Two zoning appeal cases consolidated, county intervention still in the air
The two parties who filed separate appeals against a Fayette County Zoning Hearing Board decision to grant special exemptions and variances for a parcel of land where the new prison is expected to be built will have their cases consolidated, following a brief status conference on Monday.
Also before Westmoreland County Senior Judge William Ober, who was assigned to hear the matter after the entire Fayette County bench recused itself, was a notice from county solicitor Sheryl Heid that the county wishes to intervene in the appeal.
Attorney Richard Bower, who represents Dr. Evelyn Hovanec, John Cofchin, and Ralph and Jerrie Mazza in the appeal, has filed a motion stop the county’s intervention.
Attorney Leslie Mlakar, who represents Terry and Dianne Kriss, owners of the historic Meason House, which is located near the site of the proposed prison, had not filed a similar motion to strike but assured Ober that he objected to the intervention as well and would also file a motion to strike.
Because the matter was not mutually agreed upon by all parties, and Monday’s hearing was a status conference rather than a hearing on the merits of any claims, Ober determined that he would accept written arguments from all parties before ruling on Fayette County’s bid to be included.
Bower explained to the visiting judge that the reason he opposed the county’s intervention was procedural and technical. Specifically, he said the board of commissioners had not approved the intervention, and it was premature to act without a measure that had been voted on by the three commissioners.
Heid argued that the proposed prison would be located within Fayette County, and that the building project is a county project, so the county should be made a party to the appeal case.
The first appeal, from Bower’s clients, came about six weeks after a May 6 hearing in which the ZHB approved special exemptions and variances for the 12.41 acres of property in Dunbar and North Union Townships where the prison is to be built. Mlakar’s appeal came a few weeks later.
Both Bower’s and Mlakar’s clients claim that the application submitted by Commission Chairman Al Ambrosini for exemptions did not address several aspects of the zoning ordinance, which outlines various permits that must be secured prior to being granted the exemptions requested, and that the proposed land use does not comport with the general principles of the ordinance.