HomeMy WebLinkAbout02-5503IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PAUL C. 7USSEL and
DEBBIE S. JUSSEL,
Appellants Civil Division
v.
ZONING HEARING BOARD OF
BOROUGH OF CARLISLE,
Appellee
No. O a - 5 x'03
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and a judgment may be entered against you by
the court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiffs. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
HELP:
NT HAVE A LAWYER OR OFFICE SET FORTH BELOW TO FIN CANNOT D OUT WHERE YOU O CA O N GET LEGAL TELEPHONE HE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: November 14, 2002
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PAUL C. JUSSEL and
DEBBIE S. JUSSEL,
Appellants .Civil Division
V. :No. o,2, - J SrJ 3
ZONING HEARING BOARD OF
BOROUGH OF CARLISLE,
Appellee
NOTICE OF APPEAL OF DEEMED APPROVAL OF VARIANCE
NOW COMES Appellants, Paul C. and Debbie S. Jussel, and file the following Notice of
Appeal Challenging the Deemed Approval of a Variance.
1. The Appellants are the owners of real property located at 215 West South Street,
Carlisle, Pennsylvania.
2. On August 23, 2002, Troy and Deneem Raudabaugh filed a Notice of Appeal
requesting a public hearing before the Zoning Hearing Board of the Borough of Carlisle for a
variance for the construction of a shed at 158 South West Street, Carlisle, Pennsylvania. The subject
property is adjacent to Appellants' property. A copy of this Notice is attached hereto as Exhibit A.
3. The Zoning Officer of the Borough of Carlisle, and the Zoning Hearing Board, failed
to take action on the Raudabaugh variance request within 60 days. Under 53 Pa.C.S. Section
10908(9), a decision is deemed to be in favor of the Applicant when the Zoning Hearing Board fails
to take action within 60 days.
4. 53 Pa.C.S. Section 10908(9) preserves the right of parties opposing the variance to
appeal this "deemed approval" to this Court.
5. Because the Applicants, Mr. and Mrs. Raudabaugh, have no right to a variance under
Pennsylvania law for the construction of the shed on their property, this Court should reverse the
deemed approval for the variance. The Applicants have not, and cannot, demonstrate sufficient
hardship to qualify for a variance.
WHEREFORE, this Court is requested to reverse the deemed decision of the Zoning Hearing
Board of the Borough of Carlisle.
November 14, 2002
VERIFICATION
The foregoing Notice of Appeal is true and correct to the best of my knowledge, information
and belief.
This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
ZONING HEARING BOARD 53 West South Street
BOROUGH OF CARLISLE Carlisle PA 17013
NOTICE OF APPEAL
(1) (We)
n s. oes+ -Z?A-
(NAME) (ADDRESS)
8 01 3 @ a y 11 t request that a public hearing be held and a
(HOME PHONE) (WORK PHONE)
decision be issued by the Zoning Hearing Board on the following matter:
? An appeal of a determination by the Zoning Officer issued on 199_
? A special exception.
A variance relating to: Area ? Frontage
1 Yard ? Height _
? Use ?
Which pertains to the Carlisle Borough Zoning Ordinance:
Article Section
Article Section
Article Section
Article Section
The description of the properry involved in this appeal is as
Location of property: 1 S 9 S Wes f
Zoning District: Q- L/
Present Use: N c u s e-
Proposed Use: (?u Us& wi sl ? ?l + ? Ai6?
Owner of Property: -rte tug
Relationship of applicant to property:
,, Owner of record.
Paragraph
Para_gaph
Paragraph
Paragraph
? Parry to a sales agreements 2 3 20
? Parry to a lease agreement ,
IDAUG
aA
Attach the following:
? Statement of why the Zoning Hearing Board should approve the request
? Sketch plan - required for area and bulk variances.
SIGNATMMv0 =ONER
SIGNATURE OF PE'=ONER
, L)o no[ Nine in Ihz sp=. for oniciai we omy.
Date Hearing Advertised Appeal Number Q2L -COQ
Fee C150 Fee Paid Receipt No. Cost of Transcript
i
ZONING HEARING BOARD
BOROUGH OF CARLISLE
53 west South Street
Carlisle PA 17013
ZHB Case
Applicant's Name t he `? _{ l M e e (`?
Property Location 5 t Q. -S
5
I attest that the below represents a complete and accurate list of all known owners of
record of property within two hundred (200) feet radius of the lot lines of the property
that is the subject of this appeal.
APPLICANTS SIGNATURE
DATE
Proneny Oman Name P ope,-ty Address Owners Mailing Address _
Continue on back
(it 4Z ? u? / 70 03
U
Pauk C. Jussel and
Debbie S Jussel
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Carlisle Borough of Zoning Hearing Board :
N0.O,,T- SS03 CIVIL M
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND)
TO: Carlisle Borough of Zoning Hearing Board
We, being willing for certain reasons, to have certified a certain action
between Paul C Jussel and Dei c T i i
pending before you, do command you that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of Common Pleas at Carlisle, within 20 days of the date hereof,
together with this writ; so that we may further cause to be done that which ought
itution of this Commonwealth.
R'
m 4
m .
77
R-
?- P $
?? o3
°
?+l Postmark
Here
P. J.
day of November 200
cp (Endorsement Regwre ) _
m Restnotea oeiNery Fee urtis R. Long
° (Endorsement Required)
$ Proth o ry
° Total Postage & Fees
°
ReciplenPS Name (Please Pnnt CleetlyJ (to be mmpletetl by mailer)
m
Street, Apt No. or PO B?N,o.
