HomeMy WebLinkAbout04-4889SCOTT D. WAGNER and ) IN THE COURT OF COMMON PLEAS
CHARLEEN P. WAGNER, ) OF CUMBERLAND COUNTY,
Appellants ) PENNSYLVANIA
)
vs. ) NO. 2004" q~tO~ CIVIL TERM
)
ZONING HEARING BOARD OF ) CIVIL ACTION - LAW
MECHANICSBURG BOROUGH, )
Appellee ) LAND USE APPEAL
NOTICE OF APPEAL
AND NOW comes the Appellants, SCOTT D. WAGNER and CHARLEEN P.
WAGNER, by and through their attorney, Michael L. Bangs, Esquire, and appeal as follows:
1. Appellants, Scott D. Wagner and Charleen P. Wagner, are adult individuals who own
property at 525 and 531 Locust Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Appellee is the Zoning Hearing Board of Mechanicsburg Borough.
3. Steven F. Cadwallader ("Cadwallader") filed an application for variances from
Chapter 27 of the Section 1404.2.A, 1404.2.B, and 1404.1 .B of the off-street parking
requirements of the Mechanicsburg Borough Code for the properties located at 526 and 530 East
Main Street docketed to No. 2004-5 of the Mechanicsburg Zoning Board ("Application").
Attached hereto and marked as Exhibit A is a true and correct copy of the Application,
4. Appellants are adjoining property owners in that their residence and an apartment
unit is located directly across from the subject property and consequently they have standing to
raise this appeal.
5. Cadwallader is the owner of 526 East Main Street and operates a business known as
"Aatobodies by Lucas, Ltd." on that site. Autobodies By Lucas, Ltd. has an option on an
Agreement of Sale for the purchase of 530 East Main Street.
WAGNER LUCAS AUTO BODY APPEAL / DISK 73
B. Cadwallader and/or Autobodies By Lucas, Ltd., failed to prove that
there is an unnecessary hardship of conforming to the Mechanicsburg Borough
Zoning Ordinance or that there are unique circumstances present on the property
that would prohibit him/it from conforming with the Mechanicsburg Borough
Zoning Ordinance.
C. There is nothing unique about the property that would require
variances to the Mechanicsburg Borough Zoning Ordinance.
D. There is insufficient evidence to show that there are any unique
physical conditions of the property that would require the variances as requested.
E. Cadwallader and/or Autobodies By Lucas, Ltd., currently uses part of
the subject property for operation of his/its auto body repair business and the
variances are not necessary for him/it to continue to operate as an auto body repair
business. Rather, the variances are only needed for him/it to expand the auto
body repair shop which is not sufficient reason to grant the variances.
F. The variances requested are not necessary to enable Cadwallader
and/or Autobodies By Lucas, Ltd., reasonable use of the property in that he/it is
already using the property for the intended use, namely an auto body repair shop,
and the requested variances are only made to enable him/it to expand and enlarge
the current operation which is not a hardship of the property itself. Rather, it is a
hardship created by his/its requested use alone.
11. Cadwallader and/or Autobodies By Lucas, Ltd., failed to carry his/its burden of proof
under Pennsylvania law and the standards and criteria set forth in the Mechanicsburg Borough
WAGNER LUCAS AUTO BODY APPEAL ] DISK 77
Zoning Ordinance entitling him/it to a grant of his/its variance requests under Sections 1404.2.A
and 1404.2.B. Consequently, Appellee abused its discretion in granting these requests for relief.
WHEREFORE, Appellants request the Court to set aside the decision of Appellee and
deny Cadwallader and/or Autobodies By Lucas, Ltd.'s Application for variances of the off-street
parking requirements under the Mechanicsburg Borough Zoning Ordinance.
