MUNICIPALITY OF MONROEVILLE ZONING HEARING BOARD AUGUST 3, 2005 MINUTES. The meeting was called to order at 7:30 p.m. by Vice Chairman Robert Grimes.

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1 MUNICIPALITY OF MONROEVILLE ZONING HEARING BOARD AUGUST 3, 2005 MINUTES The meeting was called to order at 7:30 p.m. by Vice Chairman Robert Grimes. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE The Pledge of Allegiance was recited and a moment of silence observed. ROLL CALL The Recording Secretary, Sharon McIndoe, called roll and the following were present: Robert Grimes, Frank Rawson, Andrew Richmond, Robert Wratcher, and Shelly Kaltenbaugh. Messrs. Erosenko and Risko were absent. APPROVAL OF MINUTES The Zoning Hearing Board then considered approval of the minutes of the Regular Meeting of June 1, Whereupon, Mr. Rawson duly made a motion to approve them, as submitted, and Mr. Richmond seconded it. Upon a roll call vote, the Furthermore, Mr. Rawson duly made a motion to table the minutes of the Regular Meeting of July 6, 2005 and Mr. Richmond seconded it. Upon a roll call vote, the motion carried unanimously. NEW BUSINESS A RYAN T. STIMMEL The applicant is requesting a variance to Table 201, Minimum Side Yard, Monroeville Zoning Ordinance No. 1443, as amended, allowing the construction of a storage shed to be constructed approximately eight feet into a required ten-foot side yard. The property is located at 1238 Old Concord Road. It is zoned R-1, One-Family Residential. Mr. Ryan Stimmel, the applicant, came forward to explain his application. He stated this would replace an existing shed with a larger one and install a trench drain at the end of his driveway with a storm drainpipe.

2 Regular Meeting 2 August 3, 2005 Mr. Grimes inquired whether this shed would be built from a kit or something he designed. Mr. Stimmel answered he would design and build it. Mr. Grimes questioned the type of material used and Mr. Stimmel answered it would be wood frame, two by six studs with a metal roof and re-enforced concrete foundation. Mr. Grimes inquired about the height and Mr. Stimmel answered the back side would be approximately 16 feet. He added it would be one-story with a small loft storage area above. Ms. Kaltenbaugh inquired whether it was 16 feet from the top and Mr. Stimmel answered affirmatively that is from the grade to the tip on the backside. Mr. Grimes inquired about the storm water drainage discharge and Mr. Stimmel answered it would go to the same place. He explained it would not be altered but controlled so the water would not run into the new shed down over the hill. Mr. Wratcher inquired about the topography around the shed. Mr. Stimmel answered it is steep and wooded which prevents them from building all the way back on the property. There being no further discussion, a motion was duly made by Mr. Rawson to approve Application No A and Mr. Richmond seconded it. Upon a roll call vote, the A SAMUAEL FROST The applicant is requesting a variance to Table 201, Minimum Front Yard, Monroeville Zoning Ordinance No. 1443, as amended, allowing the placement of an above ground swimming pool to be located approximately 20 feet into a required 30-foot front yard. The property is located at 201 Dolomite Drive. It is zoned R-2, One-Family Residential. Mr. Samuel Frost, the applicant, came forward to explain his request. He indicated that since he has a corner lot, the swimming pool would be located in the front yard 20 feet off the road and 5 feet from the house. Mr. Grimes questioned whether it is considered the front yard since it is a corner lot and Mr. Frost answered affirmatively. Mr. Wratcher inquired whether his house fronts on Dalimite and Mr. Frost answered affirmatively. Mr. Grimes questioned whether he owns the house and Mr. Frost answered affirmative. Ms. Patricia Kyslinger, a resident of 1345 Cavitt Road, came forward to inquire about the size of the pool. Mr. Frost answered it would be a 24 foot round above ground pool. Ms. Kyslinger questioned how far above ground it would be and Mr. Frost answered 52 inches. Ms. Kyslinger inquired how far the pool would be from the corner and Mr. Frost answered it is not near the corner. He briefly explained the pool would be located in the back corner close to the driveway.

