2004 Zoning Minutes
December 2004
East Falls Community Council
Zoning Committee Meeting Minutes
December 8, 2004
7PM Carfax Building
Old Business
· 3577 Indian Queen Lane: Steve has received notice that the ZBA has denied a variance for the proposed conversion of a single family home to a triplex at 3577 Indian Queen Lane. No additional information was provided. Currently with the court of appeals. The EFCC zoning committee will seek a lawyer.
· 3006 W. Coulter: At last meeting Steve presented the Morewood’s proposal for modifying the fence along Stokely Ave to the Committee. The proposal did not address the Committee’s greatest concerns – opacity and height. The Committee rejected the proposal. The Morewoods informed Steve that they were not willing to reduce the height of the fence or use any type of fencing that would permit people to see into the yard. It appears that we are at an impasse. Steve is in the process of finalizing a letter to the ZBA stating that the parties are unable to come to any agreement. The letter also included a copy of the Morewood’s response to the Committee’s concerns. We expect to hear back from the ZBA. EFCC will seek a meeting Councilman Nutter to clarify EFCC zoning concerns.
· Penn Charter Pre-K: Penn Charter held a charrette with neighbors in September to discuss alternative locations for their proposed pre-K. Penn Charter has agreed to investigate several alternatives and bring their findings back to the community. Hal Davidow is going to be discussing where things stand. In addition, Hal Davidow would also like to discuss the potential use of the Strawbridge portion of the PC property as a potential site for an athletic facility. Coulter property is still listed as an alternative site.
· Penn Charter Squash Courts: no action.
· The Pour House (4214 Ridge Ave., formerly the Gun Boat): Steve provided an agreement to Mark Sherman that would likely have permitted the transfer of a liquor license from the previous owners of the Gunboat to Mark Sherman, but they have not yet signed it. Sarah Jacqmin informed Steve that the agreement was being held up due to continued negotiations between Sherman and his operators. Steve will continue to track. EFCC zoning committee had been working with Mark Sherman, the current property owner to secure a conditional LCB license (conditions to address nuisance issues raised by neighbors when the property was under Gun Boat management).
· 3507 Midvale: Construction at 3507 Midvale was inspected and found to be in compliance with their building permit.
· Falls Presbyterian Church: EFCC representatives attended an 11/17/04 meeting at the church between Church leaders, T-Mobile and near neighbors to answer questions and concerns regarding the installation of antennae on the steeple of the Church. –Mobile rep is providing additional information to the near neighbors. If issues are resolved or if they are outstanding, we will likely ask the T-Mobile rep to present final plans to the committee.
· 3421 West Queen Lane: Received L&I citation for illegal construction (possible conversion to rental units).
· Henry Avenue Bridge: Steve and Sharon are having conversations with Philadelphia University on how we can have traffic calming and pedestrian friendly elements designed into the Henry Avenue (over Lincoln Drive) bridge reconstruction. Steve is to meet with PU this month.
· Renter Issues: Steve met with Dan and Mike in November. An article will appear in the upcoming Fallser which will include instructions for filing complaints against conversions of single family dwellings to multiple tenants (illegal without proper zoning approval/variances).
Agenda Items
· East Falls Farmers’ Market: (presentation/update by Gina Snyder: Farm-to-City of Lancaster, PA was successful and would like to reopen in East Falls in 2005. Problem is that the Masonic Hall is for sale, is likely to sell between now and end of summer, 2005 and new owner may not appreciate the farmer’s market using their property.
Request is made to suspend/amend sidewalk restriction that does not permit retail sales/vending on area sidewalks (truck would be parked in parking area, tent on sidewalk. Some alternatives previously investigated or suggested after presentation: Verge parking lot; PHA/Falls Ridge, and Rivage. Concern regarding Verge is 3-7PM hours of market operation would interfere with customer parking. Concern for Rivage is cost of insurance (approximately $12,000).
Regardless of location, suspension of sidewalk restriction is being sought for farmers market only – similar to Rittenhouse Square model. No consensus reached whether to suspend sidewalk restrictions, but general support for further investigation. Motion made and approved to draft an ordinance to suspend sidewalk vending restriction. Motion seconded and approved. Draft is to be returned to open zoning meeting for additional community discussion.
· 4161 Ridge Avenue: The applicant seeking to open a day care center.
Applicant decided not to pursue idea and withdrew application for hearing.
