Background
Mr. Herman Woolfrey, the owner of 451 Spackman La., has applied to the Township Zoning Hearing Board (ZHB) for a use variance in order to build a self-storage facility on that property. What does that mean?
Understanding the Zoning Ordinance & Use Variances
- The Township’s Zoning Ordinance regulates how property in the Township may be used. This includes both the function (residential, office building, restaurant, etc.) and dimensional requirements: how big the lot must be, how much of the lot can be covered by paving and buildings, how far buildings must be from the lot line, etc.
- If someone wishes to use their property in a way that is not allowed by Zoning Ordinance, they can get permission to do so by getting a “variance” from the Zoning Hearing Board. Since there are two aspects that the Ordinance controls (uses and dimensions), there are two kinds of variance: “use variances” and “dimensional variances.”
- 451 Spackman La. is in the R-1 Residential zoning district (see the Township's zoning map). The regulations of that district do not allow self-storage facilities, so Mr. Woolfrey has applied to the ZHB for a USE VARIANCE.
- It is important to understand that if the ZHB grants any variance, it DOES NOT change the Zoning. In West Whiteland, variances are very specific, addressing ONLY the applicant’s request. Should the ZHB grant the variance Mr. Woolfrey has requested, the property will STILL be in the R-1 zoning district, and development must still comply with all the other standards that apply to the R-1 district: he would ONLY be allowed to have the USE for which he applied.
- When considering a variance request, the ZHB evaluates whether the applicant’s property has a “hardship.” A hardship is found to exist if there is something unique about that property that results in the zoning regulations being more restrictive upon that property than upon other properties in the same zoning district. Hardships may be due to a lot having an unusual shape, natural conditions like steepness or being in a floodplain, or anything else that – in the determination of the ZHB – unfairly restricts the use of the property.
- Since a variance is evaluated based upon characteristics of the property, if granted it “runs with the land;” that is, if a variance is granted and the property is later sold, the new owner gets the variance too.
- Action by the ZHB does not exempt an applicant from any other Township permitting requirements. For example, if the ZHB grants a dimensional variance to allow a homeowner to build an addition to their house that is closer to the property line than allowed, the homeowner still needs to get a building permit for that work and the Township Codes Department will need to approve the plans for the addition. If the ZHB grants Mr. Woolfrey’s request, the project will still need to be reviewed as a land development plan (and perhaps as a conditional use application as well) prior to beginning any construction. The land development plan is the document that shows details like how stormwater will be managed, landscaping and lighting to be provided, and how vehicles will access and move through the site.
- While Mr. Woolfrey has submitted a sketch plan with his ZHB application, it is only an illustration of how he (or a subsequent owner) MIGHT develop the property if the requested variance is granted. Before any construction would be allowed, a far more detailed plan is required. At a minimum, a “land development” plan as described above will be required and will be reviewed at public meetings by both the Planning Commission and the Board of Supervisors. Such plan must also demonstrate that the project will comply with the parts of the Zoning Ordinance from which no variance was approved.
What is the Process for a Hearing?
- The ZHB will make its decision following a public hearing. Mr. Woolfrey’s hearing began on June 27, 2024 and has not yet concluded. The public is welcome to attend and to participate in the hearing. At various points during the hearing, the ZHB Chair or the ZHB Solicitor will ask if anyone attending has a question or a comment.
- The right to be represented by an attorney, to call witnesses, and to appeal the ZHB decision is reserved for those named as a “party” to the hearing. Parties automatically include the applicant, the ZHB, and the Township as represented by the Board of Supervisors. Members of the public may also request party status. Typically, party status is granted only to people who can demonstrate that they will be affected by the decision of the ZHB, such as near neighbors.
Does the Board of Supervisors Get Involved in the ZHB Process?
- The ZHB members are appointed by the Board of Supervisors; however, the ZHB is not under the Supervisors’ authority. The Board is legally prohibited from trying to influence a ZHB decision other than by having a representative at the hearing state their position; as a party, the Board may also have their own witnesses, but that is not a requirement. If any party wishes to appeal a ZHB decision, the appeal must be filed with the Court of Common Pleas.