Aug 16, 2002 By Steve Ferris 4 min read

The Uniontown Zoning Hearing Board unanimously denied a request Thursday from Fayette County and Adelphoi Village for a use variance to run a juvenile shelter in the Federal Building downtown. Initially, the county applied for a special exception to the city’s zoning ordinance because the temporary shelter would have been a residential facility and the building, located on West Peter Street, lies within the Central Business District.

Only five residents attended the hearing in city council chambers. Residents filled the room last month during a hearing on the request.

During that July 18 hearing, county solicitor Joseph Ferens Jr. asked that the application be amended to a use variance request because the ordinance does not permit special exceptions for group homes in the business district.

The board formally approved amending the application Thursday before denying the application itself.

“I don’t think the county, through its testimony, has provided evidence to warrant a use variance,” board chairman Richard Lee said before the vote was cast.

“I don’t think the applicant meets any of the criteria necessary for the granting of a variance,” board member Peter Hook said.

The board voted after a 15-minute executive session. Board member Fred Dobeck recused himself from the case because his insurance brokerage sells insurance to the county.

Outside City Hall after the vote was cast, Tammy Shell, director of the county Office of Planning, Zoning and Community Development, said city officials were mad at the county for moving the mental health office out of the city, but the shelter would have created jobs.

Adelphoi attorney Dan Hewitt said he and Adelphoi officials would review the decision before deciding their next move.

The board’s written decision will be mailed to the county, Adelphoi and several residents who entered formal appearances before the board. The first problem identified in the decision is the lack of available parking spaces. Testimony from the July hearing included that 19 spaces are available, but the lot plan shows only 12 spaces, the decision states.

Ordinance requirements call for two spaces for the post office and about 20 for the Fayette County Juvenile Probation office, both of which are operating in the building, and two would be needed for the shelter.

The decision goes on to say that no testimony was offered about a hardship that could be resolved only by a use variance.

Board solicitor Gary Altman said a legal hardship would exist if the building could not be used for any purpose allowed in the ordinance, or it could not be used without “prohibitive” costs.

“While that, in and of itself, is not necessarily dispositive of this question, there are many residential facilities available in the city of Uniontown that could house this proposed use, including a number of existing residential buildings in downtown,” the decision states.

Another reason for the denial was that a shelter is not identified in the city’s comprehensive plan as an appropriate use for that area of town and would impair the appropriate use and development of the area. Three new businesses – a performing arts studio, attorney’s office and a drug store – also are cited in the decision.

“This downtown-area growth is a long time coming and very welcome. To insert a juvenile detention facility into this mix, particularly one that does not have locks on the doors and thus presents an even greater potential safety hazard, is just not appropriate,” the decision reads.

Adelphoi officials said at the July hearing that state law prohibits them from locking the exterior doors on a shelter because it is not a locked-down detention center.

The shelter would have temporarily housed boys or girls 12 to 18 years old while they awaited placement decisions from juvenile court. It would have 24-hour staffing and education and activity programs.

The decision goes on to say that the building can be used for offices, as it was when the federal government owned it.

“If there is a use restriction problem here it was created by Fayette County when it agreed to use restriction in exchange for not paying any consideration for the property,” the decision states.

When the county obtained the building, the deed contained restrictions on how the building could be used.