Township of O Hara. Zoning Hearing Board. Regular Meeting Minutes. October 2, 2017

Transcription

1 Township of O Hara Zoning Hearing Board Regular Meeting Minutes October 2, 2017 The regular monthly meeting of the O Hara Township Zoning Hearing Board held on Monday August 7, 2017 at the O Hara Township Municipal Building located at; 325 Fox Chapel Road, Pittsburgh, PA Chairman Scott Duffy called the meeting to order at 7:00 PM. Dr. Alvin Kinsel took roll call and the following board members attended: Mr. Scott Duffy, Chairman; Dr. Alvin Kinsel, Secretary; Ms. Barbara Simanek, Alternate; Mr. Karl Kline, Alternate. (Observing not voting) Not in attendance - Mr. Richard Lockwood; Vice-Chairman and Lisa Steimer; Alternate. ANNOUNCEMENTS Mr. Duffy states we have (2) cases #1204 and #1205 on file for this evening. Scott Duffy, Chairman, noted meeting procedures, stating that when anyone addresses the Board to come to the microphone, state his or her name and address and the relationship to the application. All persons wishing to give testimony during the hearing sworn in by: Dr. Alvin Kinsel. Chairman Scott Duffy, informs the applicant(s) that members of the Board have visited the property and reviewed the submissions and information received for the case. The Board tries to render a decision which everyone involved finds acceptable. If for some reason the applicant(s) disagree with the decision, the applicant then has the right to appeal the decision through the Court of Common Pleas of Allegheny County. 1

2 ZONING HEARING BOARD CASE NO Mr. Scott Duffy, Chairman reads the case description: Mr. Stephen Tobe wishes to obtain the necessary variance for; Expansion of a nonconforming use, rear yard setback, for storage of equipment outside the building located at 1101 Powers Run Road, Block and Lot 291-C-178. The subject property is located in an R-2 (Suburban Residential) Zoning District. As proposed, the request violates Chapter 72, Section , E, D and B of the O Hara Township Zoning Ordinance. Mr. Scott Duffy- Scott where are we in regards to this matter? Mr. Scott Chermak Received application the application on August 30, Advertised in the Herald on September 21, 2017 and September 28, Copies of the Long Legal were, mailed to the neighbors and posted at the property on September 19, Mr. Stephen Tobe representing 1101 Powers Run Road former, In & Out Market. Shows pictures of the building from 1936 and current. Issue #1 back of the building cement slab. This is a safety concern walk-in cooler with steps down into the cooler and would like to put a roof over the structure to protect it from the elements. Mr. Duffy Submission talks about a smoker. Mr. Tobe The smoker is a little refrigerator for our own meats. Mr. Duffy Concern if the smoke being exhausted. Mr. Tobe The smoker keeps the smoke in and smells amazing. Mr. Tobe Issue #2 is the door into the basement. Afraid someone will fall down into the well. Found a structure that we would like to put there with a door. Mr. Karl Kline Camberwell Drive? Mr. Tobe Yes put the structure there with a door at the top for the deliveries to enter through this structure. Mr. Tobe Issue #3 is the Ice machine outside in front of the store (shows pictures), and would like to place it at the corner of the store at the bottom of the steps facing Camberwell Drive. 2

3 Dr. Alvin Kinsel where do I park? Mr. Tobe - 7 parking spots. Ms. Barbara Simanek Have we heard from neighbors? Mr. Chermak nothing pertaining to tonight. Mr. Duffy- No plans for a sit-down establishment? Mr. Tobe No not enough space just grab n go. Mr. Duffy any questions? Ms. Simanek No Mr. Duffy Do we have a motion? MS. BARBARA SIMANEK - MADE A MOTION TO GRANT ZONING HEARING BOARD CASE NO THE REQUEST, FOR THE NECESSARY VARIANCE FOR OUTDOOR STORAGE OF EQUIPMENT, REAR YARD SETBACK AND EXPANSION OF NON-CONFORMING USE FOR THE PROPERTY AT 1101 POWERS RUN ROAD. BLOCK AND LOT 291-C-178. DR. ALVIN KINSEL - SECONDED, VOTE WAS UNANIMOUS ON THE AYE 3

