BZA Wetzel November 1, 2011

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman, at 8:15 p.m. on November 1, 2011 with Board members, Mary Lee Brezina, Bill Skomrock,Sr. and Tezeon Wong present. Photos were distributed to the board.

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:

Lori Wetzel requests an area variance to build an 18 ft. round above-ground swimming pool 80 ft. from the Stone Rd. Right-of-Way and 30 ft. from the north side line (vs. Art. V, Sec. 5.02A6b – min. 40 ft. from any property line & 100 ft. from R-o-W & 5.06 non-permitted yard structure) at 14458 Stone Rd.

Mr. Fidel asked Lori Wetzel to state her case.

Ms Wetzel said she currently has a portable style swimming pool that she wants to replace with a permanent pool purchased from Lighthouse Pools. They informed her she would need a permit to install the pool. Because the topography drops off to the rear of the lot, she would like to position the permanent pool in the same pool location. She pointed out the present pool location on the property map, the septic system fields that prohibit placing the pool farther back and concluding that the present pool location is the only logical place for the permanent pool. She will be taking possession of the pool, storing it under a tarp till spring, possibly May, when Lighthouse Pools will need the permit to install the pool. Ms. Endres said she could delay issuing the permit if desired.

Mr. Fidel asked Ms. Wetzel if the property line was between the two driveways shown on the map? She said it was. Mr. Fidel asked the audience for comments; there were none.

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 area variance as requested.

Tezeon Wong moved to grant Ms.Wetzel’s variances as requested for the setbacks, and pool
Ms. Brezina seconded the motion.

Mary Lee Brezina yes
Tezeon Wong yes
Bill Skomrock, Sr. yes
Ray Fidel yes

Mr. Fidel informed the applicant her area variances were granted.

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 8:30 p.m. As the applicant left, Board members wished her good luck.

Board members resumed their meeting by establishing the conclusions of fact:

Based on the following FINDING OF FACTS for the area variance:

1) The parcel could yield a reasonable return without the area variance but the pool will add enjoyment and value to the property.
2) The variance is not substantial, < 20%.
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 area variance has no effect on delivery of governmental services.
5) The owner purchased the property with no specific knowledge of these zoning restrictions.
6) The property owner’s predicament could not be obviated through some method other than the required area variances.
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; the topography limits any other location for the pool; there were no adjacent property owners in attendance.

The board adjourned at 8:35 p.m.
Marge Hrabak