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I IN THE COURT OF CO~40N PLEAS
I OF CUMBERLAND COUNTY
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I NO. Q'6 - dOr-l () (\.\.LJ) T'!J\I\'\
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I NOTICE OF APPEAL TO THE COURT OF
I COMMON PLEAS ZONING CASE
I
PAUL EVANS AND TONI EVANS,
Appellants
THE ZONING HEARING BOARD OF
LEMOYNE BOROUGH,
Appellee
NOTICE OF LAND USE APPEAL
Paul Evans and Toni Evans, Husband and Wife, Appellants by and
through their attorney Brett P. Zankel, Esq., who praecipes the
prothonotary to enter his appearance in this matter do appeal from
the decision of the Zoning Hearing Board of LemoynEl Borough,
Pennsylvania, and in support thereof states the followingl
1. The appellants are Husband and Wife, Sui Juris individuals
and the owner of premises No. 355 Lowther Street, Lemoyne Borough,
Cwnberland County, Pennsylvania.
2. The appellee is the Zoning Hearing Board of Lemoyne
Borough.
3. No. 355 Lowther Street is located in Lemoyne Borough,
Cumberland County, Pennsylvania, and is zoned as part of a R-C
Residential-Commercial district under the provisions of the zoning
ordinance of that Township.
4. On December 1B, 1997, appellant filed with the Zoning
Hearing Board of Lemoyne Borough an application was filed seeking
a ruling that a fence constructed by Appellants on their property
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BEFORE TI\I~~., ZONINoIHE^!\I.:I~'I.Q :\'; Ii:!
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I3?Alm OF VIE B:ORQIJG\;I~'11" !I: II I,
L!IMOYNE I' , : ,.:1::. ill I I: "II
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NO I OF 1998 ,I 1'1'1 '1'1'::'
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, lleMo~~e rrd filed an Application for a variance lInd nn nppcnl from thcl De~i [ion f m.l: W' I ; ill I!:
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'{fic~r:berore this Board. A hcarit,,~ was hcld Oil 21 JallulIIY 1998, at which tln/elt lel'l'ipri'l' t,1 111\' I
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'IM appetl were both dCllied. This '.'IrillclI Dccision follows. : '.'! :':'11)1;1,',;11\\', ;,l\~ . \ ,I i 'i'
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NDlNGS OF FACT: : i ., 1"li \'i\'d :1' I; I II, I'
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: Ii; : 2, Applicants occupy the prop~rty al1d, bccause of unhappy re ation wiil ,the!, " I .li~~~1 ' If':
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, d.eciqed 0 erect a wooden fcn<;e between thc subje\lt propcrty and the h,ome, fth' hhi~I~IA IA(~' ! I 'i
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if! II II 3 The Applicllnts obtaind a building pc I'm it for thc crection f thcifj:l)c 'i :~Il~f, . i~I' i II
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'dommence construction of the fence within the tilllc thc building penn It was1vali": : l,;~ 1::1::11' 1111' I
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'. ~~I\~tl'UTtiol\ oflhe fcnce pursllal1l to thc building pcrmit they had obt~incd, they rid.t\~I~:?11i I Iii'
~~n~iru~tiol\ within thc time their Juil\ling pcrmit was cxtcnded. i I, Iii",.: I!: 11:' Jill i '
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AI1PLICATION or PAUL .',VANS
AND TONI EVANS
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: . I: I~' i The Applicants cOll1ll1el'ccd constl'llctlon of thc fence after t c nll:( II1g PlJn~l,ltr; :1 ~t:
, 1,x.~en~iOni granted by thc Zoning officer, had cxpired, ii' ',:i:ll: I, I
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i III I rJ, i Applicants crected the fr;ncc closer to the house ofthcir neijlbOl:S ttH!n P~"l~ \J~'.lbl I
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olJin~ 01' 'rinance. The fcnce is locatcd less than fivq fcet from the house of he n 'lM! I'!:" I'
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~, 18. 'Applicants commenced constrllction by installing vertical poles fo th\l :~Iif~!"~~ij,
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~Ics WI' ere I erected, and beforc lhe applicants complet,~d any addiliollal fork, PP1'Cl\III'tIS':WII~J~~,)
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d~'SId b the Borough that the fcncc, as it was being crccted by Appliqants, viola cd 1 ie:~I~Jl,\
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: f in pc Applicants wcre specifically adviscd that their fence violatr' d the zon'~"\'~'i,~ij..'~I,.
