2010 Zoning Minutes
East Falls Community Council
Zoning and Land Use Committee
East Falls Community Council
Zoning and Land Use Committee
Minutes of December, 2010 Meeting
Committee Members Present:
Marjorie Greenfield, Tom Sauerman, Roger Marsh, Edward Swenson, George Grigonis, Drew Tepper, Jennifer Arnoldi, Joe Doherty, Marie Killian, Brian Shovlin, Lloyd Russow, Barnaby Wittels.
Absent: None
Notice Given: Notices were posted in the vicinities of applicants’ properties, and distributed to nearby households. Notice was published in the Fallser and in the EFCC Community Calendar email.
AGENDA
3240 W. School House Lane -Roxboro House.
Vacant dwelling to be reused by Philadelphia University for library, offices and support facilities. Removal of three-story rear structure, construction of small addition, accessible facilities. Variance or use permit required for these uses.
Presention: Dominque Hawkins (architect), William Martin (attorney) and Randell Gentzler (Philadelphia University) presented. This structure dates to 1801. Over the years, various additions and modifications have been made. Its most recent use was as a bed-and-breakfast, but it has stood vacant for a number of years. Philadelphia University proposes to rehabilitate the structure for use as the Arlen Spector Library. The addition on the rear will be within the required set-back. Seven parking spaces will be created.
Discussion: The discussion primarily concerned parking and impact on adjoining property on Netherfield Road.
Motion: To support Philadelphia University’s application, contingent on an agreement that the parking spaces [identified as 3, 4 and 5 on submitted plans] be screened from the adjoining property, with lighting for the spaces to be oriented to minimize visibility from adjoining property with no spillage. That the meeting be continued, and that modifications of this motion be approved by email vote of majority of committee members responding within 24 hours of notice of the modification. Approved (Lloyd Russow recused).
Addendum: After meeting with the homeowner and representatives of the Zoning Committee, Philadelphia University submitted a memo and drawings detailing plans for screening of the parking spaces, lighting, landscaping to discourage parking outside of designated spaces, and management of runoff. The memo accurately reflects the terms discussed with the homeowner and the University.
Motion (12/12/10): To accept the revised drawings and the memo as the basis of an agreement with PU regarding EFCC's support of the Roxboro House project. Approved by email ballot (Lloyd Russow recused).
3243 W. School House Lane-DEC (Design, Engineering, Commerce) Center.
New academic building in interior of Philadelphia University campus, on site of old student center. Building will contain classrooms, faculty offices, meeting rooms, lobby space. Accessory parking. Variance or permit required: use, signage, building height, impervious surface coverage.
Presention: Jeanette Blackburn (architect), William Martin (attorney) and Randell Gentzler (Philadelphia University), Timothy Boles (civil engineer) presented. The proposed building will be in the interior of the campus, with limited visibility from public roads. It will be 43,000 gross square feet, with a footprint of 11,000 square feet. The university plans to seek LEED certification. The building is intended to serve the present student and faculty population, not to result in increased enrollment. The building site is within the Wissahickon watershed. Mitigation will include catchment basins, green roof, and possibly other measures.
Discussion: Discussion included stormwater management and concerns about parking of construction workers. There was also discussion of the impact of the project on student housing; there was concern that development of on-campus housing might be limited by watershed requirements. In deliberations it was noted that the community lacks information about the university’s overall expansion plans.
Motion: To support the application, contingent upon a written agreement that: Parking related to the construction activity will be on campus at Ravenhill, and that transportation to worksite will be provided; that this condition shall be included in contracts with contractors. Approved (Lloyd Russow recused).
Motion: That the Zoning Committee will not consider any further Philadelphia University projects in the absence of a master plan. Approved (Lloyd Russow recused).
3549 Sunnyside Avenue.
Conversion of single family dwelling to three apartments and commercial space.
Presention: Michael Markovitz (attorney) and George Gregonis (owner) presented. The property has had a variety of multi-family and commercial/industrial uses in the past. The building had fallen into disrepair before being purchased by the applicant. The proposed apartments, all two-bedroom, would be 1165, 860 and 880 square feet; the commercial space would be 700 square feet.
