Consider for adoption a resolution approving a Conditional Use application to deviate from the architectural design standards in the Bryn Mawr Village District. The deviations are shown on architectural plans prepared by Bernardon dated February 15, 2019 showing the construction of a two-story building with a 7,484 square foot footprint. The specific conditional use requests are as follows:

1.   Zoning Code Section 155- 215.E(2)(a)(l) - To provide 44.2% glazing at the ground floor of the primary front facade where between 65% to 70% clear windows and doors is required. 

2.   Zoning Code Section 155- 215.E(2)(a)(3) - To provide a ratio of windows to solid façade of 1.18:1 at the ground floor of the primary front facade where a ratio of at least 3:1 between openings and solid surfaces is required.

3.   Zoning Code Section 155- 215.E(2)(a)(6)(a) - To provide a sill height of 3’4” above adjacent sidewalk level where the maximum sill height is two feet or lower.

4.   Zoning Code Section 155-215.E(2)(d)- To use an exterior insulation and finish system ("EIFS") or synthetic stucco system, which is prohibited unless authorized by the Board of Commissioners by conditional use.

Expiration Date – May 2, 2019...................................…………….……….Zoning – BMV-4/BMV-3/R4

Applicant: Michael Convery, P.E., Aqua Pennsylvania, Inc.

Property Owner: Aqua Pennsylvania, Inc.

Applicant's Representative: Denise Yarnoff, Esquire, Riley, Riper, Hollin & Colagreco

On April 10, 2019, the Building & Planning Committee recommended adoption of the resolution approving the Conditional Use application.

RESOLUTION

WHEREAS, the Township of Lower Merion received application #3802C from Michael Convery seeking relief from Zoning Code Section 155-215.E.3 to not comply with the Architectural elements in the Bryn Mawr Village District for the construction of a new building at 9 & 11 Elliott Avenue, Bryn Mawr, AQUA Pennsylvania, Ward 4 as follows:

1.   Zoning Code Section 155- 215.E(2)(a)(l) - To provide 44.2% glazing at the ground floor of the primary front facade where between 65% to 70% clear windows and doors is required;

2.   Zoning Code Section 155- 215.E(2)(a)(3) - To provide a ratio of windows to solid façade of 1.18:1 at the ground floor of the primary front facade where a ratio of at least 3:1 between openings and solid surfaces is required.

3.  Zoning Code Section 155- 215.E(2)(a)(6)(a) - To provide a sill height of 3’4” above adjacent sidewalk level where the maximum sill height is two feet or lower;

4.   Zoning Code Section 155-215.E(2)(d)- To use an exterior insulation and finish system ("EIFS") or synthetic stucco system, which is prohibited unless authorized by the Board of Commissioners by conditional use.

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 17^th day of April 2019 application 3802C 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, and subject to the following condition: 

1.      The proposed EIFS on the new building shall have a finish consistent with the finish of the EIFS on the existing Aqua headquarters building. The finish of the proposed EIFS shall be subject to the approval of staff.