4 ZONING HEARING BOARD CASE NO Mr. Scott Duffy reads the case description: Fox Chapel Area School District wishes to obtain the necessary variance for side yard setback for a new school building at 0 Kittanning Pike, Block and Lot 286-M-110. The subject property is located in a CD-1 (Conservation) Zoning District. As proposed, the request violates Chapter 72, Section C of the O Hara Township Zoning Ordinance. Mr. Duffy- Scott where are we on this matter. Mr. Chermak - Received application the application on September 1, Advertised in the Herald on September 21, 2017 and September 28, Copies of the Long Legal were, mailed to the neighbors and posted at the property on September 19, Mr. Paul Giuffre Solicitor for the Fox Chapel Area School District. I have with me Dan Breitkreutz; the director of ancillary services for the school district, Dan Macek from Canzian/Johnston and Associates; architects on the project and William Utzman; school district engineer. Submission is a replacement building for the current building. The existing building is from 1929 and does not meet the educational needs. One reason for the variance is to request the rear corner of the lot 50 feet from road, which will meet the setback requirements and help with safety concerns with providing a roadway behind the building for buses and emergency vehicles. Dr. Alvin Kinsel Bus route? Mr. Giuffre Yes Mr. Scott Duffy- Plans approved by the Planning Commission? Mr. William Utzman Scheduled to submit plans to Planning Commission in October for the November meeting. If we do not get the requested variance, why go to planning. The designs all meet Township ordinances. Mr. Karl Kline You have not been subject to the public at a Planning Commission meeting right? Mr. Utzman correct we made this the first step in our process. Mr. Scott Duffy- Probably should be the other way around go to Planning first then come to Zoning. Mr. Karl Kline Highway occupancy permits from PennDot. Mr. Utzman In the process and PennDot is working on traffic studies. 4

5 Dr. Alvin Kinsel build first then tear down the current school. Mr. Giuffre Yes, build the new structure, have it occupied before tearing down the current building. Mr. Scott Duffy- My opinion is You should have gone to Planning Commission first then I would have been in favor of granting you your variance. Does the township have an opinion? Ms. Julie Jakubec Nothing has been submitted to Planning The township engineer nor the building code official have reviewed the plans. Mr. Duffy, Dr. Kinsel and Ms. Simanek all agree that they would approve the variance BUT need to see what the Planning Commission is going to do first. Mr. Utzman Feels they have met all the ordinances for the variance but if needs to go to the Planning Commission first and then come back to Zoning they will. Mr. Scott Duffy Do we have a motion? DR. ALVIN KINSEL - MADE A MOTION WE HEAR FROM PLANNING TO POSTPONE/CONTINUATION UNTIL ZONING HEARING BOARD CASE NO THE REQUEST, FOR THE NECESSARY VARIANCE FOR SIDE YARD SETBCK FOR A NEW SCHOOL BUILDING AT 0 KITTANNING PIKE. BLOCK AND LOT 286-M-110. MS. BARBARA SIMANEK - SECONDED, VOTE WAS UNANIMOUS ON THE AYE 5

6 APPROVAL OF MINUTES DR. ALVIN KINSEL - MADE A MOTION TO APPROVE THE AUGUST 7, 2017 ZONING HEARING BOARD MINUTES MS. BARBARA SIMANEK SECONDED, VOTE WAS UNANIMOUS ON THE AYA ADJOURNMENT- DR. ALVIN KINSEL - MADE A MOTION TO ADJOURN - the OCTOBER 2, 2017, ZONING HEARING BOARD MEETING. MS. BARBARA SIMANEK - SECONDED, VOTE WAS UNANIMOUS ON THE AYA The Zoning Hearing Board Meeting adjourned. Respectfully Submitted, Rebecca A. Slagel, Recording Secretary Dr. Alvin Kinsel, Secretary 6