Discussion: There were questions regarding the intended uses of the proposed commercial space. There were concerns that commercial use would create parking and traffic problems. There were concerns that the apartments would exacerbate parking problems and noise. The committee took note of eight letters and emails from the community.
Note: Because EFCC has a policy against conversions of single-family dwellings to multi-family use, EFCC membership must approve any exceptions. The following motions are recommendations to EFCC, to be considered at its next General Membership meeting.
Motion
As made 12/8/10: To recommend that EFCC support the application for commercial use, provided that the applicant agrees to a limited subset of C-1 uses with hours not to exceed 9:00 am to 7:00 pm; that the meeting be continued, and that the specific uses be approved by email vote of majority of committee members responding within 24 hours of notice of the of the specific uses. Approved (George Gregonis recused).
As amended 12/10/10: To recommend that EFCC support the application for commercial use, provided that the applicant agrees to a limit use to business or
professional office or agency, with hours not to exceed 9:00 am to 7:00 pm. Approved by email ballot (George Gregonis recused).
Note: The committee members subsequently reviewed a list of proposed C-1 uses, submitted by the applicant. However there was not time for a formal motion. The results of an informal poll of committee members was presented at the EFCC General Membership meeting of December 13. See the minutes of that meeting.
Motion: To recommend that EFCC support the application for three apartments, provided that the applicant agrees: to comply with all applicable Philadelphia ordinances, including those on educational housing and limiting occupancy to three unrelated persons per unit; and, to restore the garage to two-car capacity, the spaces to be used by tenants for parking. Approved (George Gregonis recused).
Other Business.
With the present meeting schedule, adequate notice cannot always be given in the Fallser; the meeting sometimes would fall on one of the first few days of the month, before delivery of the paper.
Motion: In accordance with the recommendation of the Executive Committee, to schedule the Zoning Committee meetings for the third Wednesday of the month, beginning in February. Approved.
Respectfully submitted,
Roger Marsh
East Falls Community Council
Zoning and Land Use Committee
November 3, 2010 Meeting
Minutes
Notice Given. Notice of the meeting was published in the Fallser, and
sent by email to Community Council members. Notices were posted in
the vicinity of 2967 W. School House Lane, as well as elsewhere
throughout the community.
Committee Members Present: Marjorie Greenfield, Tom Sauerman, Roger
Marsh, Lloyd Russow, Barnaby Whittels, Joe Doherty, Drew Tepper, Marie
Killian, Jennifer Arnoldi, Brian Shovlin.
Absent: Ted Swenson
Absent from Deliberations: George Grigonis,
1. ALDEN PARK - 2967 W. School House Lane
Issue: Owner seeks variance to use first floor space for business and
professional offices. No exterior changes
Discussion: Thomas Witt presented on behalf of applicants. Cambridge
Building, in Alden Park, faces on School House Lane. There are five
office spaces on the first floor that have long been used for business
and professional purposes, but have been vacant long enough that a
variance is required. No variance for exterior signage was requested.
Off-street parking is available.
Motion: To support the applicant's application for variance. Approved.
[NOTE: The motions for the remainder of the meeting addressed
possible recommendations to the Zoning Code Commission, which would
also be reported to the Crosstown Coalition.]
2. Draft Zoning Code-Commercial uses
The Zoning Committee considered making recommendations to the Zoning
Code Commission (ZCC) regarding the following provisions, as they
would apply to the East Falls Overlay, or Neighborhood Commercial
Areas in general:
a. Regulated Uses.
Issue: Certain uses are presently regulated, subject to special
rules. A number of these may be taken off the list of regulated uses:
amusement arcades, body art services, pool and billiard rooms and
sewage overflow tanks. In the proposed code, these uses (except
sewage overflow tanks) would be permitted by Special Exception.
(1) Should these uses be returned to the list of Regulated Uses?
(2) Should these uses, where presently prohibited in the East Falls
overlay, continue to be prohibited?
Discussion: One attendee commented that body art, arcades and
billiards halls have become more accepted over the past 20 years.
Sewage overflow tanks prevent discharge of contaminated rainwater into
rivers. Their location might be dictated by geography.