Respectfully submitted,
MICHAEL L. BANGS
4A~ t; rsnoeuYt hf°lr[ t AhP sP ~2} ~a~ t s
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
4
WAGNER LUCAS AUTO BODY APPEAL / DISK 77
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing NOTICE OF APPEAL
by deposit'mg a copy of same in the United States mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed to the following:
Zoning Hearing Board of Mechanicsburg Borough
c/o Cliff Ressler, Borough Zoning Officer
36 West Allen Street
Mechanicsburg, PA 17055
Marlin R. McCaieb, Esquire, Solicitor
219 East Main Street
Mechanicsburg, PA 17055
Steven F. Cadwallader
1020 W. Chocolate Avenue
Hershey, PA 17033
Autobodies By Lucas, Ltd.
c/o Steven F. Cadwallader
526 East Main Street
Mechanicsburg, PA 17055
~WENDY S?)CHESBRO
Legal Assialant
5
BOROUGH OF MECI-IANICSBURG
2 WEST STRAWBERRY ~ N MARKET
MECHANICSBURG, PA 17055
APPLICATION FOR VARIANCE OR SPECIAL EXCEPTION
Application For: Lucas Auto Body
No:
Variance: x
Special Exception:
2. Property Location: 526 & 530 East Main Street
3. Applicant: Steven F. Cadwallader
Address: 1020 w. Chocolate Ave., Hershey, PA 17033 Phone: (717) 566-4651
4. Agent or Attorney for Applicant: Erdman Anthony Aaeociates - Ron Stephens
Address: 3 Cromsgate Drive, Suite 100 Phone: (717) 766-1741
Mechanicsburg, PA 17050-2459
5. Existing Zoning: C-G Commercial General
6. The Special Exception Sought is per Section N.A. of the
Zoning Ordinance; The Variance Sought is from the Provisions of Section See attached response to item 7.
7. Proposed Use or Improvement Requiring Variance/Special Exception (State in detail
what you propose to do that requires a variance or special exception):
See Attached
-1-
7. Proposed Use or Improvement Requiring Variance.
The lots at 526 and 530 East Main Street (EMS) will be combined and the buildings on
530 EMS will be removed. The building and use on 526 EMS, an existing autobody
shop, will be expanded as shown on the accompanying sketch. The two buildings will be
wrapped in a new facade making them one building. Traffic and the service process flow
will be directed from Main Street towards the Alley and Norway Street. Both lots are
non-conforming as to the amount of impervious cover (combined 92.9%). This proposal
improves the amount of cover to 84.5%. Both lots are non-conforming as to
encroachment into the setbacks. This proposal does not worsen the encroachments. The
lot at 526 EMS is non-conforming as to parking. Lot 530 EMS could be said to conform
to the required parking. The proposed layout, which combines the two lots, can
accommodate the required parking by:
18 spaces are inside the building - 11 in the 1 l work bays, 2 in the
Inspection Receiving Area and 4 in the Utility Garage Area.
· 5 spaces are parallel parking measuring 22' long by 8' wide (allowed by
ordinance 1404.1.B).
* 9 spaces are Compact measuring 17' by 8' (40% of outside parking is 9
spaces) allowed by ordinance 1404.1 .E,
· 7 spaces are standard 18' by 9' and one (1) being designated as handicap.
This totals 40 the required amount.
Relief is needed for the following:
A. Ordinance section 1404.2.A - All parking spaces and access drives shall
be located at least five (5) feet from the building.
B. Ordinance section 1404.2.B - All parking spaces and access drives shall
be at least five (5) feet from any exterior lot line,
C. Ordinance section 1404.1 .B - 90 degree parking should back onto a 24'
aisle and 60 degree parking should back onto an 18' aisle.
8. Hardships or Special Reasons for Request.
The service being provided and the workload being experience and projected require the
building size that is being proposed. Keeping the building size as proposed, the required
amount of parking cannot be obtained if the 5' setback is maintained. Also, this is an
existing condition. The flow of traffic is directed "one way" from west to east (Main
Street to Norway Street) the travel way width at the 60 degree parking is 15' and at the 90
degree parking varies between 18' and 22'. The applicant's experience with this existing
facility and other similar facilities that they manage indicates that the proposed forty (40)
spaces and travel way widths are more than ample for their employees and customers.
8. Hardships or Special Reasons for Request:
See Attached
9. Present Use of Property: Auto Body Repair/Vacate Gas Station
Present Property Owner: Steven F, Cadwallader
Address of Present Property Owner: 1020 West Chocolate Ave.
Hershey, PA 17033
Attach Copy of Present Deed.
