EAST GOSHEN TOWNSHIP ZONING HEARING BOARD APPLICATION of ROBERT JORDAN 1631 E. Strasburg Road Tax Parcel No.: 53-04-135 Applica

EAST GOSHEN TOWNSHIP ZONING HEARING BOARD

APPLICATION OF ROBERT JORDAN

1631 E. Strasburg Road Tax Parcel No.: 53-04-135

Applicant seeks relief from the Zoning Ordinance of the East Goshen Township Code in order to construct a single-family, detached dwelling, including the following related improvements: (i) a variance from Zoning Ordinance § 240- 25.C.(5)(d)[1], to construct a single-family dwelling on more than 500 square feet of 25% or greater natural slopes, by altering grade and natural soil conditions; (ii) a variance from Zoning Ordinance § 240-25.C.(5)(d)[2], to construct a single-family dwelling and related improvements on more than 500 square feet of contiguous area of 25% or greater natural slopes with resulting impervious coverage greater than maximum 5% on a lot that is less than three acres; and (iii) a variance from Zoning Ordinance § 240-40.A.(1)(b), to use and improve upon a non-conforming lot.

HEARING DATE: Tuesday, October 27, 2020 at 7 p.m.

BOARD EXHIBITS:

B-1: Zoning Application dated September 29, 2020, with supporting documentation

B-2: Proof of Publication (with Legal Notice appearing in the Daily Local News on September 12, 2020 and September 19, 2020)

B-3: Affidavit of Posting, dated October 8, 2020 (with 2 accompanying photographs)

B-4: Notice to property owners within 1,000 feet, dated October 2, 2020

B-5: Planning Commission recommendation dated October 14, 2020

B-6: Board of Supervisors recommendation dated October 26, 2020 MacElree MacElree Harvey, Ltd. ? Attorneys at Law SINCE 17 West Miner Street Harvey West Chester, PA 19382 610-436-0100 I main INITIATIVE IN PRACTICE8 macelree.com

Brian L Nagle [email protected] d j 610-840-0224 f I 610.430-8245

September 29, 2020

Via Hand Delivery and Electronic Mail

Mark Gordon East Goshen Township 1580 Paoli Pike West Chester, PA 19380-6199

Re: Application for Variance of Robert Jordan

Dear Mark:

Enclosed are eleven (11) copies of the Application for Variance of Robert Jordan for consideration by Zoning Hearing Board, including:

• The Application fee of $500.00 • Zoning Hearing Board Application • Plans • Exterior Rendering

Please let me know if you require anything further to schedule a hearing on this matter. Kindly let me know the date of any meetings where the application will be reviewed or considered. Thank you for your consideration.

Very truly yours,

Brian L. Nagle

/cfg Enclosures ec: Robert Jordan (w/endosures) [via Electronic Mail Only] Rick Stratton, P.E. (w/en closures) [via Efectronic Mail Only]

3738412v1 101714.69451

CENTREVILLE, DE KENNETTSQUARE,PA PHILADELPHIA, PA WEST CHESTER, PA Exhibit B-1 EAST GOSHEN TOWNSHIP ZONING HEARING BOARD APPLICATION 1580 PAOLI PtKE WEST CHESTER, PA 19380-6199 PHONE (610)-692-7171 FAX (610)-692-8950

Robert Jordan Name of Applicant:

Applicant Address: 19 Wllson Ave, West Chester, PA 19382

Telephone Number: (610)405-9401 Fax Number:

Email Address: [email protected]

Property Address: 1631 E- Strasburg Road, West Chester, PA 19380

53-0000-0135 R-2 1.00 Tax Parcel Number: Zoning District: Acreage:

Purpose of Application (check one) E Variance (Type:Q Use Variance ^ Dimensional Variance) D Special Exception Appeal determination of the Zoning Officer d Other Sections_of Z^nmci Ordinance in which relief is sought: §240-25.C.(5)(d)[1] S240-25.C.f5Ud)r21 §240-40.A.(1 Ub) and any other relief that the Zoning Hearing Board deems necessary. Description of the Zoninci Relief requested and the future use of the property:

§240-25.C.(5J(d)f1) - To construct a single family dwelling on more than 500 sf of 25% or qreaternaiural slope by altering grads and natural soil conditions. §240-25, C.(5)(d)[2] - To construct a single family dwelling and related improvements on more than 500 sf of conliguous area of 25% or greater natural "sTopas wilh resufting impen/lous cpvecage greater than maximum 5% on a Totthat is less than 3 acres. S240-4D.A.(1lfb1 - To use_and improve ubon a Qon-confonmina lot- Description of the Hardship: The hafriship ic; thp

We hereby acknowledge that we have read this application and state that the above is correct and agree to comply^Uh-gJ! provisions of the East Goshen Township Zoning Ordinance §p^cgi5T^ td^tS projeptand property. ^ ^ -^^^ ------^-2.^ -2o^ Signature of Applicant ^^,1^7 ,^ /^^T" Date

*Please review the formal application and review procedures on page three.

F:\Data\Shared Data\Code DepMpplication & Forms\Current Forms and Applications\Zoning Hearing App 112120'!7.doc • 1 - EAST GOSHEN TOWNSHIP ZONING HEARING BOARD APPLICATION 1580 PAOLI PIKE WEST CHESTER, PA 19380-6199 PHONE (610)-692-717l FAX (6l0)-692-8950

This checklist outlines the steps and items needed to insure completeness of the application and to insure the application follows the process and conforms to the timeframe outlined by the state of Pennsylvania and East Goshen Township. This checklist is broken into two parts, the Application process and the Review Process. The apptlcation process must be completed in its entirety prior to the applications advancement into the Review Process.

Appficant Name:

Application Process Checklist (Administration use only):

Item Date Complete 1. Completed Township Application Form: 2. All related materials submitted: 3. Township application and review fees paid:

Application accepted on _ by Official Signature _ Title

Review Process Checklist

Item Date 1. Start date: 2. Date of first formal Planning Commission Meeting foiiowing complete application: 3. Date sent to CCPC: 4. Date sent to Township Engineer: 5. Date presented to Planning Commission; 6. Date sent to CB: 7. Date sent To MA: 8. Date sent to HC: 9. Date sent to PRB: 10. Date sent to TAB: 11. Date by which the PC must act: 12. Date by which Board of Supervisors must act: 13. Drop Dead Date; (Day 60): 14. Zoning Hearing Date: 15. Dates of public advertisement:...... _ &

F;\Data\Shareci Data\Code Dept\Applicat!on & Forms\Current Forms and Applications\Zoning Heating App 11212017.doc - 2 - EAST GOSHEN TOWNSHIP ZONING HEARING BOARD APPLICATION 1580 PAOtI PIKE WEST CHESTER, PA 19380-6199 PHONE (6IO)-692-7171 FAX (610)-692-8950

Procedures for the processing and review of Subdivision, Land Development, Conditional Use, Variance, and Special Exception Applications

August 19,2002 2nd Revision: March 2. 2006

1. In order for any application to be considered by the Planning Commission it must be submitted to the Township with all required documentation as per the Township Code and with all applicable fees paid. The Township will use a checklist to verify al! required documentation has been submitted. Until the application is complete the application will not be considered "filed" by the Township staff. The Planning Commission will acknowledge receipt of the application at their next regularly scheduled meeting. 2. All materials to be considered at the next regular meeting of the Planning Commission must be submitted with at least eleven (11) copies to the Township Staff by not later than close of business the previous Tuesday. Any materials submitted after that time will be held for the following meeting and not provided to the Commission at the upcoming meeting. 3. The application review cycle for Subdivision and Land Development Applications shall begin with the next regular meeting of the Commission after the complete application is filed. The application review cycle for Conditional Use, Variance, and Special Exception Applications shal! begin the day a complete application is filed with the Township. 4. Applicants should not distribute material to the Commission during a meeting unless it is directly related to the initial presentation of the application. All materials for the Planning Commission, including any material to be used at a meeting, must be delivered to the Township Staff not later than close of business the previous Tuesday. 5. The burden of supplying necessary materials to the Planning Commission in a timely manner is on the applicant. Late delivery of material may require an extension on the part of the applicant or a recommendation for denial of the application by the Planning Commission. 6. Format application presentations to the Planning Commission will only be made at the regular meeting after the complete application is submitted and accepted by the Township staff. 7. The application will remain on the Planning Commission's agenda until such time as the Commission has made its recommendation to the Board of Supervisors and or Zoning Hearing Board. 8. Applicants are encouraged to attend each Planning Commission meeting in order to answer questions or address issues concerning their application. 9. Applications will be voted on only during the regular Planning Commission meetings.