Motion: To recommend to the ZCC that amusement arcades, body art
services, pool and billiard rooms be allowed by Special Exception in
the East Falls Overlay and all CMX-2.5 districts. Approved.
b. Educational Facilities.
Issue: Schools are presently allowed in the East Falls Overlay
district. They would continue to be permitted here, and in other
Neighborhood Commercial Area districts (the new code permits both K-12
and colleges).
Discussion: There were comments in favor of colleges and
universities, as injecting vitality and drawing students and faculty
to the commercial district. Schools (K-12) were seen as not
contributing to the commercial district and causing traffic problems.
The East Falls Development Corporation (EFDC) was reported to oppose
K-12 schools.
Motion: To recommend that K-12 schools (as defined by
14.501(4)(d)(.1)) be prohibited in East Falls Overlay and all CMX-2.5
districts, but that institutions of higher learning (14.501(4)(d)(.2))
be permitted. Approved.
c. Moving-and-storage uses.
Issue: These would be permitted in Neighborhood Commercial Areas.
Discussion: There was no support for permitting such uses, and
general opposition.
Motion: To recommend that moving-and-storage uses be prohibited in
the East Falls Overlay and all CMX-2.5 districts. Approved.
d. Trash storage, venting.
Issue: The East Falls overlay has specific trash-storage
requirements, as well as venting requirements for restaurants. These
would be eliminated in the new code.
Discussion: There was no objection to restoring these requirements.
There was extensive discussion of a proposal that odor scrubbers be
required for restaurants. In East Falls, the proximity of residential
areas to restaurants, and the terrain, with uphill residences being at
the level of commercial-district roofs, may make cooking odors a
problem. An email from a nearby resident in support of scrubbers was
noted. There was discussion of the cost of the technology, as
possibly stifling business. There was discussion of providing for
case-by-case exceptions, but no general agreement.
Motions: To recommend that that the trash storage requirements in the
East Falls overlay (14.1616(9)(a)(.1)) be incorporated into the East
Falls overlay in the new code. Approved.
To recommend that the venting requirements in the present East
Falls overlay (14.1616(9)(b)(.1)) be incorporated into the East Falls
overlay in the new code. Approved.
e. Noise.
Issue: The draft code does not address amplified sound (loudspeakers
inside or out) emanating from businesses.
Discussion: Noise is regulated elsewhere in the Philadelphia Code. It
is difficult to regulate as a zoning and use matter. There was no
general agreement on the matter.
Motion: None.
f. Community Homes.
Issue: The draft code allows Community Homes for disabled individuals
in Neighborhood Commercial areas, regardless of the number of
residents.
Discussion: Group Community homes (more than eight residents, plus
staff) are allowed only by special exception in the residential areas
that adjoin many CMX-2.5 areas. There seems to be no compelling need
to place such homes in CMX-2.5 areas. EFDC was reported to support
use by Special Exception.
Motion: To recommend that Group Community Home use be only by Special
Exception in the East Falls Overlay and all CMX-2.5 districts.
Approved.
g. Live animals for human consumption.
Issue: Sale of live animals, fish and poultry for human consumption
are not regulated under the proposed Code. They are prohibited in the
East Falls overlay in the present code (14.1616(3)(m)).
Discussion. There was general support for prohibiting sale of live
animals and poultry, but permitting sale of live fish and seafood.
Motion: To recommend that sale of live animals and poultry for human
consumption be prohibited in the East Falls Overlay and all CMX-2.5
districts, but that sale of live fish and seafood be permitted.
Approved.
h. Farms and gardens.
Issue: Farms and community gardens would be permitted in CMX-2.5 districts.
Discussion: EFDC was reported to recommend that these uses be by
special exception. It was noted that community gardens can be untidy,
especially after the growing season. There were comments in support
of community gardens.
Motion: To prohibit farms and community gardens in the East Falls
Overlay and all CMX-2.5 districts. Approved.
i. Fences.
Issue: Fences up to 6 feet high would be permitted, apparently up to
the property line. They could be opaque.
Discussion. High fences at the property line are unsightly and
unfriendly. EFDC was reported to recommend that fences within some
setback (not specified) be limited to 4 feet in height.
