2005 Zoning Minutes

August 2005



Minutes of the EFCC Zoning Committee meeting, August 17, 2005

 

Tuttleman Auditorium, Philadelphia University

 

Present:  Sharon Jaffe, Linda Saltford, Dan McGettigan, Lloyd Russow, Arthur McDowell, Gina Snyder, Carolyn Sutton, Steve Buckley, James Deasey, Meg Greenfield

 

Absent:  Joe Malizia and Adam Carangi.

 

There were no current applications to discuss and the meeting was thus devoted to a discussion of the processes that had been used by the zoning committee and what processes should be used henceforth.  The majority of the discussion centered on the relationship of the zoning committee with the EFCC regarding recommendations, EFCC approval and the exception process for recommendations needing action before a timely meeting of the EFCC.

 

In the recent past, the process was that recommendations were made by the zoning committee after presentation, discussion and a vote of the committee. A letter reflecting the Committee’s decision would be sent to the Zoning Board of Adjustment a few days before the ZBA hearing on the matter. If a meeting of the general EFCC membership took place before the letter needed to be sent to the ZBA, as a practical matter, the committee decision could be overturned.  Otherwise, the decision was effectively, final unless the applicant specifically asked for a review at a general meeting.

 

According to the by-laws, when necessary, the zoning committee has the authority, to take action without waiting for a general membership meeting.

 

After discussion, a motion was made to change the procedure of the zoning committee as follows:

 

When the timing of a regular membership meeting schedule would necessitate invoking the authority of the zoning committee to act on behalf of the EFCC, the following rule would apply:

 

If  ¾’s of the voting Committee members present support a position, the authority to act will be invoked.  If less than ¾’s of the voting Committee members support a recommendation then the interested parties will be notified of the position but will also be informed than no action on the  recommendation will be taken until the next meeting of the EFCC.  In such a case, the applicant will be asked to seek a continuance from the ZBA, if necessary.  The Committee will also ask for a continuance.

 

The above motion was unanimously approved by the committee.

 

In other discussions the following topics were touched on without any action being taken.

 

1.         3 Year terms for members of the zoning committee with 1/3 (3) of the active members being replaced each year.

 

2.                  Penn Charter ZBA meeting reported on briefly.  Steve Buckley attended on behalf of the EFCC .  Gina Snyder and others attended on behalf of themselves and the near neighbors. The near neighbors presented their objections primarily based on the construction materials to be used.

 

3.                  Discussion of work assignments to the members of the committee.  It was noted that service on an EFCC committee requires a willingness to do more than appear at meetings.  It includes sharing the work load to make sure the committee performs effectively.  To that end,

 

Lloyd agreed to be recording secretary (prep and distribution of the minutes). Carolyn Sutton, Dan McGettigan & Arthur McDowell agreed to perform audits of applicant near neighbor distribution requirements.  Additional  assignments will follow at future meetings.

 

4.                  Committee members agreed to review and make comments on the draft guidelines for applicants and committee responsibilities.

 

5.                  Meg proposed that the committee seek another lawyer to be a member of the committee such that ZBA meetings receive adequate legal coverage which currently is a hardship since Meg is the only lawyer able to attend these meetings.

 

Help in identifying such a person was requested of the committee and other interested persons.

 

      Respectfully submitted,

      Arthur P. McDowell



June 2005


Minutes of the EFCC Zoning Committee meeting, June 15, 2005

 

Tuttleman Auditorium, Philadelphia University

 

  1. 1.3700 Ridge Avenue: The prospective buyer of this property decided not to purchase it.  Therefore, the matter is no longer under discussion by the Zoning Committee.

 

  1. 1.Presbyterian Church cell tower: The Zoning Committee is awaiting a letter from T-Mobile about its proposed cell tower in the Presbyterian Church.  After the Zoning Committee has edited the letter, it will be sent to the Zoning Board of Adjustment.

 

  1. 1.Penn Charter squash courts: The Zoning Committee approved the construction of the squash courts at Penn Charter.  Steve Buckley has agreed to take the position of the two sides in this matter (Penn Charter and the near neighbors) and merge them into one document of agreement.

 

  1. 1.3006 W. Coulter Street: The Zoning Board of Adjustment agreed to allow the petitioners to return with an attorney to make their case.  This meeting is scheduled for July 6, 2005.

 

  1. 1.3577 Indian Queen Lane: There is nothing new to report on this matter.

 

  1. 1.Temporary signage on Buckets and The Pour House: This issue was discussed with the owners of the two establishments.

