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Zoning Hearing Board

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Additional Meetings may be added if needed.

The Zoning Hearing Board Meeting dates for the upcoming year. All meetings are on Thursday evenings at 7:15 PM at the Township Administration Building at 75 E Lancaster Ave, Ardmore, unless otherwise noted.

Rules of Appeals to the Zoning Hearing Board (PDF)

For more information contact Michael Wylie, Zoning Officer at 610-645-6172 or email MWylie@lowermerion.org.

 

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Zoning Hearing Board

MEETING NOTICE AND HEARING NOTICE
TOWNSHIP OF LOWER MERION
ZONING HEARING BOARD

Notice is hereby given that the Zoning Hearing Board of Lower Merion Township will hold a Meeting of the Board as authorized by Section 111 of Chapter 155 of the Lower Merion Code, as amended, to take official Board action. Notice is hereby given that the Zoning Hearing Board of Lower Merion Township will hold a Hearing of the Board as required by Section 113 A of Chapter 155 of the Lower Merion Code, as amended, and Section 908 of the Pennsylvania Municipalities Planning Code.

The Meeting shall be held at the Township Building, 75 East Lancaster Avenue, Ardmore, PA, on Thursday, September 8, 2016, at 6:15 PM. The Hearing shall commence immediately following the Meeting and at the same location on the following matters:


Appeal No. 4394

Applicants: Nancy and William Goldstein
Property: 24 E. Princeton Road, Bala Cynwyd, PA 19004
(Election District #9) R 3 Residence District

The applicants are appealing the determination of the Zoning Officer that removing an elevated screened deck where portions of the deck infringe into the western side yard setback and replacing it with an elevated three-season room in the same location, is not permitted by right. The applicants contend that the Township issued building permits to add stairs to the screened deck and a second floor addition near the deck and request a determination that the proposed three-season room is permitted as a matter of right. Alternatively, the applicants request a variance from §155-28D(1) to allow a portion of the three-season room to infringe into the required side yard setback. The applicants also request to the extent required, any other relief or approval necessary to allow the proposed addition.

Appeal No. 4395

Applicants: Omesh Gupta and Tashveen Kaur
Property: 234 Ardleigh Road, Penn Valley, PA 19072
(Election District #1) R 1 Residence District

The applicants propose to construct a handicapped accessible front vestibule within the front yard setback and a garage addition for handicapped vehicle parking and accessibility that would project into the aggregate side yard setback and are appealing the determination of the Zoning Officer that the proposed additions are not permitted by right under §155-11V and the Fair Housing Act, 42 U.S.C.A. et seq., and require a variance. The applicants request a determination that the proposed improvements are permitted as a matter of right and alternatively they request a variance from §§155-20 C & D(1) to allow a 4 ft portion of the garage addition within the aggregate side yard setback and the vestibule to infringe 8 ft. in to the front yard setback. The applicants also request to the extent required, any other relief or approval necessary to allow the proposed addition.

Appeal No. 4396

Applicant: 10 Union Ave. Associates, L.P.
Property: 10 Union Avenue, Bala Cynwyd, PA 19004
(Election District #9) CAD-BV City Avenue District-Bala Village

The applicant proposes to construct a five-story, 112-unit apartment building over two levels of parking and requests a dimensional variance from §155-219F(4)(e)[2] Public sidewalks to install a 6 ft. wide sidewalk along the street curb leading to the abutting Union Avenue Bridge without a 4 ft. wide hard landscaped strip. The applicant contends that a proposed retaining wall within the right of way for the new Union Avenue Bridge and a Township slope easement along the wall prevents the installation of the required 8 ft. wide sidewalk and 4ft. wide hard landscaped strip, and the variance should be granted. The applicant also requests to the extent required, any other relief or approval necessary to allow the proposed development.