Attach Copy of Other Documents, if any, evidencing Applicant's Interest in the Property
(Contract of Sale, Etc.)
10. Property Size: Lot Dimensions (Specify Frontage and Depth)
FRONT: 240' DEPTH 95' REAR 247' DEPTH 108'
Area (Square Feet and Acres): Combined 24,654 sf - 0.57 ac
11. Percentage of Lot Now Occupied By Buildings: Combined 23.7:[
12. Buildings Now on Lot (Give the following information for each existing building.
Use separate sheet if necessary):
Type: See Attached Sketch
Dimensions:
Length: Width:
Height:
Total Sq. Footage:.
Number of Rooms:
13. Width or Depth of Yards in Feet:( distance from property line to nearest point of
building):
Front: 28.80' Rear: 13.60' Side: 10.98' ~]~..t 75'
Main St. Norway St.
14. Attach Plan Showing Location of Existing and Proposed Buildings and Dimensions
of Property.
15. How will the Tract be Serviced for:
Water: Public
Sewage: Public
-2-
16. Names and Addresses of All A{oining Property Owners:
Barry ?, & Carol A. WriRht
526 Main Street
Scott D. & Charleen P. Wagner
525 & 531 Locust Street
Helen R. Wood
515 Locust Street
understand that false statements herein are made subject to the penalties of
8 PA C. S. Section 4904 relating to unswom falsification to authorities.
Date:
(Applicant's Signature)
(Applicant's Signature)
(Please complete all blanks - Application will not be accepted otherwise.)
Fees Collected:
VarianceS_
Payment received by:
Special Exceptions
Date:
-3-
APPLICANT NOT TO WRITE BELOW THIS SPACE
Action of Zoning Hearing Board:
__ Approved
__ Approved with conditions
__ Disapproved
COMMENTS:
Chairman, Zoning Hearing Board
2 West Strawberry at N, Market Street / Mechanicsburg, Pennsylvania 17055-6282
Telephone: 691-3310 / 891-3315 / Fax: 691-3312 / MechanicsburgBorough@yahoo. com
JONATHAN S. STOUGH
Borough Manager
I have received a copy of Resolution No. 10-84 and understand that I must pay all cost
over and above the $200.00 deposit that I made at the time of application to the
Meehanicsburg Zoning Hearing Board for a variance or special exception for a property
located in a Residential District.
Name Date
"THE BOROUGH OF MECHANICSBURG - A GOOD PLACE TO LIVE"
ERDMAN
ANTHONY
SUBJECT
OWNER
DATE ~'/- /~ ~ CKD DATE SHEET OF
'~-')/~ ~'~-.I ~-~,~____. C,'~/ ~~[~ ~ SUB-SHEET NO.
PROJECT NAME ~ ~ ~0 ~ ~ ~0 ~A ~
Parcel No. 17-23-0563-002
SPECIAL WARRANTY DEED
THIS DEED is made the 30~' day of September, 1998.
BETWEEN WILLIAM R. WHITE and CRYSTAL H. WHITE, husband & wife, of 300
Hollowbrook Dhve, Carlisle, Cumberland County, Pear~sylvarfia 17013, Parry of the First Part,
GRANTOR,
-AND-
STEVEN. F. CADWALLADER and LEE ANN CADWALLADER, husband and wife, of
315 Hollowbrook Drl.'ve, Carlisle, Cumberland Cotmty, Pennsylvania 17013, Parry of the Second
Part, GRANTEE,
WITNESSETH, That the said GRANTOR for and in consideratio~, ,~,r ;~,:: ,m,m of Two
Hundred Thousand and 00/100 ($200,000.00) Dollars and other good and valuable
considerations paid by the said GRANTEE to the said GRANTOR, at and before the signing and
delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto the said
GRANTEE and GRANTEE'S-heirs, successors and ~ssigns the'following described premises:
ALL THOSE CERTAiN tracts of land situate in the Second Ward of the Borough of
Mechanicsburg, County of Cumberland, State of Pennsylvania, bounded and descr/b~d as follows,
to wit:
BEGINNING at a point on the south side of East Main Street, at the comer of Lot No. 9, as
shown on the hereinafter-mentioned Plan of Lots; thence along the south side of East Main Street in
an easterly direction, eighty (80) feet to a point at the comer of land formerly of Russell S. Barn;
thence along said land of Russell S. Barn in a southerly direction, one hundred two and eight-tenths
(102.8) feet, more or less, to a point on the north side of Stouffer Alley; thence along the north side
of Stouffer Alley in ,, wesrwardly direction, eighty (80) feet to a point at the comer of Lot No. 9,
aforesaid; thenc~ along the line of said Lot No. 9 in a northerly direct/on, one hundred seven and
nine-tenths (107.9) feet to a point on the south side of East Main S~'eet, the place of
BEGINNING.
