Dennis & Stephanie Sklar

3020 Glenn Avenue

Bensalem, Pa.

19020

Phone

Fax

Email

215-268-7988

215-268-7966

dwspls@comcast.net

Bensalem Township - Zoning Hearing Board

2400 Byberry Road Bensalem, PA 19020

January 14, 2020

Dear Members of the Board,

The purpose of this letter and accompanying application is to request a variance that will afford relief while representing the least modification possible regarding exceedance of the area regulation per Sec.232-167. (d) (1) stating that “Not more than 45 percent of the net lot area may be covered by impervious cover including the building”. While composing this letter on behalf of myself and my wife Stephanie, I found it difficult to make this request to the board based on limited knowledge of what and what not may be relevant given the nature of the violation and the possibility of leaving something out that may be critical. Apologies in advance for your understanding that I only wish to be thorough and for any irrelevant information that is provided herein.

With respect to the Purpose of the R-2 District, enacted and/or adopted ordinances that protect that Purpose and the well-being of the residents therein; we ask only the required relief be given based on the following history (relevant or irrelevant), and why we feel the Zoning Hearing Board should approve our appeal.

1. The property was purchased in 2009 and the following was completed within one year of conveyance.

a. Grantor disclosed the property was owned by family since 1953. (Exh.1) b. Grantor disclosed that the original house was razed due to infestation and

the new house was built in the footprint of the previous house. (Exh.2) c. Grantor was financially unable to address ruinous outdoor surfaces prior

to conveyance (rear patio and walkway leading to the garage, the driveway and the concrete area between the house and garage). (Exh.3)

d. Decided to install a swimming pool on the property and received approval from adjoining neighbors prior to applying.

e. A boundary & topographic survey of the property was completed. (Plot-Plan)

i. Survey revealed curb line encroachment. 1. Disclosed to neighbor who was unconcerned but permitted

removal.

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f. Hired contractors for surface and swimming pool projects (permit(s) obtained).

g. The surface replacements project was unremarkable excepting: i. Encroaching curb line was removed and new curb installed on

property removing burden to title. ii. 68 square feet of encroaching impervious surface was removed

(backfilled & seeded) from the adjoining property. h. The swimming pool project (fiberglass shell) started with remarkable

issues both discovered & adjusted during construction by contractor. i. Contractor reported clay at shallow depth creating concerns

related to the buoyancy of the fiberglass shell and hydrostatic pressure.

1. Controlled by installing sump system. i. The surface slope percentage entering the property from the south was

in in excess of 10% creating the concern of surface water infiltration in the pool.

i. Controlled by raising the pool elevation +0.3’ to meet and not exceed the finished floor elevation of the house and by installing river rock along the rear line of the property for energy dissipation. (Exh. 4 & 5)

j. Slopes to the east and west of the pool ring in excess of 20% & 15% (respectively) raised serious concerns regarding safety when walking around the pool area, the general enjoyment of the area around the pool, access to the side garage door along a somewhat even terrain and surface water runoff.

i. Controlled by extending concrete out from pool ring and creating step downs to gates on east and west side of pool.

1. Step down along western side provides access to garage door, channelization for pool maintenance and a level surface for opening and closing the pool gate to access the area.

2. Step down along eastern side allows opening and closing of gate on a level surface.

ii. Noting that the parcel to the east is down gradient: runoff to the east is controlled by trenching and river rock (to grade) providing limited retention and energy dissipation. A trench drain was installed along the exterior house wall with lowest invert facing west toward driveway.

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2. We feel the Zoning Hearing Board should approve our appeal allowing a variance

under Section 232-781(e) of the Bensalem Township Code of Ordinances as Sec.232-588 & Sec. 232-167. inflict unnecessary hardship given the following reasoning:

a. The property is a 60.00’ x 102.25’ rectangular lot. The lot is narrow when considering the current ordinance requiring a frontage of 75’. The lot is down gradient from the adjoiner sharing the rear lot line and when combined; the following significant challenges had to be met and lead to the violation at inspection:

i. Purchasing a quality product of sufficient depth that would fit within the rear yard and be situated 10’ from any property line.

ii. Setting the pool height correctly to avoid future damage to the product.

iii. Creating an area surrounding the pool reducing immediate and steep downward slopes to the east and west from the pool perimeter considering slopes in excess of 5% would create unsafe conditions.

iv. Maintaining access to the side garage door. v. Ingress/egress from two strategically placed gates. vi. Having a finished area that is enjoyable and does not diminish the

value of the product and its reasonable use on the land.

Regarding Construction:

All of the challenges were met but the combined narrowness of the lot with topographic conditions of both the ground and a 1’± vertical difference between the house finished floor & garage slab required additional concrete to reduce immediate slopes from the pool edge. Additionally, a step down that provides access to the side garage door was created with the realized benefit of providing channelization when performing pool maintenance such as backwashing which would have created erosion on an incoming grass slope from the pool resulting in possible sediment deposits in the driveway and possibly as far as the right of way and even possible damage to the pool in the long term.