° City Stete, ZlP+4
M1
FS Forn) 380D February 20GO See R.-me f... u,trudli.r,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PAUL C. JUSSEL and
DEBBIE S. JUSSEL,
Appellants
V.
ZONING HEARING BOARD OF
THE BOROUGH OF CARLISLE,
Civil Division
No. 0.1 -S'Sa3 Liv 1
Appellee
and
TROY AND DENEEM RAUDABAUGH,
Applicants
MOTION OF APPELLANTS FOR REMAND OF CASE TO
ZONING HEARING BOARD TO RECEIVE ADDITIONAL EVIDENCE AND
TO STAY PROCEEDINGS
NOW COMES Appellants, Paul C. and Debbie S. Jussel, and file the following Motion.
1. 53 Pa.C.S. Section 11005-A permits this Court to remand land use appeals to the
Zoning Hearing Board to receive additional evidence where it is shown that proper consideration of
the appeal requires this relief.
2. In this appeal, the Zoning Hearing Board failed to act on an application for a variance
within 60 days. Therefore, the application was deemed to have been approved. No factual record
exists.
3. Since this decision was made by the Zoning Hearing Board without a factual record,
this Court should remand this case to the Zoning Hearing Board to build a record under 53 Pa.C.S.
Section 11005-A so that this Court can properly consider the substance of this appeal.
4. Also, since Appellants have never been afforded an opportunity to be heard on this
issue and never received any notice, this Court should stay the proposed construction of the shed as
requested in the variance application until after a factual record is compiled and this Court has
properly heard this appeal.
5. Appellants believe that Applicants Troy and Deneem Raudabaugh are not entitled to
a variance as requested in their application as a matter of law because they have not, and cannot,
prove a sufficient hardship.
WHEREFORE, this Court is requested to remand this case to the Zoning Hearing Board to
compile a factual record and stay the construction of the building described in the variance
application pending resolution of this appeal.
Paul C. Jussel
ebbie S. Juss
December 16, 2002
?' 7
FYI
C7i C
r = {.
"? ?l rz7
DE 1 7 00Z
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PAUL C. JUSSEL and
DEBBIE S. JUSSEL,
Appellants Civil Division
V. No. 0-- `?5C1? ?1 v ?? 1
ZONING HEARING BOARD OF
THE BOROUGH OF CARLISLE,
Appellee
and
BY THE CO ,
J.
TROY AND DENEEM RAUDABAUGH,
Applicants
RULE TO SHOW CAUSE
AND NOW, this day of I2002, Appellee and Applicants are
DIRECTED to show cause why the relief sought in Appellants' Motion for Remand and Stay of
Proceedings should not be granted.
Rule returnable r2-Q days after service.
?1 R?5
1a-is-oa
a
s
^
t
PAUL C. JUSSEL and
DEBBIE S. JUSSEL,
Appellants,
V.
ZONING HEARING BD.
OF CARLISLE,
Appellee,
and
TROY RAUDABAUGH and
DENEEM RAUDABAUGH,
Applicants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 02-5503
REPLY OF TROY RAUDABAUGH and DENEEM
RAUDABAUGH TO MOTION FOR REMAND
AND NOW, come Troy Raudabaugh and Deneem Raudabaugh, by and through their
attorneys, O'BRIEN, BARIC & SCHERER, and file the within Reply to Motion for Remand
and, in support thereof, set forth the following:
1. Denied. These averments constitute conclusions of law to which no response is
required. To the extent a response may be required, the averments are denied.
2. Admitted.
3. Denied. To the contrary, the failure of the Zoning Hearing Board to act upon the
properly submitted request for a variance filed by the Raudabaughs resulted in a deemed
approval as set forth and required by the Municipalities Planning Code at 53 P. S. §10908 (1.2)
and (9).
VERIFICATION
I verify that the statements made in the foregoing REPLY TO MOTION FOR
REMAND and STAY OF PROCEEDINGS are true and correct to the best of my knowledge,
information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Troy
and Deneem Raudabaugh, Applicants, and is based upon the statements provided by Applicants,
as well as documents reviewed by the undersigned as attorney f'or Applicants. This verification
will be substituted and ratified by a verification signed by Troy Raudabaugh and Deneem
Raudabaugh. I understand that false statements herein are made subject to penalties of 18
Pa.C.S. §4904, relating to unsworn falsifications authorities.
David A. Baric, Esquire
Dated: 1Z Z Gam'
dab\generahraudabaugh.ver
CERTIFICATION OF SERVICE
I hereby certify that on December 27, 2002, I, David A. Baric, Esquire, of O'Brien, Baric
& Scherer, did serve a copy of the REPLY TO MOTION FOR REMAND and STAY OF
PROCEEDINGS, by first class U.S. mail, postage prepaid, to the parry listed below, as follows:
Paul C. Jussel and Debbie S. Jussel
215 West South Street
Carlisle, Pennsylvania 17013
Zoning Hearing Board of
the Borough of Carlisle
53 West South Street
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
Attorney for Applicants
Z
Date: December , 2002
? ?7
-
=
"ccn:? ?
s-n ,?
?;
`J ! ., ? ?.
? =- --? L?
?
_
.D -?
N
I
U
U
b
Il
J
l
O
O
N
m
n
N
O
a
Z
8
c
cr
U
T
7
7
r
co
co
CO)
0
LL
U)
A