PV resident Ed White shares his experience with residential zoning
meeting notes
PVCA Meeting 11/6
Topic: Discussion/Presentation with Penn Valley resident and architect Ed White sharing his experience on going before the Zoning Hearing Board (ZHB) for a home renovation
Background:
There is a difference between zoning and codes. Building codes are really set up for safety, to protect you from a fire, from being able to get out of the house or a building for example.
Zoning helps the community govern land use and how they want their community to look and the way they want it to work.
Lower Merion is going through a big zoning revision right now because of all the land development, not only from residences, but from commercial areas like Suburban Square for example or Bala Shopping Center.
As zoning evolves, properties that were constructed under an earlier zoning code no longer conform to the existing or the new zoning code. Most of the houses in Penn Valley are potentially non-conforming. They probably can't meet the modern, the current code.
In order to make changes you have to go before the Zoning Hearing Board (ZHB) to get a variance. In most cases--for what most people want to do--the courts have probably already ruled.
Modifying the interior and certain additions cannot be denied a variance to a legally constructed non-conforming structure. Understanding the State Court rulings is critical if an addition intruding on the setback requirements is being considered. See page 4 of the attached document for background.
Ed’s Property and Project:
House was built legally at the time and this is called a non-conforming property...because it doesn't conform to the existing zoning.
There were several things Ed was really trying to accomplish.
Extend second floor over the garage (within side yard setback)
Put a second floor over what was a legally constructed porch--subsequently converted to a library--also extending into side yard setback
Install two awnings over the east side entrance (extending into setback)
Pennsylvania State courts have ruled that if you have a footprint, and all you want to do is build vertically on it, they cannot deny you a variance or a building permit for that purpose. And they've gone further to say that even if you want to extend it to some reasonable amount (reasonable is not defined) you can even do that and they cannot deny it. The vertical expansions still must comply with the Zoning height restrictions however.
Despite this, in Lower Merion, you still have to go to the ZHB for a variance. Cost to present to the ZHB is a flat fee of $600 every time you go. You must prove to them that what you have is a legally constructed property that is now non-conforming. The Lower Merion Zoning Officer can be and is typically very helpful.
Traced the history of the house back to 1935
All zoning requirements, building permits and any decision that were made from 1935 to present were compiled for the ZHB
Lawyer v. No Lawyer
Lawyer not required
Lawyer added the value of knowing how to present information and what information the ZHB would like to see
Lawyer conducted research of the entire block and showed that Ed’s house was the narrowest lot thereby establishing a “hardship”
Lawyer was able to research and reference case law in support of Ed’s specific issues
Ed paid $4,000 in lawyer fees plus the $600 ZHB fee
Make Up of the Zoning Board:
Ed believes there are four members of the board
Appointed by the commissioners
Kevin Briar is currently the chairman
Neighbor Involvement
Ed went to his neighbors to get their support/sign off
Ed also came to PV Civic for a letter of support
Impression is that they care more about objections than letters of support, but it is still always a good idea to reach out to your neighbors so that you are not taken by surprise by objections down the road
New Code:
Commissioner McKeon has indicated that a new draft of the revised code could come out in December with a possible vote in February
It is our understanding that there will be more opportunity to do certain improvements by right as opposed to having to go before the zoning board
In the new code additions on non-conforming properties that are built straight back on the outside and aren't any wider than the existing property will be “by right”. So as long as you have a minimum 10 foot setback, you can go to the 35 foot limit. If it is less than 10 feet and the full width of the house, you can only go to 16 feet.
Another interesting thing proposed in the new code is that you will be able to put a porch in the setback which might make some of the aesthetics of new builds more pleasing
Decisions:
Ed was given informal decision and then there is a 45 day waiting period for people to object
Once that period passes, the formal decision is issued
If you are denied, the denial letter should cite specifically the issues and specific code as to why you were denied
If you go back to the ZHB again you do have to pay the fee again
You can not really negotiate in real-time during the hearing even though other jurisdictions work this way
Conclusion
Thank you to Ed White
Ed is happy to be a resource to other residents -- feel free to make contact through PV President Michelle Detwiler