HomeMy WebLinkAbout10-2971i
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Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Attorney ID No. 47077
(717) 697-8528
Solicitor for Middlesex Township
BOARD OF SUPERVISORS OF IN THE COURT OF COMMON PLEAS OF
MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA
Appellant
V.
: NO.2010 -
MIDDLESEX TOWNSHIP ZONING
HEARING BOARD,
Appellee LAND USE APPEAL
NOTICE OF LAND USE APPEAL
Appellant, the Board of Supervisors of Middlesex Township, by its Solicitor, Keith O.
Brenneman of Snelbaker & Brenneman, P.C., files this Land Use Appeal Notice from a
decision of the Middlesex Township Zoning Hearing Board pursuant to Sections 1002-A and
1003-A of the Pennsylvania Municipalities Planning Code (53 P.S. § 11002-A and § 11003-A)
and in support thereof states the following:
1. Appellant is the Board of Supervisors of Middlesex Township, the governing body
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
of Middlesex Township, a township of the second class located in Cumberland County,
Pennsylvania, with an office at 350 North Middlesex Road, Carlisle, Pennsylvania.
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2. Appellee is the Middlesex Township Zoning Hearing Board, a quasi-judicial
administrative body of the Township of Middlesex with an office located at 350 Middlesex
Road, Carlisle, Pennsylvania.
3. On January 6, 2010 Leo D. Raudabaugh and Fine Line Auto Body ("Applicants")
submitted an Application For Hearing before the Middlesex Township Zoning Hearing Board
seeking, inter alia, a special exception and a variance with respect to Applicants' proposed use
of a 2.26 acre property located on the north side of Trindle Road (the "Property") as a vehicle
repair garage.
4. On March 18, 2010, Applicants submitted a revised application to the Zoning
Hearing Board requesting the following relief under the Middlesex Township Zoning
Ordinance (the "Zoning Ordinance") with respect to the Property:
a. A special exception pursuant to Zoning Ordinance Section 9.04.m.
for purposes of allowing the operation of a vehicle repair garage;
b. A special exception pursuant to Zoning Ordinance Section 14.21
for purposes of allowing the operation of a vehicle rental agency; and
c. A variance from Zoning Ordinance Section 14.46.B.3, which Section
requires storage of disabled vehicles within completely enclosed
buildings.
5. On April 14, 2010, a hearing on Applicants' revised application was held before
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Appellee.
2
6. On or about April 14, 2010 Appellee issued a written decision granting Applicants'
requests for special exceptions as well as Applicants' request for a variance from Section
14.46.B.3 of the Zoning Ordinance. A true and correct copy of the written decision of the
Zoning Hearing Board dated April 14, 2010 is attached hereto and incorporated by reference
herein as "Exhibit A".
7. Appellee's decision dated April 14, 2010 was arbitrary and capricious, an abuse of
discretion, not supported by substantial evidence and contrary to the law with respect to the
grant of a variance from Section 14.46.B.3 of the Zoning Ordinance for the following reasons,
among others:
a. There are no unique physical circumstances or conditions of the
Property;
b. No unnecessary hardship exists due to unique physical circumstances
or conditions of the Property;
C. The Property can be developed and used in strict conformity with
the provisions of the Zoning Ordinance;
d. Authorization of the variance was not necessary to enable reasonable
use of the Property;
e. Any hardship or unnecessary hardship was created by the Applicants;
f. The variance granted will alter the essential character of the neighborhood
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
and zoning district;
3
g. The variance granted will substantially or permanently impair the
appropriate use and development of adjacent property;
h. The variance granted will be detrimental to the public welfare;
i. The Applicants failed to produced any evidence justifying the grant of
a variance pursuant to Section 18.06.A of the Zoning Ordinance; and
The Appellee failed to make findings and, due to the absence of
evidence in the record, cannot make the findings necessary for the
grant of a variance pursuant to Section 18.06.A of the Zoning
Ordinance.
WHEREFORE, the Board of Supervisors of Middlesex Township requests this Court to
reverse the decision of the Middlesex Township Zoning Hearing Board dated April 14, 2010
with respect to the grant of the variance pursuant to Section 14.46.B.3 of the Zoning Ordinance.
SNELBAKER & BRENNEMAN, P. C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
By:
,!/lam,-____
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: May 4, 2010 Solicitor for Middlesex Township
4
DECISION OF
MIDDLESEX TOWNSHIP ZONING HEARING BOARD
APPLICANT'S NAME:
APPLICANT'S ADDRESS:
OWNER'S NAME:
OWNER'S ADDRESS:
PROPERTY LOCATION:
CASE NUMBER:
Fine Line Auto Body
1412 Trindle Rd., Suite 500, Carlisle, PA 17013
RSJ Holdings
1450 Trindle Rd., Carlisle, PA 17013
Lot, north side of Trindle Rd., Carlisle, PA 17013
(Tax Parcel No. 21-08-0575-01 OC)
10-1
DATE OF APPLICATION: January 6, 2010, amended March 17, 2010
DATE OF HEARING: April 14, 2010
DATE OF DECISION: April 14, 2010
BOARD MEMBERS: William Shover, Jr., Acting Chairman, Curtis Barnett, Dwayne
Kohr. Alternate member took part in the hearing but did not vote.
