civus
Hearing video

ZBA Hearing - February 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 5, 20257h 1m

Winfield purchased the two properties at Sheriff's Sale.

Similar wording

I'm going to boil it down really simple, then we can get into the details.

Similar wording

Back in 2013, back in September of 2013, prior zoning board issued variances or granted variances for the development of 1840 as six townhomes running from kind of sideways from South Kamak to South Eisminger with the property, with the unit at South Eisminger having a garage, one car garage.

Similar wording

And for variances for the abutting property on Eisminger Street, 1839 South Eisminger, for a single family dwelling with a garage.

Similar wording

The owner of the property then proceeded to secure zoning permits in October 2013, demo permits in May of 2014, and building permits in July of 2014, commenced construction of the project.

Similar wording

I'm going to show you some, I can show you some historical images, but at some point

Similar wording

around 15 or 16, I believe, they ran out of money, is from what I understand.

Similar wording

And the project has been sitting for seven years or so in a state of partial completion.

Similar wording

And I'll show you some photographs.

Similar wording

Because of the time that elapsed since the zoning permits and building permits were secured

Similar wording

and how long it sat, all those permits expired.

Similar wording

My client purchased the property in 22. And in order to complete the property and complete the project, complete the construction of the seven single family homes, they need to go back through the permitting process all over again.

Similar wording

So they submitted actually an expediter submitted the I can show you the same plans that were originally submitted and approved with the original zoning permits and went.

Similar wording

and approved with the original zoning permits and went back to the community after the notice of

Similar wording

refusals were issued and the appeals were filed by a different attorney and we're here today to

Similar wording

essentially have the zoning board reapprove the variances that were granted before

Similar wording

because the conditions that warranted the granting of those variances before still exist and in fact

Similar wording

there's even a greater hardship now because you have these buildings that are partially constructed

Similar wording

and there's a financial hardship to have to tear them down and to go build something else.

Similar wording

What is interesting in regards to the notices of refusals, both the ones that were issued in

Similar wording

February and the corrected ones that were issued just in December, is I believe that examiner

Similar wording

simply took the old refusals that were issued back in August of 2013 and just kind of spit them back

Similar wording

out in actuality with changes to the zoning code or possibly based upon a new examination of the

Similar wording

plans or more thorough examination of the plans. We actually have one fewer refusal today than

Similar wording

than there was back in 2013 for both 1840 and 1839.

Similar wording

So just real quickly, I'm going to show you some historical images.

Similar wording

1840, you'll see in an aerial, runs from, again, from South Kamak to South Eiseminger.

Similar wording

It used to be a catering hall.

Similar wording

It was a catering hall since around 1963.

Similar wording

And you can see here the different iterations of the catering hall.

Similar wording

There aren't any street view images from South Eiseminger. You'll see in the aerials, it's a very small street. And then what happens is you can see here in 2016, the project, you know, the building that was there was demolished and that covered 100% of the lot of the 1840 South Camac Street lot.

Similar wording

you'll see in the historical aerials and the project was commenced this is unit a uh extends

Similar wording

unit a through f on i had to check uh to eisminger and then um and then unit g because the even

Similar wording

though they're on separate properties they're going to function as one planned unit development

Similar wording

so that's how they extend but this is unit a at south camac street and you can see here and then

Similar wording

up to 22, no real change, as you can see here from there to there. It's essentially sat.

Similar wording

Here you can see in 22, again, in keeping with the street view image from Camac Street,

Similar wording

you can see the project in its current state. It's all enclosed. It's roofed. Windows are in.

Similar wording

It has been open to the elements, I think, over a number of years prior to when my client

Similar wording

acquired the property. There have been squatters in the buildings. But this is how it stood.

Similar wording

You can see going back to 2019, looks like it's kind of in this still kind of quasi state of

Similar wording

being finished. Going back to 17, 16, you can see here, it looks like they're framing.

Similar wording

15, 14. And then 14, here are the original buildings. So again, here's right here is 1840.

Similar wording

That extends through to South Eiseminger on the left, Kamax on the right. And up here,

Similar wording

the smaller lot is 1839 South Eiseminger Street. So some of the time between 14 and 15, again,

Similar wording

in keeping with the issuance of the building permits and the demo permits in spring and summer

Similar wording

of 2014, they take down the existing structures, and then they start to build the seven single

Similar wording

family homes, and then get to the point where they run out of money, and then it just sits.

Similar wording

You can see here, let's see.

Similar wording

Here, existing aerial images of the project as it stands today. The properties are all zoned RSA 5.

Similar wording

You can see here Mifflin Street, East Pass Yonk, it's just, Heismanger is just a small

Similar wording

street that runs, loops around from Mifflin to South Camac.

Similar wording

Again, exterior photographs showing both, this is Unit A from Camac, the views down

Similar wording

Camac Street, all around.

Similar wording

this is an alley that exists between the south side of the units that are on uh camac 1840

Similar wording

south camac and properties that are on uh the north side of mifflin street this is a common

Similar wording

walkway that extends between camac street and eismaker street and the current state showing

Similar wording

everything being boarded up and blocked up by my client.