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I~~r' ~~~ i was ~Ioser than five feet to the hOll1e of their neighbors and PPlicl'nt~' 'J ~ S 'blll~'~lt '; I I
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. lirqcte~ y the Borough to cease c,lnstr\lction. . :' I', 111';11 ,I . ' I. ( I :' .
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, ~t lel~eJce. Over a period of weeks they substllntiolly completed that onslr)'lctio .,,:'hli~ I :11~1'
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: l~ r' eari ,g, whieh was approximately a year after the fencc had been elected; the' e[\q~':, ~:: ,ill 'II ','
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~mptete'except for removal of approximately 2 feet from the poles above the line otth~ ~ei/c, 'I: : i il!
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'IP~, ~teld less than five feet, are Den 1..lId Sue West of 351 Lowther Street!in Lell1oYle,: M/:'), 8)ld I I ,II,':
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~' ',. ':,e~tlll P, Pf' ared at the hearing befon the Zoning lIearing I30ar .land oppbsed tile A ~e,al,i!~~,i,' J; II I' II ~,:,:
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~f~lifat+n of Applicants, ,Ii;'):;:'; : 1'1 1 i I: Ii':
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: '1 111.1 Applicants produced no evidcncc atthc hcnrtng bl~forc the Z >IIin~ Ilearl~~:" 1.'1 ~, d: II I:'
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Ilc~Qrdance with the existing Zoning Ordinancc. : I I'i i.~t, ,t' d \ II
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I:.' I 112. Applicants produccd no eVldcnce at thc hCllllng before the 7ronlll He (Ijlq,~~b d' I:: I.
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Iy'hards lip resulting to thcm if they arc not pcrmittcd to havc thc fcncl( as thcy cr :c1T,q i\,; "Iii' III I:, \'
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" "L I SIONS OF LAW: I : ,~j ~~;I'iU~,j:t I, ;,,'
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I ! J 'I" ~'he Decision of the Zoning Officcr \vas corrcct and Applicmlls' np\)~al:l ,1~~!;~~I' ,~~~\, I, '
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. li:~. j Applicants have not IIlctthc standard of proof to show they a '0 cntilt.cd \l1'1~ l'~ II ~ i~ III, II!;
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. OJ~ tfle trict tcrms of the Zoni'ng Ordinancc, ': ":',1 il'll" I' !' :,I~ ' I !I,
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: : Applicants appcal from the Uccision of thc Zoning Officer, cont ,nding' !11atl' I~~ ~9/j:\iig 'I 1[1',11,
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Of~eer erred by revoking the buildlllg permit hc had issucd to thcm and by condu hlg'tili\t I\h~ I. Ii i I;' i
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e~?e IVio\ated the Zoning Ordinancc, Applicants arc incorrect in both of thcir c1airlH:i ,:\11 ~ 11'1 .\, i
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I :11 I' It ~s true that a building permit was issued. I (owcver, that buildiiJg permit e pir~'~ :Iqllg' j I ~ '1 t,,'
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drol'll A~plicants commenced erection of the fencc which is in questioll, Thus th ~OJlJI'lg 101 I
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i~,no\ need to revoke thc building Jennit. Applicants wcre not entitlei to cOllstn ct :the' fell<;e
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, Ith~ut qbtaining a new building p nnit. Morcover, it lIPpU"'; that the 'lbUildipg p n~it.wa lei'l
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s~l!ed on ~he basis of incolTeet or i '\complete informatiol1 pr0vided by 'hc ~PIPBC "\ 1~1;11~ ~ t
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I e,nbe!thel'1'pplicants erected did nil. comply with thc infol1l1ationthey I rov~dr.d'to th~'. ~14'11: lidl'
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I fficer. ]n either ofthosc evcnts, !:Ie Zoning Officer would have been bligltt;dl'tl'i'~'Y1~~Il'II\~
