APPLICATION OI' MARIANNE HAYES
BEFORE THE ZONING FIEARTNG BOARD OF
CHARLE S TOWN TOVAISHIP,
CFMSTER COIIT{TY, PEM{SYN,VANIA
NO. 04-16
DECISION
The Application of Marianne Hayes was heeud by the Zo:ning Hearing Board
Charlestown 'fownship on December
l,
of
2016, al the Great \/alley Middle School.
Marianne Hayes, herein, "Applicant," and Rog;er N. Hayes, il'e the legal owners of
realty and improvements located at X,29 Sagevrood Drive, Chzudestown Township,
property situated
a
in a Planned Residential I)er,'elopment, known as Charlestown
Meadcrws. Situated on said property is a single family attachecl dwelliLng, and a dleck
that extends from the rear wall <lf Applicant's dwelling. Appnicant desires to extend the
deck and construct steps to serve
part ol the proposed steps
will
it.
Part of Applicant's proposed deck extension and
encroach upon an area designated "'open space" under the
Charlerstown lfownship Zoning Ordinance, as amended, hereinafter, the "OrdinanL,ce."
Applicanl has requested that the Zoring Hearing Board grant variances from $fi27606,lltf2) wd 27-7503.C(1) of the Ordinance so that Applicrrnt may construct the
proposed extended deck and steps notwithstanrling the encroachment
of part of
said
of
rsaid
structurres into an area designated "open space".
Applicant presented testjmonial and documentary evidence
in
support
variance.requests. Applicant sulbmitted into evidence the fc,llowing documents:
Exhibrit A-1, a letter dated September I2:., 2016, to Applicant and her husband
from T'heresa Campbell,
of
CCR Management, Inc. inforrming Applicant that
Charlerstown Meadows' Board
of
Directors had granted archLitectural approval of
Applicant's proposed deck.
Exhibit A-2,
a sketch plan, depicting the rear wall ,of Applicant's house,
Applicant's existing deck, and Applicant's proposecl extendecl deck.
Exhibit A-3,
authorizing
Jhis
a letter, dated lrlovember 2'1, 2016, sigrred by Roger Ha'yes,
wife to proceed orr his behalf in the rnatter of l{o. A4-2016.
A sketch plan of the prop,rrsed
exl;ended dec,k anLd its accoss steps, prepared" by
Decks R Us, and part of Charlestown Meadows' Development Plan which depicted
Applic:ant's lot, with improvements and open spaces required b1'the Ordinance, which
plans were attached to Applicant's zoningApplicati,cn.
Daniel T. Wright, lP.E., ChLarlesttown Townstrip's Zoning Officer appeared at the
hearing and submitted into evide.nce his letter, dated Octoberr 25,20t6, which set flrrth
various calculations relevant to the impact
required Open Space. T-
of
,A.pplicant's prroposed structures on
l
As a result of Rotrert Wert's resignation, Mlichael Bowelll, the Zoning Board's
vice-prresident, made
a rnotion that .[ean Bomm, the Board's alternate member,
be
granted full memhership power to hear: and vote on applications lrresented to the zorjng
hearing Board on December 1 ,2l)16. Mr. Bowell's mol.ion was unanimously approved
by the Board.
At the close of hearing, tht: Zonrtng Hearing Board voted.[n open session, on the
record, and unanimously grantercl Applicant vanances
1503.C(1), of the OrdinarLce so
1.hat
from
$ii27-606.B(2) md 2'7-
Aprplicant may c:onstruct the proposed structures.
The Zoning Hearing Boar:d makers Findings of Fact and Conclusi,:ns of Law trereafter in
suppoft of its Decision and Order.
IIIND-INGS OF FACT
1"
Applicant and Rogerr N. Hayes are the Llgal owners
of I29 Sagewood
I)rive, Charlestovyn TowrLship, Chester County, Pennsyl.r ania.
2"
Applicant's property' is located in a Planned l{esidential Development
(PRD-2) district
ernd
-2
is subject to the d,ensity, open srpace, arrd dwe,lling unit composition
set forth in (i27-606.8.(2) of the Ordinance.
z
3.
927-606.8(2) of sairl Ordinance provides that not less than fifty percent
(50%) of the total arca of a PlanLned Residential De''relopment2
-
shall be designated as
open space, and subject to the provisions of Article -KV.
4.
with
Attached to the rear wall of Applicant's dwelling iis a rectangular deck,
width of 12 feet, a depth of 6 feet, and an area of 72
a
5.
shape,
square,
feet. Exhibit A-2
Applicant proposes to construct an extension to sairJ deck, rectangular in
with a width of 16 feet, eleven inches, a depth of fifteern feet, and an area of
253.75 square feet. Exhibit A-2
6.