 

  1. 1.3901 Ridge Avenue: The Zoning Committee approved the owner’s plan to convert this property into two apartments and two efficiencies.  The original request was for six apartments.

 

  1. 1.2-hour parking along Ridge Avenue: The EFDC and the EFBA are seeking a 2-hour parking limit along Ridge Avenue from the 4300 block through the 4500 block during the hours of 9 a.m. to 9 p.m., Monday through Saturday.  The Zoning Committee understood the need for short-term parking by the businesses along Ridge Avenue and approved this request.

 

      Respectfully submitted,

      Arthur P. McDowell



May 2005


EAST FALLS COMMUNITY COUNCIL ZONING AND LAND USE COMMITTEE MINUTES

May 2005

The chair reported on the issues from the prior meeting:

  1. 1.Wiehle Street issues will be discussed in a small meeting with the neighbors and the owners.

  2. 2.Building 28 - The Mills - An agreement re: take out has been negotiated.

  3. 3.3006 Coulter Street fence - the appeal has withdrawn. Enforcement required. (Subsequent events show this to be erroneous).

  4. 4.3800 Vaux Street - T-Mobile The neighbors and T-Mobile has come to agreement on the location and style of the shelter. Two variances are required: for the size of the foot print and for a second building on the site with a single family dwelling.

Penn Charter Squash Courts

Hal Davidow and Earl Ball presented changes to the prior plans. These included:

  1. 1.Moving the building to the Blythewood side of the site;

  2. 2.A stucco surface facade will show behind the tennis courts. The two old oaks will be taken down.

  3. 3.There will be shrubbery in front of the building on the Foxx Lane side and the Foxx Lane side will be bermed up. There is an emergency exit on that end of the building.

  4. 4.The corner of the building facing Foxx Lane will be stone.

  5. 5.Court on Foxx Lane side will be four feet into the ground cf. Item 3.

  6. 6.There will be a large blank wall facing the Blythewood Apts.

  7. 7.There will be shrubbery in a small plot in front of the building.

  8. 8.PC proposes planting in the Spring, a $10,000.00 budget, excluding labor. Landscaping will be discussed with Foxx Lane neighbors.

  9. 9.Building will be used on school days no later than 6:30 P.M. Normal use for squash subject to league requirements. The season is mid-November through mid-May. Use on Saturday till about 1:30 P.M.

  10. 10.Driveway will not be permit buses.

  11. 11.Parking lot will be closed by gates at 6:30 P.M.

  12. 12.Any night use will be inside without vehicle access to the driveway.

  13. 13.Rental is not contemplated.

  14. 14.Parking to be limited to that required by the City Code.

  15. 15.PC will investigate permeable paving.

  16. 16.Lighting will be minimal, directly on emergency exits as required by Code, directed away from the neighbors and as low as possible. Adam Carangi will provide proper description.

  17. 17.PC will maintain the carriage house.

  18. 18.The Community wanted a thirty year moratorium on building. The Board of Overseers said no but would probably agree to “no houses.” PC was willing to agree to go to the near neighbors at least 60-90 days ahead of seeking zoning approval in the future.

There was a Q about whether core sampling was done. It was. PC says there are no

environmental issues.

Rick Bazelon wanted to discuss a new facade arrangement-where the stone wall would go

and stated that PC should have come back with a plan.

The neighbors and PC differed on some terms but it was thought that an agreement could be reached.

Water management concerns were discussed. PC said it its plan would cover no more than 18% of the surface area.

New Business

It was reported that PU had purchased the Elliott property and 3339 School House Lane, 3427 Warden Drive and 4150 Henry Avenue.


April 2005

Minutes of EFCC Zoning Committee (EFCCZC) Meeting

13 April 2005; 7PM

Old Academy – Sherman Hall (Carfax Building)

 

 


1.      Wiehle Street Garages (3312 Wiehle Street). Owner of garage has agreed to lower entire fence to code (3.5’) and proposed leaving current type of fence (chain link with gate). EFCCZC requested that owner get bids and samples of alternatives and present these to the EFCCZC at a later date.

 

2.      Buckets restaurant (3749-51 Midvale Avenue) – Owner presented new design for sign. The new sign conforms to code with one exception – the sign would extend 24” at top of sign (an additional 12” from wall at maximum depth). Owner reported that she had secured variance from city and presented renderings of sign (prepared by Superior Projects, Inc. Tomlinson Road, Huntington Valley, PA). [Copy of rendering is attached.]

