SHALER TOWNSHIP ZONING HEARING BOARD May 10, 2018

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1 SHALER TOWNSHIP ZONING HEARING BOARD May 10, 2018 The Regular Meeting of the Shaler Township Zoning Hearing Board was held on May 10, 2018, at 7:30 p.m. Mr. Young called the meeting to order. Ms. Re called the roll as follows: ROLL CALL: PRESENT: James W. Young, Jr., Esq., Charles J. Porter, Jr., Esq., and William C. Woods BUILDING CODE OFFICIAL/ZONING OFFICER: Robert Vita RECORDING SECRETARY: Noreen A. Re APPROVAL OF MINUTES: April 12, 2018 Motion to approve made by Mr. Porter and seconded by Mr. Woods. OLD BUSINESS - None NEW BUSINESS: CASE TWO: R-1, E-12 Posted Melissa Krizmanich, 1814 President Drive, is requesting an 8 left side building line variance to construct a pergola over an existing concrete pad. Lot & Block 354-H-120. Mr. William J. Krizmanich, 1814 President Drive, Glenshaw, PA 15116, was present and duly sworn and described the request in detail. Upon inquiry by Mr. Young, Mr. Krizmanich stated he has no intention of enclosing the pergola. He also agreed to keep the trees in place. Mr. Krizmanich presented several letters of support from neighbors.

2 Mr. Joseph Demare, 201 Garden Lane, Glenshaw, PA 15116, after being duly sworn, spoke in favor of the request. No further public comments for or against Due to a conflict on Case Three, Mr. Young turned the gavel over to Mr. Porter. Mr. Young stated Dollar General is a client of his law firm; therefore, he would not be participating in Case Three. CASE THREE: G.C., B-5 Posted - First Link of Pennsylvania, L.P., 1701 Babcock Boulevard, is requesting a 10 right side rear yard variance for a proposed Dollar General store. Lot & Block 165-A-166. Mr. Thomas Taylor from Hampton Technical Associates was present on behalf of First Link and duly sworn. Mr. Taylor described the request in detail. Mr. Taylor stated the hardships are the topography and the irregular shape of the parcel. There is also a floodplain that exists in the front of the property from Girty s Run. Traffic was also considered. The driveway permit has been submitted to PennDOT. Mr. Mark Loskamp, owner of the Shop N Save across the street, after being duly sworn, spoke in opposition to the request due to traffic concerns in the area. No further public comments for or against Recess taken from 7:52 p.m. to 7:56 p.m. Mr. Young commented he neglected to mention an executive session was held before the meeting with the solicitor to discuss legal issues pertaining to Case One, which was proper under the laws of the Commonwealth of Pennsylvania. 2

3 MOTIONS: CASE TWO: MR. PORTER: "Mr. Chairman, I would move that their request be granted subject to a couple conditions. I think they've already stated that they agree not to enclose and to never enclose this proposed pergola, No. 1. No. 2, that it extend no further than the existing concrete pad, as testified. No. 3, that they maintain the shrubbery on the side on Vollmer Place at a height that is higher than the proposed pergola. It seems to me that this proposed structure will only enhance the property. It is not opposed to, but rather supported by the most close neighbors contiguously; and, as such, it would be a benefit to the property. So I would move it be granted subject to those conditions that I have proposed. MR. YOUNG: "Is there a second? MR. WOODS: "I'll second it." CASE THREE: MR. WOODS: "Mr. Chairman, I make a motion that we approve it subject to the proper permit being issued by PennDOT, the driveway permit. And, also, that they address any flood, the flood area down there that may come up in the near future or as it presents itself today. MR. PORTER: "I will supplement the record as to this. It seems to me that the documents presented would suggest that there is a hardship with respect to the property; namely, the odd shape of the lot. The topography is such that it's not really likely or able that the property be developed in the manner that would be appropriate, should there be strict compliance with the Zoning Ordinance in this area. So with those caveats, I would step down from the chair and second the motion." Motion carries 2 to 0 with 1 abstention Mr. Young abstaining 3

4 CASE ONE: R-1, D-12 Posted - Scioto Properties, owner of 444 McElheny Road, requesting a substantive validity challenge to the Zoning Ordinance pursuant to Section 909.1(a)(1), Pennsylvania Municipalities Planning Code, because Applicant asserts that the failure of the Shaler Township Zoning Ordinance to permit the proposed use in the R-1 and R-2 Zoning Districts violates the Fair Housing Act (42 U.S.C. 3601), Section 504 of the Rehabilitation Act (29 U.S.C. 701) and the Americans With Disabilities Act (42 U.S.C ) as well as the Equal Protection Clause of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. Lot & Block 433-R-120. Robert J. Wratcher, Esq., was present on behalf of the applicant. Adam Ventura, Esq., was present on behalf of the township. Recognized with party status were Mr. Robert Neely, 410 McElheny Road; Mr. and Mrs. Patrick and Allison Murray, 450 McElheny Road; and Mr. Marco Bonati, 232 Lucille Street. All interested parties were duly sworn. Ms. Regina Lesako, clinical director of the Pittsburgh properties for ReMed, provided testimony in detail outlining the services of ReMed. ReMed is the name of the rehabilitation company that Scioto will be building the property for. The home will be for people who have suffered a traumatic brain injury. Mr. Bill Lepper, who is employed with Scioto Properties, described the construction business of Scioto Properties in working with ReMed. He described in detail the renovation of the home. The Board, along with those with party status, cross-examined both Ms. Lesako and Mr. Lepper. Following a brief executive session, it was decided, due to the late hour, to reconvene the hearing on Thursday, June 14 th, at 7:30 p.m. Motion to reconvene the hearing on Thursday, June 14 th, for purposes of allowing any of the other parties to present their case and the applicant to present anything else further in rebuttal that he deems appropriate made by Mr. Porter and seconded by Mr. Woods. 4

5 Motion to adjourn made by Mr. Woods and seconded by Mr. Porter. MEETING ADJOURNED AT 10:11 P.M. William C. Woods, Secretary Minutes prepared by Noreen A. Re, Certified Realtime Reporter. 5