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~CSI\l1101IY produced III the hcal'ill~ bcfore this BOllnllhat thc fcncc ,ere ,ted b, Ap l\f~,::)i\,tl\f}'I,"1 :'::
!11aJ1 fiv:c fccl fl'OlIIlhc house of f\1r. IInd Mrs. Wcst. For that rcason thc fCIl~c. a. :e)!~'~it~~!i~~, , , : ~!, II
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:. ~.! ~I!l~ ~ase. Thc Zoning Officer vas COlTcct ill that conclusion und th'li s \3o<l';.I'C II (ImJ1:i ~~ ,'il~r"', I i" H
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i! i! AI' pplicants also sought,a variance. Howcvcr, thcy produced no cvide\1ge ~.o'~'\"1 'Ii' 'I ,lJ', .!.. !I'
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U.I I'u~b.n\ featUl'e of their property which prohibit thcm from develop in or IISlit~g iHj',i:~~ln ',!l~ ':: Ii
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'w.i. iilhlh~., Z.onitlg Ordinllncc. Evcft if the propcrty had such II fcatul'(~. oj\. pplicrlllS )ff1,:eJ(;:~".,)I I ill!
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listimony about any hardship rCJ'llting to thcm flOl1llhe strict application of Ihe FIOniW~l'dW i : :;,1': i
~~ t\leirproperty. AI bcst they sluwcd that, bccause of ill frclings bet~ccn thelll~clve'~' ~~~lt\! :' I: ,; I:
....i~e~I,fa.,mily. Applicants felt a large fcncc was inttlcir best interests. .wi ithout di~C~S~:\~.lg:!w: IIi! .' I:,t.
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.~en :fool fcnce would be uscful in harmonizing rclations bclwccn neigllbors, this oar~b~t\I'. I i I ! I
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:cpn:cIu~e that the abscnce of thc lence did not cause any hardship on (he Aljplic ni~ I.'~ tPf"e t .. i, !
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:reqpire~ by Zoning law 10 entitle thcm to a variance. I: 'I r, II': !I' I, \"
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.I:! It is difficult for the Zoning Ilcaring Board to have l1luch syml athy Jor A IRl~~~'il " !p: I II
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; API'pli9ants were warned their fc"cc did not comply with the ordinanrc aJ)dl thl\llh~i~ Ip;I~, 41i .1':' !:
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., I ;~er!nit ras no longer valid befor' thcy had completcd most of the work on Ihe f :IN~lliill ~": ,[ ! I.
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,to ignore Ihat warning and lhcy, 'lcrcforc, pl'Occcdcd al th(~'r own ris~ thcr4aT(~l.i ': \:l:~,,!ll. :! i ': '.'
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:;thal A phcants and the West fua .Iy do not gcl along bcller than thCY!dO, I ,owe. ~f'~'t!~!l'l~; i i'll ,:
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,6, The Applicants commenced construction of the fence after the building pmmit, with tIn'
extension granted by the Zoning officer, had expired.
7, Applicants erected the fence closer to the house of their neighbors than pennitted by the
Zoning Ordinance, The fence is located less than five feet from the house of the neighbors,
8, Applicants commenced construction by installing vertical poles for the fence. After the
poles were erected, and before the applicants completed any additional work, Applicants were
advised by the Borough that the fence, as it was being erected by Applicants, violated the Zoning
Ordinance. Applicants were specifically advised that their fence violated the Zoning Ordinance
because it was closer than five feet to the home of their neighbors and Applicants were specifically
directed by the Borough to cease construction,
9, Despite the notice received from the Borough, Applicants continued with construction
of the fence. Over a period of weeks they substantially completed that construction. At the time of
the hearing, which was approximately a year after the fence had been erected, the fence was
complete except for removal of approximately 2 feet from the poles above the line of the fence,
10. TIle owners of the property adjacent to Applicants' property, to which the fence is
located less than five feet, are Ben and Sue West of 351 Lowther Street in Lemoyne, Mr. and Mrs.