Motion: To recommend that the East Falls overlay limit fences within
10 feet of the property line to 4 feet in height, and that such fences
not be chain link. Approved.
j.Single-room residences.
Issue: Would be permitted by special exception. These are residences
without private bathrooms, such as dormitories and rooming houses.
Discussion: This use, which is prohibited in many of the residential
areas adjoining CMX-2.5 districts, can detract from the neighborhood.
Motion: To recommend that Single Room Residences be prohibited in
CMX-2.5 districts. Approved.
k. Signage.
Issue: The present East Falls overlay contains signage restrictions
that are absent from the proposed code.
Discussion: There was general support for retaining the overlay's
signage restrictions.
Motion: To recommend that the East Falls signage restrictions in the
present code (14.1616(10)) be incorporated into the East Falls overlay
in the new code. Approved.
l. Height limit.
Issue: At present, C2 commercial buildings in the East Falls overlay
are limited to 35 feet in height; C2 buildings cannot exceed this
height unless there is a setback, and the overlay requires that
building be built to the property line. The new code would allow
buildings in CMX-2.5 districts to be as high as 55 feet (four story
maximum).
Discussion: EFDC supports the 55-foot limit. Others noted that this
is higher than allowed in CMX-2, a generally less restrictive
district, that higher buildings would shadow streets and residential
areas. There was substantial support for the 55' limit among those
attending the hearing, but there was not consensus on the matter.
Motion: To report to the ZCC that the committee does not oppose the
55-foot limit. Approved.
3. Draft Zoning Code-Residential Uses.
The Zoning Committee considered making recommendations to the Zoning
Code Commission (ZCC) regarding the following provisions as they
affect single-family residential areas (single homes, twins or
rowhouses):
a. Duplexes.
Issue: A duplex (two units in one building) would be allowed by
Special Exception in many twin and rowhouse sections of East Falls.
Community Council's present policy expressly opposes any conversions
of singles to duplexes.
Discussion: The most recent draft of the Use Tables no longer permits
this in any RSA (residential, single-family, attached) or RSD
(residential, single-family, detached) district in East Falls.
Motion: None.
b. Community Home, Family.
Issue: As many as eight disabled individuals, plus staff, could share
a home in any residential area. Community homes with more than eight
disabled individuals would be allowed by Special Exception in twin and
rowhouse districts.
Discussion: Community homes can pose serious traffic problems. Many
residents are transported by vans, which can obstruct the single
traffic lanes of many neighborhoods, especially if multiple vans are
waiting to make pick-ups or drop-offs. One attendee described the
traffic and parking problems associated with the Community Home in
which his daughter lives, because of the many staff. A Committee
member reported receiving complaints about the noise caused by staff
at shift change at a home in the community. It was noted that Federal
Fair Housing and Americans with Disability Acts require that disabled
individuals be allowed to live in the community. The community living
arrangements operated by United Cerebral Palsy in Philadelphia average
only three residents, plus staff.
Motions: To recommend that all Community Homes in RSD and RSA
districts be by Special Exception. Approved.
To recommend that Community Home, Family be defined as having no more
than three residents, plus staff. Approved.
c. Accessory Dwelling Units.
Issue: A small apartment would be allowed in any owner-occupied twin
or single (detached) house. It is not clear how many people could
occupy the main house and apartment.
Discussion: Some felt that the requirement that the owner live in the
house would limit problem tenants. An opposing view is that an owner,
by financial necessity, might accept as many tenants as possible. It
was noted that some houses are very large-one with seven bedrooms was
cited. There was no general agreement.
Motion: None.
d. Bed and Breakfast (B&B).
Issue: B&Bs, with up to eight rooms would be allowed in twin and
rowhouse neighborhoods (in detached [single house] RSD areas, a
special exception is required and only four rooms are permitted).
Parking need not be provided.
Discussion: It is not clear why RSD districts are regulated
differently from RSA; in some neighborhoods, there are large houses
with ample parking that would be well suited to a large B&B, while an
eight-room B&B in a rowhouse neighborhood would result in congestion.
