ZONING HEARING BOARD OF WARWICK TOWNSHIP BUCKS COUNTY, PENNSYLVANIA Docket No. 15-7 Applicants: Owners: Subject Property: Requested Relief: Adam and Karen Sailor 2195 Warwick Road Warrington, PA 18976 Same. Tax Parcel Nos. 51-1-7 and 51-1-7-1, which are respectively located at 2195 and 2199 Warwick Road in Warwick Township. The Applicants propose a subdivision of the two lots into seven single-family detached residential building lots and request the following variances from the Warwick Township Zoning Ordinance ( Ordinance ) in order to do so: 1. from 195-16.B.12.j, to permit an accessory structure within a front yard; 2. from 195-31.B, to permit a front yard setback distance of less than the 40 feet required; 3. from 195-60.D.2, to permit disturbance of more than 20% of woodlands which are not located in environmentally sensitive areas; and 4. from 195-64, to eliminate the reforestation requirements for woodland disturbance in excess of 20%. Hearing History: The application was filed in Warwick Township on July 13, 2015. The hearing was held on September 1, 2015 at the Warwick Township Administration Building, 1733 Township Greene, Jamison, PA 18929. Appearances: Applicant by: Kurt Shaffer, Esq. 1140 York Road Warminster, PA 18974 Mailing Date: September 18, 2015
D E C I S I O N FINDINGS OF FACT: 1. The Zoning Hearing Board of Warwick Township met the requirements of the Zoning Ordinance, the Municipalities Planning Code, and other relevant statutes as to legal notice of the hearing held. 2. The Applicants are the Owners of the Subject Property and therefore possessed of the requisite standing to make application to this Board. 3. The Subject Property is located in the RR, Residential-Agricultural Zoning District of Warwick Township. It consists of two tax parcels which, when combined, contain a gross site area of 6.777 acres. Pursuant to the site capacity calculations of the Ordinance, the base site area is 6.619 acres. Tax Parcel No. 51-1-7 is improved with the Applicants single-family detached dwelling and detached garage. Tax Parcel No. 51-1-7-1 contains a residential structure and several accessory structures. 4. The Subject Property, as it presently exists, is depicted on page 2 of Exhibit B-1.B, the Preliminary Subdivision and Land Development Plans, prepared by Holmes Cunningham, LLC, dated June 30, 2015, the Existing Conditions Plan. 5. According to the Applicants, the structures on Tax Parcel No. 51-1-7-1 are in deteriorating condition having suffered from deferred maintenance. The main residential structure on it is occupied by residential tenants. 6. The Applicants propose to combine the two tax parcels and then subdivide them into seven residential building lots. If approved, the structures on Tax Parcel No. 51-1-7-1 will be removed. 7. The Applicants propose to maintain their single-family residence and detached garage on proposed Lot #1. The use proposed for all of the seven lots is as a single-family detached dwelling, Use B1, which is permitted by right in the RR Zoning District, pursuant to Ordinance 195-30.A. 8. The dimensional and bulk criteria for a single-family detached dwelling in the RR District are set forth at Ordinance 195-16.B.1.a.2. 9. With the exception of proposed Lot #1, the balance of the seven residential building lots meet these dimensional requirements. 10. During the hearing, the Applicants presented Exhibit A-1, a Site Rendering prepared by Holmes Cunningham, LLC. The proposed development of the Subject Property is as depicted on Exhibit A-1 which modifies the Record Site Plan, page 3 of Exhibit B-1.B, but only as to the location of the public water and sewer easement 2
proposed to extend from the Warwick Township Water and Sewer Authority property, located contiguous to the Subject Property to its north. 11. The Applicants engineer, Kristen Holmes, P.E., credibly testified that these utility easements were relocated at the request of the Warwick Township Water and Sewer Authority. 12. The plans propose the construction of a private road, built to Township roadway specifications, along the western property line, as depicted in Exhibit A-1. 13. The proposed homes will be served by public water and sewer from the lines installed in the utility easement area, which will be coterminous with a walking trail, as depicted on Exhibit A-1 within the utility easement area. 14. A sidewalk is depicted in front of the houses located on Lots 2 through 7, and on the western side of proposed Lot #1. 15. Further, a stormwater management facility will be constructed as depicted in the plans which is, according to the testimony of Ms. Holmes, located at the lowest point of the Subject Property in order to maximize its utility. 