West appeared at the hearing before the Zoning Hearing Board and opposed the Appeal and
Application (If Applicants,
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building permit if it werll still in effect at the time Applicants erected the fence. Ills clear from the
testimony produced at the hearing before this Board that the fence erected by Applicants is less
than five feet from the house of Mr. and Mrs. West. For that reason the fence, as erected by
Applicants, violates Section 1023 of the Zoning Ordinance, The Zoning Officer concluded that to
be the case. The Zoning Officer was correct in thllt conclusion and tltis Board cannot reverse his
decision.
Applicants also sought a variance. However, they produced no evidence about any unique or
unusual feature of their property which prohibit them from developing or using it in compliance
with the Zoning Ordinance, Even if the property had such a feature, Applicants offered no
testimony about any hardship resulting to them from the strict application of the Zoning Ordinance
to their property. At best they showed that, because of ill feelings between themselves and the
West family, Applicants felt a large fence was in their best interests. Without discussing whether a
ten foot fence would be useful in harmonizing relations between neighbors, this Board can
conclude that the absence of the fence did not cause any hardship on the Applic.ants to the extent
required by Zoning law to entitle them to a variance.
It is difficult for the Zoning Hearing Doard to have much sympathy for Applicants' position.
Applicants were warned their fence did not comply with the ordinance and that their building
permit was no longer valid before they had completed most of the work on the fence, They chose
to ignore that warning and they, tllerefore, proceeded at their own risk thereafter, It is unfortunate
that Applicants and the West family do not get along better than they do. However, tillS Board, by
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PROCEEDINGS
(Sam Andes, Esq., is p:resent for
this hearing.)
CHAIRMAN GRAFFIUS:
The second issue
before the Zoning Hearing Board this evening is a
request of Paul Evans and Toni Evans for a
varianoe of Chapter 27, Article 10, General
Regulations, Section 1023, walls and fences.
The applicant desires relief to
construct the fence over the 6-foot high limit at
355 Lowther Street, Lemoyne Borough. All those
who are going to enter testimony this evening,
please stand and raise your right hand.
(Sworn en masse.)
Thank you.
CHAIRMAN GRAFFIUS:
Please be seated.
Mr. Evans, please begin. I would
again ask that you clearly identify yourself and
spell your last name.
MR. ZANKEL:
My name is Brett P.
Zartkel, Attorney at Law, representing Paul 'Evans
in this particular matter. The point of fact,
sir --
CHAIRMAN GRAFFIUS:
Spell 'Y'o11r name
/
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1 Office~ Williams, came out to their dwelling
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hous~ and inspeoted the house, looked at all the
3 setbacks and specific~llY instructed them as to
4
what type of fence could be constructed.
The
5 Evans have constructed a fence in between their
6 property and the adjoining property, next door
7 property, occupied by Ben and Sue West.
8
The fence in question is a wood
9
fence.
It's 6-foot tall and solid.
The finished
10 section is facing the West property, on top of
11 that is solid 6-foot hulk-high (phonetic).
12
It is not totally between.
I t only
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separates the two houses.
The fence does not
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extend beyond the front of the Evans'S house.
In
15 front of that fenae there is a short, 3 and half
16 foot tall lattice fence, which runs to the curb
17
lane.
And the house is surrounded by a similar
18
fenoe.
In fact I have a picture, three picture.,
19 which you can mark as Exhibits A, B, and c, which
20 demonstrate that. That is not a good picture of
21 the side fence. And the 4-foot top of the fence
22 on top of the 6-foot fence is a lattice, whioh i.
23 more than 50 percent open for privacy.
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subsequent to the erection of the
'---.
25 fence, Zoning Officer Howard Dougherty informed
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the Evans that he believed the fenoe was
nonoonforming with the zoning oode.
CHAIRMAN GRAFFIUSI
And that was at
what time?
