Morrison to continue as charing of zoning hearing panel
Mark Morrison was selected to continue as the chairman of the Fayette County Zoning Hearing Board Wednesday during the annual reorganization of the board. Ricardo Cicconi, who was absent from the afternoon action of the board, was selected as secretary. Both motions passed unanimously, with Morrison and board members Pete Broskey and Charles Cieszynski voting in favor of them.
In other action Wednesday, the board heard testimony about a request for the board to reverse a decision of the Fayette County Planning Commission to deny the approval of the land development plan for Indian Creek Camplands in Springfield Township.
Robert R. Crider Jr., David Crider, Paul Mulligan and Robert R. Crider Sr. are objecting to the campground plans by Leon Shal, who plans to open a 162-campground site on 100 acres.
Attorney for the objectors, Richard Bower, said there are two major issues, including the fact that the plans call for putting a private gate on a public road and the fact that the road in question is a public road and a gate cannot be put on a public road.
Sheryl Heid, the attorney for the Fayette County Planning, Zoning and Economic Development Office, said the attorney for Shal, Thomas Bowlen, agreed that the private road designation and plans for the gate will be removed.
Bowlen said the plan was approved without the planning commission addressing the “technical requirements” and said he will submit a revised plan addressing the gate issues.
Bower said the planning commission should have approved the plan in writing and on the record, and that was not done. He earlier filed a petition with county court, but that is on hold pending the outcome of the ZHB decision.
The ZHB has 45 days to issue a decision in the matter.
The board voted to postpone hearings on related matters for property in Springfield Township. Janice L. Matthew and Stephen E. Burrow were requesting that the board reverse a decision of the office of Planning, Zoning and Community Development in the issuance of a zoning certificate for construction of a residential garage. Daniel R. Staley and Karen M. Oleksak, who are building the garage, are requesting the board to grant a variance from setback requirements.
Following more than an hour of negotiating, Bower, the attorney for Matthew and Burrow, and Charles Gentile, attorney for Staley and Oleksak, asked the board to continue the hearing.
Bower said the issues are resolved and once a tentative agreement is written, a hearing can be held on the variance and the objection will be dropped.
Gentile said part of the issue is the location of the property line. The hearing was rescheduled for 1:30 p.m. on March 19.
The board dismissed a request for a special exception for multiple family dwellings made by Chelsea Ritenour Jr., Chelsea Ritenour Sr. and Carl R. Ritenour in Dunbar Township after none of the petitioners showed up for the hearing.
In old business, the board unanimously voted to allow Blanche Chearney to subdivide her Saltlick Township property into two parcels. The A-1 agricultural rural property includes an existing home, garage and cinder block building. She was officially granted a variance from setback requirements, which was necessary for the subdivision, although the buildings were constructed prior to adoption of the zoning ordinance.
As a condition of the approval, the board stipulated that Chearney must provide water rights to the house she intents to sell, which receives water from a spring on the property that is not being sold. The property that holds the spring will be sold to her daughter, who lives on adjoining property and also uses the spring for her water supply. The motion was approved with a 3-0 vote with Morrison, Cieszynski and Broskey voting in favor.
The board also approved a request for Amerikohl Mining Inc. to set up a surface mining operation at the Richhill stone quarry in Springfield Township. Harry and Martha Fabian own the 43.4 acres of property. Hours of operation will be 6 a.m. to 4 p.m.
As a condition of the approval, the mining company must comply with all state, federal and local regulations. Failure to comply will result in revocation of the approval. Morrison and Broskey voted 2-0 in favor of the motion.
Cieszynski, who was not present when the hearing was held on the matter, abstained.