increasing the cost 80 was it 20 cost would be increased

Similar wording

there are substantial increases having to deal with the bedrock at the front of the site which

Similar wording

elevates the site construction costs. Did you offer a percentage? I thought it was 20%.

Similar wording

I didn't hear 20%. I heard 19.

Similar wording

Again, I thought you said 20%. You said 460. Forgive me, Mr. Chairman. I apologize.

Similar wording

I don't think I said a percentage of 20%. I didn't say a percentage. I just said numbers.

Similar wording

but you did say that it would be a four hundred thousand dollar when you say lost to the developer

Similar wording

do you just mean that the cost would be increased to this project lost to the developer being it

Similar wording

is not a feasible project to undertake it you would not make money so your developer couldn't

Similar wording

just charge more no because the market is capped by the end sale price of the homes okay um you

Similar wording

You also suggested that the cost, I believe, that the cost of the utilities would be more expensive if the property is built to the property line with no setback?

Similar wording

I did say that, yes, sir.

Similar wording

Okay.

Similar wording

If the property is built with the 35 or 36-foot setback, wouldn't the utilities have to be extended further onto the property?

Similar wording

Yes.

Similar wording

And there's no cost to that?

Similar wording

the cost would be different i'm not a site and i'm not the site engineer i'm the appraiser

Similar wording

did you examine what the cost would be if the utilities were

Similar wording

had built with a if the property was built with a 36 foot setback

Similar wording

yeah the cost is diminished because you can work around the bedroom do you have about a number in

Similar wording

mind give me a second i'm looking i'm working with multiples if you don't have it that's

Similar wording

okay i don't i don't want to belabor the point if you don't know it okay you can just say that

Similar wording

the overall cost is diminished moving it back off the site across the board because you don't have

Similar wording

to deal with the bedrock that's at the front of the site that is the challenge so that reduces the

Similar wording

the hardship is reduced of developing the site by moving it back off the site

Similar wording

i have no further questions thank you david how many more witnesses i just have a quick rebuttal

Similar wording

just three questions how many more witnesses do you have um where you're starting to run out a

Similar wording

little time yeah okay i mean i might because there's been people waiting here no i i understand

Similar wording

i understand i mean i'm happy to have them go the only thing i was going to bring is alex

Similar wording

dollar back to address a few comments that have been raised because i reserved a right to bring

Similar wording

them back but i mean i'm more than happy to hold that till later and here so that people don't have

Similar wording

to come down again but a real uh three quick things for mr batts so all right go ahead so

Similar wording

So, Mr. Batts, the question that came up was about the feasibility.

Similar wording

This report shows the financial hardship to the developer because of the unique physical characteristics to place the houses at the front of the property versus putting the houses where they're proposed, correct?

Similar wording

Right.

Similar wording

okay and council was talking about charging more or charging less and it's yours and i

Similar wording

And it's yours. And I believe the report states and you were stating that not only is there additional cost in pulling the houses to the front and construction, but pulling them to the front, there's less value at the end.

Similar wording

believe the report states and you were stating that

Similar wording

If for nothing else, at least the three of the parkings, at least three of the parking spaces and not all the parking spaces go away.

Similar wording

And that makes the product less marketable or has less value, should I say. It could be both. Correct.

Similar wording

right you're selling you're essentially moving the you have to sell to a different market without

Similar wording

that okay and and in mani yunk i mean you're familiar with mani yunk on street parking is

Similar wording

pretty tough correct yes it's it's a challenge in many right so a house with off street parking

Similar wording

versus a house without off street parking the house with off with off street parking would be

Similar wording

much more valuable and more marketable, correct? Yes. Okay. And then regarding utilities, I know

Similar wording

counsel didn't ask you to take the time to look through your report, but the cost of utilities

Similar wording

between the two options is addressed in your report, correct? Yes. Okay. Thank you. I have

Similar wording

no further questions. Right. How many more witnesses do you have? So I was going to bring

Similar wording

Alex Dollar just back in to talk real quickly about the data that was provided and my client

Similar wording

to provide real quickly. The only thing is to dot my statements and provide... We only have about

Similar wording

nine minutes left and i want to use it the best i i don't i don't want to bring the people in

Similar wording

the audience and we have to cut it so why don't we just can you finish in nine minutes yeah i think

Similar wording

so all right why don't you finish in nine minutes then we'll start fresh sure because i do want to

Similar wording

have alex adopt him so alex dollar please to come in they're being promoted to panel

Similar wording

good morning good morning sir could you please state your name and spell for the stenographer

Similar wording

my name is alex stuller a-l-e-x d as in david u-l-l-e-r do you swear or affirm to tell the

Similar wording

truth the whole truth nothing but the truth i do well alex you you've heard the statements that

Similar wording

i've made to the board both of that you were on for the last hearing and you heard those statements

Similar wording

and you heard the statements i made today correct yes and are they true and correct to the best of

Similar wording

your knowledge yes would you adopt them as your own yes okay and then real quickly you prepared

Similar wording

all the drawings your shot you are in your shop or to produce the drawings that are included in

Similar wording

the exhibit book that we have been using throughout the proceedings in this matter correct yes okay

Similar wording

and did you provide data to both sarah for the engineering report and for the steve slope report

Similar wording

and to carlo bats for the um financial feasibility study to rachel for the steep slope and to carlo

Similar wording

yes we provided them similar similar information and cad information whatever they needed to be

Similar wording

able to complete their analysis okay all right um and then i just want to be clear because i'm

Similar wording

not sure i was listening to the recording um from the last last proceeding but we have just talked

Similar wording

with mr batts um about this if the buildings are pulled to the front can you please for the board

Similar wording

tell them why the parking the off-street parking is impacted well we would right now we are

Similar wording

proposing two uh stacked parking spaces which each home if we move the parking to the front

Similar wording

The only way to get parking would be to excavate bedrock

Similar wording

So that that was limiting us to it one parking space per home

Similar wording

But we are unsure we would actually for the deeper home be able to get a parking space at all

Similar wording

Because the road of Ripka Street stops halfway across our site

Similar wording

And we, in our years of research trying to find out information from the streets department about how we would go about extending this street due to that extreme steep slope, we have not gotten any progress towards answers for that.

Similar wording

So we almost have to assume that we would not be able to extend the street based on the fact that we've spent three years trying to find out how we would do it, and we haven't been able to.

Similar wording

And then if you were to extend the street, I think you mentioned that would go into this hill at the end of Ripka Street.

Similar wording

And what would that necessarily require?

Similar wording

Other than, aside from the city saying you can extend the street past your property, what else would need to be done other than physically extending the street?

Similar wording

Well, we would have to physically install a 15 to 20-foot high retaining wall, and a retaining wall of that height is difficult to do structurally.

Similar wording

It's difficult to do structurally. It may need to be stepped back. There's significant design that goes into a retaining wall of that height. Ultimately, we would probably need a structural engineer to talk more about that. I just know a very surface level understanding of the difficulty of it.

Similar wording