 

3.      The Mills (3510-3530 Scotts Lane, Building 28) -- Mark Sherman and Sarah Jacqmin presented plans to establish a farmer’s market on the mills property (currently zoned C-2). Primarily informational – planned space and parking locations included in renderings. Retail spaces divided into 53 12’x12’ areas that could be combined or subdivided as tenants might require.   Common eating area would contain as many as 150 seats with tables. [Copy of plans are attached.]

a.     Concerns were expressed about storm water management. Mr. Sherman described work that has already included new sewage/run-off, and new utility lines (utility poles will be removed and new lighting will be added shortly). Concern about traffic and sight lines (making ingress and egress dangerous) were raised. Mr. Sherman will request a stop sign for Scotts Lane. Requested variance for retail marketplace with multiple tenants was unanimously approved (8 for, none opposed).

 

4.      Falls Presbyterian Church (3800 Vaux Street) – Representative of T-Mobile presented revised plans for equipment. The ‘tower’ component would be completely contained within a new cross that would be ‘slightly larger but similar in design to existing cross.’ T-Mobile states that the tower will not be visible. The other equipment would be housed in new construction at the side of the church. T-Mobile proposes to build a brick shed with peaked roof to compliment the church in construction materials and design.

a.     Near neighbors also spoke to the EFCCZC. They commended T-Mobile’s willingness to work with the neighbors and the EFCC/EFCCZC to develop provide all requested information and to design an alternative to house the equipment needed that would be attractive and in keeping with residential construction.

b.     Because it is a building, rather than the pad with a surrounding fence, T-Mobile needs a variance to build the structure because it would sit on a parcel of land that includes a single-family dwelling.

c.     It was proposed that T-Mobile draft a variance application that would describe the plans shown at the meeting. The EFCCZC, pending a satisfactory proposal would endorse/provide conditional approval.

 

5.      Penn Charter Squash Courts (3300 School House Lane) – Proposal to install new construction to house squash courts on the Strawbridge Property (property on south side of School House Lane that contains four tennis courts and two playing fields). Three proposals were discussed. A ‘T-shape’ addition to the carriage house (approximately 150’x30’) on the south side of the carriage house; a modified ‘L-shape’ that would wrap around two sides of the carriage house (south and west sides) and a T-shape proposed at the meeting that would be placed along the west side of the carriage house. The last option will be investigated by the architect of the additions to determine if it’s feasible (may not fit between tennis courts). All would be even with the roof line of the carriage house.  Another option, putting the building along/near the property line on School House Lane was rejected by Penn Charter as too expensive.

a.     Near neighbors expressed a concern that the building – no windows, flat roof, rectangle/box, with stucco facing is not in keeping with the houses in the area and requested that some consideration be given to redesign that would include a roof line and facing materials that would be similar to that of neighboring houses. Penn Charter officials expressed concern over additional costs.

  1. b.    EFCCZC and near neighbors would like additional information on possible relocation (west side placement) of squash courts. There was no support for current plans.


February 2005


East Falls Community Council

Zoning Committee Meeting Minutes

February 9, 2005

7PM Tuttleman Auditorium – Philadelphia University

 

Old Business

 

3006 W. Coulter

·        The ZBA staff is following up on the status of this.  Steve had not heard back and did not have a chance to follow up this week. 

 

Penn Charter Pre-K

·        City Planning Commission confirmed R-2 requires a variance for a school.

 

Penn Charter Squash Courts (Strawbridge Property) 

·        Gina Snyder stated that PC has scheduled meeting a Cherry Street/Foxx Lane neighbors.

 

3577 Indian Queen Lane

·        Received a notice on Monday about a hearing today (February 9).  Attended and informed the judge that the Community intended to file Motion to Appeal.  Court dates were assigned.  We have thirty dates to enter our motion. 

·        Need someone to prepare the brief.  Meg has offered to file the Motion to Intervene.  Gina offered to prepare the brief.  Steve said that he would obtain the transcripts.

 

The Pour House

·        We received a notice from Mike Erdos, the DA that the LCB is granting a conditional license for The Pour House.  Sarah Piroli informed the attendees that the license was conditional with: the bar having to use an ID scanner, bouncers and bartenders taking the State’s RAMP course, and the operators developing a relationship with the local police district.

 

3901 Ridge

·        The hearing was rescheduled for Wednesday February 16th.   Steve said that he would be out of town. Meg stated that she would attend the hearing.

 

Falls Ridge Retail

·        Nothing new to report at this time.

 

Wiehle Garage

·        Dan McGettigan met with the Bateman’s.  They have proposed to follow through with several of the requested changes.  Steve asked Dan to speak with the Bateman’s about attending the March meeting to discuss their proposed actions.