DECISION
1. The Applicant's request for a special exception to operate a Vehicle Repair Garage on the
subject property pursuant to Section 9.04.M of the Zoning Ordinance is granted subject to
the condition that the Applicant comply with all applicable federal, state and local laws,
rules, and regulations.
2. The Applicant's request for a special exception to operate a Vehicle Rental Agency on the
subject property pursuant to Section 14.21 of the Zoning Ordinance is granted subject to
the following conditions:
a. A maximum of 15 rental vehicles may be located on the property.
b. The Applicant shall comply with all applicable federal, state and local laws,
rules and regulations.
3. The Applicant's request for a variance to Section 14.46.B.3 of the Zoning Ordinance to
permit the location of dismantled and/or disabled motor vehicles on the subject property
outside of a completely enclosed building is granted subject to the following conditions:
EXHIBIT A
a. A maximum of 15 dismantled and/or disabled motor vehicles may be located
on the subject property outside of a completely enclosed building.
b. No dismantled and/or disabled motor vehicle may be kept on the subject
property outside of a completely enclosed building for more than 30 days.
c. The location of dismantled and/or disabled motor vehicles on the subject
property outside of a completely enclosed building is restricted to parking spaces numbered
23 through 45 as shown on the Applicant's Preliminary/Final Land Development Plan
(Exhibit A-2).
d. The Applicant shall comply with all applicable federal, state, and local laws,
rules, and regulations.
MIDDLESEX TOWNSHIP
ZONING HEARING BOARD
By.
William Shovej,-*Y., Acting Chairman
NOTICE: ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING
HEARING BOARD MAY APPEAL TO THE COURT OF COMMOM PLEAS OF
CUMBERLAND COUNTY. THE APPEAL MUST BE TAKEN WITHIN THIRTY
(30) DAYS FROM THE DATE OF THIS DECISION.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Notice of Land Use Appeal to be served upon the
persons and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Leo D. Raudabaugh
Fine Line Auto Body
1412 Trindle Road, Suite 500
Carlisle, PA 17015
Applicants
Michael Rundle, Esquire
13 North Hanover Street
Carlisle, PA 17013
Solicitor, Middlesex Township
Zoning Hearing Board
Middlesex Township Zoning Hearing Board
350 North Middlesex Road
Carlisle, PA 17013
RSJ Holdings
1450 Trindle Road
Carlisle, PA 17015
Kurt E. Williams, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Road
Suite 1
Carlisle, PA 17015
SNELBAKER & BRENNEMAN, P. C.
it k?"
Date: May 4, 2010
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Middlesex Township
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BOARD OF SUPERVISORS OF
MIDDLESEX TOWNSHIP
Vs. : No. 10-2971 CIVIL TERM
MIDDLESEX TOWNSHIP ZONING
HEARING BOARD
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
SS.
TO: MIDDLESEX TOWNSHIP ZONING HEARING BOARD
We, being willing for certain reasons, to have certified a certain action between
BOARD OF SUPERVISORS OF MIDDLESEX TOWNSHIP 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 to be done according to the laws and Constitution of this
Commonwealth.
WITNESS, The Honorable HESS our said Court, at Carlisle, PA., the 4th day of May
2010.
Davi D. Buell, othon ary
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Keithj, O. Brenneman, Esquire
Snelh'aker & Brenneman, P.C.
44 West Main Street
Mecl~lanicsburg, PA 17055
Attorney ID No. 47077
(717)697-8528
'1~'L
BOA~ZD OF SUPERVISORS OF
MIDIpLESEX TOWNSHIP,
Appellant
v.
MIDi)LESEX TOWNSHIP ZONING
HEAtZING BOARD,
Appellee
and
FINE LINE AUTO BODY, LLC and
LEO D. RAUDABAUCH,
Intervenor
TO TIE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2010-2971
LAND USE APPEAL
PRAECIPE
Please mark the above Land Use Appeal discontinued and withdrawn by Appellant Board
of Supervisors of Middlesex Township upon your docket and indices.
SNELBAKER & BRENNEMAN, P. C.
LAw o~icEs
SNELBAKER EC
BRENNEMAN. F.C.
Date: July 9, 2010
B ,i.
Y•
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Appellant Board of Supervisors
of Middlesex Township
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
James Hughes, Esquire
Kurt E. Williams, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Road
Suite 1
Carlisle, PA 17015
Michael Rundle, Esquire
13 North Hanover Street
Carlisle, PA 17013
Solicitor, Middlesex Township
Zoning Hearing Board, Appellee
By:
Date: July 9, 2010
SNELBAKER & BRENNEMAN, P. C.
I~~_
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Solicitor for Middlesex Township
LAw or~icEs
SNELBAKER EC
BRENNEMAN, P.C.