The deck will be accessecl by steps, siluated in an aprproximate 4 feet try
3
feet at'ea, attached to the side of the proposed ex;ended deck ''rrhich is closer to 127
Sagewood
Drive. Exhibit A-2
7.
Part of Applicant's proposed deck extension and part of Applicant's
proposied steps
will
encroach upon c)pen space. Ilxhibits T-1 emd A-2, Applicatiion;
Ordinanc e $27 -1503.C( 1 ).
8.
A total of 85 square feet of Applicant's proposed
s'Lnuctures
will
encroach
upon open space. Exhibit T-1
9.
If the Board grants l\pplir;ant's
at Charlestown Meadows
will
requesl;ed variances, tlhe area of open space
exceed that required by the Ordin.ance
by 12,004 square
feet.
10.
Applicant informed the Board that drplicant will r;onstruct and maintain,
at Applicant's expense, as long as Applicant's deck exists, a priivacy wall, six feert in
length, on the edge
of Applicant's
deck, which adjoins the deck situated
at
131
Sagewood Drive, a location whiclh is depicted on A-2 as two parallel broken lines.
10.
Charlestown Meadows Community Association approved Applicant's
proposied deck extension. A-1
1
1.
Notices of Hearing were advertised in the Daily Local News on Novenlber
19, 2016, and November 23, 2016. Exhibit B-
1
12.
Daniel T. Wright, P.E., Charlestown T'ownship's Z<>ning Officer, posted a
Notice of Hearing on the property in compliance 'with the Ordinance and said Notice
was posted continually until the date of hearing, Exhibit B-3
13.
Adjoining property owners were provided with tim,ply Notices of Hearing
as required by the
Ordinance. ExhibitB-2
CONCLUSIONS OF LAW
1.
Variances may be granl;ed
to Applicant to
cons;truct
an
extensionL to
Applicant's existring deck and fon the installation of steps as the area of saicl structures
that will encroach open space totals 85 square feet which this Board deems de minimis
as the required open space area
of Charlestown Meadows witl
exoeed
fifty
perr::ent
(50%) of the lot area of Charlestown Meadows by 12,004 square feet e'ven
if said
variances are granted.
2.
In order to obtain a de minimis variance, Applicant need
no1.
prove the
quantutm of unnecessary hardship required to prove a grarrt of'a tra.ditional varriance.
3"
Applicant's propose,d exlension of ttre existing de,ck will not alter the
essential character
of Charlestown Meadows or the PRD district in which
property is located, nor
will it
subsl.antially impair the appropriate use
.,A,pplicant's
of
adjar;ent
property or be detrimental to public welfare.
4.
Notice of Hearing was properly made .in accordimce with the Pennsylvi,rnia
Municipalities Planning Code and provisions of the Charlestown Township Zoning
Ordinance. as amended.
4
ORDER
)'(A
It is hereby Ordered this l0- day of .nanuilry, 20X7, that Applicant,
Marianne
Hayes, is granted variances frorn $$27-606.8.(2) and27-1503.C.(1) of the Ordinence
so that Applicant may construct steps and an exte:nsion to the existing deck presently
situated
at I29 Sagewood Drive, provided Applicant complies with the following
conditions: (1) the deck and steps shall be construr;ted in accord with the design md at
locations depicted on Applicant's Exhibit
A-2
arrd plans prepared
by Decks R
Us,
to Applicant's Application; (2) Applir;ant shall cr:mply with aIl other
requirements of Charlestown Township's Zonin1; and Subdirrision Ordinances; (3)
attached
Construction shall be completedwithin sixmonths of the date of"this Order. This Order
shall be retroactively effective to December
l,
'.2016; however, appeal r:ights shall
commence on the mail date of this Order; and Applicant shall construct and maintain, at
Applicant's expense, as long as Applicant's deck exists, a pri''racy wall, six feet in
length, on the edge
of Applicant's
deck, which adjoins the deck situafed
at
131
Sagewood Drive, a location which is depicted on A-2 as two parallel broken lines.
BY'TFIE ZO}{ING HEARING BOARD
OF CHARLE STOWN TOSTNSHIP :
o.Vw
aa]L rtr,, lA fti,t/U /@,ttt-
C' [,n'
1i"h" C. r"r*ti',
l'-ffin;U-
lMichael Bowell, Vice-Chairman
tt.r^-lfuaux,lt
lfelan
Bomm, r\lternate
5
(1(
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