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HomeMy WebLinkAbout00-05324 " Appellants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5324 ARTHUR AND CATHY CAMPBELL, v. CIVIL ACTION - LAW THE BOROUGH OF WORMLEYSBURG, (LAND USE APPEAL) Appellee NOTICE OF INTERVENTION The Borough of Wormleysburg hereby intervenes in the above-captioned matter pursuant to 53 P.S. !l11004-A. Respectfully submitted, Dated: August 10, 2000 ave De~ ce Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lernoyne, PA 17043-0109 Telephone (717) 761-4540 Solicitor for The Borough of Wormleysburg By: :137147 ',,"'7""', '. ,_",,0,", -'~, .;" -,_,"",,'__"". "',' ",.~, '-' _.' " " ~ ,,, " ,- . - . .., , . . CERTIFICATE OF SERVICE I, Dave W. Deluce of the law firm of Johnson, Duffie, Stewart & Weidner, Solicitor for the Borough of Wormleysburg do hereby certify that I served a true and correct copy of the Notice of Intervention by United Stated Mail, first class, postage prepaid, upon the person listed below: William C. Kollas, Esquire KOllAS AND KENNEDY 1104 Fernwood Avenue Suite 104 Camp Hill, PA 17011 Attorney for Arthur and Cathy Campbell Charles H. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070 Solicitor for Wormleysburg Borough Zoning Hearing Board By: DATED: August 10, 2000 ,,,v ':, "~"~"~"~;", . "'," ~. o""'i'~!",,,",1 ","" ',,'-,J',l" "',,' ,.'" \ ' , , I ~~,'~" ~,~,- ~7'~ -" >~.. ~ ,"~",,.,~ ~. . () = 0 c 0 ----;] s:: "'" ~~ -ot;:::J C ~" mrn Z::o (;-) --;, 0;:::0,.; ZS;: '-,:1"-1 tTl -:-=-j,:::J ~~:: ;:;'1(J) GO 'i;: "" 'T"-r; ZG :J: ~)f~ -0 \.D ?~rn >-c '-' ~ :::> ~ j"J \0 -< 'W!)t!1ii!iI'l1~~fiQ1!!!W'fIl1i!<!~~r~lIlnlJll.llll,ll!!IIl'IJlI~'~" ~~~ '~!,'~'; IN RE: APPEAL OF ARTHUR AND CATHY CAMPBELL FROM THE DECISION OF THE WORMLEYSBURG ZONING HEARING BOARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. 06 -53;)LJ c2utJ LAND USE APPEAL NOTICE LAND USE APPEAL NOTICE AND NOW, come the Petitioners, ARTHUR and CATHY CAMPBELL, by and through their attorneys, KOLLAS and KENNEDY, and aver the folloWing on support of this petition: 1. Jurisdiction in this Court is based on Pa.RAP. 1501(a)(1) and/or Pa.R.A.P. 1501(a)(2) with reference to 53 P.S. 911001-A, et seq. 2. Petitioners, Arthur and Cathy Campbell, are adult individuals with a residence at 324 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Respondent is the W onnleysburg Zoning Hearing Board, which is located at 20 Market Street, Wonnleysburg, Cumberland County, Pennsylvania. 4. Petitioners own real property located at 500 & 502 North Front Street, W onnleysburg, Cumberland County, Pennsylvania, hereinafter the "property.". 5. In or around March 2000, Petitioners entered into discussions with Mr. Bruce Ensor, agent for Nittany Links, Inc., with the intention ofleasing said property to Nittany Links, Inc., hereinafter "Nittany." "fill' ---.,. 6. In a letter dated Apri112, 2000, Mr. Gary W. Beresford, Zoning Officer for Wormleysburg, denied Nittany's request to locate its business on the property. A true and accurate copy of said letter is attached hereto as Exhibit" A." 7. Because Nittany would not lease the property without proper authorization, Petitioners appealed the letter of denial to the W ormleysburg Zoning Hearing Board, which held a hearing on the matter on May 30, 2000. 8. In its Decision adopted on July 10, 2000, the Wormleysburg Zoning Hearing Board denied Petitioners appeal and upheld the Zoning Officer's letter of denial. A true and accurate copy of that Decision is attached hereto as Exhibit "B." 9. Petitioners object to the Decision of the Wormleysburg Zoning Hearing Board because the evidence presented established that Petitioners' property is legally fit for the use intended by Nittany. 10, Petitioners object to the Decision of the Wormleysburg Zoning Hearing Board because the Board erred as a matter oflaw in defining "professional office" under ~502 (6) of the W ormleysburg Zoning Ordinance so as not to include the intended use of the property by Nittany. 