10. The Chairman, in his sole discretion, may waive or modify any of this procedure.

Zoning Hearing Board Procedural Rule for Hearing Continuances: ADOPTED: May 13, 2009

1. The Zoning Hearing Board may grant one application for hearing continuance. Subject to the limited circumstances referenced in paragraph 2 below, the rescheduled hearing shall be held unless the applicant withdraws the application. 2. The continuance after the first one shall only be granted in an extraordinary circumstance. 3. The Zoning Hearing board has the sole discretion whether to grant any continuance.

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CONTIGUOUS STEEP SLOPE EXHIBIT 's^ .waS^^ J^- \ "' '^^ Mf°'Bk&T,L ^1^2

\'"""^£AST STRA^/RG RD ^,^ SR 2010^^^ GftADlNS ANE> EROSION CONTROL PIAN ex B-jwraut.w ROBERT JORDAN

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STATE OF PENNSYLVANIA, PUCUC NOTICE On Tuesday, October 27, zozo, at 7 p.m,, the East Goi- COUNTY OF MONTGOIVIERY hen Tpwuh!)) Zoning Hearlns Beard will cnndiitt a public hear lnsi to consider I he lan- ]sy Heariw Bo'irt Appfeatlon of fiobsrt Jordsii, fiwnrdlni iroperty locatert at 1631 E, itraiiiurg noad, Wett Clit;' tar, East Gosisan TcwnsNpi The undersigned ]^>_ c AV^ ^JX& being duly sworn the Chester County, Pnnnsylvanla (Tax Pareel 1:0. No,;'0.04. he/she is the principal cierk of Daily Local News, patf^Local News Digital, published in 135). which It lucated In the Township's R-l (RMidmtlal) Zoning tiistriet. Tlie AppHca- the English language for the dissemination of iocÛirânsmitted news and intelligence tlnn êta tho fd lowing IOM- ing reltef )fpm Ihe Znrilng of a general character, which are duiy qualified newspapers, and the annexed hereto Chuptw of the tot Goihen Towh;l))p Code.(or cqnstruc- lion o( 'n slnSjffi-famliy, de- is a copy of certain order, notice, publication or advertisement of: tachmi dwolllnfl, Ificludliig (elateil liiaprovwtepb; (1) i variance [rom Zonlns Offtl- nanct g Zfl(»-!S,C.(Si<())ltl, to [.(instruct a singk-faraHi dweSiina on inore than SOI iEASTÔSHE^TOWMS!?-—.;/.-'^'. :'. .. ^^:'^v^' ^^:-^^;^7.f:- square (cot of 2S% or greater nalural s.lnpes, by altwlnj »ta(k and mWfa\ soil condf- lions; (ii> a variance f runs ton- Published in the following edition(s): f.fig prdhancn § ;40-;5,C,(S) M)[2), la construct a sinelc- fanilfy dwdilng and f dialed Jmpnwmtots on more than Daily Locaf News 10/12/20 5a»t)cipnt!an and cnnimcnt, iroush vlrlual/rcmBte u:. MAUREEM SCHMtD, Notary PubUc^ ces; (via Zoom), raiter than using the regular Township I ^w^ Boru., AAontgomc-ry County huiidiny hoannu. ruoin !oca- tlwof'iSSOPaoli Pii.e, Wu;l My ^mmiôn îAire!^rch..31^21..., Chester, Pennsyluanla. In. struclton; on how to access the vlrlual hearing shaji be available M the Township's wabslte at )itlpi://wwweas(. (oshen.oifl in athnncr of the warififl. lniereiled persons may hear and participate In the meeting thfough t!w re' mntti accest w. In t)ie altor- naflw, may offer advanced public comrwnls via email, sen! to Zonino Officnr Mark Sworn to the subscribed before me this /^/ / c//^ 3~Q Uordun moi3fdi3n@>ciiilgflsh- en.org, uotfl 5 p.m.. lociil time, od Octaher 11, ZOid, public comment recekeii vta e.mal! will be ;Md during the lie at- ing, If any person wiio wishes So 'C^/-/-) remotely attend Kw Haar- Ing has a disifbifity andAr requires an auxllfary aid, S? Notary Public, State of Pennsylvania vhe or otter accnimnOtfalion to oliaerro pr participate In lf? proc<3Bd)ngs, jio or she Acting in County of IVlontgomery sfiould cunlsct the Township Building nt |6i0} 692-717!. <0 (ilscuss'hiwthose needs may he iictomfflodalM Znnldy Hwriny Board o( East Goshen Township DLN10/P,10/!9;m

