According to the Borough Website, “Columbia Borough is defined by various zoning districts. The Zoning Ordinance lists permitted uses for each district. Districts include residential (rural, low density, medium density, high density), commercial (downtown, neighborhood, highway), industrial (light, general), park, and conservation. Each district has specific regulations including set backs, structure height, parking and sign requirements.”
The August meeting of the Zoning Hearing Board was convened last night at 7:00 pm by Chairperson Beverly Shank (this data was extracted from the Columbia Borough Website: “The seven-member Zoning Board of Adjustment is appointed by Borough Council. The Board meets as needed on the last Wednesday of each month. Members include: Beverly Shank, Chair; Cleon Berntheizel , Vice Chair; Joseph Nikolaus, Member; Jamie Hess, Member and William Melbert, Member.”)
All Board Members were present. Additionally, the Borough Zoning and Codes officer, Jeffrey Helm; Board recorder, Ray Danyo and Board Solicitor, Joselle Cleary attended. Council president, Mary Wickenheiser and mayor, Leo Lutz, and two citizens attended the meeting along with applicants for zoning decisions. This information was posted at Columbia news, views & reviews in mid-August:
“LEGAL NOTICE: The Zoning Hearing Board of the Borough of Columbia will meet on Wednesday, August 31, 2011, at 7:00 P.M., in the Municipal Building at 308 Locust Street, Columbia, PA, to consider the following application(s) and/or appeal(s):Todd and Lauren Kauffman, is requesting a modification to a previous zoning decision condition for Kauffman’s Salon located at 310 North Eleventh Street in a Low Density Residential (LDR) zoned district. TMIS, LLC, is requesting special exception(s), variance(s) for parking and/or a modification of a previous zoning decision at 401 Locust Street in a Downtown Commercial (DC) zoned district.Jaydesh Properties, LLC, is requesting special exception(s) and/or variance(s) for construction of a 4 unit mixed use building with parking at 400 Locust Street in a Downtown Commercial(DC) zoned district. If you are a person with a disability wishing to attend this meeting and require an accommodation to participate in the meeting, please contact the Columbia Borough Office at 684- 2467 to discuss how the Borough may accommodate your needs. Jeffrey M. Helm, Zoning Officer
Following the solicitor’s clear and lucid explanatory briefing, the Board entertained the applicant’s presentations legally advertised and listed on the agenda.
Continuance granted … 400 LOCUST STREET – Jaydesh, LLC: The Board approved a continuance request by David Doolittle of Jaydesh, LLC. He asked the Board to move the request to convert and/or construct a condominium/parking/retail site at 200 Locust Street. The Board granted the continuance.
Approved … 310 NORTH 11TH STREET – Kauffman’s Salon, Todd and Lauren Kauffman: The Board approved the applicants’ request to remove tanning stations and install a massage table/station. The Board approved a motion that allows the establishment to have four hair stations and four multi-use stations (manicure, pedicure, massage and/or tanning). The applicants verified that the introduction of massage station will be managed in compliance with the Pennsylvania State Board of Certification guidelines.
Denied … 401 LOCUST STREET – TMIS, LLC. – The Board denied the applicants’ proposal for a variance in parking and the construction of condominium dwellings atop a parking lot at 401 Locust Street. Applicants John DeVitry and Richard Danz, TMIS, LLC general partners, expressed disappointment with the Board’s denial of the request (following an executive session) to construct and alter the existing property into a condominium property with parking facilities. TMIS, LLC. had previous approval to construct a hotel at the site; the decision to change to condominium dwelling was introduced due to the current economic landscape and the apparent excess of hotel rooms in the county.
The meeting was adjourned at 7:59 pm.
About the Zoning Board
The following information about the Zoning Board and Zoning issues is taken from the Columbia Borough Website:
“The Zoning Hearing Board shall consist of five residents of the Borough appointed by Borough Council. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough.
“Alternate members. Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. [Note: As of the adoption date of this chapter, such provisions were in Section 903 (b) of such Act.]
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following: (1) Appeal of a decision by the Zoning Officer. (a) The Board shall hear and decide appeals where it is alleged by an affected person, entity or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter. (b) See time limitations for appeals in § 220-11F. (2) Challenge to the validity of the chapter or map. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1 and 916 Editor’s Note: See now Section 915.1 of the Municipalities Planning Code (53 P.S. § 10915.1). of such Act.)
Variance. The Board shall hear requests for variances filed with the Borough staff in writing.
Standards. The Board may grant a variance only within the limitations of state law. Note: As of the adoption date of this chapter, Section 910.2 of the State Municipalities Planning Code provided that all of the following findings must be made, where relevant:
1. There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
2. Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and a variance is therefore necessary to enable the reasonable use of the property;
3. Such unnecessary hardship has not been created by the appellant;
4. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
5. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
The Borough Planning Commission should be provided with an opportunity to provide a review of a variance request.
Special exception.
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 220-16.
Conditions. In granting a special exception, the Zoning Hearing Boardmay attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
The Borough Planning Commission should be provided with an opportunity to review a special exception application.
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a “reasonable accommodation” under the Americans With Disabilities Act and/or the Federal Fair Housing Act and/or applicable state law, as amended, to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were primarily within Section 909.1 of such law.)
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