Microsoft Word - Sep1609_exg[1]

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Exhibit G TOWNSHIP OF LOWER MERION Building & Planning Department MEMORANDUM TO: FROM: SUBJECT: DATE:

Douglas S. Cleland, Township Manager Robert E. Duncan, Director of Building & Planning Craft and Antiques Markets June 30, 2009

Some Township residents and Commissioners have expressed an interest in permitting outdoor craft and antique markets in the Township. This topic is being placed on an upcoming B&P Committee agenda for further discussion to determine whether there is sufficient public interest and Board to continue pursuing this type of market. Before beginning the policy discussion, the Board must consider the impact of different site locations for outdoor markets. The three most likely sites to locate a market include a municipal property, a commercially zoned property, and a residentially zoned property. I will attempt to provide some basic information and raise some questions relating to all three locations. Municipal Property The Township Solicitor has provided the Board with his legal concerns about the use of a Municipal property. If the Board decides to proceed to consider municipal lots, a few other factors to consider are listed below. •

• •

• • • • •

Is the lot located in a commercial zoning district that permits a retail use? A municipal use is a permitted use in residential zoning districts but a craft and antiques market on municipal property would not be considered a municipal use. If there is another building on the site, will the required number of parking spaces continue to be provided for both uses during the market operations? Is there adequate space on the lot for the operators of the market, display area, pedestrians shopping at the market, parking for the vendors, parking for the general public and parking for the underlying use of the lot? Is the lot in an area that will not create unreasonable disturbances to surrounding neighbors? Will the location of the lot create traffic congestion problems? Are there traffic and pedestrian conflict concerns with the lot? Will the market require extra Public Works or Facilities staff work to assist with set up and cleanup? Will Police presence be required?

Commercially Zoned Property •

A retail use must be a permitted use in the zoning district.

Exhibit G



• •

If there is another building or use on the site, the required number of parking spaces must be provided for the current use and the market operations. There are very few sites in the Township improved with a building that can provide the required parking for the building, and space for the market and required parking for the market. A vacant lot would only have to provide the space for the market and the required parking for the market. All of the safety and municipal service concerns listed above.

Residentially Zoned Property •



A Craft and Antiques Market would be a commercial use and would not be a permitted use in any residential district. This would require a variance from the Zoning Hearing Board. If the Board decides to amend the code to permit this use in a residential zoning district, how would it be permitted in such a way that there is the ability to control the location and the impact of this use to the surrounding residential neighborhood? Once a decision is made to permit this use, it becomes difficult to stop a similar use in a location that may not be acceptable.

I’m sure there are other questions/concerns to be considered but I have attempted to raise some basic discussion topics for the Board to consider prior to making a decision on this topic. If you or any Board members have any questions relating to this topic please give me a call.

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