Agenda - Planning Commission - 06/03/2004

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7,. B. April 25, 2004 -- Page 5. Under the zoning ~ od,~, single-family dwellings were limited to a 35-foot height restriction. Hackert sued to ge~: permission to bund a house taller than the applicable height restriction.. The .:otwt ruled in favor of the township. Hackert appealed, a cguing the 35-foot restriction violated his constitutional duc process fig'hts. DECISION: Aflirme, 4. A citizen was deni¢4 due process when legislationhad no reasonable basis for existence. However Hackert provided no evidence the 35-foot height limi- tation k'or single-~amil}, dwellings was unconstitutional on its face or as ap- pticd to his property. Thc slated purpose :)t' lhe di~¢trict zoning regulations, including the height re.~lricdon, was to act:or m~,-xtare several levels of developmental density based on ~ltitities and the envi cot~mentaI character of the area. [-tackert faiJed to ez. plain why a 35-foot height restriction did not further thi.'; ol~iective or why this objective did not preserve the public health, safety, and general welfare of 'e:-;iden~s. Consequently, it was presumed to be a rea- so nablc restrict/on a. nd mmune r.o constitutional challeage. - ,~'et; al.~'o: Bell Ri'vet ,4..~,~' )ci/.trion v. Chirla Charter Township, 565 N.W.2d 695 .ve~; al.'~'o: Gore v. Yer~d. dr.:, 576 N. !4/:2d ]4] (1998). Ea.sement -- Celt tree limbs arid roots create an easement? Trees e~tcroach~:d on m ighbori~zg property for over 20 years Cira~oa: Korexko v. Fat ~ev. Commonwealth Court of Penn~lvania, No. 16;~7 C.D. 2005' (20J4) PENNS YLVAN~A (03/i 0/04) .---- Korseko purchased prope~ that ~cluded .several ot.d trees tlmt hm ~g t),/er the bound~ with the neighbo~g prope~. Thc neighboring pro~)er~y was sold to M.J. F~tey Development Co. ~c. Fm'tc.,y wtmmd to subdivi, te t}:m prope~z and cons~ct a second residence on it. The subdivision plan proposed the ~staHation of a water hne ~d a drive- way acer the b~)undary [r :e:~. The placement of the water ~ne and the dhveway would likely harm the root ?stems of the trees. k~ori-~sko sued, ciainu,a~: because hs trees' roots, and br~ches encroached on dm m:i ghbormg pct.>pc ~y l:'or over 20 ye~s, a prescriptive easement e~sted lot the t~-ee roofs and bra:~che,s. Consequently, Koresko asseaed development of rt~c t~ropert~ would u ~re:[sonabty inre~ere with ~s easement..~e cou~ ruled in Fartey's favor. Koresko appc:~ded. DE I ~ IS !O~: A flit med. Korcskt> failed ~o sta~,: ;~ cl. am~ for prescriptive easement. 2004 I2umlan Pur~lishiW ~:uuo, A~ y 'er.roduction }s prohibited. For more information please call (617) 542-0048. 111