Hearing scheduled for E. Evergreen parking pad

Posted 2/1/17

This gravel parking pad at 210 E. Gravers is the subject of debate between the CHCA, which did not agree to its construction, and homeowners, who were given permission by the city to build it despite …

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Hearing scheduled for E. Evergreen parking pad

Posted

This gravel parking pad at 210 E. Gravers is the subject of debate between the CHCA, which did not agree to its construction, and homeowners, who were given permission by the city to build it despite the CHCA’s objections. (Photo by Brendan Sample)[/caption]

by Brendan Sample

After nearly 18 months of waiting, a hearing between the Chestnut Hill Community Association and the homeowners at 210 East Evergreen Lane is scheduled to take place next week.

Set for Tuesday, Feb. 7, the hearing will attempt to settle a dispute between the two sides as to whether or not the homeowners, Jonathan and Lindsay Berardino, are able to finish construction on a one-car parking site next to the house. Their variance was originally presented to both the CHCA’s Land Use Planning and Zoning committee and Development Review Committee, both of which rejected it. The Philadelphia Zoning Board of Adjustment, however, voted in favor of the Berardinos, thus prompting the CHCA to appeal the decision.

This hearing, however, is not the first to be held between the two parties. Late last summer, Judge Linda Carpenter oversaw the initial hearing, ultimately ruling in favor of the Berardinos and the ZBA, as she felt that the ZBA had acted within their rights. The CHCA ended up appealing this decision to the Pennsylvania Superior Court, which will be ruling on whether or not Judge Carpenter herself acted fairly.

Throughout the long wait to get to this point, neither side has changed its opinion on the matter. The Berardinos want to have their small parking pad like many of their neighbors, while the CHCA has remained steadfast in their view that the pad would violate several Philadelphia Zoning Code regulations.

“They have no parking on their side of the street; one of their neighbors has an identical driveway and everyone on their side of the street has similar driveways,” said Craig Sobel, the Berardinos’ lawyer who described the argument against his clients as “nonsense.”

Though there are other houses on East Evergreen Avenue that have single-car parking pads, the CHCA has maintained that this case still represents an infringement.

“The Philadelphia Zoning Code prohibits residential parking in the required front, side and rear yards of properties in any residential zoning district; front and side yards without exception, rear yard parking with certain limited exceptions that do not apply in this case,” said LUPZ co-chair Lawrence McEwen. “The CHCA concurs with these restrictions and their underlying intent for our National Register Historic District: to preserve neighborhood character, a safe environment with better pedestrian movement and a balanced, multi-modal transportation system consistent with cleaner water and air.”

While the appeal has gone forward as planned since then, the Berardinos have put an interesting spin on the matter, as they recently put up their house for sale. It is entirely possible, however, that this ultimately may not change much about the issue. Whether the homeowners get to keep the right to construct a parking pad or will have to fix the curb in front of their house depends on the result of the hearing instead of the potential sale.

Throughout this entire process, the CHCA has emphasized the importance of not wanting to establish a precedent in Chestnut Hill. It is concerned that this particular driveway will block the sidewalk and green space, and, in its view, if this project is allowed to be completed, other homeowners will have nothing to stop them from making equally obstructive changes. Other residents have also expressed concern over what could happen if this driveway were to be fully constructed.

“As parents of four small children, we have seen many near misses when cars backing out of driveways do not see children walking on sidewalks,” said Chris Roberts, who lives on East Evergreen with his wife, Hannah.

“Months ago, when the idea for this driveway came up for discussion, I expressed this to the residents, and they thanked me for offering a reasonable explanation for my skepticism about their proposed driveway,” Roberts said.

Should either side wish to fight the Superior Court’s decision, an appeal would have to be made to the Supreme Court of Pennsylvania. Whether either side would want to continue with the appeal process remains to be seen and will likely depend on whatever resources they have to carry it forward. The CHCA already has had to rely on financial assistance from the community to help cover the legal costs of the case. If one thing is certain, however, it is that both sides will be waiting patiently for Tuesday, the next and potential final step in a process that has been nearly a year-and-a-half in the making.

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