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Home My WebLink About05-3695 SHIPPENSBURG BOROUGH, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. THE ZONING HEARING BOARD OF SHIPPENSBURG BOROUGH, : No. 0 :r- 3","'!r ~~ Appellee : LAND USE APPEAL NOTICE OF LAND USE APPEAL The Borough of Shipp ens burg, appellant, appeals from the June 21, 2005 Decision of the Zoning Hearing Board of Shippensburg Borough granting a variance to S.L. Realty, and in support thereof states the following: 1. Appellant, the Borough of Shippensburg ("Borough"), is a municipality organized under the Pennsylvania Borough Code, located in Cumberland County and Franklin County, with a principal place of business at 111 North Fayette Street, Shippensburg, Pennsylvania 17257. 2. Appellee is the Borough of Shippensburg Zoning Hearing Board ("ZHB"). The ZHB has a mailing address of J. Lee Hockersmith, Secretary, 111 North Fayette Street, Shippensburg, PA 17257-0129. 3. On May 25,2005, S.L. Realty, L.P. ("S.L. Realty") filed with the ZHB an Application for Variance ("Application") for property located at 16-18 West King Street, Shippensburg ("Property"). 4. The Property is located within the Cumberland County section of the Borough and is in the Neighborhood Commercial District under the provisions of the Borough's Zoning Ordinance. 5. In order to convert the existing building on the Property to one store and fifteen (15) dwelling units, S.L. Realty requested variances of the following sections of the Borough's Zoning Ordinance. a. Section 150-2]: Dimensional regulations in the Neighborhood Commercial District. b. Section 150-] 16: Multiple-family dwelling more than six units. 6. For a store and fifteen dwelling units, the Property does not meet the Borough's Zoning Ordinance as to the following: a. lot area b. lot coverage c. side yard d. front yard 7. A hearing on the Application was held before the ZHB on June ]5, 2005. 8. On June 2], 2005, the ZHB granted the requested variances. A copy of the June 21, 2005 Decision is attached as Exhibit "A". 9. The action of the ZHB in granting the variances was arbitrary, capricious, an abuse of discretion and contrary to law in that: a) S.L. Realty did not show that the provisions of the Borough's Zoning Ordinance would inflict unnecessary hardship. b) S.L. Realty did not show that it would suffer unnecessary hardship ifthere were less than fifteen dwelling units. c) There are no unique physical circumstances or conditions that would preclude S.L. Realty from having less than fifteen dwelling units or making a reasonable use of the Property. d) The variances granted will alter the essential character of the neighborhood and be detrimental to the public welfare because the Property is not suitable for fifteen dwelling units. e) The variances granted do not represent the minimum variances that will afford relief because the Property can be developed for a lesser number of dwelling units that will more closely conform to the Borough's Zoning Ordinance. f) The variances granted do not represent the least modification possible of the Borough's Zoning Ordinance because the Property can be developed for a lesser number of dwelling units that will more closely conform to the Borough's Zoning Ordinance. g) The ZHB' s grant of the variances was not supported by record evidence. 10. The Decision is vague and ambiguous as to what variances were granted. WHEREFORE, Appellant requests that this Honorable Court reverse the cited action ofthe Shippensburg Borough Zoning Hearing Board and deny the variances requested by S.L. Realty, L.P. Respectfully Submitted, Salzmann Hughes, P.C. ----~------------~_.---- Date: July'ti-,2005 By: Melissa K. e y, squire Attorney ill No. 36780 455 Phoenix Drive, Suite A Chambersburg, PAl 7201 (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the ~ day of July, 2005 I served a true and correct copy ofthe foregoing document via certified mail, return receipt addressed as follows: The Zoning Hearing Board of Shippensburg Borough 111 North Fayette Street Shippensburg, PA 17257 S.L. Realty P.O. Box 127 Lewisberry, PAl 7339 Respectfully submitted, By: Melissa K. Dively, Esquire BOROUGH OF SHIPPENSBURG William W. Wolfe Borough Manager ~j Members of Council Grace M. Keiter Administrative Assistant 111 N. Fayette SI. P.O. Box 129 Shippeusburg, PA 17257-0129 (717) 532-2147 FAX # (717) 532-6948 Bruce Hockersmith Mayor Earl Parshall President of Council Robert C. Weaver Code Enforcement Officer Andrea Lage Vice President of Council June 21, 2005 Belvin Banks Sandra Mailey Joe Hockersmith copy GenoTorri S.L. Realty P.O. Box 121 Lewisberry,PA 11339 SIllPPENSBURG ZONlNG HEARING BOARD; 2005-05 DECISION AND NOW, this2l't day ofJune, 2005, following a hearing on June 15,2005, the Zoning Hearing Board of the Borough of Shippensburg, Cumberland and Franklin Counties, after careful consideration of the evidence, orders as follows: 1. On the application ofS.L. Realty, L.P., for property located at 16-18 W. King Street, Shippensburg, P A, the Applicant is granted a