PIKE TOWNSHIP BOARD OF
ZONING APPEALS
August
29, 2006 - 7:00 p.m.
Members present were Nancy Snyder, Audrey Malavite, Louis Grooms, Robert Miller and Jerry Eibel, presiding chairman.
Also present were BZA alternate, Barbara Harding, Zoning Inspector,
Sharon Perrine, Zoning Secretary, Carol Barto and four guests.
Mr.
Eibel opened the meeting at 7:00 p.m., introducing
the Board Members and Zoning Department Staff.
The Legal ad was read by Audrey Malavite and Mr.
Eibel read the roll call of adjacent property
owners. Lisa Ackerman, representing ValleyView Stables was only adjacent property owner
present, although Barbara Harding’s residence is nearby the location in
question.
APPEAL #327
Scott
& Staci Brown of 3813 Haut St. S.W. are requesting two 60’ variances to
split their property in three five plus acre parcels, to allow access from the
5.03 acre and 5.00 acre parcels a right of way onto Haut St. They are requesting each proposed parcel have
a forty foot access, dividing the existing 83 feet between the two
parcels. Pike Township Zoning Resolution
requires 100’ frontage in a residential district. (Section Four, Title I, D - Table of Requirements - Single
Family Dwellings).
Mr.
Brown explained that he has been clearing the land with the anticipation of
installing a manufactured home on the 5.03 parcel for
his family and later, possibly his family wanting the 5.0 acre parcel for a
home. Mr. Brown stated that he had
talked to Cliff at Regional Planning and the County only requires 30 feet
frontage and someone told him that if he gets septic approved on the whole 10
acres, he would not be able to get another septic system on the other 5 acre
parcel, so he states that is his reason for wanting to split the whole thing,
at this time, and need the two 60 foot variances.
He
explained, that because of the severe slope of the
lands, it would make it almost impossible to make a driveway to the property
from his existing land and his proposal seems like to most feasible way to
split the property.
Zoning
Inspector, Sharon Perrine suggested to Mr. Brown that the Board’s concern is
the size of the variance and asked if could he just make the 10 acres into one
parcel and, perhaps the Board would be more willing to grant a 20 foot variance
as opposed to two 60’ variances.
Mr.
Brown stated that he didn’t want to do that in case, in the future, he was told
he would not be able to get septic approval if he chose to split the property
again in the future. The Board also suggested
that since he owned the 52 acres adjacent to this property, he might want to
consider an access route through that acreage.
Mr. Brown stated that, he had considered other options, but due to past
strip mining, the large soil banks and sediment ponds,
would also make that almost impossible, and the access he was proposing was the
most feasible for him.
Louis
Grooms made a motion to grant the two 60 foot variances. Seconded by Robert Miller.
After
much discussion with Mr. & Mrs. Brown, Nancy Snyder voted to deny the two
60 foot variances per Section Four, Title I, D-Table of Requirements - Single
Family Dwellings, of the Pike Township Zoning Resolution dated July 5, 2006,
requiring 100 foot minimum frontage. Seconded by Audrey Malavite.
VOTE: Nancy Snyder voted against
granting the two 60’ variances.
Audrey
Malavite voted against
granting the two 60’ variances.
Louis
Grooms voted in favor of granting
the two 60’ variances.
Bob
Miller voted in favor of granting
the two 60’ variances.
Jerry
Eibel voted against
granting the two 60’ variances.
The
vote was split, with two in favor and three against granting the two sixty foot
variances.
Mr.
Brown expressed his disappointment, in the Board’s decision, since
No
other business was presented to the Board.
Audrey
Malavite made a motion to adjourn the meeting. Seconded by Nancy Snyder. The meeting was adjourned at 8:02 p.m. by unanimous
vote.
Minutes of the meeting
read and approved: October 30, 2006