What rlate'/
'MR. ZANKEL I
I have a letter of July
12, 1996, from Mr. Dougherty.
CHAIRMAN GRAFFIUSI
I'd like to have
that entered, please.
MR. ANDESI Are you going to have
somebody testify to all thi~?
MR. ZANKEL I
I hadn't really planned
to do that.
Do you want that testified tol
MR. ANDESI
We ought to have
somebody.
I mean you can oertainly outline what
you think the facts are, but we're going to have
to have somebody testify to it, so that it's a
matter of the record.
And at that time, what
we'll do is, if it's all right with you, we'll
mark these photographs as exhibits and we oan
mark a copy that letter as an exhibit.
But you
can go ahead and outline your position.
But we
really have to have testimony.
MR. ZANKEL I
I really need to have
these photographs back.
I do not have extra
copies.
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CHAIRMAN GRAFFIUS,
Then you hold on
to that letter for the time being, Coun.elor.
Let'. move on.
MR. ZANKEL, Mr. Evans, do you want
to apply testimony?
MR. EVANS, Yes.
EXAMINATION BY MR. ZANKELI
Q Will you please state your name for
the record?
A Paul E. Evans, Jr., P-a-u-l, E.,
12 E-v-a-n-s.
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Q Mr. Evans, please tell the Zoning
Hearing Board how you initially came to seek a
permit for this fence.
A I went to the Borough Hall and
talked to Mr. Williams. I asked him exactly what
fence I could put up at my home.
CHAIRMAN GRAFFIUS, As we're going
through this, we would appreciate it when you say
you went, if you did anything particular, if you
refer to a specific date. We need to establish a
Chronology here in our minds.
MR. EVANS, I would say to the best
of my recollection, I would say that the date of
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the permit, when it was originally discuesed to
be 10/27/94, I would say, within around -- I
don't remember exaotly if it was -- 10/27/94 is
on the permit, the application.
MR. ANDES, So eometime you think in
mid-October of 1994.
MR. EVANS, To my recollection, it
was -- I think when we went in for the permit, it
was either that same day or either we were in
there the day before and we got the permit the
next day. Something of that nature.
CHAIRMAN GRAFFIUS,
On or about.
MR. EVANS, Yeah. At that time, I
asked Mr. Williams what type of fence to put up,
what I could put up.
BY MR. ZANKEL,
Q Mr. Evans, did Mr. Williams come to
the house and inspect the area?
A
Yes.
As far as I know.
Q Prior to the issuance of this
permit?
A Yes. I can't say for -- I didn't
see him come to inspect my house. That I didn't
see. But he informed me of what -- because I
wanted to know what was the best fence I oould
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CHAIRMAN GRAFFIUS:
Please define
the problem.
MR. EVANS, Well, we put the post.
up. And I believe we got this letter here, to
the best of my recolleotion, I'm going to say
April 18, 1996.
CHAIRMAN GRAFFIUS, That's when you
started construotion on the fence?
MR. EVANS,
That's when we
started without looking at a calendar in front
of me. This is the 18th. It is probably a
Monday, Monday or Tuesday. We started
construction on a Saturday.
CHAIRMAN GRAFFIUS:
or about April 18, 1996?
So that was on
MR. EVANS,
Yes.
That's when you
CHAIRMAN GRAFFIUS,
began construction?
MR. EVANS, Yes.
CHAIRMAN aRAFFIUS, For your
testimony, that was when, in your words, problems
started?
MR. EVANS, Yes.
CHAIRMAN aRAFFIUS,
l~ow, define the
problem.
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CHAIRMAN GRAFFIUS'
That is the
letter from Mr. Dougherty?
MR. EVANS, Yes. When we put fenoe
up, then we started to receive oitations.
CHAIRMAN GRAFFIUS:
On or the about
the 18th, you began construction of the fence by
setting the posts?
MR. EVANS: Yes.
CHAIRMAN GRAFFIUS' By your
testimony, in your words, problems started.
Okay. There have been problems being defined as
within a couple days Mr. williams came to your
home and ordered you to cease and desist
construotion of the fenoe?