Similar wording

by my client. Here's the abutting properties to the north, and you can see at the bottom,

Similar wording

Here's the abutting properties to the north

Similar wording

and you can see at the...

Similar wording

this is 1838. And then next to it with the yellow siding is 1836 South Camac Street.

Similar wording

And then here's the view of the buildings on Eisemingler. Down here at the left, I mean,

Similar wording

up at the top, that's 1839. In the center of the picture to the right is Unit F of 1840 South

Similar wording

and you can see unit f down here at the bottom to the right of the picture at the bottom both

Similar wording

of those having garages here's the alley again and then views on eisminger street as you can see

Similar wording

no parking in the street a very narrow street that has an elbow in it and goes around to camac

Similar wording

street uh regarding the state of the different units we got into you know unit a to unit f on

Similar wording

camac street showed the range of development unit a uh which is the one at camac was near nearer to

Similar wording

completion you can see the cellar still not being completed um there is water to some water damage

Similar wording

throughout the building my client again is essentially going to take these buildings

Similar wording

and finish them um some of the siding uh the stucco that's you'll see in the renderings

Similar wording

that exist they're going to take that off and put on a more durable material hardy board

Similar wording

plank siding there. But you can see here, unit A is pretty far along.

Similar wording

And then here, all the way at the other end, at Eisman Street, you see unit F.

Similar wording

So this is the range of development and how it's been sitting for the last six or seven years.

Similar wording

I'm just going to close this up here.

Similar wording

So what we have here is here's a color site plan, again, showing the seven units

Similar wording

running on 1840, the one unit on 1839. One thing that changed, we have revised plans, is

Similar wording

community was concerned about, as originally proposed, this common walkway that extends

Similar wording

between South Camac and South Eisminger that services the front doors or by which the front

Similar wording

doors of all the units, including the 1839 South Eisminger unit, are accessed. They were concerned

Similar wording

about security, particularly the rear yards of the properties to the north, 1838, 1836.

Similar wording

So after the original application, the original notice of refusals for this matter, we've

Similar wording

added fencing and gates at both South Eiseminger and South Kamak, and then also have an awning

Similar wording

over the entrance at South Kamak Street, you can see here, just to provide some protection

Similar wording

and some light there at that site, because that'll be the primary entrance because South

Similar wording

Eisminger isn't as developed narrower sidewalks. South Camac Street has the wider sidewalks.

Similar wording

We did enter into a community benefit agreement with East Pass Young Crossing, which is the

Similar wording

coordinating RCO designated by the Planning Commission. One of those things was that we

Similar wording

have trash enclosures. We're going to add those trash enclosures. You will see right here

Similar wording

they'll be added in the walkway in front of these are the egress wells but they will be added in

Similar wording

the walkways in front of each of the units something along these lines trash will not

Similar wording

be stored on the sidewalk we do have a letter of support from east pass young crossing you can see

Similar wording

that it's dated february 3rd 2025 uh did speak to the meeting that we had pardon me hillary do we

Similar wording

have that? I don't believe we had received a copy of that directly. David, can you make sure we get

Similar wording

a copy of that? Sure. Yeah, I'm going to send, I'll send you an updated exhibit package that

Similar wording

includes this one for each of the cases. Does there, you know, it was a well-attended meeting

Similar wording

as noted in the letter. A lot of the comments or most of the comments we received had to do with

Similar wording

the budding property owners who had admittedly suffered a long time with this project, both when

Similar wording

it was initially being developed and then when it was abandoned, when the developer ran out of money

Similar wording

and it sat unattended for so many years. But again, our position is that the refusals that

Similar wording

have been issued, and again, they're one fewer for each of them, those conditions and the criteria

Similar wording

that warrant the meeting of the criteria

Similar wording

that warranted the granting

Similar wording

of the zoning board's original approval

Similar wording

of the project still exists today,

Similar wording

if not even more so

Similar wording

because of the financial hardship.

Similar wording

And you can see here,

Similar wording

here's the notice of refusal for us.

Similar wording

And then here's the notice of refusal

Similar wording

for 1840, you know, back at that time.

Similar wording

And you can see here for 1839,

Similar wording

the refusal and then the corrected refusal now.

Similar wording

I do include in my exhibit package tax compliance certificates for both 18

Similar wording

I do include in my exhibit package tax compliance certificates for both 1840, all the units, because the prior developer did record a plan unit development, declaration of plan unit development.

Similar wording

So there are the units A through F, as I mentioned, on 1840, and we have tax clearances for each of those.

Similar wording

You can see here.

Similar wording

And then also for 1839, which is unit E of G of the PUD.

Similar wording

We posted the notices at each of the frontages, both for 1840 and for 1839.

Similar wording

We did actually post a South Eisenhower Street frontage of 1840 as well.

Similar wording

You can see that right here.

Similar wording

There was a meeting, a community group meeting with EPX that was held last spring when my client was represented by different council.