3 Regular Meeting 3 August 3, 2005 There being no further discussion, a motion was duly made by Mr. Richmond to approve Application No A and Mr. Rawson seconded it. Upon a roll call vote, the A VICTORIA RIDLEY/BIP INCORATED The applicant is requesting a variance to Table 201, Minimum Side Yard and Minimum Rear Yard, Monroeville Zoning Ordinance No. 1443, as amended, allowing the placement of a proposed one-family residence to encroach approximately 5 feet into a 10-foot side yard and approximately 13 feet into a required 40-foot rear yard. The property is located at 221 Mallard Drive. It is zoned R-2, One-Family Residential. Ms. Victoria Ridley, the applicant, came forward to explain her request. She stated the proposed house is wider and deeper than is permitted. Mr. Grimes inquired whether there is any house currently located close to this one and Ms. Ridley answered negatively. She stated there are two lots above her but nothing on the other side. Mr. Grimes clarified there is nothing on either side or to the rear of this proposed location and Ms. Ridley answered affirmatively. Mr. David Kress, the builder, came forward to answer any questions. Mr. Grimes inquired about the other types of houses in the plan and Mr. Kress answered there are ranches and two stories on Mallard Drive. Mr. Wratcher inquired whether he was the builder and Mr. Kress answered for some of them. Mr. Grimes questioned whether the other houses fit the footprint of the lots and Mr. Kress answered affirmatively. He explained the problem is ranch houses do not fit on the lots in that plan. He pointed out the side yard variance is for one corner of the lot and the rear is because of the attached garage. Mr. Wratcher questioned whether the garage is located in the front and Mr. Kress answered affirmatively. Mr. Wratcher inquired whether that would push the back of the house over the rear building line and Mr. Kress answered affirmatively. Mr. Rawson inquired about the square footage of the house and Mr. Kress answered it is approximately 2,100 square feet. Mr. Grimes inquired whether it could be squeezed onto the lot and Mr. Kress answered negatively. He stated it would make the room sizes and garage too small. Further discussion ensued regarding the lot size. Ms. Kaltenbaugh inquired whether there is any other reason the house would not fit on the lot and Mr. Kress answered the lot is not square. He explained the lot is110 feet wide at the street and tapers back to 65 feet in the rear. Mr. Wratcher felt the bigger problem is the depth and Mr. Kress agreed. Mr. Wratcher inquired how this related to the other houses in the plan and Mr. Kress answered it is smaller. Ms. Ridley added they have been trying to work with the floor plan trying to shrink the house to fit on the lot and this proposed plan is as small as it can be shrunk with decent living space. Mr.

4 Regular Meeting 4 August 3, 2005 Wratcher inquired how popular ranch style houses are in the neighborhood and Mr. Kress explained there were a few in the plan. Mr. Wratcher was concerned that the board may be reluctant to approve the variance because ranch homes would not fit on any of the lots. Mr. Kress answered the ranch home would work if it did not have a basement garage and this lot would not accept it because it sits on the upper side of the road. There being no further discussion, Mr. Grimes duly made a motion to deny Application No A and Mr. Richmond seconded it. Upon a roll call vote, the A JOBE FUNERAL HOME The applicant is requesting a special exception as outlined in Section 301, Nonconforming Uses, Monroeville Zoning Ordinance No. 1443, as amended, allowing the expansion of a nonconforming use to permit the construction of a 494 square foot addition. The property is located at 445 Beatty Road. It is zoned R-2, One-Family Residential A JOBE FUNERAL HOME The applicant is requesting a special exception as outlined in Section 302, Nonconforming Structures, Monroeville Zoning Ordinance No. 1443, as amended, allowing the expansion of the nonconforming structure to permit the construction of a 494 square foot addition. The property is located at 445 Beatty Road. It is zoned R-2, One-Family Residential. Mr. Jack Finnegan, attorney, came forward to briefly explain the request along with Mr. James Jobe, the owner. Mr. Finnegan explained the structure is approximately 3,600 square feet and serves as a residence and funeral for over the last 50 years. He indicated it would square off the front of the building or the southwesterly corner for an additional viewing room. He stated it would not change the character of the neighborhood and they comply with the parking requirements. Mr. Wratcher inquired whether this addition would change the volume of the business or was it to accommodate the current business. Mr. Jobe explained since their move, they have had a spike in business and the room is needed to accommodate the amount of people being served. Mr. Finnegan added another room in the back was expanded 15 years ago and it serves as approximately one and a half viewing rooms. There being no further discussion, Mr. Richmond duly made a motion to approve Application Nos A and A. Mr. Rawson seconded it and upon a roll call vote, the