MR. EVANS,
Yes.
CHAIRMAN GRAFfIUS: Subsequent to
that, this is the date I need to know, tOOl you
decided upon advice of your wifti to continue
oonstruoting the fence?
MR. EVANS, Yes.
CHAIRMAN GRAFFIUS' And about when?
See if you can pin it down.
MR. EVANS, I would say
approximately the second week of June, third
week, maybe. Without looking at Bome paper.
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I mean the posts are out off.
CHAIRMAN GRAFFIUS, Then you
oonsider the top
top..
MR. EVANS,
No, the tops of the
fenoe have to be out off.
CHAIRMAN GRAFFIUS, At this time?
MR. EVANS, At this time.
CHAIRMAN GRAFFIUS, That is what is
standing?
MR. EVANS, The tops of the posts.
The 3 foot has to oome off the top of the posts
for the fence to be finished.
CHAIRMAN GRAFFIUS:
At this point,
the fence is 6 foot solid, 4 feet and 3 foot
above that until such time as it is finished by
reducing the overall height of the fence
MR. EVANS: By the posts. The posts
only. The posts of the fence.
Are you finished
CHAIRMAN GRAFFIUS,
with your testimony?
MR. EVANS: Pretty muoh, yes.
CHAIRMAN GRAFFIUS, We will
entertain questions. Anybody opposed of the
variance request does
have the right to ask you
questions.
1: do want
to state before we start
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any questions here th~t it is within the right of
zoning oommission to refuse to allow testimony to
be repetitive, redundant, and that is
inflammatory. And that will be done. Okay.
Counselor?
MR. ZANKELI I just wanted to state
for the purpose of this zoning hearing that it'.
our position that this partioular fenoe is in
oonformity with Rule 1023, speoifically Rule
Subsection 1023, Subsection 3; whioh states, Any
fence or wall unde~ rear or side yard may be the
maximum of 10 feet in height, providing that any
fence exceeding 6 feet in height shall contain,
open paren, 50 percent of that portion of the
wall of the fence exceeding 6 feet.
And I feel that the fenoe does
oonform with the rest of this fenoe eode.
HR. EVANS, As a matter of fact,
that's the exaot paragraph that Mr. Williams
shOWed me when we originally started thi..
CHAIRMAN GRAFFIUS, Hr. Barn..?
MR. BARNES, The same seotion" the
section of the code also requires, The minimum
setback requirements of side property setback of
the partioular distriot you're looated in i. a --
..____.n.......,'.
1 you're looated in a single r.sidential distriot?
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I would as.ume that's
2
MR. EVANS,
3 what it is.
4
MR. BARNES: And the side setback
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requirements, there are 5 feet.
Looation of the
6 fenoe, is it 5 feet from any building?
7
MR. EVANS, The fenoe itself is from
8 the -- from my house, it's 8 feet.
9
CHAIRMAN GRAFFIUS,
And the
10 conditions of the side of your house? The
11 olosest point from your house to the fenoe
12 including porohes.
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MR. BARNES: No, of the building.
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MR. EVANS,
It's 8 feet to the wall
15 of the house.
16
CHAIRMAN GRAFFIUS,
Does anything
17 stiok out to the side of your house towards the
18 fenoe?
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MR. EVANS, Yes, my poroh does.
20
CgAIRMAN GRAFFIUS, ,How far is the
21 .ide of your porch to the fenoe?
22
MR. EVANS' Probably 5 feet.
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CHAIRMAN GRAFFIUS:
Do you have a
24 plot plan?
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MR. EVANS,
It is attached to the
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MR. EVANS, No. He didn't ask me
for one.
MR. ANDES, Did you have a plot plan
of the lot that showed exaotly where your house
was and where the property lines were and where
the fence would be?
MR. EVANS, Not at that time, I
didn't.
No, he didn't ask for that.
MR. ANDES: Do you know what the __
MR. EVANS, I mean, I assume he went
and looked at the property. I asked him what I
oould do. He's the one that told me.
