Proposed multiple dwelling zoning amendment criticized
The Fayette County commissioners on Tuesday said they would reconsider a proposed amendment to the zoning ordinance that would allow multiple dwellings on large properties in all zoning districts without subdivisions.
The amendment was roundly criticized at a hearing the commissioners held to accept comment.
It would allow one dwelling on property under 20 acres, two dwellings on property between 20 and 100 acres and three dwellings on property over 100 acres, but doubles the size of the required setbacks.
Commissioner Angela Zimmerlink pointed out that the amendment was drafted at the request of Al Ambrosini, chairman of the board of commissioners.
She said the planning commission voted to recommend approval of the amendment, but there should have been more public notice informing residents about that proceeding.
Responding to a question from Zimmerlink, solicitor Sheryl Heid said her office is not in favor of the amendment and all the attorneys she has talked to about it do not support it.
The proposed amendment would conflict with other sections of the zoning ordinance, said Terry McMillen of McMillen Engineering of Uniontown
“You’ll end up tomorrow with an ordinance that conflicts with itself,” McMillen said.
He said he isn’t opposed to allowing more than one home on a property, but the homes should be subdivided.
Unrelated people are buying homes that were once part of old family farms that had multiple homes that members of the family used to live in, McMillen said.
Planning for ingress, egress, water and sewage is difficult unless those homes are subdivided, he said.
The county’s system for approving minor subdivisions is easy and streamlined, McMillen said. The system should be left intact or the commissioners should address the problem that prompted the amendment, he said.
A dwelling is a home for one or more families, McMillen said.
Perry Township Supervisor A. J. Boni said he was disappointed that municipalities were not notified that the planning commission was considering the amendment.
The township allows a family to give a family member a lot as long as it is 10 acres or less, Boni said.
“If it’s not broken don’t fix it,” Boni said. “This should definitely not be adopted as is.”
Bob Garbart, a retired engineer, surveyor and a former planning commission member from North Union Township, said problems always arise after a family sells a farm with multiple homes.
“This issue needs more thorough investigation,” Garbart said.
He said banks want homes subdivided before they provide mortgages and home insurance companies also want to see homes they insure subdivided.
“Approving an amendment in this form would be disastrous,” Garbart said.
Evelyn Hovanec, a former planning commission member from North Union Township, said she is not opposed to multiple dwellings on property zoned for agricultural use, but she does not support the proposed amendment.
“I agree we should go back and take a look at this particular ordinance,” Ambrosini said, adding that he still believes in the idea behind the amendment.