MUNICIPALITY OF MONROEVILLE ZONING HEARING BOARD JULY 2, 2003 MINUTES. The meeting was called to order at 7:30 p.m. by Chairman Thomas Walter.

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1 MUNICIPALITY OF MONROEVILLE ZONING HEARING BOARD JULY 2, 2003 MINUTES The meeting was called to order at 7:30 p.m. by Chairman Thomas Walter. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited and a moment of silence observed. ROLL CALL The Secretary, Robert Grimes, called roll and the following were present: Thomas Walter, Robert Grimes, Greg Erosenko, Frank Rawson, Donald Risko, Robert Wratcther, Ed Diel and Sharon McIndoe. APPROVAL OF MINUTES There being no additions, deletions or corrections to the minutes of the regular meeting of June 4, 2003, a motion was duly by Mr. Erosenko to approve them, as submitted, and Mr. Rawson seconded it. Upon a roll call vote, the motion carried unanimously. OLD BUSINESS A The applicant is requesting a variance to Table 201, Minimum SideYard, of the Monroeville Zoning Ordinance, No. 1443, as amended, allowing a proposed parking area to be located feet in a required 15-foot side yard. The property is located at 2540 Monroeville Boulevard and is zoned C-2, Business/Commercial A The applicant is requesting a variance to Table 201, Minimum Side Yard, of the Monroeville Zoning Ordinance No. 1443, as amended, allowing the placement of a trash dumpster to be located seven feet into a required 15-foot side yard. The property is located at 2540 Monroeville Boulevard and is zoned C-2, Business/Commercial.

2 Regular Meeting 2 July 2, A The applicant is requesting a variance to Table 207.5, Minimum Side or Rear Yard Abutting Any Lot in Any R or S Zoning District, of the Monroeville Zoning Ordinance No. 1443, as amended, allowing the placement of an off-street parking space and the trash dumpster to be located in the required 15-foot rear yard. The property is located at 2540 Monroeville Boulevard and is zoned C-2, Business/Commercial A The applicant is requesting a variance to Section 306.5(e), Interior Circulation, of the Monroeville Zoning Ordinance No. 1443, as amended, allowing only feet for two-way traffic instead of the required 20 feet. The property is located at 2540 Monroeville Boulevard and is zoned C-2, Business/Commercial A ROBERT A. HEIL The applicant is requesting a variance from Section 308, Table 308 of the Monroeville Zoning Ordinance No. 1443, as amended. The applicant is seeking a variance for two parking spaces providing for a parking lot to accommodate 12 parking spaces instead of the required 14. The property is located at 2540 Monroeville Boulevard and is zoned C-2, Business/Commercial. Mr. Bill Ackerman came forward with the applicant Dr. James Long and Mr. Richard Territ, Engineer. He explained the site plan has been revised since the last meeting and Application Nos A, A and A are no longer necessary. He requested the board consider Application Nos A and A at this time. He indicated the concerns about the location of the dumpster have been corrected by moving it to comply with the 15-foot side yard. He explained one parking space and the garage would be removed to allow for a wider access road and better traffic movement around the property. He indicated Dr. Houy agreed to an easement to allow for a one-way access. He explained the variance request is to eliminate two parking spaces because the parking area is only feet instead of the required 15-foot side yard. He submitted the initial and revised site plans and a letter of agreement from Dr. Houy for the easement. Mr. Walter inquired whether the fire official agreed with the elimination of the one parking space and the demolition of the garage; Mr. Diel answered affirmatively. Mr. Grimes questioned the width of the area from the new building to the parking lot. Mr. Territ answered the driveway is ten feet and the walkway is five feet. Mr. Grimes inquired whether the asphalt would be changed. Mr. Territ answered it would be all new and the road would be ten-feet wide. Mr. Walter inquired whether that width is acceptable and Mr. Diel answered affirmatively.