Similar wording

I was back in May. There was a notice that was sent out for that. That's at my tab 13 of our

Similar wording

exhibit book. You can see here the notice that went out and then the certificate of the mailing.

Similar wording

And then we had our meeting on December 9th where we went back and here's a copy of that notice,

Similar wording

the list of addresses and the certificates of service. Just real quickly, just to go back

Similar wording

Here are color elevations, and I do have Eric Quick on the line or on the Zoom call with us today from Harman Deutsch-Oller, who prepared the drawings and the presentation materials that we are presenting to the zoning board today, including the revised plan showing the fence and gates and the awning at either ends of the walkway that we would ask the board to stamp.

Similar wording

But you can see here the brick is remaining as brick and the replacement of the stucco with a better material, a siding material.

Similar wording

And you can see renderings here from Camac Street, from Eisminger Street, including the gates that we're proposing.

Similar wording

I did have some exchanges with Hillary just yesterday regarding the fences and the gates and an L&I's review of that.

Similar wording

I think in particularly the awning, whether or not it impacts the open area calculations that in L&I's mind, just so we know, the open area that was indicated, the occupied area that was indicated in the original notice of refusal indicated that the occupied area was 80 percent.

Similar wording

And even with the awning, we recalculated it, Harman Deutsch-Oller recalculated it, and we were below that 80%, even with the awning.

Similar wording

Without the awning, we're further below that.

Similar wording

But I did include in my presentation materials my attempts to secure a response from the L&I examiner, no offense, dating back to October about the issue of the awning and the fences.

Similar wording

And there were a number of emails, October, November, two emails in November 11th and 19th.

Similar wording

And then again, that's the 19th, December 3rd, January 9th, and then an email that we went.

Similar wording

So, again, it's our position that the summation that the criteria that were satisfied back in 2013 to warrant the granting of the refusals in that case and allowed that project to commence still exists today.

Similar wording

We have an additional hardship, financial hardship, of not otherwise being required to tear down the buildings, and we're simply looking to just complete the project, sell them to homeowners, and for everybody to be over with, to be done with the issues that have existed there for so long.

Similar wording

All right. Council, why don't you bring your client on and have your testimony adopted?

Similar wording

Sure. Manoj Ramprakesh is here from Winfield Consulting.

Similar wording

Can you raise your hand?

Similar wording

Okay.

Similar wording

Thank you.

Similar wording

I'm sorry.

Similar wording

hi your honor hi everyone hi good morning could you please state your name

Similar wording

and spell it for the stenographer sure my name is minoj ramprakash the first name is

Similar wording

m a n o j and my last name is go ahead at ramprakash r a m p r a k a s h do you swear

Similar wording

or firm to tell the truth the whole truth nothing but the truth i do please proceed counsel uh

Similar wording

minoj um what is your your position with the owner of the property

Similar wording

Manoj, what is your position with the owner of the property, Winfield Consulting Corporation?

Similar wording

We are the owners of this property.

Similar wording

Thank you.

Similar wording

And did you hear the statements that I made to the board today?

Similar wording

Correct.

Similar wording

Yes, I have.

Similar wording

And are they true and correct to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt them as your own?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

And then I have Eric Quick from Harman Deutsch & Oler to adopt the architectural statements

Similar wording

that I made.

Similar wording

Eric Quick will be allowed to speak.

Similar wording

Good morning, sir.

Similar wording

Good afternoon, everyone.

Similar wording

Can you hear me?

Similar wording

Yeah, I can.

Similar wording

Please state your name and spell for the stenographer.

Similar wording

Yes, my name is Eric Quick, E-R-I-C-Q-U-I-C-K.

Similar wording

Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do.

Similar wording

Please proceed, counsel.

Similar wording

Eric, you're with Harmon Deutsch & Oler, correct?

Similar wording

Correct. Yes.

Similar wording

And did you and you and H-D-O prepare the plans, the revised plans that are being presented to the board, the zoning drawings?

Similar wording

and they're being presented to the board

Similar wording

along with the rendering that I have up

Similar wording

and the floor plans and the color

Similar wording

and the other color elevations

Similar wording

that we showed to the board today?

Similar wording

Yes, that is correct.

Similar wording

Did you hear the statements

Similar wording

that I made to the board today?

Similar wording

I did.

Similar wording

And are they true and correct

Similar wording

to the best of your knowledge?

Similar wording

Yes.

Similar wording

And would you adopt them as your own?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

Questions from the board.

Similar wording

Yes, I have a question

Similar wording

about the proposed 44 foot building height.

Similar wording

is this to the top of the roof slab or is this to the top of the parapet or pilot house it's it's

Similar wording

the top of that since they're sloped roofs it's the high point of the slope roof and it's the same

Similar wording

height as was previously permitted and for which variances were granted we're not we're not modifying

Similar wording

the buildings structurally or in turn well in their massing in their height or area in any respect with

Similar wording

this so it's the same so what you're saying is what is currently proposed is what was previously

Similar wording