16. Two of the four variances sought relate to proposed Lot #1 which accommodates the Applicants home. The construction of the proposed private road will convert proposed Lot #1 into a corner lot as it presently fronts on Warwick Road and the new road will be located along its western property line. 17. Both the residence and detached garage that exist on proposed Lot #1 are conforming, currently, to the dimensional requirements of the Ordinance, however, the creation of the private road will result in a front yard setback distance, from the new road, of 38 feet, instead of the 40 foot front yard setback distance required by 195-16.B.1.a.2. 18. Further, as a result of the construction of the private road, the existing detached garage, which is located to the rear of the residential structure on proposed Lot #1, will now be located in the front yard as it relates to the new road. 19. Ordinance 195-16.B.12.j requires that all accessory structures be located further back from the new road than the primary structure. Its continued existence, however, places it within the front yard of the new road since a corner lot contains two front yards. 20. The Subject Property is burdened with woodlands, as defined in the Ordinance, depicted on the existing conditions plan of Exhibit B-1.B. 21. Ordinance 195-60.D defines woodlands to be located in either environmentally sensitive areas or, if not, as other woodland areas. 3
22. The credible evidence presented by Ms. Holmes indicates that the woodlands on the Subject Property constitute other woodland areas, as defined at Ordinance 195-60.D.2. That section limits disturbance of those types of woodlands to 20%. 23. In order to develop the property as proposed, a disturbance of 40% of the other woodlands area is required. The evidence indicates that approximately half of the woodlands disturbance is necessitated by the location of the stormwater facility as proposed on the Subject Property and the bulk of the remainder of the woodlands disturbance will occur within the 20 foot wide water and sewer utility easement and the proposed walking trail on it. 24. Ordinance 195-64 contains reforestation requirements in the event of woodland disturbance in excess of that permitted. The Applicants have requested a variance from this section in order to eliminate all reforestation requirements. 25. 195-64.F allows replacement trees required by the reforestation provision to be dispersed throughout the proposed development when approved by the Warwick Board of Supervisors. 26. No evidence was presented by the Applicants that would indicate that replacement trees, consistent with the reforestation requirements of 195-64, cannot be located on the Subject Property when developed. 27. Although not depicted on the Existing Conditions Plan that is part of Exhibit B-1.B, Ms. Holmes testified that there are 15 individual trees located on what would be proposed Lots #1 and #2. She testified and agreed that these trees will be replaced consistent with the requirements of the Warwick Township Subdivision and Land Development Ordinance. 28. Further, street trees will be planted along the new road as depicted on Exhibit A-1. 29. If developed as proposed, the stormwater management facilities and the road, sidewalk and walkway will be maintained by a homeowners association consisting of the owners of the seven lots. 30. Holmes further testified that the natural vegetation areas that exist along the western property line of the Subject Property will remain and that, further, all of the proposed lots will be burdened with a deed restriction that precludes the removal of any trees that remain on the property or will be installed pursuant to the Subdivision and Land Development Ordinance or the reforestation requirements. 31. The Subject Property is bordered to its west by a residential subdivision and to its north by the Warwick Water and Sewer Authority. There are residential properties bordering the Subject Property to the east and Warwick Road bounds it to the south. 4