· 3492 Tilden Street: (corner of Tilden and Conrad), Old Style Deli is seeking a variance for the erection of an awning that would extend 3’ at a height of no less than 8’. Code requires a height of 10’1” minimum. Applicant did not appear. EFCC Zoning Committee will request continuance if pursued with ZBA.
· 3312 Weihle Street (Weihle Garage): Adam Carangi wrote a letter (with copies of complaint issues and the original agreement) to Anne and Tom Bateman of 3656 Haywood Street, identifying multiple issues that multiple neighbors have with the garages that are located along Wiehle Street. The Bateman’s had signed an agreement several years ago that stated that they would be doing several things including landscaping, removing the fence, not permitting things to be stored outside the property, etc. This agreement was included as a proviso and a condition for the granting of the permit/variance. Steve spoke with Tom and asked him to contact him after reading the letter and the agreement. Steve also received a notice from Commerce Bank (I’m presuming the lender for this property), that the property is in violation of zoning. They have indicated that they will be following up as well.
The Bateman’s made a presentation. They explained that yard equipment was stored on the adjacent property; that the moving van stored at the garage property was removed and that the bobcat is temporarily stored until ground moving and cleanup could be completed (expected completion date in March, 2005).
The fence remains and was extended to combat security problems of graffiti, drug sales on property, and to prevent parking on the garage property by general public/non-renters. The fence also surrounds adjacent property (also owned by the Bateman’s) which is not part of this complaint and not included in the original agreement.
Complaints from EFCC zoning included the storage of construction vehicles on the property and the existence of a fence surrounding property. Since the site has been occupied for at least one year, it was considered complete and the construction vehicles and fence were to be removed. Failing removal of fence, the Bateman’s had agreed to return to the EFCC zoning committee to discuss possibility of retaining a fence for security purposes. They did not. The fence also exceeds the height limit. Additional complaints include the unattractive nature of the fence (not in keeping with the residential character of the street and that one or more tenants are working on their vehicles on the property (disallowed use).
The Bateman’s agreed to advise tenants that they must discontinue working on vehicles and that they will shorten the fence as per code. The Bateman’s agreed to come back to EFCC to continue discussion about the fence. One suggestion was to replace the cyclone fence with a red vinyl fence.
· 3901 Ridge: Some background information:
Dietrich Rose attended the September and October Zoning Committee meetings to request a variance to permit the use of a zoned single-family property as six apartments. The Committee did not feel that Mr. Rose provided sufficient information to prove that the property has been continuously used as a six unit property for the time frame he claims.
The Committee submitted a letter opposing the legalization of the property on several grounds, including the position that six units overcrowded the property, presented safety issues and the property was in a state of disrepair.
At the ZBA hearing, Chairman Auspitz stated that he expected Mr. Rose to make significant improvements to the exterior of the building and asked to see architectural drawings for the interior and photographs of the entire property. Mr. Rose presented the drawings he intends to submit to the ZBA.
Mr. Rose submitted the architectural plans showing the six units. With a total of approximately 4,000 sq. ft., smallest units are approximately 500-600 sq. ft. Mr. Rose also submitted pictures of 6 electric and 6 gas meters. Mr. Rose purchased the house in 1985. It was not zoned for six units. Mr. Rose was unable to state whether the property was listed as zoned for multiple unite when it was purchased. Mr. Rose is making repairs and changes to the façade to address concerns raised earlier. Ridge Allegheny Hunting Park Civic Association Ward Leader spoke in support of the proposed variance request. ZBA hearing is scheduled for December 27.
· Parking along East Park Drive: Gina Snyder of the EFDC presented a conceptual plan proposed by the Streets Department to add parking on the southeast side of East Park Drive, between South Ferry Road and Midvale Ave. The proposal would add approximately fifteen parking spaces and would be done in a way so as not to impact the existing trees. There was overwhelming opposition by the attendees to the proposal. The Committee voted to request that the EFDC discourage the Streets Department from pursuing this proposal.
October 2004
Minutes of the East Falls Community Council
Zoning Committee
October 20, 2004
Carfax Building at the Old Academy
3540-3544 Indian Queen Lane
Committee Members Present: Steve Buckley, Carolyn Sutton, Meg Greenfield, Adam Carangi, Dan McGettigan, Joe Malizia, and Julie Camburn. Approximately 15 additional area residents were in attendance.