Appeal No. 4389

Applicant: Athens Avenue Apartments LLC c/o Harry Sauer
Property: 205 E. Athens Avenue, Ardmore, PA 19003
(Election District #8) R 4 Residence District

Pursuant to Lower Merion Township Zoning Code §155-110 and PA Municipalities Planning Code section 909.1, the applicant is appealing the Zoning Officer's refusal to register the existing four-unit apartment house as a legal nonconforming use and determination that the lawful use of the apartment house is limited to three units rather than the currently licensed four units. The applicant contends that they have a vested right or are entitled to a variance by estoppel to continue the four-unit apartment house use of the property and that the Township is equitably estopped from now considering the four-unit apartment house an illegal use. The applicant requests a determination that the four-unit apartment house is a legal use that can continue and can be registered per §155-102 as a legal nonconforming use. With that, the applicant proposes to renovate the nonconforming four-unit apartment house and remove a three-story fire tower, an attached two-car garage, a patio, and driveway areas and construct a three-story rear addition with four single-car garages and driveway and parking areas. The applicant seeks the following: 1) a special exception under §155-99B(2) to expand the nonconforming apartment house use by not more 25%, 2) to the extent necessary, a variance from §155-99B(3) and/or §155-114D(2) to allow a reduced portion of the existing driveway to remain within the required buffer area, and 3) any other relief or approval necessary to allow the proposed improvements and use.

Appeal No. 4390

Applicants: Merion Community Coalition c/o Barbara Sylk, Dr. Walter Herman,
Robert A, Marmon, Lydie S. Brown, and Ina Asher
Property: Saint Joseph's University, owner of the affected property, 401 City Avenue,
356-476 & 480 North Latchs Lane, 35 & 39 Berwick Road and
215-333 City Avenue, Merion Station, PA 19066
(Election District #12) RAA and RA Residence Districts

The applicants are appealing the April 18, 2016 determination of the Zoning Officer requiring Saint Joseph's University (SJU) to construct 25 of 78 parking spaces allowed to be held in reserve in Appeal No. 4011. The applicants contend that the Zoning Officer does not have the discretion to order less than the 78 reserve parking spaces or allow the parking spaces to be installed anywhere but behind McShain Hall (333 City Avenue), that 25 parking spaces are inadequate to meet SJU's parking needs for the campus, and request that the Board amend and enforce the Zoning Officer's determination by requiring construction of the entire 78-space parking lot behind McShain Hall. The applicants also request that during the pendency of this appeal and all court appeals from any Board order, that the Board toll the running of the ten-year period during which the 78 McShain parking spaces remain reserved and subject to a construction order by the Zoning Officer.

Appeal No. 4386 - POSTPONED

Applicant: The Gladwyne Montessori School
Property: 920, 908, and 900 Youngs Ford Road and
941 Black Rock Road, Gladwyne, PA 19035
(Election District #1) R 1 Residence District

The Gladwyne Montessori School seeks a special exception under §155-11X for the following: 1) consolidate the properties and a portion of 900 Youngs Ford Road for school use, 2) relocate and install new outdoor field and play areas and parking areas, 3) approval for recently added 7th and 8th grade students, 4) use of the Kindergym as the largest place of public assembly, and 5) increase the number of faculty, staff, and volunteers to a total of 80. The school contends it holds 24 special events per year and conducts the following programs: a) Parent-Toddler - twice a day, twice a week, 9 parents with 1 child each, b) Summer Camps - 7 weeks, 105 participants, and c) Teacher Education Program - 6 weeks during the summer and 1 weekend spring and fall, 12 participants, and seeks approval for the special events and programs, if and to the extent any are determined to constitute an expanded use which a special exception under §155-11X may be required. The school also requests a waiver under §155-95AA(4) of 50% of the additional parking spaces required by the proposed expansion, and to the extent necessary, any other approval, special exception or variance relief required to allow the proposed consolidation, use, and expansion.


 

Anyone interested in reviewing the applications and plans may review this information in the Building Regulations Division at the Township Building, between 8:15 AM and 4:30 PM, Monday through Friday. Anyone requiring special accommodations for the Meeting or the Hearing should contact this office at least three days prior to the hearing at (610) 645-6172.

By Order of the Zoning Hearing Board.
Michael R. Wylie, Secretary

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