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Home My WebLink About06-6294 \- CENTRAL PA CONFERENCE OF UNITED METHODIST CHURCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellant v. LAND USE APPEAL ZONING HEARING BOARD OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. lXD - fo~qLJ Civil ler"'l Appellee NOTICE OF APPEAL Appellant respectfully files this land use appeal from the September 28,2006 decision of the Zoning Hearing Board of Hampden Township and in support thereof states as follows: The Parties 1. Appellant is the Central PA Conference of United Methodist Church, through its local affiliate, Aldersgate United Methodist Church, ("Appellant"). 2. Appellee Zoning Hearing Board of Hampden Township (the "ZHB") is a municipal agency organized pursuant to Section 901 et sea. of the Pennsylvania Municipalities Planning Code (the "MPC"), 53 P.S. ~ 10901 et sea. 3. The property at issue in this appeal is land located at 1480 Jerusalem Road in Hampden Township (the "Property"). 4. The Property is owned by Appellant. Jurisdiction 5. Appellant appeals from the denial of its application for a dimensional variance from the requirements of Section 807.1 of the Hampden Township Zoning Ordinance (the .... "Zoning Ordinance"), because the ZHB erred at law and abused its discretion in denying a dimensional variance to Appellant. 6. This Court has jurisdiction over this appeal pursuant to Section 1002-A et sea. of the MPC, 53 P.S. ~ 11002-A et sea. Factual Backaround 7. The Property is zoned Residential- Towne (R-T). 8. Under Section 807.1 of the Zoning Ordinance, the maximum plat coverage of any plat in the R- T zoning district is 40% of the total plat area. 9. Above ground storm water management facilities and streets are to be included as impervious in the plat coverage calculations. 10. On April 27,2006, Appellant filed an application for a dimensional variance to permit Appellant to develop the Property in a manner that would result in impervious coverage equal to 44.56%. 11. Appellant amended its application on July 14, 2006. 12. Appellant proposed to construct two additions to the existing structure, including a "Family Life Center" and an area for Sunday school classrooms. 13. Appellant also proposed to expand and reconfigure its parking to add 14 spaces through reconfiguration and 30 more spaces at a new parking area. 14. On August 16, 2006, the ZHB heard testimony on Appellant's dimensional variance application. 15. Appellant presented evidence at the hearing sufficient to meet the requirements for the grant of a dimensional variance under Section 910.2 of the MPC. 2 16. In particular, Appellant presented evidence showing that there was an unnecessary hardship due to unique physical circumstances or conditions or exceptional topographical conditions peculiar to the Property. 17. Appellant also presented evidence showing that Appellant would suffer a significant financial hardship if the ZHB denied the dimensional variance. 18. Appellant presented evidence showing that the dimensional variance sought was the minimal variance necessary to accommodate Appellant's needs. 19. Appellant also presented evidence showing that the hardship was not "self- created." 20. By written decision dated September 28, 2006, the ZHB denied Appellant's application. A copy of the ZHB Decision is attached hereto as Exhibit A. 21. The ZHB found that Appellant failed to show that it would suffer an "unnecessary hardship" if the dimensional variance was denied. 22. The ZHB also found that Appellant's alleged hardship was not caused by any unique physical characteristics of the Property, nor by any changes in the characteristics and conditions of the surrounding neighborhood. 23. The ZHB further found that Appellant's alleged hardship was "self-created." 24. The ZHB found that denial of the dimensional variance would not deny Appellant the reasonable use of the Property. 25. The ZHB further found that Appellant's hardship was related to Appellant and not the Property. 3 .. Grounds for Appeal 26. Under Section 910.2 of the MPC, a Zoning Hearing Board may grant a variance if the applicant presents evidence sufficient to support a finding that the five required elements of a variance are met. 27. Appellant presented sufficient evidence to establish the required elements for a dimensional variance. 28. Accordingly, the ZHB committed an error of law and abused its discretion in denying Appellant's dimensional variance. WHEREFORE, Appellant respectfully requests that the Court reverse the decision of the ZHB and grant the dimensional variance. By I!-L L. C-.J McNEES WALLACE & NURICK LLC Helen L. Gemmill Attorney I.D. No. 60661 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney for Appellant Dated: October 26,2006 4 3: ~ z.~ lb G ~ ~ ffl =*;~.O) oos-~o ti.~~ VJ ~ ~ z....(. c:. .... ~ r B fTI .::r- r-'I .::r- US Postal SerVIC(> ~ CERTIFIED MAIL" RECEIPl (Domestic Mail Only; No Insurance Coverage Pro.,.ided) 0 0' 0 0 0 '0 0 0 I 0 FFICIAL USE I Postage $ t Certified Fee Postmark Retum Reclept Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ ..J] I:() ru I"'- fTI CI CI C CI LI1 rn r-'I .::r- CI to CI I"'- ~ApfXki=----'---------.n-------_nn-----..--n-----u------___u__________u_ or PO'Sox'No."' CitY.-s;a;e;ZIP;;---n--------------------------------------------u.____u_n_____n_ P( ~ 0') >fH' 200. , r < nstructlOns o ~= :.::~,. " r-,:) c.-:> = Cl"' o 11 -l ...,..- "oll rnr- \~L: <=) e'J --' f''' -.J \J ?:.:; ;""rl r0 .J:""" -.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Central P A Conference of United Methodist Church Vs. No. 06-6294 CIVIL TERM Zoning Hearing Board of Hampden Township, Cumberland County, P A WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of Hampden Township, We, being willing for certain reasons, to have certified a certain action between Central P A Conference of United Methodist Church -vs- Zoning Hearing Board of Hampden 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 Edgar B. Bayley P.I. our said Court, at Carlisle, P A., the 27 day of October 2006. i " LAW OFFICES SNELBAKER & BRENNEMAN. P.C. CENTRAL P A CONFERENCE OF UNITED METHODIST CHURCH, Appellant v. ZONING HEARING BOARD OF HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA Appellee and HAMPDEN TOWNSHIP, Intervenor : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA LAND USE APPEAL : NO. 06-6294 CIVIL TERM NOTICE OF INTERVENTION Hainpden Township, through its Board of Commissioners, hereby intervenes in the above-captioned Land Use Appeal pursuant to S1004-A of the Pennsylvania Municipalities Planning Code, 53 P.S. S11004-A. Date: Nov;~mber 3, 2006 SNELBAKER & BRENNEMAN, P. C. ri1/Vv--- BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Hampden Township <4 .'. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 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 ofIntervention to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Helen L. Gemmill, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PAl 71 08-1166 Attorneys for Appellant SNELBAKER & BRENNEMAN, P.c. BY:~ Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Solicitor for Hampden Township Date: November 3,2006 (') s:; <..: "T}1~":--- C.l)r" i':5 G..) U; "'-::> = <:.:.J 0-. Z a .....:.: I W o 11 , .~ , 'h :.i") "-< "U (/l crjl~ 3 i6" c.J z ~ ~ i ~ i ~ 2 III -< l\) o o ~ --.l CJ CJ 5' ..t= 3 l:-' ~ cS' W ~ l..n CJ Ei ::l CJ f CJ CJ -a W --.l ru Q:2 lJ ..t= l:-' ..t= W o '" '" '" '" 6 '" $: ~ o .~~i ~ C> E)- \ E)" ~ ..0 ....j::. ~ ~~.:t: ~ ~ ~ ~ ~ Ql]- ~ @ ~ ~ I [ CPa-! .. ~ l? ~ R ~ ~. 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