BEING all of Lots Nos. 10 and 11, and the western twenty (20) feet of Lot No. 12 in a
certa/n Plan of Lots called College Park, which Plan is recorded in the Recorder's office in and for
Cumberland County, Pennsylvania, in Deed Book "S", volume 5, Page 600; and improved by a
Service Station building numbered 526 East Main Street.
BEING THE SAME premises which William R. White and Angola N. White, husband
and wife, by Deed dated May 20, 1976, and recorded June 28, 1978, in the office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Deed Book "W", Voltmae 27, at Page 59Z
granted and conveyed unto William R. White, t~e Grantor herein. Crystal H. White joins as a
grantor to pass any interest she may have in the subject premises as wife of William R. WNte,
Gramor.
TOGETHER with all buildings, improvements, woods, ways, rights, liberties, privileges,
hereditaments and ap. pur~enances, to the same belonging, or in any way appertaining, and any
revisions, remainders, rents, issues and profits thereof, and of every part and parcel thereof,
including an,y interests specifically set forth herein, if any. And also, all the estate, right, title,
interest, property, possession, claim and demand whatsoever, both in law and equity, of the
GRANTOR of, in and to the same.
TO HAVE AND TO HOLD the said premises, and the appurtenances, hereby granted to
GRANTEE and GKANTEE'S he/rs, successors and assigns, to and for the ordy proper use, benefi~
and behoof of the said GRANTEE and GRANTEE'S heirs, successors and a~signs forever, under
and subject to the conditions set forth herein, if may.
AND the said GRANTOR hereby covermnts and agrees that GRANTOR will specially
warrant the property hereby conveyed.
IN WITNESS WHEREOF, the said GRANTOR have hereunto set their hands and seals the
day and year first above written.
SIGNED, SEALED and DELIVERED :
IN THE PRESENCE OF W~TNESS :
Witness:
Will/am R. White
~rystal H. White
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On the 30~ day of September~ 1998, before me, a Notary Public in and for said Count5,
and State, the tmder~igned officer, personally appeared William R. Wh/te and Crystal H. White.
husband anO '&ifc, known to me (or satisfactorily proven) to be the persons whose nanaes are
subscribed to the within instrument, and acknowledged that they executed the same for the
purposes therein contained, and desired the same might be recorded as such.
WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
NOTARIAL SEAL
~I~EV~O;~HOL~S: Notary Public
Cl~y of Han~Btmrg. Dauphin County
My Oomml~lO~ Exptm~ Sept 25, 1 ~
Ci~R~¢fCX.i~E-OF RESIDENCE
[ ht:reby certify that the precise address of the Grantee herein is:
Z¢
~ r Grantee
Recorded in the Office for the Recording of Deeds in and for Cumberland County,
Pennsylvania in Record Book , Page
WITNESS my Hand and Seal of Office, this day of
.1998.
Recorder of Deeds
M~EMOIL~NDLGM[ OF AGREEMENT OF SA_LE
THIS &IEM6RANDUM OF AGREEMENT OF SALE, is entered into as of the 7~
day c£Aug'ast 2003, by and beeveen .M:ITHUU[~, G, BRUAW, JR., an adult individual arid a
lnarried mm~ (the "Seller") and AUTOBODIES BY LUCAS, LID, a Permsyivama corporat:on
(*.he "Purchaser").
