Consider for adoption a resolution approving a Conditional Use application to renovate the facade of the existing building and deviate from the Architectural Design Standards of the MUST District as follows:

A.  Zoning Code §155-87.25.C.2.d - To provide 24% clear windows and doors on the ground floor of the primary front façade where 50% is required.

B.  Zoning Code §155-87.25.C.2.f.2 - To provide window head height of 8’7”, where 9 to 12 feet above the sidewalk is required.

Expiration Date: 3/29/2019............................................................................Zoning: ASDD-1/C1/MUST

Applicant: Jonathon Baske, McDonald's Corporation

Property Owner:  MCD Ardmore, LLC

Applicant's Representative: Leslie Gerstein, Klehr Harrison Harvey Branzburg, LLP

RESOLUTION

WHEREAS, the Township of Lower Merion received application #3436CU from Jonathan Baske seeking relief from Zoning Code §155-87.25.C.3 to not comply with the Architectural design standards in the MUST District for the renovation of the existing McDonalds at 111 W. Lancaster Avenue, Ardmore, Ward 4 as follows:

• Zoning Code §155-87.25.C.2.d - To provide 24% clear windows and doors on the ground floor of the primary front façade where 50% is required.

• Zoning Code §155-87.25.C.2.f.2 - To provide window head height of 8’7”, where 9 to 12 feet above the sidewalk is required.

WHEREAS, the application was referred to Pamela M. Loughman, Esq., Hearing Officer, to take testimony and make recommended Findings of Fact, Conclusions of Law and an Order for the consideration of the Board of Commissioners; and

WHEREAS, following a hearing on the application, the Hearing Officer prepared and has submitted to the Board of Commissioners her Report in the form of a document styled “Recommendations for Findings of Fact, Conclusions of Law and Order” whereby the Hearing Officer recommends that the application be granted; and

WHEREAS, the Board of Commissioners, having reviewed and considered the Hearing Officer’s Report, wishes to render its decision.

NOW THEREFORE, the Board of Commissioners of the Township of Lower Merion hereby resolves that the Findings of Fact and Conclusions of Law set forth in the attached Report of Pamela M. Loughman, Esq., Hearing Officer, be and the same are hereby adopted as the Findings of Fact and Conclusions of Law of the Board of Commissioners in the matter of the application of Jonathan Baske. 

The Board deems the following order to be appropriate:

ORDER

AND NOW on this ___ day of ___________ 2019 application #3436CU for conditional use approval is granted based on the documents and plans submitted in support of the application, all of which are specifically incorporated herein by reference thereto.