There were diverse viewpoints, mostly related to the potential for
traffic and parking problems, which vary greatly from one neighborhood
to another. Some favored allowing B&Bs only by Special Exception in
both RSA and RSD districts.
Motion: To recommend that B&Bs with as many as four guest rooms be
permitted by right in RSA and RSD districts, provided there is one
off-street parking space per room; and that all other B&Bs (up to
eight rooms) be permitted only by Special Exception in RSA and RSD
neighborhoods. Approved.
4. Draft Zoning Code-Communication of recommendations.
Issue: The recommendations must be made in context, with a discussion
of relevant regulations and rationales for the recommendations.
Discussion: None.
Motion: To authorize Meg Greenfield and Roger Marsh to format the
recommendations with rationales and communicate them to ZCC; to
authorized Meg Greenfield to report them to the Crosstown Coalition.
Approved.
Respectfully Submitted,
Roger Marsh
____________________________
[NOTE: BECAUSE NOTICE WAS NOT GIVEN, NONE OF THE RECOMMENDATIONS FROM
THE OCT. 28 MEETING WERE GIVEN TO THE ZONING CODE COMMISSION. SEE
MINUTES OF THE NOV. 3, 2010 MEETING FOR FINAL RECOMMENDATIONS].
East Falls Community Council
Zoning and Land Use Committee
Minutes of October 28, 2010 Meeting
Committee Members Present:
Roger Marsh, Tom Sauerman, George Grigonis, Drew Tepper, Jennifer
Arnoldi, Marjorie Greenfield, Marie Killian, Barnaby Whittles, Brian
Shovlin
Notice Given: There being no public meeting, notice was given only to
committee members by email
AGENDA: Draft Zoning Code: Impact on East Falls
Update on Zoning Code Commission (ZCC):
Issues: Meg Greenfield reported on communications with Eva
Gladstein. A new zoning map, reflecting the changes in zoning district
designations, is supposed to be submitted to City Council at the same
time as the new zoning code. This would show the East Falls Overlay
District as CMX-2.5.
The 35-ft height limit for the East Falls overlay district is
supposed to be restored as are the current signage provisions.
The ZCC declined to address venting for restaurants in the East
Falls overlay or elsewhere. As a matter of policy, the Zoning
Committee has required scrubbers as a condition of support for
applications when odors would impact near residents.
Discussion: The rationale for maintaining the 35' limit was
discussed. There was concern that the new code and map might not be
approved at the same time, creating ambiguity, particularly as regards
CMX-2.5. There was discussion about the need for scrubbers,
considering the proximity of residences, and the cost of scrubbers as
a possible deterrent to development.
Motions:
To recommend to ZCC that language be included in the zoning code
and map bill to ensure that there is no ambiguity in the event that
only one bill passes. Approved.
To recommend to ZCC that the commission ensure that the 35'
height limit and the signage restrictions are restored to the East
Falls overlay. Approved.
To recommend to the ZCC, that odor scrubbers be required in the
East Falls overlay when nearby residences would be affected.
Approved.
Changes in commercial uses in draft zoning code.
Issues: Meg Greenfield pointed out a number of changes (as
described in Motions, below) that would allow certain uses by right
that were previously restricted or prohibited, and allowing certain
previously regulated uses by Special Exception. The deliberations
focused on CMX-2.5 (Neighborhood Commercial Area overlays such as the
East Falls overlay). She also raised the issue of schools in CMX-2.5
areas.
Discussion: There was discussion of the effect of schools in
CMX-2.5 districts. In some neighborhoods, charter schools are desired
by residents. Schools alter the fabric of the shopping area, and can
cause congestion. There was discussion of limiting K-12 schools as
opposed to all educational facilities.
Motions: To present to the Nov. 3 public meeting for
consideration the following:
To recommend that currently regulated uses be returned to
"regulated" status. Approved.
To exclude only K-12 schools from CMX-2.5 districts. Not approved.
To exclude all educational faciliites from CMX-2.5 districts. Approved.
To continue to prohibit all uses that are both currently
'regulated' and prohibited, in CMX-2.5 districts. Approved.
To prohibit moving-and-storage uses in CMX-2.5. Approved.