General Meeting:
1. Updates:
Pour House: - The Committee submitted a contract to Mark Sherman for their review and acceptance. Apparently there are currently issues between the owner and tenant that were unrelated. Not sure of current status of liquor license.
Illegal fences – There have been other complaints lodged against illegal fences within the community. The committee decided last month that this was not a priority item for the committee. We are not taking enforcement action.
Penn Charter - The Penn Charter charrette was attended by only several neighbors – but time was selected so that attendees could see the school in session. Varying opinions as to whether it was helpful and whether there was an opportunity to respond to community concerns.
2. 3901 Ridge Avenue. The owner, Dietrich Rose presented photos of gas meters – he thinks they have been there for about 30 years. He needs to evict a bad tenant and needs a license to rent. There are six meters for six units. Has a letter from former owner that property was purchased as multifamily.
3. Falls Ridge – 4300 Block of Ridge Avenue. Mike Murray, from Metro Commercial, the retail broker gave an update on interested tenants. Lots of interests – his materials have been sent out to national tenants. Sq.Ft. cost - $18 with willingness to negotiate. Triple net, vanilla box. There are some concerns about how deliveries will occur for the tenants. There is 12,5000 sq.ft.; will probably have 7-8 retailers. Most banks want drive through and are not interested. Types of interested business: sandwich shop, fitness center, dry cleaner. Suggestions from community: TLA video, work with a university business program for innovative ideas.
Issue was raised on the role of the committee. Pennrose, the owner, is trying to work with the community on tenants and will follow the overlay. Gina will make sure they have the streetscape guidelines.
Committee Session:
1. 3901 Ridge: Ross Mitchell from Laurel Hill Cemetery came to support single family house or at least an improved façade. It was noted that the building used to house a tap room on the corner. Also noted that the owner could not prove continuous occupancy by tenants.
Action: Letter to ZBA objecting to six units. We will ask owner if he can do fewer units. Concerns should be raised about tenant safety/emergency egress. Also façade should be repaired because of proximity to historic site.
2. Fences: discussion. Enforcement is not the priority of this committee.
3. Enforcement of priority items – student housing and illegal conversions. There has been a complaint about a property where a conversion variance was denied but now 4 people appear to be living there. Problems with condition of property and neighbor has made numerous complaints to L and I. Dan will follow up.
Calumet Street – a number of rentals without licenses. We need to follow up now that the students are back. Dan to follow up with Councilman Nutter’s office.
4. Question raised about 3507 Midvale – formerly the West Coast Video. Will check to see if construction is proper.
5. Concerns raised about trash dumpsters at Falls Ridge. Gina will follow up.
6. New Committee Members: Lloyd Russow was invited and accepted an invitation to join the committee member.
September 2004
Minutes of the East Falls Community Council
Zoning Committee
September 8, 2004
Carfax Building at the Old Academy
3540-3544 Indian Queen Lane
Committee Members Present: Steve Buckley, Carolyn Sutton, Meg Greenfield, Adam Carangi, Dan McGettigan, Joe Malizia, and Julie Camburn. Approximately 25 additional area residents were in attendance.
General Meeting:
1. 3417 W. Queen Lane. The owner, Mike Boles presented revised plans. According to his new plans and calculations, he says that no variance is needed.
2. 3006 W. Coulter Street. The owner, Dr. Morewood, presented plans for a fence that he had built. He is seeking a variance because the fence was built not in conformance with zoning. The fence is 150 feet long along Stokely Street. His fence is 6 ft.tall and code limits height to 3.5 ft. He is seeking a variance because of bus traffic, safety, and security. Area neighbors spoke both in support and opposition of the plan. The Morewoods were praised by making \improvements to their property and surrounding sidewalks. Concerns were raised about appearance of the fence and precedent setting. Safety issues were raised from all sides.
3. Announcements:
3577 Indian Queen Lane. Steve attended the ZBA hearing. The ZBA requested drawings from the applicants, the Gallaghers.
Penn Charter: Hal Davidow from Penn Charter announced that they will be holding a charrette with area neighbors and members of the committee to discuss potential locations for the pre-kindergarten.
Meeting of the Committee:
1. 3417 W. Queen. Committee’s decision: if applicant is within code, the Committee has no objection to the project. The Committee makes no representation about the accuracy of the measurements or calculations.
