Agenda - Planning Commission - 03/06/2003

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t40 Page 6 -- February 25, 2003 convenience store, drug stores, and a sh°Pping center. Minimum lot size was 10 acres. Wawa requested a variance to merge two 16ts and implement its proposal. The board granted the variance. ' Neighboring property owners sued, and the court ruled'in favor of Wawa. The neighboring property owners appealed, claiming Wawa hadn't shown sufficient hardship. DECISION: Affirmed. Wawa was entitled to the variance. ' Wawa demonstrated sufficient hardship. The purpose of the district was to provide large:-scale integrally planned and designed Office facilities, research buildings, and laboratories. .-: The district was created to consolidate surrounding properties. However, this never occurred, and the properties could never be developed in accordance with the regulations. · Wawa's parcel was the only remaining undeveloped land in the district. Consequently, it could not be developed for a permitted use. The property's triangular, irregular shape intensified the hardship. There was no possibility of purchasing land to meet minimum lot size requirements. Citation: North Bethlehem Neighbors Group v. City of Bethlehem, Commonwealth Cout~ of Pennsylvania, Nos. ]618 C.D.2002 1741 C.D.2002 (2003). .. see also: Laurento v. Zoning Hearing Board'of the Borough'of West Chester, 638 A.2d 437 (]994). see also: Society Created to Reduce Urban Blight v. Zoning Board of AdjUXtment of the City of Philadelphia, 787 A.2d 1123 (2001). Accessory Use -- Neighbor complains of planned coffee shop in public library Claims shop is an illegal commercial business in residential zone MICHIGAN (01/14/03) --Morgan lived next to the. Wyoming Public Library. Both properties were zoned residential. The library was founded in the 1970's. Morgan built his home in 1986. Wyoming approved'an.expansion and remodeling of the library, part of the remodeling plans included an 813 square foot coffee-shop with seating for 27 customers~ Tl~e coffee shop was. going to be operated by an:independent con- tractor or vendor. After construction began, Morgan sued. Morgan argued the inclusion of the coffee shop constituted the placement of a commercial business in a resi- dential' zone. He asked the court to stop the construction. The court ruled in favor of the library, and construct/on was completed. Morgan appealed, claiming the coffee shop. was not a valid accessory use to the library.