 

Falls Presbyterian Church

·        Sharon Jaffe has spoken with Kathryn Rick-Miller of Falls Presbyterian.  T-Mobile provided all the requested follow up material from the November meeting.  It was delivered by Kathryn Rick-Miller to all of the neighbors in attendance.  It appears that all except the Petros are comfortable with the proposal.   Another meeting is being scheduled for February 28th.

 

Agenda Items

 

·        Request to Extend 2 Hour Parking along Ridge Avenue:  Gina Snyder presented on behalf of the EFDC and EFBA a request to extend two hour daytime (9AM to 9PM) parking restrictions to the 4300- 4500 blocks of Ridge Ave.  This request was being made in an effort to keep vehicles from long-term parking in spaces that are critical to the health of the business district.  Committee members that are associated with the EFDC and EFBA recused themselves from the discussion.  The remaining members were deadlocked on taking a position and decided to table the discussion until the March meeting.

 

·        3720-24 Midvale:  Sarah Piroli presented on behalf of Sherman properties.  Sarah stated that the deck was constructed about a year and a half ago and was put in place primarily to make the “yard” behind these properties a usable space.  Steve asked whether there have been any complaints.  Sarah said that there have not been any to date.  The variances they are requesting pertain to the placement of a second story deck and the height of the railing around the deck.  The Committee decided that since this deck is only really visible to three properties on Indian Queen Lane, if Sherman properties obtained letters of support from the three properties, the Committee would support the request.

 

Other

 

Mifflin School

·        Steve received a note on February 8th (the day before this meeting) from PSIT (Philadelphia School Improvement Team) requesting a letter of support for variances for the Mifflin gymnasium project.  Steve informed them that there was not enough notice to place them on the agenda.  Joe Donnelly asked if the Committee could send in a letter of support, but make it conditional on later approval of the Committee.   At the Committee meeting after the public portion, those in attendance stated that they were not comfortable with such a letter.  Since PSITs had been notified of the existence of the Committee on numerous occasions, the Committee felt that we should not be accommodating any special requests and that PSITs should simply present on March 9th.

 

 

Adjourned



January 2005


East Falls Community Council

Zoning Committee Meeting Minutes

January 12, 2005

7PM Gibbs Hall – Philadelphia University

 

Old Business

 

·        Penn Charter Pre-K: determining feasibility of Oak Rd (next to Timmins House) site; may need zoning as access is bus road only

 

·        Penn Charter Squash courts: neighbors objecting/serious reservations on different use

 

·        3577 Indian Queen Ln. owners have appealed denial; appeal based on previous testimony; not moving until Zoning Committee is served w/appeal

 

·        The Pour House: LCB issue – transfer of license; LCB was willing to transfer license if owners/operators agreed with community agreement; Sherman Properties not willing; more info to follow from DA’s office

 

·        3901 Ridge: Zoning Committee opposed to 6 units. At Zoning Board of Adjustments (ZBA) hearing, ZBA ordered “immediate enforcement”; further hearing re # of units; Zoning Committee will defer to ZBA on exterior improvements

 

·        Weihle St. Garages: recent accident in family; Dan to contact Bateman’s to help resolve concerns – ask them to return w/plans before making changes

 

·        Metro Commercial/Falls Ridge: List of potential types of businesses: sandwich shop, exercise facility (withdrawn); medical offices; pharmacy. Committee members object to administrative ofc. -- not “active” retail. Metro invited to Rivage mtg on Jan. 19th to see what is proposed for that site as it will directly impact Falls Ridge

 

Agenda Items

 

·        East Falls Farmers Market Committee: Zoning ordinance requested to amend EF Zoning Overlay (see attached handout) Presented 7 possible locations. Will present at Jan. 24th EFCC mtg. Suggested to not present possible locations, simply seek approval to proceed w/ordinance. Concerns: how to block parking area; visibility of each site. Recommendation: add “sunset clause”.

 

·        3492 Tilden St. (Brothers Deli): Request for legalization of existing awning/signage (former owner did not have proper permit). Committee determined that awning/signage was in scale with building, was appropriate and not infringing on pedestrian access. Approved.

 

·        3720-24 Midvale: Asking for continuance and owner to make presentation at February meeting.

 

Other

·        Committee member reported possible illegal blinking neon sign on 3727 Midvale Ave. Steve to check city regulations and contact owner.

 

·        EF Beverage sold recently, but committee not notified re liquor license. Zoning Committee needs to be more vigilant about any posted notices.

 

Adjourned

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