32. A number of residential property owners in the subdivision to the west of the Subject Property testified in opposition to any variance relief and expressed concerns about stormwater management and the impacts of this residential development on their residential development. 33. Warwick Township took no position with regard to this application. CONCLUSIONS OF LAW 1 : 1. The Subject Property has been developed and used consistent with the requirements of the Ordinance. 2. The proposed development of the Subject Property is permitted by right and the development of single-family detached dwellings on the proposed lots is similarly permitted by right. 3. The variances sought are dimensional in nature. 4. The Board concludes that the necessity for roadway access to the permitted lots results in the creation of a corner lot for proposed Lot #1 and that the location of the existing detached garage within the front yard as it relates to the new road represents a de minimis variance from the Ordinance for which no hardship is required. 5. Further, the Board concludes that the woodlands to be disturbed are not environmentally sensitive and the disturbance of up to 40% of those woodlands is necessitated by the proposed location of the stormwater management facility and trail. 6. 195-64 requires reforestation, consistent with its terms, in the event of a disturbance of the non-environmentally sensitive woodlands that exist on the Subject Property to the extent that disturbance exceeds the permitted 20%. 7. Based upon the evidence and plans, the Board concludes that the Applicant has not sustained its burden to obtain a variance from these provisions as the Subject Property, as proposed for development contains sufficient area within which the replacement trees required by that Ordinance section may be dispersed provided approval from the Warwick Township Board of Supervisors during the land development process. 8. The Board concludes that the failure to comply with the reforestation requirements of 195-64 will negatively impact the Subject Property. 1 The Conclusions of Law and Decision result from a 2-1 majority vote of the Board with Board Chairman Kevin Wolf voting against the grant of variance relief to the Applicants. 5
9. However, the Board concludes that the Applicant has presented sufficient evidence to warrant the grant of the dimensional variances sought as to the location of the existing detached garage in the front yard and the front yard setback distance of 38 feet from that road for the existing residence. 10. Further, the Board concludes the necessity of the disturbance of up to 40% of the non-environmentally sensitive woodlands that exist on the property due to the location of the stormwater management facilities at the low point of the Subject Property and the trail and utility easement to the Warwick Township Water and Sewer Authority. 11. The competent evidence presented leads the Board to conclude that, if the three variances approved by the Board hereby are granted, there will be no negative impacts upon surrounding properties or uses. In this regard, the Board concludes that the Township, during the land development process, can require any additional screening vegetation that may be warranted along the western property line of the Subject Property. 12. The evidence establishes that the relief sought by the Applicants is the minimum variance necessary. 13. The variances sought will not alter the essential character of the neighborhood or district in which the Subject Property is located. 14. The Applicants have presented evidence of sufficient factors to warrant the grant of the dimensional variance requested. 15. Accordingly, the Warwick Township Zoning Hearing Board determined, by a 2-1 majority vote, to grant the Applicants request for relief, as is set forth hereafter. 6
ORDER Upon consideration and after hearing, the Warwick Township Zoning Hearing Board hereby GRANTS the following variances from the Warwick Township Zoning Ordinance in order to permit a subdivision of the two lots into seven single family detached residential building lots, as depicted in the Preliminary Subdivision and Land Development Plans, received into evidence as Exhibit B-1, as amended by Exhibit A-1: 1. from 195-16.B.12.j, to permit the maintenance of a detached accessory structure within the front yard of the new proposed roadway; 2. from 195-31.B, to permit the existing residential structure on proposed Lot #1 at a front yard setback distance of 38 feet, instead of the required 40 feet; and 3. from 195-60.D.2, to permit disturbance of no more than 40% of the woodlands which are not located in environmentally sensitive areas. The relief herein granted is subject to compliance with all other applicable governmental ordinances and regulations including the reforestation requirements of 195-64. The variance sought from 195-64 is denied. ZONING HEARING BOARD OF WARWICK TOWNSHIP /s/ Dave Mullen Dave Mullen /s/ Jeffrey G. DiAmico Jeffrey G. DiAmico IMPORTANT NOTE: Pursuant to 195-115 and 195-116 of the Warwick Township Zoning Ordinance, variances or special exceptions granted by the Zoning Hearing Board shall expire one (1) year from the date of the Decision, unless the applicant or owner or successor in interest has commenced construction within that time. Construction will be deemed commenced upon the issuance of a building and/or zoning permit for the approved use. 7