Consider for adoption a resolution denying a Conditional Use Application as recommended by the Hearing Officer. The Plan prepared by Momenee Inc. dated February 18, 2005, last revised August 23, 2019 shows the following:

a.  Demolition of an existing single-family detached dwelling on the property;

b.  Removal of and reconstruction of an existing one-story portion of Building 1;

c.  Construction of a new 54.4’ building (no. 3);

d.  Creation of 33 residential units;

e.  Seventy-two parking spaces in a combination of underground, at grade within the building and surface spaces;

f.  Replacement of the existing bridge into the site with a new bridge; and

g.  Construction of a sanitary sewer pump station on the north side of Building 1. A force main

is proposed down Mill Creek Road to connect into the existing sanitary sewer system in River Road.

The applicant seeks Conditional Use to: 

a.  To convert the two existing Class I buildings to multifamily use; and

b.  To reduce the applicable front, side and rear yard setbacks and increase the applicable impervious surface and building area.

Expiration Date – 2/28/2020……..........................................................................Zoning – RAA/HROD

Applicant: Kevin Kyle, Mill Creek Road Associates, LP.

Applicant's Representative: Jonathan Spergel, Esquire, Manko Gold

Property Owner: Mill Creek Road Associates, LP.

RESOLUTION

WHEREAS, the Township of Lower Merion received application #3836C from Kevin Kyle on behalf of Mill Creek Road Associates, LP, proposing to construct a new 54.4 ft. tall multifamily residential building at 1400 Mill Creek Road, Gladwyne, Ward 2, the site of  Class I historic buildings known as Barker’s Mill, the proposed development to contain, together with the conversion of a Mill Building on the site, a total of 33 condominium units; and

WHEREAS, Applicant requires conditional use approval because it is seeking the modification of building area, side yard setback, rear yard setback and impervious surface dimensional requirements imposed by the underlying RAA Zoning District.

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 hearings on the application held September 23, 2019, October 24, 2019 and October 31, 2019, 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, Discussion and Order” whereby the Hearing Officer recommends that the application not 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 Kevin Kyle on behalf of Mill Creek Road Associates LP. 

The Board deems the following order to be appropriate:

ORDER

AND NOW this ____ day of February, 2020 application 3836C for conditional use approval is denied for the reasons set forth in the attached report of the Hearing Officer which is incorporated herein by reference.