MR. ANDES, And he told you you
could build a wall that was 6 feet with 4 feet
above that as long as it was 50 percent.
MR. EVANS: That was his statement.
MR. ANDES, Did he ask you anything
about where your house was looated relative to
the lot line or anything like that?
MR. EVANS, No, sir.
MR. ANDES: Did you tell him
anything like that?
MR. EVANS, I didn't know to ask
anything like that.
MR. ANDES, The zoning map indioates
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this property is zoned suburban residential. Is
that correct, as far as you know?
MR. EVANS: Yes.
Mft. ZANKEL. Yes, sir. Certainly,
it would be if the map indicates that.
MR. ANDES, If I stand in Lowther
Street in front of your home, who's located to
the east of your house? Who owns that property?
Is it a single family residence, first of all?
MR. ZANKEL, Yes.
MR. EVANS,
Yes.
MR. ANDES, Who occupies that
residenoe to your knowledge?
MR. EVANS,
MR. ANDES,
MR. EVANS;
MR. ANDES:
Ben and Sue West.
What is their name?
Ben and Sue West.
Ben and Sue West.
And
how about on the other side to the west of your
property, to the west or the east, who is to the
west?
MRS. EVANS, Pam and Jeff Ritzel.
MR. ANDES: The fence, I take 'it, is
between you and the Westa?
MR. EVANS,
MR. ANDES,
Yes.
South would be aoross
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Lowther Streets a single family residenoe is over
there, or is that the field?
MR. EVANS: No. It's a single
family residence.
MR. ANDES,
What is behind your
property?
MR. EVANS, 83.
CHAIRMAN GRAFFIUS,
That'l!I Route 83.
MR. ANDES,
Off the reoord.
(Brief reoess from the reoord.)
MR. ANDES:
You've given us some
figures as to how far the fenoe is located from
the side of your house and how far it is looated
to the side of your porch. Did you aotua1ly
measure those?
MR. EVANS, Yes.
MR. ANDES, And you gave us a
distance from the fenoe to your neighbor'S house,
whioh I assume is the Wests. Did you aotually
measure that, or is that your best estimate?
MR. EVANS: Their house is
teohnically 4 feet right from the line.
An'd my
fenoe is Bet baok.
It's between -- it varie.s 7,
8 inches from the property line.
MR. ANDES: So the fenoe i. entirely
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~n your property. Is that right?
MR. EVANS, Yes. That was what --
we measured that.
MR. ANDES,
or minus, on your side?
MR. EVANS,
MR. ANDES:
And it's 8 inches, plus
Yes. On my side, yes.
Now, about these
photographs.
Did we ma~k the letter Exhibit
No. -. did we give that an exhibit number?
CHAIRMAN GRAFFIUS, The first letter
that was given would be No.4, the July 12. And
then the other letter dated April 18 will be No.
5 .
(Exhibit No.4, Letter dated
7/12/96, marked for Identifioation.)
(Exhibit No.5, Letter dated
4/18/96, marked for Identification.)
MR. ANDES: I'm going to mark these
I've marked this first one as
photographs.
Exhibit No.
1, that shows the fenoe.
Is that
c.orreot?
MR. EVANS, Yes.
(Exhibit No.1, Photograph, marked
for Identification.)
MR. ANDES, Now, looking at the
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CHAIRMAN GRAFFIUS,
That falls
within the realm of wbat I indicated before, eo
I'm going to disallow that.
MR. WEST' My point is there is a
little bit more to that story. Did the Borough
take you to the District Justioe for tbis?
MR. ZANKEL, Yes, that is correot.
That decision was appealed to Cumberland County
Court of Common Pleas. We prepared for a
hearing. An agreement was made between myself
and the Borough solicitor that we would put that
entire prooeeding to be held in obeyanoe pending
our final application before the Zoning Hearing
Board and pending resolution.
MR. WEST, Excuse me.
That was
after. they lost, and it was appealed to
Cumberland County.
MR. ANDESI That's what I said.
CHAIRMAN GRAFFIUS,
That's what he
said.
MR. WEST' Thank you.
