ZONING HEARING BOARD
The regular meeting of the Zoning Hearing Board of the
Zoning Hearing Board: Barbara Kirk, Chairman
Rudolph Mayrhofer, Vice Chairman
David Malinowski, Secretary
Paul Bamburak, Member
Greg Caiola, Alternate Member (left meeting in progress)
Others: Robert Habgood, Code Enforcement Officer
Jennifer McGrath, Township Solicitor
James Majewski, Township Engineer
Allen Toadvine, Zoning Hearing Board Solicitor
Steve Santarsiero, Supervisor Liaison
APPEAL #05-1315 DAN AND SHEILA ADAMCZYK
Ms. Sheila Adamczyk and Mr. Jeff Renneisen from Anthony Sylvan Pools were present
and reminded that they were previously sworn in.
Ms. Kirk stated since the last Hearing of
submitted one being a drawing of
Sylvan Pools revised
pool deck. This also included new
impervious calculations dated
document was marked as Exhibit A-4. Also with this was a Zoning Permit Plan revised
discussed the impervious surface calculations were confusing in that the prior Plan
indicated current impervious surface coverage of 24.5%, but the Township engineer
believed it was approximately 26.2%. Therefore, the current calculations with the
proposed additions would have increased the impervious surface to 32.5%. Since that
time, she understands they have done some re-calculating and re-modifying of the Plans.
Mr. Renneisen stated they re-calculated the existing impervious surface to agree with the
engineer and also reduced the decking the patio around the pool from 768 square feet
on the first Plan to 413 square feet. Subsequently, they added more seating area in the
pool by adding a sun shelf which is an oversized bench area that would help compensate
for the loss of the decking and does not count against the impervious surface. The
impervious surface will therefore be 30.5%.
Ms. Kirk stated it appears they also modified the Plan by taking out a concrete pad and
proposed concrete walkway and replaced it with concrete steps and stepping stones.
Mr. Renneisen stated they did this on the previous plan and has been left the same on this
latest plan as well.
Ms. Kirk stated it appears that the pool has been shifted slightly, but after discussion it
was noted that the pool has not shifted and what is being shown is a contour line.
Mr. Toadvine stated the Applicant has indicated they agree with the Township engineers
calculations that the existing impervious surface ratio is 26.3%, and Mr. Renneisen
Ms. Kirk moved, Mr. Bamburak seconded and it was unanimously carried that the
request for an increase in impervious surface to 30.5% as shown on the revised Plan
marked as Exhibit A-4 be granted.
Mr. Caiola left the meeting at this time.
APPEAL #05-1320 BRIAN AND ANN BRETH
Ms. Ann Breth was present with Mr. Stephen Heinz, architect, who were sworn in.
Ms. Kirk marked as Exhibit A-1 the Application which was submitted. Included with
that Application was a scale drawing for the property in question and this was marked as
Ms. Breth stated she and her husband are requesting a Variance to permit a second stall
garage for their home. They are also proposing an addition and they will need a
Variance for this as well on the left-hand side of the house.
Mr. Heinz stated this request is for impervious surface. The existing impervious surface
exceeds the permitted limitation of 18%. He stated he has come to understand that even
though that existing impervious surface could be swapped for new impervious surface
and made into building area rather than hard surface driveway, etc. since it is not shown
that way on the Plan that the Township has on record, that they would have to come
before the Board to increase it. He stated since the allowance for the size of the garage
was minimal if they tried to stay within the swapped area, he has indicated an enlarged
garage area above the impervious surface that exists now so that they can have a
reasonable size garage with some storage area and extend the current three-season room
in the rear to make it a four-season room. He stated they removed some of the existing
hard surface to the extent of 106 square feet and the additional square footage of building
would be 307 square feet so the net difference is an area of 200 square feet.
Ms. Kirk asked the current impervious surface coverage, and Mr. Heinz stated it is 19%
so they are asking for an increase of 1% over what exists which is 1% over what was
shown on the original plot plan. Mr. Mayrhofer stated it is actually closer to 2% since
they are requesting almost 21% impervious surface. Mr. Heinz agreed they are asking for
20.97% so it is basically a 2% increase.
Ms. Kirk asked what was added to the property that increased the impervious surface
coverage. Ms. Breth stated they just purchased the home in April and have not made any
changes. The house was built 29 years ago. Mr. Heinz stated looking at the existing plot
plan that was on record at the Township, it appears to him that they increased the
driveway area to provide another parking space at some point.
