BZA April 5 2011 Stanek

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman, at 7:30 p.m. on April 5, 2011 with Board members, Mary Lee Brezina, Bill Skomrock,Sr., Tezeon Wong and Glen Quigley present.

All in attendance for this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in. Ray Fidel read the applicants request:
James Stanek requests an area variance to construct a 29’ x 22’ addition to an existing non-conforming house at 14970 Sperry Rd. 25 ft. from the south side lot line and less than 100 ft. from the road right-of-way but within the original front footprint of the house (vs. Art. V, Sec. 5.05 req’d 30 ft. side and 100 ft. front setbacks). Extension of non-conforming uses and structures requires relief from Art. XIV, Sec. 14.04 A&B & 14.05.
Mr. Fidel asked the applicant to state his case. Mr. Stanek said he wanted to put an addition on the south side of the house for a basement, bedroom, bath on the first floor and laundry upstairs.
He said the addition would start 10 feet west of the front and along the south side to the rear of the house. Mr. Fidel reminded the board that this house was built when the required side setback was 15 feet.

Mr. Wong asked Mr. Stanek if he would consider making the addition 5 feet narrower – he said no as this was not out of character with the neighbor’s house. Mr. Kovary, the neighbor to the south, said he had no problems with the placement of this addition.

Mr. Skomrock said he believed the addition would be an improvement to the neighborhood. Ms. Brezina agreed with Mr. Skomrock.

Mr. Fidel asked the board for additional comments or questions. There being no more questions, Mr. Fidel called for a motion stating that a yes vote would grant the variance.
Tezeon Wong moved to grant the variance as requested for the 29’ x 22 house addition 25 feet from the south side lot line; Glen Quigley seconded the motion.

A roll-call vote was as follows:
Mary Lee Brezina yes
Tezeon Wong yes
Bill Skomrock, Sr. yes
Ray Fidel yes
Glen Quigley yes

Mr. Fidel read to the Appellant and audience, “Within 30 days after service of the minutes granting your request, if someone wishes to challenge this decision through the court, he or she may. The challenge could reverse or negate our decision. Mr. Fidel informed the Appellant and the audience that the 30-day period commences with the Appellants’ signing receipt of the signed minutes. They will be mailed registered return receipt to the Appellant. All persons receiving notice of the hearing will receive copies of the minutes. At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”.
Mr. Fidel adjourned the BZA hearing at 7:45 p.m.
As the applicants left, Board members wished them good luck.
Board members resumed their meeting to establish the conclusions of fact:
Based on the following FINDING OF FACTS for the variance requested:

1) The parcel could yield a reasonable return without the variance.
2) The 25 ft. side setback is not substantial considering the 15 ft. setback restrictions at the time of purchase.
3) The essential character of the neighborhood would not be substantially altered and the adjoining property owners would suffer no detriment as a result of this variance.
4) The variance has no effect on delivery of governmental services.
5) The property has been owned by the same family for decades during which time the zoning changed to require a 30 ft. side setback.
6) The property owner’s predicament could not be obviated through some method other than the variance.
7) The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variances. Such other criteria, which the Board believes relates to determining whether the zoning regulation is equitable; there were no objections by adjacent property owners in attendance.

Marge Hrabak, Secretary