2. 3006 Coulter Street. The Committee wants to work with the owner. The Committee wants to see drawings showing alternate possibilities for the fence, particularly with respect to height and opacity. Strong sentiment against the 6 foot solid fence. Applicant will be informed that things that reflect the code will be looked on more favorably by the Committee.
3. Discussion about Enforcement:
The committee had a lengthy discussion about enforcement activities. The Committee will not actively seek out fences that are in violation of the code. Priority is being given to enforcing the student housing regulation as well as illegal conversion of single family homes to multi-family. Attention will be paid to any property where the ZBA has denied a conversion as well as properties where neighbors have made complaints. This will be presented to the General Membership at the next meeting of the EFCC.
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4. 3577 Indian Queen Lane. Because the ZBA did not make a decision at the hearing and requested drawings, Steve will send a letter to the ZBA reiterating opposition to the project, regardless of the appearance of the building. He will note that the applicants represented that zoning variance had been applied for previously and was denied yet the previous owners rented in violation of the code.
July 2004
Meeting Minutes for July Zoning Meeting (Draft)
EFCC Zoning Committee
Meeting Minutes from July 2004 Meeting
Wednesday, July 14, 2004, 7:30 p.m.
Old Academy-Sherman Hall (Carfax Bldg.)
3540-3544 Indian Queen Lane
General Issues
· Future Zoning Committee meetings will be held
at 7:00 p.m. instead of at 7:30 p.m.
· Henry Avenue Bridge meeting will be held on
July 28th at Philadelphia University at 7:00 p.m. at
the Tuttleman Center. Presentation by PennDOT of
upcoming repair of bridge. Community support for more
pedestrian friendly lighting.
· Because of the number of zoning issues that
involve renting, there is a possibility of creating a
sub committee to deal with issues of renters,
landlords and student in East Falls.
Agenda Items
1. 3418 Midvale Avenue: (Owner unable to be present at
meeting.) Permit is being sought to erect steps to a
preexisting deck over garage roof, as part of a
single-family dwelling. Near neighbors seem to be in
support and even think it will be a visual
improvement.
· Question was asked, "Does it satisfy the 20%
land use question?" Yes. It is located between the
house and the garage.
· Objection raised to the practice of
looking for zoning approval after construction,
instead of prior to construction.
· This issue will be tabled until the next
meeting.
2. 3577 Indian Queen Lane: The current residents and
owners, Michael and Sharon Gallagher, have applied for
zoning to have their single-family unit zoned a
triplex. They have been denied verbally and have
petitioned for a hearing.
Prior history of the dwelling indicates that it has
been used as a single-family home, a duplex and a
triplex. At the time of the purchase by the
Gallaghers, they were under the impression it was a
triplex. There is a trail of possible grandfathered
triplex use that needs to be researched and
substantiated by the Gallaghers to establish its true
history for possible future L&I approval. If that is
possible, the Gallaghers hope to receive approval from
EF Zoning committee as well.
3. 4249 Ridge Avenue: Slice's pizza, formerly Honest
Abe's) New owners, Jimmy Joyce and Jim Williamson
 Plan is to present a very clean, bright
upscale pizza establishment. They have painted the
façade of the building, power washed the sidewalk and
weeded the curb. They have purchased the business with
the hope of purchasing the building (which Abe still
owns) in five years. Slices has renovated the
downstairs. Abe has developed two very nice modern
apartments on the upper floors.
· Intend to replace the dumpster with large
movable cans.
· Exhaust system on side of bldg. will extend
up the side of the building to the roof, meeting code.
The improvement cost them $10,000.
· Parking issues in front of bldg. Paid the
City for two spots in front of the building for
pick-ups and deliveries (one vehicle at for mid-day,
one vehicle for the evening/nights) and for pick ups
· Dining inside.
· Decor has local East Falls framed photos for
sale.
· Removed neon box signs to conform to overlay
plan.
· Hope to get approval for sidewalk seating for
two tables outside on either side of front door. Would
like to have that on the zoning agenda for next month.
Hope for grand opening in September. Presently is
having a quiet (soft) opening.
4. 4211 Ridge Avenue: (Presentation by Gina Snyder, EFDC exec. dir.,
because the owners were unable to attend this meeting.
They were at the former zoning meeting and were not
able to present because of the extreme length of that
meeting.)
Shan Chuan (means East Falls in Mandarin) is a new
Chinese/Japanese restaurant opening soon. It will be
open for lunch and dinner with a Chinese menu and a
Japanese sushi bar. Again, a soft opening.
