BZA September 29, 2009 Gronowski

The Newbury Township Board of Zoning Appeals public hearing was called to order by Glen Quigley, acting Chairman at 7:30 p.m. on September 29, 2009 with Tezeon Wong and Ken Blair (sitting for Dean Eppley) present.  Photos of the site were presented for board review.

 

All who wished to speak at this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in.  Mr. Quigley read the applicant's request.

 

Brian Gronowski is requesting an area variance to build a 20’ x 24’ sunroom addition to an existing house at 13973 Meadowlark Ln. in the Kimberly Estates Subdivision that would be 26 ft. from the SW side lot line (vs. Art. V, Sec. 5.05 req’d 30 ft. side setback & Art. XIV, Sec. 14.04A&B and 14.05 Extension of non-conforming uses, buildings and structures.

 

Mr. Quigley asked the applicant to state his case.

 

Brian Gronowski said he wished to add a sunroom to enjoy the yard without the mosquitos.  It would be a single floor addition, about 20 sq. ft. in size, with the roofline extending the existing house ridge at the first floor level.  Discussion continued that the GIS lines did not accurately describe the property lines in this case.  Mr. Boulware, a neighbor, confirmed the accurate property line stakes and said “Brian is the best neighbor I ever had”.  Mr. Turk, another neighbor, said he wished there were more neighbors like Brian who improve the neighborhood.

 

Mr. Wong asked about the roofline.  The board viewed the drawing verifying the sunroom roof extension matching the existing house lines and that the addition would not obstruct neighbor’s views.

 

Mr. Quigley asked the board for additional comments or questions. There being no more questions, he called for a motion to grant the Variance Request stating that a yes vote would grant the variance.

 

Mr. Blair moved to grant the variance as requested; Mr. Wong seconded the motion that passed by unanimous vote.

 

            Tezeon Wong                                       yes

Ken Blair                                              yes

            Glen Quigley                                         yes

 

Mr. Quigley informed the applicant his variance request was granted.

 

Mr. Quigley 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 required permit can be issued once all requirements regarding

 

this application are satisfied, although if you plan construction it is recommended you wait the 30 days before proceeding.  The challenge could reverse or negate our decision.  At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”. 

 

Mr. Quigley informed the Appellants 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.

 

The board members wished the applicant good luck with his project.

 

 

Mr. Quigley adjourned the BZA hearing at 7:45 p.m.

 

 

Based on the following FINDING OF FACTS, the Board has voted to grant the 20 x 24 ft. sunroom addition to the existing house.

 

1)      The parcel could yield a reasonable return but the addition is a logical use for homeowner’s enjoyment.

 

2)      The variance is not substantial given the existing restrictions in Kimberly Estates.

 

3)         The essential character of the neighborhood would not be altered and the adjoining property owners would suffer no substantial detriment as a result of this variance.

 

4)                  The variance has no effect on delivery of governmental services.

 

5)                  The owner purchased the property without knowledge of the zoning restrictions.

 

6)      The property owner’s predicament could not be obviated through some method other than a variance to allow this logical house extension.

 

7)      The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.  Such other criteria, which the Board believes relates to determining whether the zoning regulation is equitable as the neighbors in attendance voiced no objections to the project.

 

 

 

Marge Hrabak, Secretary

 

Mr. Quigley informed the board that the “challenge within 30 days” may be restricted by the court to “those who have standing” meaning those who were in attendance at the variance hearing.  He urged the BZA members to review the Township Zoning Law Handbook, available in the office.

 

Mr. Quigley adjourned the BZA meeting at 7:55 p.m.