Zoning and Land Use Committee Report PDF Print E-mail
By The Fallser   
June 2012
The East Falls Community Council’s Zoning and Land Use Committee considered three matters in May. It approved two and rejected a third. Minutes of the meeting are posted at eastfallscommunity.org under zoning.

After consideration of the presentations and documents submitted and community comments, the Committee decided as follows:

4700R Wissahickon Avenue #101 (Material Culture)

Material Culture wants to install a small cafe in its store to provide food for customers. It will use non-disposable dishes and utensils. Food will be prepared off-site and reheated on the premises. The cafe will occupy less than 10% of the 35,000 square foot store. There will be no take-out and no alcohol.

The Committee voted to support the proposed use before the Zoning Board of Adjustment.

3328 W. Queen Lane

The owners of this single family dwelling need a rear yard setback variance to allow them to build a

larger kitchen. The existing kitchen, in a converted mudroom, is small and poorly insulated. The owners own the adjacent lot on Vaux Street that they use as their garden. The proposed kitchen would extend toward (but not onto) the adjacent lot, beyond the setback line of the Queen Lane lot. The proposed kitchen would be in the style of the main house. The two lots are covered by one deed. The committee confirmed that the lots are considered one property for real estate tax purposes. A community member spoke in support. There were no objections. The Committee decided to support this proposal before the Zoning Board of Adjustment.

3709 Midvale Avenue

This single family dwelling, zoned R10, is within the East Falls Overlay district. The applicant wants to legalize use of part of the first floor as an office, and approval to use the remainder of the three-story property as two “apartments.” Applicant's clients enter through a side door. The applicant proposes to continue to use the first floor front as office, with entry through the front door. There is no separate bathroom for the office and no plan to add one. The second floor back would be an apartment, with entry through the side door. The remainder of the house, including a portion of the first floor, would be another apartment. There is no plan to add a full kitchen to the second floor apartment. No drawings were presented. The applicant has no present plans to make changes to the building so that it would meet Code requirements for the proposed uses. Parking is available in the garage and driveway (parking in the driveway obstructs the garage entrance). There was no description of possible future office uses. As configured, legal occupancy is three unrelated individuals. The second-floor “apartment,” which lacks a stove, is not considered a separate dwelling. If two apartments were created by variance, then each unit could have up to three unrelated individuals, each with a car. There might also be cars associated with the office use.

The Committee opposed the application because of lack of plans, non-conformity with Code for apartment use, and the potential for adding to existing parking congestion. The Committee urged the applicant to withdraw the proposal out of concern that the applicant would be denied by the Zoning Board for lack of adequate plans and information, and because as presently configured, she could not show separate living spaces which would qualify as apartments. The application has been withdrawn.

Amendment of Operating Procedures - Posting of notices

In the past, the Committee required applicants to post notices on utility poles in the vicinity of the property. The Committee noted that such postings are illegal. The notices are often torn away by wind and rain. The Committee voted to amend its Operating Procedures to delete the requirement that notices be posted on utility poles. Applicants will be required to post larger, more durable notices at the property under consideration, in addition to distributing notices to potentially affected neighbors.

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