To restore the trash-storage requirements to the East Falls
overlay. Approved.
To prohibit amplified sound emanating from business in CMX-2.5. Approved.
Definition of Registered Community Organization.
Issue: Applicants are required to notify Registered Community
Organizations (RCOs) when requesting variances or special exceptions,
and the RCOs are responsible for arranging community meetings. Meg
Greenfield pointed out that there is no definition of community
organization. A clear definition is required to ensure that RCOs are
representative of communities.
Motion: To recommend to ZCC that Registered Community
Organizations be defined as follows:
A community organization is an organization which:
1. Is a not for profit corporation for the benefit of residents
within defined geographical boundaries; and
2. Is an organization participation in which is open to all residents
within said defined boundaries. Said organization may be a membership
organization1 .
3. In which each such duly qualified participant, or member, according
to the organization=s rules, is entitled to vote for officers, and for
directors, if there are any directors; and
4. In which each resident is entitled to attend Community Review
Meetings convened pursuant to section 14-203(1) of this Zoning Code
and to speak at said meetings about matters presented at the meetings.
1 It is the intent of the drafters to recognize resident based
community organizations but not to define their membership
requirements or operating procedures, if any, so long as they are open
to all residents within the geographical area and any additional
requirements, such as payment of nominal dues, are reasonable.
Changes in residential uses in draft zoning code.
Issues: Roger Marsh reported on changes that can affect density
and parking in residential neighborhoods. Bed and breakfasts (B&Bs)
would be permitted in owner-occupied RSA (Residential Single-family
Attached-twin and rowhouse) districts by right, with up to eight
rooms. They would be permitted in RSD (single-family detached)
districts by special exception, but only up to four rooms. In RSA
neighborhoods, such uses can cause noise and traffic problems. Some
RSA neighborhoods are better suited to large B&Bs.
Family Community Homes, with up to eight disabled residents, plus
staff, would be permitted by right in all residential neighborhoods.
Federal Fair Housing law requires that these individuals be allowed to
live in the community, but a house with eight residents can cause
traffic problems; many of the residents are transported daily by van,
and congestion will result if multiple vans are waiting to transfer
individuals in or out.
Accessory Dwelling Units ("mother-in-law apartments") would be
permitted in owner-occupied single and twin houses. It is not clear
how many individuals would be permitted to live on the property.
Overcrowding and a avoidance of rental regulations is a risk if one
family (including up to three unrelated individuals) can live in the
main unit and another family in the accessory dwelling unit.
Meg Greenfield noted that duplexes (two-family units) would be
allowed by special exception in certain RSA districts, including
rowhouse areas. The two units can be on separate floors or
side-by-side, essentially a twin on a single-house lot. As a matter of
policy, EFCC opposes conversions of single-family dwellings to
multi-family because of the increase in density, parking problems, and
a preference for the stability of owner occupied housing.
Discussion: It was noted that group homes must provide some
parking, but the spaces need not be used for resident pick-up, and are
likely to be used by staff. There was discussion of the problem of
defining permitted length of stay in B&Bs. There was discussion of
Assisted Living facilities, but no motion. There was discussion of
the appropriate rule for number of occupants in a property with an
accessory dwelling unit.
Motions: To present to the Nov. 3 public meeting for consideration the
following:
To recommend to the ZCC that duplexes be prohibited in RSA districts.
Approved.
To recommend that B&Bs only be allowed in any RSA or RSD district by
special exception, and that a maximum of eight rooms be permitted in
RSD districts. Approved.
To recommend that Family Community Homes be limited to four residents,
plus staff. Approved.
To recommend that properties with Accessory Dwelling Units be limited
to the number of occupants that would be permitted without such a
unit-no more than three unrelated individuals. Approved.
Respectfully submitted,
Roger Marsh
______________________________________________
East Falls Community Council
Zoning and Land Use Committee
Minutes of October 6, 2010
Committee Members
Present: Jen Arnoldi, Meg Greenfield, Drew Tepper, Brian Shovlin, Ted
Swenson, Lloyd Russow, George Grigonis, Joe Doherty
Excused: Barnaby Wittels, Roger Marsh, Tom Sauerman
Absent: Marie Killian
Notice Given: In the Fallser and by flyer to neighbors of 3500 Sunnyside Ave.