CHAIRMAN GRAFFIUS, Ma'am?
MRS. WEST: I have a que.tion. My
name is Susan West. I'm the resident at 355
Lowther Street.
I would like the exaot distanoe
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neighborhood, the way it looks or anything else.
And I feel the way that it is
presently, it is going to alter my neighborhood.
Second off, I'd like to bring you to -- in the
same seotion. No.4. Also it states, If it
causes problems or any kind of damage to the
neighbor's property, I feel if I would try to the
sell my house that it would cause a problem. I
feel by the way it looks. I am quoting you from
the varianoe that if it is approved, I feel that
it is an eyesore to the neighborhood. I do not
feel that it is in compliance with regulations,
and that's where I stand with it.
CHAIRMAN GRAFFIUS,
Thank you.
MR. ANDES,
I have a question.
CHAIRMAN GRAFFIUS,
question, sir?
Counselor, your
MR. ZANKEL,
Mrs. West, do you have
a 6-foot tall wooden fence between your backyard
and the Evans' baokyard?
MRS. WEST, Yes, I do.
MR. ZANKEL,
And that fence is in
the tvans' backyard. That is oorrect? I believe
it is over the Evan'S backyard and is not within
your property?
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at the baok end of my house to four and a half
f.oot between the two houses, beoause there was
not enough clearance between the side poroh on
the Evans' house and my house. There was not
enough olearanoe on both people'. properties,
whatsoever, to put the 6-foot fence up.
So at the time, we decided not to go
to the expense of a 6-foot fence between the two
properties. We stopped it at the back end of the
house like we were required.
There is a fenoe
thore.
I have a pioture to show you, if you need
it.
So we were told, and that is why we
stopped it. When they oonstruoted their 10-foot
fenoe, it runs from the front of their kitohen
window to past my 6-foot fence. I think it is
one whole seotion past my 6-foot fenc& already.
CHAIRMAN GRAFFIUS, Parallel? Is
that what you mean by past?
MRS. WEST,
Yes.
CHAIRMAN GRAFFIUS,
So foX' that one
section, you have two fenoes side by Bide? '
MRS. WEST,
MR. ANDES,
Yes.
Four feet eight inohe.
apart?
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stress, I feel, on the Evans' family and
stress -- and there has been stress on my family.
~here'. b.en stress on the Borough for this
fenoe.
But the bottom line to me is they
did not follow the proper prooedures to put this
fenoe up. To me this fenoe is nothing more than
a spite f.ence. They don't like me. And quite
honestly, I probably don't like thsm.
CHAIRMAN GRAFFIUS,
We're not going
there.
there.
MR. WESTI Right. And I'm not going
To me this is a spite fenoe. If this
fenoe is passed, you send a message to me, ae a
resident cf Lemoyne, that I don't have to follow
ths prooedures of getting the permit and going
through the proper channels of putting up a
fence. I oan do my own thing. And then oome
here and then maybe you'll okay it.
CHAIRMAN GRAFFIUS,
Okay.
Thank
you.
Mr. Williams, would you plea.. oome
Up?
MR. ANDES, For the record, the
Board is going is oall as its own witness, the
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59
Lemoyne Building In.pector. And Mr. William., we
will put you under oath and you oan te.tify.
ROBERT WILLIAMS, haVing been duly
sworn, was examined and testified ..
follows,
MR. WILLIAMS, The question i. that
you reoeived permission to put the fenoe up for
the permit. You said that you oalled __
CHAIRMAN GRAFFIUS, Mr. William.,
direot your testimony to us.
MR. ANDES, Let me interrupt a '
Let me ask you a few questions ju.t to
seoond.
get the reoord.
What's your full name?
M.l. WILLIAMS, Robert A. William., '
Sr.
MR. ANDES, And Mr. Williams, it'.
true that you are the building inspeotor and the
~oning offioer for the Borough of Lemoyne?
MR. WILLIAM, One of them, Y.',
MR. ANDES, And you are a resident
of Lemoyne?
MR. WILLIAMS,
That's right.