Client Id: 884433 Ad Id: 2074716 PO: Salesperson: 018303

Exhibit B-2 PUBLIC NOTICE

On Tuesday, October 27, 2020, at 7 p.'m., the East Gos- hen Township Zoning Hearing Board wiil conduct a public hearing to consider the Zon" ing Hearing Board Application of Robert'Jordan, regarding property located at 1631 E. Strasburg Road, West Ches- ter, East Goshep Township, Chester County, Pennsylvania (Tax Pares! I.D. No.; 53-04- 135), which is located in the Township's R-2 (Restdentiaf) Zoning District. The Appljea- tlon seeks the following zoning relief from the Zoning Chapter of the East Goshen Township code for construction of a sSngle-family, detached dwelling, Including related improvements; (i) a variance from Zoning Ordl- nance § 240-25,c.(5)(d)[lJ, to construct a single-family dwelling on more than 500 square feet of 25% or greater natural slopes, by altering grade and natural soit conditions; (ii) a variance from Zon- ing Ordinance § 240-25.C.(5)

Due to Pennsylvania and Chester County health emergencies related to the spread of the COVIEM9 virus, the Zoning Hearing Board plans to hold the public hearing, and accommodate pubffc participation and comment, through virtual/remote access (via Zoom), rather than usinn the regular Township buitding hearing room ioca- tion onsso Paoli Pike, West Chester, Pennsylvania, In- structions on how to access the_virtua! hearing shall be available on the Township's website at https;//www,eastgoshen.org in advance of the hearing, fnterested persons may hear and participate In the meeting through the remote access or, Sn'the alternative, may offer advanced public comments via email, sent to Zoning Officer Mark Gordon mgordon@eastgoshen.org, until 5 p.m.i focal time, on October 27, 2020. Public comment received via e-maii will be read during the hearing. If any person who wishes to remotely attend the Hear- ing has a disability and/or requires an auxiliary aid, service or other accommodation to observe or participate in the proceedings, he or she should contact the Township Building at (610) 692.7171, to discuss'how those needs may be accommodated.

Zoning Hearing Board of East Goshen Township DIN 10/12,10/.19; la EAST GOSHEN TOWNSHIP 1580 PAOLI PIKE WEST CHESTER, PA 19380

^tNHtftrttRAIHUH AFFIDAVIT OF POSTING

October 8, 2020 Date of Posting:

1631 East Strasburg Rd, West Chester, PA, 19380 Property Location:

53-4-135 Tax Parcel Number:

Zoning Hearing Board Hearing Type of Hearing;

October 27, 2020 Date of Hearing:

Mark A. Gordon East Goshen Code Official swear that on

October 8, 2020 I posted the appropriate notification of the hearing referenced above.