Agenda:
3500-3508 Sunnyside Ave. & 3501 Bowman Street.
Applicants and their architect presented their request for 2
additional residential units to the property. They sought
administrative review from ZBA to amend their zoning request with L&I
so they will not need a hearing before the ZBA.
The change from the earlier proposed use is to add two more units and
to add balconies across the rear of the building (for multiple units'
use). The third floor units will be reconfigured into bi-level units
with new balconies, and increase from 2 units prior proposal to 3
units current proposal. There will also be an additional 2-story unit
in the old boiler room building, located at the ground level at the
rear of the building. This 1100 sf building will be renovated with a
"cottage house" appearance, have 2 full length windows, 2 bedrooms, 2
baths, a courtyard, and picket fence. The total net addition of
bedrooms is 5.
The intended commercial spaces have all remained at this point. Owner
has leases with the existing dentist office, carpenter, and instrument
shop in the same spaces, and with Nanny Caddy in 2 proposed storefront
bays. 2 other commercial spaces have not yet been leased. Owner says
he has not yet tried to lease that space.
Applicants still have adequate parking for residential units. They
will remove 1 exterior parking space near the boiler building for the
courtyard, thereby giving them 2 remaining surface spaces for
commercial use.
Motion: To request of the applicants more on-site parking in the empty
lot on Bowman/Conrad. Opposed.
Motion: To support the additional 2 units and new balconies. Approved.
Discussion, not on the agenda:
Shan Chuan Chinese Restaurant. Previous request for take-out beer
license was continued at Philadelphia Malt Liquor Board hearing due to
some local opposition. EFCC Zoning Committee continues to be in
support of the take-out license and will send representation on the
new hearing date.
New deadline for recommendations to the Zoning Code Commission is
November 12th. Committee plans to reconvene prior to the November
Zoning meeting in order to discuss proposed changes.
______________________________________________
No September Meeting!
______________________________________________
No August Meeting!
______________________________________________
East Falls Community Council
Zoning and Land Use Committee
Minutes of July 22, 2010 Meeting
Special Meeting
Committee Members Present: Roger Marsh, Tom Sauerman, Drew Tepper,
Bill Epstein, Joe Doherty, Marjorie Greenfield, Sharon Jaffe.
Excused: Edward Swenson, Marie Killian.
Absent: George Grigonis, Jennifer Arnoldi.
Notice Given: This Special Meeting was called by Marjorie Greenfield,
Chair, at the request of Bill Epstein, Roger Marsh and Tom Sauerman.
There being no public meeting, notice was given only to members of the
committee by email.
AGENDA: Shan Chuan Restaurant, 4211 Ridge Avenue
Presenting: Bill Epstein made a motion to reconsider the motion of
July 7, 2010, "EFCC supports the proprietors' request to the LCB for a
take-out license." Mr. Epstein cited a concern that that motion had
gone beyond the notice given to the community.
Discussion: The Notice that had been distributed to the community
before the July 7 meeting was reviewed. There was discussion of the
role of the Committee in reviewing matters affecting the community.
It was noted that the agreement with Shan Chuan, dated June 30, 2006,
permitted alcoholic beverages to be consumed on premises, only by
customers buying food, either dining in or to take out. That
agreement would require revision.
Motion: East Falls Community Council supports Shan Chuan's
applications for permits to sell take-out beer, contingent on an
agreement to sell beer only to customers who buy food (eat-in or
take-out).
Approved, 7-0.
Respectfully submitted,
Roger Marsh
Minutes of July 7, 2010 Meeting
Committee Members Present:
Roger Marsh, Tom Sauerman, George Grigonis, Drew Tepper, Jennifer Arnoldi, Bill
Epstein, Joe Doherty, Marie Killian,
Excused: Marjorie Greenfield, Sharon Jaffe, Edward Swenson.
Notice Given: Notices were posted in the vicinity of 4211 Ridge, and distributed to
nearby households. Notice was published in the Fallser and in the EFCC Community
Calendar email.