3 Regular Meeting 3 July 2, 2003 There being no further discussion, Mr. Walter duly made a motion to withdraw Application Nos A, A and A. Mr. Erosenko seconded it and upon a roll call vote, the motion carried unanimously. Furthermore, Mr. Risko duly made a motion to approve Application Nos A and A with all the conditions imposed by municipal council and contingent upon site plan approval. He further stipulated that a recorded easement agreement from Dr. Houy and the application in a form acceptable to the municipality be submitted. Mr. Walter seconded it and upon a roll call vote, the motion carried unanimously A COCHRAN R.E.L.P. The applicant is requesting a variance to Section (b), Signs, Monroeville Zoning Ordinance, No. 1443, as amended, allowing the size of a double-faced identification pylon sign, to be 528 square feet for the No. 1 Cochran Mega Center exceeding the maximum square footage of 225 square feet. It is zoned C-2, Business/Commercial. Mr. Don Kuckuk, Ci-Ad Signs, came forward representing the applicant along with Mr. Mike Senge and Mr. Orio Gallo from Number 1 Cochran. He explained residents expressed their concerns at the last meeting about the amount of light being admitted from the sign and its hours of operation. Mr. Senge reported the electronic message center uses 4,000 candelas of light but has 64 different levels of dimming so will only run at 100 percent during the daylight hours. He briefly explained how it operates. Mr. Gallo explained the lot lights are ten feet shorter than the Spitzer Lights and are pointed in a downward direction. He indicated the lights will go into a security mode at 10 p.m. every evening dimming down to 10 percent of the light. He stated the message center and pylon sign will also go into the dimming security mode. He asserted they have taken every effort to make sure the lights do not disturb the neighbors. He also indicated he discussed the buffer area with the residents on Shackleford Drive to help shield the lights. Mr. Walter reported a letter was submitted June 5, 2003 that addressed all of the resident s concerns and will be made part of the record. There being no further discussion, Mr. Erosenko duly made a motion to approve Application No A and Mr. Risko seconded it. Upon a roll call vote, the motion carried unanimously.

4 Regular Meeting 4 July 2, A WAL-MART STORES, INCORPORATED SAMS CLUB The applicant is requesting a variance to Table 308, Off-Street Parking Proposing a 30,090 square foot addition to an existing 106,750 square foot building and reducing the number of off-street parking spaces from 782 to 685 spaces. The project is located at 3521 William Penn Highway. It is zoned C-2, Business/Commercial. The applicant requested tabling until August 6, Whereupon, Mr. Walter duly made a motion to table Application No A until the August 6, 2003 meeting and Mr. Erosenko seconded it. Upon a roll call vote, the motion carried. Mr. Walter inquired about the time limits. Mr. Wratcher explained the board has already satisfied the requirement to hold a hearing within 60 days so the record remains open but if the matter is not considered at the August 6, 2003 meeting, the applicant does not have any deemed approval rights. NEW BUSINESS A ROBERT L. STEVENSON AND CONSTANCE HABER STEVENSON The applicant is seeking a variance from Section 203, and 308 of Ordinance No The property is located at 3817 Northern Pike and is zoned R-4. The building encroaches into the 50-foot lot and yard requirement and the 40-foot setback; the pavement encroaches into the 110-foot setback and the site plan only reflects 33 parking spaces instead of the required 36.5 spaces. Mrs. Brenda Sebring, attorney, came forward representing the applicants and briefly explained the request. She explained a number of variances are required in conjunction with an application currently submitted to the Planning Commission for a change in the zoning from R-4 to C-3 due to the configuration of the existing building. She indicated this is the former Masonic Temple and will house the Alternative Pain Management Corporation, Incorporated that engages in Chiropractic Orthopedic Studies. She briefly explained the procedures that would be performed and why this site would be ideal for the operation. She reviewed the landscaping rendering, the traffic pattern and a reconfiguration of the parking spaces. She explained the sidewalks coming out from the boundary line going into the right-of-way is an error on the plan. She submitted a zoning plan and stated the variances to the parking access setbacks are required when abutting an R-4 or any residential district. She explained they are sticking to the original configuration of the parking area in order to facilitate the circulation of traffic and the entrance for fire and emergency vehicles. She stated there would be directional signs for

5 Regular Meeting 5 July 2, 2003 the flow of traffic. She indicated there are only 33 parking spaces instead of the required 37 and some at the back were eliminated to provide for additional spaces. She also explained it may be determined that the variance for the 50-foot building setback may not be necessary because the building was pre-existing prior to the need for the 50-foot buffer zone. Mr. Wratcher questioned the 33 parking spaces because the parking data calculations indicated there are 34 parking spaces. Mrs. Sebring agreed that is what it should be. Mr. Wratcher asserted that if the board acts favorably on this issue the variances required would be for the off-street parking from 37 to 34 spaces and for the setback of the building. He explained approval depends on how the property is rezoned C-3 or C-4. He recommended the variance for the yard requirement be granted contingent upon site plan approval of the drawing submitted. There being no further discussion, Mr. Erosenko duly made a motion to approve Application No A with the three-space parking variance and the setback requirement contingent upon council approval. Mr. Rawson seconded the motion and upon a roll call vote, the motion carried unanimously. SOLICITOR S REPORT Mr. Wratcher reported he is currently preparing a brief for the Court of Common Pleas regarding the Ambiance case and he would keep the board apprised of the situation. ADJOURNMENT Before adjourning the meeting, Mr. Walter wished everyone a happy and safe Fourth of July. He encouraged everyone to go to the parade and the fireworks display. There being no further business to come before the Zoning Hearing Board, at this time, a motion was duly made by Mr. Rawson to adjourn the meeting at 8:30 p.m. and Mr. Risko seconded it. Upon a voice vote, the motion carried unanimously. Respectfully submitted, TW/sam Thomas Walter Chairman