Ms. Kirk asked if they will expand the garage from a single-car garage to a two-car
garage, and Mr. Heinz stated they will and will also be adding another layer on the
second floor underneath a raised dormer type of roof. He stated this will have no bearing
on the impervious surface. Ms. Kirk asked if this additional part being added will be
used for storage, and Mr. Heinz stated it will be mostly for activity space. Ms. Breth
stated this will be a bonus room. Ms. Kirk asked if when they expand the garage area,
will they have a second level to the garage area; and Mr. Heinz stated there is planned
space above the garage under an additional raised peak of the roof and a dormer on the
back. Ms. Kirk asked if this would be used for storage or will it be converted into living
area; and Ms. Breth stated it will hopefully be a bonus room at some point in the future
where they will put a pool table. Ms. Kirk asked about the proposed enclosed sun room;
and it was noted it will be one story.
Mr. Mayrhofer asked if they have a head-on view of the Plan, and Mr. Heinz was able to
show this on his computer.
Mr. Toadvine stated they are also requesting a Variance from the front yard setback of
approximately ten inches, and Mr. Heinz agreed. He noted there is a corner of the
proposed garage that extends beyond the setback by about ten inches into the front yard
Ms. McGrath asked the height of the new addition of the garage, and Mr. Heinz stated it
will be 24.5.
Mr. Heinz was asked about the visual being shown on his computer, and Mr. Heinz stated
the roof line is currently a 5/12 pitch, and they are raising it to a 10/12 pitch so it will be a
higher ridge line. In the rear it will have a dormer that will come off in the back and
allow for more space on the second floor. It will be accessible from an interior stair.
The roof line will be completely across the entire house and there will be three dormers
that are extended in front. The height is 24.5 feet. Ms. Breth stated what
Mr. Heinz is describing will be the most extreme case that it would go across the entire
house as they have not yet finalized their discussions with the contractors.
Mr. Habgood stated when he reviewed the Application he also reviewed the approved
linen for Yardley Hunt to check the square footage, and the square footage of the
property is more than what is shown on the site plan so the increase is actually less than
what the Applicant is requesting. He stated the square footage on the recorded linen is
19,582 square feet and they are showing 18,764 square feet. He also calculated their
impervious surface calculations and the figures on the site plan are also incorrect. He
stated the impervious surface he gets is 20.1%. Mr. Bamburak asked if he checked the
height of the proposed new construction, and Mr. Habgood stated that no documents
were submitted for the elevation of the property. He stated the maximum elevation
allowed for a single-family dwelling is 35. Mr. Mayrhofer stated Mr. Habgood has
indicated that as they propose to build on the Plan, the impervious surface will be 20.1%
instead of the 21%, and Ms. Breth agreed to accept those calculations.
Mr. Toadvine stated he feels they all agree that whatever the impervious surface is or is
going to be, the bottom line is that they are going to add an additional 201 square feet of
impervious coverage, and Mr. Heinz agreed. Mr. Toadvine suggested that if the Board
approves this, they base the approval on the additional square footage of impervious to be
added as opposed to a percentage. Mr. Heinz stated the exact amount of additional
square footage to be added is 201.37 square feet.
Mr. Mayrhofer moved, Mr. Malinowski seconded and it was unanimously carried to
approve an increase of 202 square feet of impervious surface and a front yard setback to
be 39 2.
OTHER BUSINESS APPEALS #05-1311, #05-1312, #05-1313
Ms. Kirk announced that the Allegheny Valley School Appeals were scheduled for a
Special Hearing before the Board on August 9. It was later determined that Mr. Toadvine
was not available on that date; and after much discussion, it was determined that
meeting for the Board. Mr. Habgood stated they did send out a notice to all the residents
who requested Party Status. Ms. Kirk noted Mr. Toadvine has also sent confirming
letters to all Counsel involved. Ms. Kirk stated she will not be present that evening.
It was noted that neither Mr. Malinowski nor Mr. Mayrhofer will be present either.
Ms. Kirk stated she did advise Mr. Schneider that she would not be present at the meeting
on the 16th , and he had no objection to her reviewing the notes of testimony or Minutes
of that meeting.
Mr. Malinowski moved, Mr. Dobson seconded and it was unanimously carried to adjourn the meeting at
David Malinowski, Secretary