WITNESSSETH:
WHEREAS, the Seller is the owner in fee inmrest of that certain real estate and all
buSdmg$ and improvements included thereon located in Meehanicsburg, CumBerland Cmmt-7,
Permsylvax~ia, which real estate is legally described on Exhibit "A" attached hereto and made
hereof (the "Real Estate"); and
WItEREAS, the Seller and the Purchaser entered into an Agreement of Sale, dated
August 7, 2003 ('dee "Agreement of Sale"), whereby the Seller agreed to sell and convey ~e Real
Estate tc the P~ekaser, and the Pu.rckaser agreed to p~trchase and accept the conveyance of the
Real Estate; and
WHEREASFth~ Seller'and ~e'PUidha~: d~ir~ ~o piano notice of the Agreement of Sale
on record.
NOW, ~t'I~REFORE, the Seller mad tile Purchaser hereby execute this Memorandum of
Agreement of Sale for the purpose of evidenci.ng the Pttrchasex's interest ia thc Real Estate, upon
the terms, covenants and conditions contained ha the Agreement of Sale.
This Memorandum of Agreement of Sale is made and executed and is to be recorded in
the office of the Cumberland Comae/, Pennsylvania Recorder for the purpose of giv/ng notice of
the Agreement of Sale mad the rigkts of the parties thereunder.
THIS INSTRUMENT WAS DRAFTED BY
A-,N~i) SHOULD BE RETURNED TO:
Wayne M. Pecht, Egqaire
Keefey Wood Allen & R~al, LLP
415 Fallow'field Road
Suite 301
Camp Hill, PA 17011
1
This Memorazadum of AgreenlenI of Sale is subj*ct in each Nd every respect to the
payment and other terms, eovenmats and conditions of the Agreement of Sa!e, wh/ch is
k~cor~orated herein by this referen,e, and is executed by the Seller ~nd d~e ?urchasvr with the
understanding and a~ement that nothing con~hned herein shall in any manner alter, modify or
vary the payment or qther terms, covenants or conditions of the Agreement of Sa)e.
IN WITNESS WHEREOF, the Seller m~d the Purchaser have executed bis
Meraor~mdum of Agreement er Sale as of the day, month and year first above
W~ITNESS/ATTEST:
St~.LLER:
PURCHASER:
AUTOBODIES BY LUCAS~ LTD.
~ ~ Lee Atm. Cadwallader
Pr~sid,'nt
700
ON this, the __~._'_ day o£August 2003, before me, a notary public, tke umdersigned
officer persanalty appeared .~RTHUR G BRUAW, YR., ~o~ to me (or sadsfactonly prove7~)
[o be the person whose name is subscribed to the within instrum,~nt, and acknowledge that he
executed doe same for tI~e purposed therein ¢or~tained,
NOTARIAL SEAL N~a~u~ "
C/~OL L ~OXELL, Notar/Pubilc .,---~ - -bEc
New Cumberllmd Boro. Cumberland Co.
My Comm~lon Ex!~lres Dec. 27, 2005
COMMONWEALTH OF PENNSYLVANIA :
:SS,
COUNTY OF CUMBERLAND :
ON d~.~, lhe k,x.i "day of Aag~st 2003, before me, a notary public, the m~dersigned
officer perso~ally appeared LEE A~ C~W~L~EK, as President of A~OBOD~S BY
LUCA8, LTD,, a Pe~ylv~a co~omtion, ~own to me (or aatb~acto~ly proven) to be ~
person whose n~e is ~ubscfibed to ~e witNn ins~m~r, ~d ac~owledge tkat she executed
the sm ¢ for ~ p~osed thereN contained.
NOTARIAL SF~L
OA~0L L, T~,0XELL, ~3~r/l~ubllc
New Cumberland Boro. Cumt~rl~nd
My Comm~lon Ex~lrt~ D~. 27, 2005
iN WITNESS WHEP,~OF, I hcretmto set m~,d ~d o~c/al seal.
3
ALL THAT CERTAIN rrac~ of hind situate on the Scat[ side of East Main.. Srre:t in the
Borough of Mcchanicsbu.rg, County of Cumberland aJ~d Commonweakh of Pem~sylvania,
bounded and de,ct/bed as follows, m wit:
B~EOL-NNI~Cr at a point on the South side of ]East Main Street at comer of
properr? now or £om~erly of Earl Horn~r; thence Southward along the line o f s~id
property ~7.7 feet to the Northen~ line of Stouf'fer Alley; thence Wesr~vard along
the line of Srouffer Alley 100 feet to the corneI of property now ar formezly of
Gail V. Grove; thence Northward along the line of said property 102.8 feet, more
or less, To the Southern line of East Main Street aforesaid; thence Easrwtrdly
along the Line of said Sn'eet 100 feet to a point, the P~ace of BEG1/'4NING.