26th October, 2020 Signed and sealed this day of Signature

Mark A, Gordon

Print Name

Notary Public

Commonwealth of Pennsylvania Countyof

f:\data\shared dala\code dept\app]ication & forms\affidavit of posting.doc

Exhibit B-3 On Tuesday/ October 27,2020, at 7 p.m., the East Goshen Township Zoning Hearing Board will conduct a public hearing to consider the Zoning Hearing Board Application of Robert Jordan, regarding property located at 1631 E. Strasburg Road, West Chester, East Goshen Township, Chester County, Pennsylvania (Tax Parcel I.D. No.: 53-04-135), which is located in the Township's R-2 (Residential) Zoning District. The Application seeks the following zoning relief from the Zoning Chapter of the East Goshen Township Code for construction of a single-family, detached dwelling, including related improvements: (i) a variance from Zoning Ordinance § 240-25.C.(5)(d)[lL to construct a single-family dwelling on more than 500 square feet of 25% or greater natural slopes, by altering grade and natural soil conditions; (ii) a variance from Zoning Ordinance § 240-25.C.(5)(d)[2], to construct a single- family dwelling and related improvements on more than 500 square feet of contiguous area of 25% or greater natural slopes with resulting impervious coverage greater than maximum 5% on a lot that is less than three acres; and (iii) a variance from Zoning Ordinance § 240-40.A.(l)(b), to use and improve upon a non-conforming lot. Due to Pennsylvania and Chester County health emergencies related to the spread of the COVID-19 virus, the Zoning Hearing Board plans to hold the public hearing, and accommodate public participation and comment, through virtuat/remote access [via Zoom), rather than using the regular Township building hearing room location of 1580 Paoli Pike, West Chester, Pennsylvania. Instructions on how to access the virtual hearing shall be available on the Township's website at https://www.eastgoshen.orR in advance of the hearing. Interested persons may hear and participate in the meeting through the remote access or, in the alternative, may offer advanced public comments via email, sent to Zoning Officer Mark Gordon [email protected], until 5 p.m., local time/ on October 27, 2020. Public comment received via e-mail will be read during the hearing. If any person who wishes to remotely attend the Hearing has a disability and/or requires an auxiliary aid, service or other accommodation to observe or participate in the proceedings, he or she should contact the Township Building at (610) 692-7171, to discuss how those needs may be accommodated.

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tfl;, 610-6&S-.7171 www.aast9oshen.org BOARD OF SUPERVISORS EAST GOSHEN TOWNSHIP CHESTER COUNTY 1580 PAOLi PSKE, WEST CHESTER, PA 19380-6199

October 2, 2020

Dear Property Owner:

The purpose of this letter is to inform you that Robert Jordan/ owner of a vacant parcel at 1631 E. Strasburg Rd./ has applied fora Zoning Variance requesting rdieffrom the zoning ordinance. Mr. Jordan is requesting dimensional relief from the steep slopes requirement of the ordinance; §240"25.C(5)(d)[lL §240-25.C(5)(d)[2] and/ §240-40.A(l)(b). Mr, Jordan proposes to construct a new single family home on the property and the proposed plan wilt require disturbance of steep slopes on the lot.

Pursuant to Township policy/ property owners within 1000 feet of the subject property are notified of Zoning Variance applications.

This application will be discussed during the meetings outlined below and is subject to change without further written notice to surrounding properties:

Wednesday October 6, 202Q - Planning Commission meeting (7:00 pm)

Tuesday October 20,2020 - Board of Supervisors meeting (7;00 pm)

Tuesday October 27, 2020" Zoning Hearing Board (7:00 pm) (Zoning Hearing)

Dye to COVID -19 a!) township meetings and hearings are being heid vlrtuaily via video / telephone conference. These meetings wi!l be conducted remotely via Zoom teleconference. Members of the public can participate via telephone and view the teleconference on YouTube. Meeting access information can be found on the Township website at httos://easteo5hen,org/ under the Latest News posts.

The public is welcome and encouraged to attend and participate in these meetings. The application information is available for public inspection at the Township Building, Please ca!l the Township staff at 610-692-7171 if you need assistance finding the meeting access information, or email me at [email protected] if you have any questions or need additional information.

^'aSincerely,

Mark A. Gordon Township Zoning Officer

Cc: Af! Township Authorities, Boards and Commissions

F:\Data\Shared Data\Property i\/lanagement\53-4\53-4-135 (1631 E Strasburg Rd.)\2020 Dim Variance RequesMOOO foot ZVItr10022020.doc

Exhibit B-4 JOHN J &JOANMULLEN MiCHAEL & REBECCA SCHM1DT KARENATRUGALESE 1651 ESTRAS8URGRD 427 BEAUMONT C!R 440 BEAUMONT CIR