Title
September 11, 2011
To The President and Members of
The Council of the City of Philadelphia:
For the following reasons, I am returning herewith to your Honorable Body as disapproved Bill No. 120396 and returning Bill No. 120395 without my signature; both of these bills were passed by Council at its session on June 21, 2011.
These two bills would authorize the owners of the bar and restaurant Finnigan's Wake (FW), located at 3rd and Spring Garden streets, to make certain changes to the exterior of the property, including changes that significantly impact the public right-of-way on two sides of the property. These proposals are part of remodeling plans intended to help develop a larger in-house catering business at the facility for weddings and other large events.
FW is bordered on one side by Spring Garden street and on another by Bodine street, a small side street that is in poor condition and that is not currently used for through traffic. Pursuant to Bill 120395 (the Bodine street striking ordinance), FW proposes to close Bodine street for traffic purposes, use a portion of the area for outdoor seating, landscape the area and dedicate a 6-foot-wide portion to public pedestrian use. The owner of the adjoining property across Bodine Street has apparently agreed to deed the entire pedestrian easement on Bodine street to FW. Pursuant to the terms of the ordinance, FW would take responsibility for maintenance of, and liability in connection with, the pedestrian walkway.
Pursuant to Bill 120396 (the Spring Garden encroachment ordinance), FW proposes to place a variety of encroachments in the sidewalk along the northern portion of Spring Garden street between Third and Bodine streets. The most significant of these encroachments would be 61 feet long balconies on the second and third floors of FW along Spring Garden street. The balconies would project 14 feet over, and be supported by columns in, the sidewalk. A vestibule would be constructed on the first floor occupying about ten feet of the length of the sidewalk and projecting about a third of the way into the sidewalk. Bollards and planters would run the course of the sidewalk. An entrance leading to the upper floors of FW would be built on Spring Garden at the intersection of Bodine street. The sum of these encroachments would appear to be enclosure of much of the sidewalk on Spring Garden between Bodine and Third Streets for use by FW and its patrons.
At both the Philadelphia City Planning Commission meeting and the Council Streets and Services hearing concerning the proposal, the Planning Commission and Streets Department made clear that they had significant concerns regarding the Spring Garden encroachment ordinance, primarily because so much of the sidewalk of Spring Garden street would be occupied for private use with no direct public benefit. The Administration generally expressed support for the Bodine street striking ordinance, with the suggestion that the pedestrian easement should be widened. By letter dated June 6, 2012, the Planning Commission formally communicated to Council support for the two ordinances, on the condition that the easement for Bodine street be widened and the balcony authorization be removed from the encroachment ordinance.
The Northern Liberties Neighbors Association, the main community organization representing residents in the area directly affected by the proposed expansion of FW, has consistently made clear that it opposes FW's plans in their current form and that there is significant community opposition to the proposal. Although the organization has expressed concerns about the plans for Bodine streets regarding the extent to which the pedestrian access will feel open to local residents, the organization has expressed most of its concerns about the extent of the grant of the public right-of-way in the Spring Garden street encroachment ordinance. This was clearly expressed at that Planning Commission meeting on the subject. The NLNA did not appear at the Council hearing on the bill. Although representations were made at the hearing regarding the opinion of the NLNA and residents in the affected area, as well as the extent to which further negotiations with the organization would take place, it is our understanding from speaking to the parties that there have not been significant substantive discussions between FW and the NLNA in the interim and that the NLNA remains opposed to the project in its current form.
It appears that some basic level of agreement that largely satisfies all parties might be worked out regarding the Bodine street proposal. In my view, however, we should not proceed with the Spring Garden encroachment ordinance's proposed dramatic dedication of the public-right-of-way to a primarily private use, particularly in the face of the opposition of the community resident association that represents the neighborhood most affected by the proposal.
For these reasons, I am returning Bill No. 120396 to you disapproved. Although the Bodine street striking proposal is not as problematic, it may have been premature to proceed with it; I am therefore allowing Bill 120395 to become law by returning it to you without my signature.
Respectfully,
Michael A. Nutter,
Mayor