~EING Lots Nos. 13, I4 and I5, m~d the Eastern ten (10) feet of Lot No.
1~ in a-certain Plan of Lots called "College ?ark", which Plan is recorded in the
'O~fiee of the Recorder of Deeds in a~d for Cumberland County, i~n Deed Book
"S", Volume 5, Page 600.
AND ALSO, ALL THAT CERTA.1N lot or tract of land, Mth the
buildings and irnprovemen~ thereon erected, k~own as No. 534 E. Main
situate in }he Second Ward of the Borough of Mechz.rdcsburg, County o£
Cumberland and Commonwealth of Permsylvania, bounded and described in
accordance with a survey and Plan thereof made by Wi/limn E. Sees, Jr.,
Consulting .Engineer, dated June 2, 1960, ss follows:
BI'GINNING at a stake at the Southwest comer of Ea~t Main Street (60)
feet wide; and South Norway Street (50) feet wide; thence ext~mding along the
Westerly line of Norway Street South 18 degree~ 30 minutes I~asr 94~85 feet to a
~take on the Northerly side cfa 16 feet wide alley; thence along said alley South
77 degrees 16 minutes Wes~ 67.32 feet to an iron pipe ar a corner of Merit Service
SIation property; "[hence along the same North 9 degrees 33 minutes West 97.7
feet to a stake on the Southerly ~ide o f iViain Street; titence along the same Nortk
80 deg~eos 38 minutes East 52.45 feet to the point and Place of BSGINNING.
'CENT .A~qING 13/100 o£aa acre of land, more or [ess.
BEI/~G Lots Nos. 16 and 17 on a Plan of Lorn entitled "College Park", as
recorded in the Office of the Recorder of Deeds in and for Cumberl-~nd Cotmry. in
Deed Book "S",' Volume 5, Page 600.
700
Pioneer OR Company, by its Deed da~e~ Deo~mber 4, ~ 98 L ~ ~corde~ ir~ t~
Cer!il¥. this to) be rccoidtod' ·
Cumberland County PA
" ~ccorder of De,ds
' 'GH G NiECHAN
West Alien St, MECHANICSBUR(,, PA 17055.6257
Telephone 7i7-69!-Y31(~. F;~x 7IT-flY[ .3312
Public Notice Advertising
August 1 I, 2004
The Sentinel
Attn: Tommy
457 E. North Street
Carlisle, PA 17013
Fax: (717) 243-3754
Attn: Classifieds
Please place the following advertisement in the Public Notice section of The
Sentinel on Friday, August 13, 2004 and Friday, August 20, 2004. After reviewing, ' -
please call our office to acknowledge receipt of this notice, at (717) 691-3310. Bill &
provide proof of publication to: Borough of Mechanicsburg, 36 W. Allen Street,
Mechanicsburg, PA 17055.
Sincerely,
Jonathan Stough,
Borough Manager
Public Notice
The Zoning Hearing Board of the Borough of Mechanicsburg will be holding a Hearing
on Tuesday, August 31, 2004, at 7:00 pm at the Municipal Center, located at 36 West
Allen Street. The first hearing is to consider a variance for Drs. William W. Warren &
Terry L. Reese, from Chapter 27, Section 1402 - off-street parking requirements, and
Sections 507.2, Lot Coverage, and 1101.17.C, Side Yard Setbacks of the Mechanicsburg
Borough Code, for the property located at 324 East Main Street. Docket # 2004-3. The
second hearing is to consider an appeal ora Zoning Permit issued to George & Karen
Liddick for the property located a 702 Jenna Court. Docl~et #2004-4. The third hearing is
to consider tl~ree variance requests for Steven F. Cadwallader, from Chapter 27, Sections
1404,2.A, 1404.2.B & 1404.1 .B, off-street parking requirements, for the property locate
at 526 & 530 East Main Street. Docket #2004-5.