variance whereby it may maintiili\. as many as 15 dwelling units and a commercial storefront at the Subject Property. This variance is granted subject to the following conditions: A. The Applicant obtains the appropriate Conditional Use permit from the governing body of the Borough of Shipp ens burg. B. The Applicailt abides by all other rules and regulations relative to filing of any required land development plans. C. The dwelling units and commercial storefront property shall be maintained in accordance with the testimony and exhibits presented at the hearing in this case. D. During the conditional use process, the Applicant shall provide to the Borough Council of Shippensburg sufficient documentation that it will be able to maintain a total of thirty (30) parking spaces, either on site or on nearby adjacent properties, which documentation may include lease agreements between the Applicant and neighboring property owners for use of the neighboring property for parking. Exhibit "A" The Borough is an Equal Opportunity Employer E. The Applicant shall abide by all other Federal, State and local laws and ordinances relating to the Applicant's use of the Subject Property. Respectfully submitted, By: ;.t(-<<~U(I~ 1. Lee Hockersmith, Secretary ANY PERSON AGGRIEVED BY THE DECISION OF THE ZONING HEARlNG BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS. THE APPEAL MUST BE FILED WlTHlN 30 DAYS FROM THE DATE OF TIllS DECISION. PURSUANT TO ~I50-55 OF THE BOROUGH OF SHIPPENSBURG ZONING ORDINANCE, A V AlliANCE, SPECIAL EXCEPTION OR CONDITIONAL USE GRANTED BY THE ZONING HEARING BOARD SHALL EXPIRE IF THE PROPOSED DE OR STRUCTURE CONTEMPLATED BY SAID V AlliANCE, SPECIAL EXCEPTION O:R CONDmONAL USE HAS NOT BEEN EXECUJED OR ACTED UPON WITIUN TWELVE MONnIS FOLLOWING TIlE DATE OF APPROVAL. 2632 0756 <1 m::u m it. I g o. " i" . 11 3~ 3e .. . .3 &' & ill;' il" . "'< ,,~ t .. .. ~.3 Z'6 0 71 E. s..... I . !$ !if l . .,. .. .. xi '3 .~ ~ t l R "' ~ (.,\ ---- ~ ~ C) r--._, c- ~:? () C.Jl ..n -< -, rTi,;'J J"\.) i" ,.-7 J ~{\ \ ~ V, ~ C' ~ <J- ~, 'f." ~ ~ ,._, o :'0 .+..- .:..:.:: . SHIPPENSBURG BOROUGH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 05-3695 CIVIL TERM THE ZONING HEARING BOARD OF SHIPPENSBURG BOROUGH J. LEE HOCKERSMITH, SECRETARY 111 NORTH FAYETTE STREET SHIPPENSBURG, PA 17257 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) S5. COUNTY OF CUMBERLAND) TO: THE ZONING HEARING BOARD OF SHIPPENSBURG BOROUGH We, being willing for certain reasons, to have certified a certain action between SHIPPENSBURG 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 of our court of Common Pleas at Carlisle, within ( ) 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 GEORGE E HOFFER P. J. our said Court, at Carlisle, PA., the 22ND DA Y OF JULY, 2005 CURTIS R. LONG Prothonotary IT" s f"- a U.S. Postal Service", CERTIFIED MAIL,., RECEIPT (Domestic Mail Only- No Insurance Coverage PrOVIded) I~~- ~ ru m J} flJ 1 Postago $ Certified Fee Return Receipt Fee (Endorsement ReqUired) CJ Restricted DeUvery Fee 0- (Endornement ReqUIred) m a m a a a Post""'" Here Total Postage & Fees $ os- -:J <.,'})- Ul a to ~ !l;';'.i,APCtVii:~n. ._n__;n___ _ ___no n._~_ ;,r;;:.~:"':..n- _ _ ~ <}._~ /J. ". 'T. Stste,ZiPf. . -.-..---V-"~~ PS Form 3800 June 2002 See Reverse for Instructions SENDER COMPLETE THIS SECTION . . . Complete ~ems 1, 2, and 3. Also complete ~em 4 ff Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front ff space pennlts. 1. ArtIcle Addressed to: A. x DAgont D Address . Date of DativE C { .- D. ISdelIvOl\'add~~ __ tt ,mD Ves If VES, onter dl/l!l?e,y addnlSSbelow;" \3J No -'. r-..' i'\C.J (..Ii ,.)(.:..) _.J :..:c .T::....H ~ C'~);:.:-; - ~-:. rn ~--.. , J ? -N~ ~~ . 0 ~ 3. ~;:'Mall CtExp~1 ~ o Registered 0 Return Receipt for Merchandise D Insured Mall D C.O.D. . Restricted Delivery? (Extra Fee) .. DYes 2. ArtIcle Nj!lllber _ (TtoMfor Irom """""" _i' PS Form 3811, February 2004 ()o~3~~ ~ -,?, J,.L. ~7S'1> Domestic Return Receipt 102595-02-M-1540 SHIPPENSBURG BOROUGH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. : No. 05-3695 Civil THE ZONING HEARING BOARD OF SHIPPENSBURG BOROUGH, Appellee : LAND USE APPEAL PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinued the above Civil and Use Appeal against the Appellee, The Zoning Hearing Board of Shippensburg Borough, which was filed on July 21, 2005. Respectfully submitted, Salzmann Hughes, P.C. Date: September 15, 2005 By: Meli . Ively, Esquire ttorney ill No. 36780 Counsel for Appellant 455 Phoenix Drive, Suite A Chambersburg, PA 17201 (717) 263-2121 CERTIFICATE OF SERVICE I hereby certify that on the 15th day of September, 2005, I served a true and correct copy of the within Praecipe to Discontinue via United States Mail, First Class, postage prepaid addressed as follows: Broujos & Gilroy PC Hubert Gilroy, Esquire 4 North Hanover St Carlisle, PA 17013 (717) 243-4574 Salzmann Hughes, P.C. ~ -=::> (") c ....' = <= ,:Jl (I> ,""" -0 1'-' C). c~ ~~\ -'., -.:> :r;. ~ .-l :L.-n rrlr -orr'!, :;;9 ~A~::1 ,',J'''i ~..;;'r-r, '" , ~::::l ~ <f! 1" -oJ