· Do not have a liquor license but would like
one. Presently BYOB.
· Mr. Hassan, owner of the Sunoco Station, is
the landlord of the building.
· question was raised- if Mr. Hassan had been
apprised of all the required regulations.
· Is the Sunoco parking lot part of the parking
arrangement for restaurant? Gina Snyder will pursue
that question with Mr. Hassan.
· Question regarding why the
owners of the business were not present was answered
above. Also asked about the signage and awning and
was told they are in agreement with the overlay plan.
The awning will cover the metal grating, which is
pushed up in an opened position. The grating will not
be used, in accordance with the overlay plan. The
owners had also removed neon box signs in windows to
conform to the overlay plan.
5. Updates on existing Zoning Committee issues:
Penn Charter Squash Courts and the proposed Pre-K
bldg.
The EFCC President, Sharon Jaffe, presided over a discussion related to Penn
Charter. The Zoning Committee Chair, Stephen Buckley, recused himself
because of his near neighbor status.
· Question: Should they be linked or separated
as issues?
· Penn Charter could not be present because of
a school wide staff and faculty meeting.
· However, they were not formally invited
either. The main purpose of this meeting was to have
the near neighbors to Penn Charter voice their
opinions of the issue
· The squash courts seemed to have little if
any opposition.
· Several letters were read aloud by EFCC President
regarding the Pre-K, both pro and con.
After lengthy discussions, statements and many
questions and answers, EFCC President summed up the
discussion by saying the preponderance of the opinions
she heard tonight seemed to express the following:
· A desire to express that they that were not
against the idea of Penn Charter having a Pre-K.
· That the desire of the neighbors is to
maintain the residential character of the
neighborhood.
· There is an overall mistrust of institutions,
i.e. Penn Charter, within the community.
· East Falls has many institutions in our
community and an overall plan to deal with them is
required.
Zoning Committee Actions -
· 3418 Midvale Avenue, issue tabled until next
meeting when owner can be present
· 3577 Indian Queen Lane - Zoning chair will
write a letter to the Gallaghers relating the decision
and suggesting they hire a zoning attorney to help
them through the process and explain what options are
available. EFCC standing policy on single family to
multi family conversions prohibits EFCC Zoning
committee from supporting the request. Owners may
have evidence, which would allow L&I to grandfather
the situation over EFCC objections. Given that the
building has withstood a fire it is an opportunity to
convert the multi family dwelling back to a single
family home which given the current real estate market
would be in great demand.
· 4249 Ridge Avenue: Slice's Pizza - Zoning
committee will add sidewalk seating for this business
to next months zoning committee agenda. Gina, EFDC exec. dir., will
talk with Jim Williamson and Jim Joyce to help them
prepare the required materials.
· Penn Charter - Zoning Committee is not
required to oppose a zoning variance at this time as
yet no application for zoning has been filed. Zoning
chair will draft a letter that will circulate to
committee members for comments and signed by the EFCC
President as the Zoning Chair recuses himself. The
letter will state support for the commonly held near
neighbor positions -
1. A desire to express that the near neighbors are not
against the idea of Penn Charter having a Pre-K.
2. The near neighbors desire to maintain the
residential use of the property
3. There is a general mistrust of Penn Charter
resulting from previously negotiated agreements that
were not satisfied.
This letter will leave the door open for Penn Charter
to respond with options but states the current
position.
Penn Charter Squash Courts and the proposed Pre-K
bldg. Question: Should they be linked or separated
as issues? Majority of the zoning committee indicated
a desire to link the two as a stronger negotiating
strategy although some caution was expressed as to the
perception of the ZBA. It would not be helpful for
the EFCC Zoning Committee to get a reputation of being
obstructionist. The majority of the committee thought
that the two issues could be linked with out creating
an issue with the ZBA, since the location of the
courts might be a potential site for the pre-K.
· It was proposed that the Zoning committee
create a policy towards institutional expansion to
protect the interests of the community.
· It was proposed that the zoning committee
hold a separate meeting in addition to the regular
monthly meeting to address the issues of community
enforcement of zoning committee decisions, L&I code
issues, zba rulings and rental housing issues. It is
acknowledged that this type of effort requires
considerable energy and should not be another
responsibility added to the zoning chair alone
requires discussion.