Regarding Violation of 232-167(d) (1):

The swimming pool construction was secondary to improving the curb appeal of the house. There were no impervious surfaces added that did not exist at the time of conveyance and the condition of the surfaces indicated that (aside from repairs here and there) the surfaces were most likely in place since the construction of the first house. After receiving the violation, the survey of the property was used to calculate the impervious surface percentage prior to the swimming pool construction (for the purpose of gaining an understanding of our footprint) and was found to be 53.9%.

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In granting this variance, the Zoning Hearing Board can be assured that:

1. Your decision to grant a variance would be consistent with the spirit, purpose and intent of the zoning ordinance based on the diversity of the lots in the area and that many are comparable regarding driveways and swimming pools. The improvements are harmonious.

2. The adjoining properties are not adversely affected and that no complaints were ever received from our neighbors.

3. The improvements do not and have not been the cause of any new or additional surface water run-off in the neighborhood that has been observed since the improvements in 2009.

4. That the pool itself does not adversely affect the environment as it is designed for use with a non-chlorine alternative.

5. That the improvements are in the best interests of the Township as they (along with other improvements by other owners on neighboring properties) contribute to the sustainability of the community due to the age of the houses and required upkeep in keeping the neighborhood a pleasant place visually where activities as simple as taking a walk are enjoyable. Additionally, the improvements resulted in a fair increase of the property tax.

Sincerely,

Dennis W. Sklar

CHECK OFF LIST FOR ZONING HEARING BOARD APPEAL The items listed below are requirements of the application process for the Zoning Hearing Board. Check off the items that accompany this appeal. If item is deemed not applicable put N/A in place of a check mark. If any box is not marked with either a check mark or N/A, the application will be considered incomplete and will not be accepted.

13 copies of Appeal (pages 4 thru 6)

13 copies of Plot Plan

13 copies of Zoning Officers rejection

13 copies of Tax Map

13 copies of deed

13 copies of agreement of sale or lease agreement

13 copies of detailed plan of proposed structure

13 copies of deed searches if your application is for certification of non-conforming use

13 copies of exhibits which would include but are not limited to pictures, diagrams, and changes.

Application must be notarized. Original must be submitted.

Applications and all required material as described must be placed in packet form as follows:

Must submit copy of application and plan(s) on a disc in .pdf file format or email same to lalston@bensalempa.gov

Appeal Plot plan Zoning officers rejection Tax map Deed Agreement of sale or lease agreement if applicable Detailed plan of proposed structure Deed searches, if applicable Exhibits

Notify all adjoining owners by certified mail. Township will provide a list of adjoining properties. to be notified)

The Zoning Hearing Board Clerk is not authorized to fill out your Zoning hearing Board application, correlate the above items or answer technical questions. If you are not sure how to go about appealing to the zoning hearing board, it is advised that you obtain an attorney to help you.

Attached to this checklist is the appeal and instructions on how to fill out the appeal form.

Plot plans may be hand drawn as long as all information is accurate. It must contain all pertinent zoning information. It must contain the names, addresses and tax parcel numbers of all adjoining owners.

To obtain the Zoning Officers rejection notice you must first submit an application or occupancy permit. You will receive your rejection notice in the mail.

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BENSALEM TOWNSHIP Building and Planning Department

2400 Byberry Road ▪ Bensalem PA 19020 215-633-3644 ▪ FAX 215-633-3653

x

x

x

x

xN/A

x

x

x

x

N/A

N/A

Tax maps may be obtained either in Doylestown at the courthouse or in the township building. In order for us to provide you with a copy your tax map, you will need your tax parcel number from your tax bills the courthouse telephone number is 215-355-7497. Ask for tax mapping. You can obtain a copy of your deed from the Recorder of Deeds office in Doylestown. A detailed plan means a plan that shows what you are building. For deed searches of adjoining owners’ properties, you can obtain these at the Recorder of Deeds office in Doylestown. Notarization. Have the first copy notarized and when you make copies of that form the notarization will show up on all the copies. Submit all copies plus the original. Important: the Zoning Hearing Board requires submission of proof of notification, of adjoining property owners before appeal can be heard. This is also a requirement of the Pennsylvania Municipalities Planning Code for appeals to the Zoning Hearing Board. Note: The Township will post a zoning notice in a conspicuous place in front of the premises seven (7) days preceding the hearing.

How To Complete A Zoning Hearing Board Application DEFINITIONS Application for Challenge: Check this item if you intend to challenge the validity of the zoning ordinance, the zoning map, or any provisions thereof which prohibits or restricts the use or development of land in which the appellant has an interest. Application from the Administrative Officer is refusing my application for a building permit: Check this item if you think the Zoning Officer acted improperly or in error in refusing your building permit. Application for Special Exception: Check this item in cases where the zoning ordinance states that special exceptions may be granted or denied by the Zoning Hearing Board. Application for variance: Check this item when you require a variance from the zoning ordinance in order to build on your property. This may be a variance from setbacks, size of property, use of property, etc. You must prove a hardship and that such hardship was not created by the Appellant. Application for certification of a non-conforming use/lot: Check this item if the property has existed as a non-conforming use or a non-conforming lot, in single and separate ownership, continuously since prior to 1954 to the present time. Appellant: The individual applying for the appeal. The Appellant must have a vested interest in the property (owner, lessee, or equitable owner). Attorney: Please provide this information if an attorney is involved. Interest of Appellant if not Owner: Lessee or equitable owner.

