Germantown Avenue as depicted by Paul Rickert
Courtesy of The Hahn Gallery
This is part of our continuing coverage of the
Germantown Avenue zoning debate.
Please click here to page back in time.
Representatives of the Chestnut Hill Community and Business Associations and the
Chestnut Hill Historical Society are finalizing the wording of a compromise agreement on
regulations to be contained in the ordinance (Bill 1190) creating Special District Status for
Germantown Ave. from Chestnut Hill Ave. to Cresheim Valley Drive.
The changes which, among other stipulations, clarify the issue of grandfathering, resulted
from a meeting on Monday, attended by Anne McNally and Susan Doran, Elizabeth
Masters and Andrew Ross, Shirley Hanson and
Peter Lapham representing the CHBA, CHCA and CHHS, respectively, and Patricia
Pregmon, an attorney with Duane, Morris & Heckscher, who offered advice on zoning
law.
The special meeting was called at the request of Anne McNally, CHBA president, who had reported to the CHCA executive committee, that there had been a request for a three month delay in having Bill 1190 voted on by City Council.
Hank O'Donnell, who was a member of the Design Ordinance Committee which initiated the effort to have some form of control over development On Germantown Ave., had written to McNally, stating that he endorsed proposed amendments which, among other provisions, would have given bonuses in terms of permitted commercial square footage for residential development on the second floor of commercial buildings.
"We should not be slaves to a legislative schedule," O'Donnell said, referring to the effort to have Bill 1190 passed before the end of City Council's 1995 session. He suggested a subcommittee of representatives from the historical society, business association and community association, which could reach a compromise so that there would be "a unified voice" at City Council. He suggested the 90 day extension with a new ordinance to be submitted in 1996.
CHCA president Valerie Wunder explained that City Planning Commission did not endorse the proposed amendments (with the residential bonus) and that the commission believed it would be almost impossible to monitor and enforce such regulations.
"Rich Lombardo (chief project planner for City Planning Commission), said that the amended version does not have as much teeth as the original proposal," Wunder told executive committee members.
Carol Cope, CHCA operational division vice president, commented that the ordinance was "six years in the making" and that it was time to move to pass Bill 1190. The CHCA executive committee, at a special meeting had endorsed two changes to the original bill: one referred to grandfathered properties and the other to loss through fire or Act of God. "What we are trying to do is clarify the issue of grandfathering, "Andrew Ross told the Local, in an interview at press time. The compromise retains the 4,000 square foot limitation on leasable commercial space for new construction, Ross said. "However it refers to net not gross commercial space. Also, accessory basement storage space is not included in the 4,000 square feet."
Ross said that uses that now encompass more than 4,000 square feet can continue. Also, use that is less than 4,000 square feet or that is residential, can now be converted to commercial use up to 4,000 square feet, he said.
The issue of reconstruction also will be clarified, Ross said, indicating that some percentage of the surviving structure would mean that a building could be restored to existing square footage and not be considered new construction.
The compromise ordinance will be ready for review by the interested organizations prior to the CHCA board of directors meeting. The CHBA board of directors has authorized its executive committee to vote on the revised ordinance. If approved by the CHCA board, a hearing before City Council's Rules Committee will take place, with a first reading before City Council. The ordinance would then be scheduled for a vote by the full Council.