AGENDA
Shan Chuan Restaurant, 4211 Ridge Avenue.
Proprietors wish to sell beer for take-out to customers buying meals (eat-in or take-out).
They had previously (6/30/2006) entered into an agreement with East Falls Community
Council (EFCC) to serve alcoholic beverages only to customers buying meals, either
dining in or taking out food. The agreement excluded take-out alcoholic beverages. No
application has been made yet to Pennsylvania Liquor Control Board (PLCB).
Presenting: Julie Camburn, President of East Falls Business Association, spoke on
behalf of the applicants. The restaurant has been in business for several years, is well-
regarded and reportedly has not been the subject of complaints. Proprietors wish only to
sell take-out beer to those buying food.
Discussion: One comment was received by email, in support of the application; no
emails or letters in opposition were received. Members of the community spoke in
support of the application to the PLCB. Several spoke in favor of supporting the
application without limiting sales to those buying meals. None opposed such a position.
Roger Marsh (acting chair) expressed the view that the committee ought not approve
more liberal terms than were stated in the notices. Kin Wang of Shan Chuan confirmed
by phone that they wish only to sell take-out beer to customers buying meals. None of
those present had questions for Mr. Wang.
Motion: EFCC supports the proprietors’ request to the LCB for a take-out license.
The motion was approved.
Respectfully submitted,
Roger Marsh
NOTE: See minutes of 7/22/10 for amendment of motion.
East Falls Community Council
Zoning and Land Use Committee
Minutes of May 5, 2010 Meeting
Committee Members.
Present: Marjorie Greenfield, Marie Killian, Roger Marsh, Tom Sauerman, Edward
Swenson, George Grigonis
Absent or Excused: Drew Tepper, Jennifer Arnoldi, Bill Epstein, Sharon Jaffe.
Notice Given: There being no public meeting, notice was given to Committee members
by email.
AGENDA
Note: As there was not a quorum, no votes were taken.
Prospective Candidates:
There is one vacancy. It is expected that there will be three additional vacancies. Two
candidates were interviewed. Both are members of EFCC and both acknowledge having
read the conflict-of-interest policy in the Zoning Committee Operating Procedures. Joe
Doherty has lived in Philadelphia for nine years, in the vicinity of East Falls for three or
four years and in East Falls for one year. He is a lawyer specializing in commercial
litigation. Brian Shovlin has lived in East Falls for seven years. He is a lawyer
specializing in real estate law. The Chair will review the candidates with the Executive
Committee.
Report on 3501 Sunnyside:
Meg Greenfield reported a successful resolution of the matter. Applicant agreed to limits
on use of the property. The Zoning Board of Adjustment approved the application,
making our agreement a proviso.
Additions to Applicant’s Questionnaire:
We will consider revising the applicant’s questionnaire to include questions on the
applicant’s prior experience, and other matters. George Gregonis and Tom Sauerman
will prepare a draft.
Checklist:
There is a need for a checklist to guide discussion at public meetings and during
deliberations. It would include HVAC, parking, hours of operation, and other items.
George Gregonis and Roger Marsh will prepare a draft.
Notice to Community:
Community members may not appreciate the significance of zoning changes. There was
discussion of language that might be incorporated into notices to the community, drawing
attention to the issue, with addition information to be on the EFCC web site.. There was
also discussion of possible articles in the Fallser on zoning matters.
Response to East Falls Development Corporation (EFDC):
In the recent Sunnyside zoning matter, EFDC submitted a letter of support, but did not
consult with EFCC in advance. Conrad Street was characterized as a commercial
corridor, even though the great majority of properties are zoned residential; even many
C-1 properties used exclusively for residential purposes. The letter supported C-2 uses
restricted only to the terms of the East Falls Special District Overlay. This is much
broader than the terms negotiated by the Zoning Committee. Meg Greenfield and Roger
Marsh will draft a response.
Operating Procedures:
The operating procedures specify that seven members be present for a quorum. There
was discussion of a proposal to reduce the number to six, but there was no consensus.
We will reconsider the matter if we continue to have difficulty raising a quorum.
Respectfully Submitted,
Roger R. Marsh