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Instructions for questions 1 through 8: 1. Check all items that apply to your application and that you want considered by the Zoning Hearing Board. 2. Description information:

Tax parcel number: this information can be found on your tax bills; at the bucks county court house;

or by researching this information at the township building. You must know the owner of record to find this information.

Location: The address of the property for which you are applying for an appeal. This includes a street

number. If no street number exists, supply the lot number and the street name.

Lot size: What are the dimensions of the lot.

Present use: What is the use of the property at this time.

Present zoning classification: This information may be obtained by applying to the Zoning Officer for a zoning certification or by looking it up on our zoning map at the office of the Bensalem Township Department of Building and Planning.

Present improvements upon land: What is on the land now? House, garage, shed, etc. List

everything that currently exists on the property. If nothing is on the land state "none".

Deed recorded in Doylestown: What are the deed book number and page number(s) of this property? This information can be found on your deed or at the office of the recorder of deeds in Doylestown.

3. What is your basis for challenge? Why do you think the zoning ordinance or zoning map prohibits or restricts your use or development of the land? 4. On what basis did the Zoning Officer issue the rejection? Why do you think the Zoning Officer was in error? 5. List the articles and section numbers of the zoning ordinance you are appealing. This information will be found on the "notice of rejection" form. 6. List the type of action for which you are applying:

are you applying for a variance? If yes, for what are you requesting a variance. are you applying for a special exception? If yes, describe the special exception for which you are

applying. what is the relief you require from the Zoning Hearing Board?

NOTE: If more space is required, attach a separate sheet and make specific reference to the questions being answered. In question #6, above, include the grounds for the appeal or reasons, both with respect to law and fact for granting the Appeal or special exception or variance. 7. Using your own words: Describe why you feel the Zoning Hearing Board should approve your appeal. 8. In the past, have you ever applied for an appeal before the Zoning Hearing Board for this property?

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BENSALEM TOWNSHIP Building and Planning Department

2400 Byberry Road ▪ Bensalem PA 19020 215-633-3644 ▪ FAX 215-633-3653

Township of Bensalem, Bucks County, Pennsylvania

Notice of Appeal Appeal is hereby made by the undersigned from the action of the Zoning Officer.

Check applicable item(s):

Certification of Non-Conforming Use

Application for Validity Challenge

Administrative Officer in refusing my application for a building permit dated:

Special Exception

Variance from the terms of the Zoning Ordinance of the Township of Bensalem

Appellant Name:

Address:

Phone No.

E-Mail Address:

Owner’s Name:

Address:

Phone No.

E-Mail Address:

Attorney Name:

Address:

Phone No.

Interest of appellant, if not owners (agent, lessee, etc.):

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Appeal Number:

Zoning Hearing Board

Exhibit Z-4

x

Dennis Sklar & Stephanie Sklar

3020 Glenn Avenue

Bensalem, PA 19020

215-268-7988

dwspls@comcast.net

(Grantors)

Maryanne Brown & Frank J. Fiedzuik (Grantees)

2837 Ogden Avenue

Bensalem, PA 19020

Unknown - Grantee Realtor: John Kidwell - (215) 869-4159 - American Heritage Realty

Unknown - Grantee Realtor: John Kidwell - jkidwell@ahfr.com

N/A

N/A

N/A

N/A

Former Owner: Property was recorded at Bucks

County in Grantees name on 11/27/2019. A 60-Day Temporary Residential Resale Certificate of

Occupancy was issued stipulating this application as a requirement for Zoning Hearing Board Appeal concerning having exceeded the maximum allowable impervious surface percentage.

1. Application relates to the following:

2. Brief description of Real Estate affected:

3. If this is an appeal to challenge, provide statement and/or basis for challenge to the validity of the zoning ordinance.

4. If this is an Appeal from action of the Zoning Administrative Officer then complete the following:

Date Determination was made:

Your statement of alleged error of Zoning Administrative Office:

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Check items if applicable:

Use Lot Area

Height Yards

Existing Building Proposed Building

Occupancy

Other: (describe)

Tax Parcel Number:

Location:

Lot Size:

Present Use:

Proposed Use:

Present Zoning Classification:

Present Improvement upon Land:

Deed recorded at Doylestown in Deed Book Page

x Swimming Pool Construction in 2009.

02-062-464

2837 Ogden Avenue

6075 Square Feet or 0.139463 Acres±

Residential - Single Family Dwelling

Residential - Single Family Dwelling

R-2

Single Family Home - Detached Garage - Swimming Pool

Instrument No. 2019069002

N/A

N/A

None

Dennis

Text Box

EXHIBIT 1

Dennis

Text Box

EXHIBIT 3