11. Petitioners object to the Decision of the Wormleysburg Zoning Hearing Board because the Board abused its discretion in defining "professional office" under ~502 (6) of the W ormleysburg Zoning Ordinance so as not to include the intended use of the property by Nittany, 2 "'<,'~ WHEREFORE, Petitioners, Arthur and Cathy Campbell, demand that this Honorable Court vacate the Decision of the Wormleysburg Zoning Hearing Board and hold that Petitioners' intended use of their property is permitted. RESPECTFULLY SUBMITTED: / /;~~ William C. Kollas, Esquire Supreme Court J.D. No. 06341 KOLLAS AND KENNEDY 1104 Femwood Avenue Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PETITIONERS DATED:::;:/lJ /oC? 4 " ^ " .. ~ F-OtJNDF,D 1815 INCORPORATED 1808 BOROUGH OF WORMLEYSBURG 20 MARKET STREET WORMLEYSBURG, PA.17043-1396 (717) 763-4483 April 12, 2000 C@PV Bruce Ensor 1024 Teekwood Lane Enola, PA 17025 Certified #Z088308494 0: Request for Zoninq-occupancy Permit for an Internet' Network office at 500-502 N. Front street Parcels #47-19-1588-0S4A & 055 Dear Mr. Ensor: After review of your application information; review of the recommendation of the Wormleysburg Borough Planning Commission and consultation with the Borough's Solicitor; I am disapproving your request to locate your business, Nittany Link, and your proposed tenant, Consumer Credit Counselinq Service, at the location of 500-502 North Front street. Both busines~ are not permitted used in the R-1 Residential District of our Borough as listed in Section 502 of the Borough's Zoning' Ordinance; or, a Conditional Use as listed in Section 503. You may appeal my determination to the Wormleysburq Borough Zoninq Hearing Board by submitUng the grounds for your appeal in writing to this office within thirty (30) days of the date of this notice accompanied by an administrative fee of $150.00 and a lXlnd of $200.-00 payable to the "Borough of Wormleysburg." Any unused portion of the bond will be return.a after the hearing. upon receipt of four written appeal and required fee and bond, a Public Hearinq w~ll be scheduled. sincerely, Bo:rouqh O~, ~~~rYSbu:rg Gary W~~SfOrQ Zoning Officer Copy to: Arthur Ie Cathy Campbell File Certified f/Z088308495 ./ EXHIBIT I \\ A" "~I<l'~_ '" mls\chs\wormc~mpopn\7-00 IN THE MATTER OF THE APPLICATION OF ARTHUR AND CATHY CAMPBELL BEFORE THE ZONING HEARING BOARD OF THE BOROUGH OF WORMLEYSBURG DECISION OF THE WORMLEYSBURG ZONING HEARING BOARD This matter involves the" appeal of Arth~r .ar:d C2..thy Campbell from the denial by the Zoning Officer of their application to allow the use of their property at 500-502 North Front Street,Wormleysburg, by tenants identified as Nittany Link, Inc. and Consumer Credit Counsel- .. ing Service of Harrisburg, York and Carlisle. This property is located in the R-l Residential District. Appellants contended that the pro- posed uses fall within the definition of "office professional" as set forth in Section 502 ?f the Zoning Ordinance. The Zoning Officer disagreed, ~enied the request, and this appeal followed. Pursuant to the ordinance, the matter was duly advertised and a public hearing was held at the Wormleysburg Bbrough Hall on Tuesday, May 30, 2000, at 5:30 P.M. All of the members of the Board were present and voting. At the hearing it appeared that the counseling service will not be a tenant of the appellants, at least for the time being, so the argument centered on whether or not Nittany Link, Inc. would be maintaining a "professional office" as defined in the ordinance. -1- EXHIBIT I "5" -',,":II"!