5 Regular Meeting 5 August 3, A GORDON FOOD SERVICES MARKET PLACE/MBDB TRUST The applicant is requesting a variance to Table 308, Off-Street Parking, Monroeville Zoning Ordinance No. 1443, as amended, permitting the reduction in the required number of parking spaces for a proposed retail store 14,841 square feet in size from 85 to 72 parking spaces. The proposed project is located on Lot 2 of the MBDB Subdivision, west of the existing Kohl s Department Store. The total property area involved equals acres. It is zoned C-2, Business/Commercial. Mr. Jack Finnegan, attorney, came forward along with Mr. Morgan from Gordon Foods to explain the requests. Mr. Finnegan indicated this is Lot 2 of a two-lot subdivision that sits on the top of the hill along with Kohl s above the retaining wall. He stated this is a four-acre lot with approximately a 14,000 square foot building. He asserted a lot of the property was used for the retaining wall and steep topography. He indicated their request is for a 13 space parking variance and all the parking would be contained on the lot. Ms. Kaltenbaugh inquired about the nature of the business. Mr. Morgan explained their business is to distribute their products to churches, schools, restaurants and hospitals through out the mid west. He added this would be a retail store which carries approximately 3,000 items as opposed to their warehouses which carry 13,000 items. He stated it would be open to the public and caters to the commercial accounts that are delivered. He explained the closest store is located in Youngstown or Niles, Ohio and they are currently constructing one in Erie. Mr. Wratcher inquired whether the proposed store is the same size as the existing and Mr. Morgan answered affirmatively. Mr. Wratcher questioned whether the parking requirements have been consistent with what is being provided and Mr. Morgan answered affirmatively. He explained the average number is 68 with the highest 74 and the lowest 62. He added of the 22 existing stores, 13 of them have less than 70 parking spaces and stated they usually look for between 60 and 70 parking spaces. He also indicated there is shared parking between them and Kohl s because of a reciprocal easement agreement but their goal is to provide enough parking on top so they would not have to share. Ms. Kaltenbaugh explained even though they have the reciprocal parking easement, the two stores should have the required number of parking spaces and only use shared parking when needed. She also inquired whether this is a membership club and Mr. Morgan answered negatively. He stated it is open to the public and anyone can use it. Mr. Rawson questioned whether the delivery would come in the front and Mr. Morgan answered affirmatively. He added there is only one access point from the signal with an access easement going through the Kohl s property. He indicated there are only

6 Regular Meeting 6 August 3, 2005 two to three trucks per week that would make deliveries to the store. Ms. Kaltenbaugh inquired about the time of day truck deliveries are made and Mr. Morgan answered early. Mr. Grimes questioned there are peak and low times for deliveries. Mr. Morgan answered it is usually early because a lot of restaurant owners use it and want to be back at their businesses by noon. He stated it is usually from 10 to 11 a.m. and 2:30 to 3:30 p.m. Mr. Grimes inquired about the hours of operation and Mr. Morgan answered Monday through Saturday 8 a.m. to 8 p.m. and Sunday 12 to 5 p.m. Mr. Rawson inquired whether everything is sold in bulk and Mr. Morgan answered affirmatively. There being no further discussion, Mr. Rawson duly made a motion to approve Application No A and Mr. Richmond seconded it. Upon a roll call vote, the SOLICITOR S REPORT Mr. Wratcher reported the Commonwealth Court of Pennsylvania has upheld the Zoning Hearing Board s decision concerning the Lemar Advertising case which is the billboard down by the Wilkins border. He explained they wanted a smaller, electronics sign and the board denied it. He indicated the commonwealth court has agreed with the board and Lemar now has 30 days to appeal that decision to the Supreme Court. ADJOURNMENT There being no further discussion, a motion was duly made by Mr. Rawson to adjourn the meeting and Mr. Richmond seconded it. Upon a voice vote, the motion carried unanimously. Respectfully submitted, GE/sam Gregg Erosenko, Chairman