Cliff Ressler
Borough Zoning Officer
August 1.3, 2004
Barry P & Carol A. \¥'right
526 Main Street
Mechan/csburg, PA 17055
Re: Docket #2004-5 - Variance Hearing for 526 & 530 E. Main Street
Dear Property Owner:
Enclosed please find a Pablic Notice for the above-referenced Zoning Hearing Board Action. This wiII
appear in the Sentinel Newspaper on August 17 and August 20~', 2004. As an adjacent property owner,
the Borough of Mechanicsburg is providing you notice of the hearing. This notice is regarding three
upcoming variance requests for the Zoning Hearing Board, which will be heId on Tuesday, August 31,
2004, at 7 PM.
If you have any questions, please contact the Borough Zoaing Office at 691-3315.
Sincerely,
Cliff Ressler
Codes Officer
Enclosure
August 13. 2004
Helen R. Wood
515 Locust Street
Mechanicsburg, PA I7055
Re: Docket #2004-5 - Variance Hearing for 526 & 530 E. Main Street
Dear Property Owner:
Enclosed please find a Public Notice for the above-referenced Zoning Hearing Board Action. This will
appear in the Senti~el Newspaper on August 13~1~ and August 20th, 2004. As an adjacent property owner,
the Borough of Mechanicsburg is providing you notice of the hearing. This notice is regarding three
upcoming variance requests for the Zoning Hearing Board, which will be held on Tuesday, August 31,
2004, at 7 PM.
If you have any questions, please contact the Borough Zoning Office at 691~3315.
Sincerely,
Codes Officer
Enclosure
August I3, 2004
Scott D, & Charlcen P. VTagner
525 & 531 Lecust Street
Mcchanicsburg, PA 17055
Re: Docket #2004-5 - Variance Hearing for 526 & 530 E. Main Street
Dear Property Owner:
Enclosed please find a Public Notice for the aboveq'eferenced Zoning Hearing Board Action. This w/Il
appear in the Sentinel Newspaper on August 13a and August 20t~', 2004. As an adjacent property owner,
the Borough of Mechanicsburg is providing you notice of the hearing. TNs notice is regarding three
upcon2}ng variance requests for the Zoning Hearing Board, which will be held on Tuesday, August 3 I,
2004, at 7 PM.
If you have any questions, please contact the Borough Zoning Office at 691-33
Sincerely,
Cliff Ressler
Codes Officer
SCOTT D, WAGNER and
CHARLEEN P. WAGNER,
Appellants
VS.
ZONING HEARING BOARD OF
MECHANICSBURG BOROUGH,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 -4tiff9
CIVIL ACTION - LAW
LAND USE APPEAL
CIVIL TERM
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA )
(
COUqqTy OF CUMBERLAND )
SS:
TO: ZONING HEARING BOARD OF MECHANICSBURG BOROUGH
We, being willing for certain reasons, to have certified a certain action between SCOTT
D. WAGNER 0a~d CHARLEEN P. WAGNER, and the ZONING HEARING BOARD OF
MECHANICSBURG BOROUGH, 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 or
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
of the Constitution of this Commonwealth.
WITNESS the Honorable Georcje E. Holler, P, J.
said Court at Carlisle, Pennsylvania, on the 29th day of S~pt~mb~r
,2004.
~J~ R. Long
Prothonotary
MICHAEL L. BANGS, ESQUIRE
I.D. NO. 41263
429 SOUTH 18TM STREET
CAMP HILL, PA 17011
(717) 730-7310
ATTORNEY FOR APPELLANTS
SCOTT D. WAGNER and
CHARLEEN P. WAGNER,
Appellants
VS.
ZONING HEARING BOARD OF
MECHANICSBURG BOROUGH,
Appellee
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004~-4889 CIVIL TERM
CIVIL ACTION - LAW
LAND USE APPEAL
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Appeal filed to the above term a~d number.
Respectfully submitted,
MICI~AEL k. I~ANGS
Attorney for Appellants
429 South 18th!Street
Camp Hill, PA j 171011
(717) 730-7310
Supreme CourtiID #41263
Date: November 30, 2004