- "' There was much testimony as to the nature of Nittany's business, to the effect that it would have few employees, would generate virtually no vehicular or pedestrian traffic, and would be scarcely noticeable in the neighborhood. In the view of the Board, this does not make it a "professional office," which in the ordinance is defined as "a building or portion thereof used for the carrying on of a practice of a p~of~8sion to include physicians, surgeons, osteopathic physicians, chiropractors, dentists, chirodists (sic), landscape architects, architects, engineers, accountants, attorneys, real estate brokers, insurance agents or city planners entitled to practice under the laws of the Commonwealth of Pennsylvania." Appellants' counsel argued strenuously, and ably, that the proposed use - which involves sophisticated technical services to computer users - constitutes a "profession." Unfortunately, no legal authority wa.s cited to support this proposition. A "profession," to most people, implies a calling which is regulated in some way by a governmental authority, as are all those listed in the definition set forth in the ordinance; it so seemed to the Board. It also appeared to the Board that what the appellant was asking for would in reality be a rezoning of the present R-l zone along Front Street to allow high grade business and commercial uses. Such a change of zoning might or might not be a good thing for this community, but that is not for this Board to say, or to do. -2- " ,~.~ ,,'or I r Appellant further argued, and presented testimony to support the point, that the enforcement of the ordinance in this portion of the R- 1 zone facing Front Street has been lax and permissive in that other non-professional offices are already in full operation there. Even if that be so, and we do not say that it is or is not, that is no reason and no justification for our granting this request and for compounding mistakes which may already have been made. After due discussion and deliberation, a motion was made, seconded, and unanimously carried, denying the appeal and affirming .. the action of the Zoning Officer. The Board reserves the right to issue a further opinion, contain- ing formal findings of fact and conclusions of law, should an appeal be taken from this decision. WORMLEYSBURG ZONING HEARING BOARD #~A' 'zNlk~ By DATED: 7 ~ / ~ - () {) -3- --;..~ CERTIFICATE OF SERVICE I, Carole A Rose, ofthe Law Offices ofKollas and Kennedy, hereby certify that I have this ~\ ~'< day of ~~ ' 2000, served a true and correct copy of LAND USE APPEAL NOTICE by deposltm same m the Umted States mall, first class, postage prepaId, addressed to the following: Wormleysburg Zoning Hearing Board 20 Market Street Wormleysburg, P A 17043 LAW OFFICE OF KOLLAS AND KENNEDY ~Lt CL- ~SC BY: Carole A Rose 1,1 ,- I" Z 3'39 .0 b 4 b 7 0 US Postal Service Receipt for Certified Mail No, Insurance Coverage Provided. Do not use for International Mail See reverse nlto Certified Fee Special Delivery Fee Restricted DeI\'11911 Fee on ~ Return Receipt Showing to .,... Whom & Date Delivered 'a Return Receipt Showing to Whom, c:( Date, & Addressee's Address ~ TOTAL Postage & Fees ~ Postmark or Date E o "- <IJ a. $ .. ----.-----.,.. ~~-'",- '___ ".' ""d______" ~',~":'P,-,~-- -- "'W'!I'll ~ ... ~ IN RE: APPEAL OF ARTHUR AND CATHY CAMPBELL FROM THE DEX::ISION OF THE WORMLEYSBURG ZONING HEARING BOARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5324 CIVIL TERM WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) 55. COUNTY OF CUMBERLAND) TO: ARTHUR AND CATHY CAMPBELL We, being willing for certain reasons, to have certified a certain action between ARTHUR AND CATHY CAMPBELL -VS- WORMLEYSBTlRG ZONTNG HEARTNG BOARD pending before you, do cmmand 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 Corrrnon Pleas at Carlisle, within ?O days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable our said Court, at Carlisle, Pa., the 31st day of July, ll!k 200(1 , r~-e,~,',': ,P, ono --: ,:,-, i \ ,~" 141A\ , ' ~ """~",.""'"