At its December 3 meeting, the Zoning Hearing Board approved a motion to deny the appeal of Vincent Fiorella from the determination of the Zoning Officer to revoke Zoning Permit #14-206 issued July 11, 2014 and adopt the written decision prepared by the board solicitor, Joselle Cleary.
Previously, Zoning Officer Jeffrey Helm had sent a letter dated September 26 revoking the permit that had been issued to Mr. Fiorella to build a large pole barn/garage on his property at 631 South Thirteenth Street.
Mr. Fiorella had then filed an appeal of the zoning officer's decision. An evidentiary hearing was held by the board on October 29, 2014.
Copies of the decision were distributed to sworn parties only.
35 comments:
Thank God!!
This decision calls into question each and every permit requested by any resident in this borough. If we purchase a permit and the code officer makes a mistake, are we just out of luck and out of money? And if the neighbors complain OUTSIDE the time frame for an appeal none of it matters. Again, none of it matters.
Obviously Mr. Fiorelli doesn't know the right people yet. Welcome to Columbia.
Does that mean the building has to come down?
I didn't receive a copy of the decision, so I don't know what the options are for any of the parties.
Does that mean Mr. Fiorelli is out of thousands of dollars while Jeff Helm is not held accountable for his own stupidity
I don't like the pole barn, but Fiorelli did have a signed permit. That should be the end of this story.
It ain't right that a person can get a permit,then have the building more than 3 quarters of the way up and then after have it revoked, I agree that the pole barn doesn't belong, but not even any compensation?
I don't know what the options are for any of the parties. I haven't read the decision.
I don't know what the options are. Possibly, Mr. Fiorella has the right to appeal the decision . . . ?
The old-boy network?
That does seem unfair. Fiorella went through the proper channels but was ultimately misled. He's not the villain here. That said, I understand and support the neighbors in not wanting such a monstrous structure in their residential neighborhood.
I wonder if he can recoup any of his sunk costs.
If he has to tear it down or downsize it, he should paint the fence and trim on the house a most horrible color, put a flock of pink flamingos in the yard, and hundreds of flashing Christmas lights.
The borough made the mistake, the borough should pay to move the building.
This is the kind of case that could make national news ! Someone is likely to send it out on the associated news wire just to see who picks it up and starts following the stories. I'm surprised the Borough didn't offer to pay to move the building rather then expose themselves to this kind of bad press. Who would ever move here when they see this story ?
The problem here is no one but the board and Mr. Fiorella actually know what the decision was. The original permit revoked, but other than that?
New permit with few changes to building and add greenscape to help shield building from view?
Just speculation as to why the full decision not made public.
Do we know that they haven't cut a deal with Fiorelli ? After all if borough money is paying for this mistake, it will not be broadcast. The taxpayers would be in an uproar.
There are other homes in this borough where cars are being worked on routinely and the cars are changing frequently. Sometimes they are parked in the yard and large parts are resting against the house. Other then the fact that the pole barn is too large, it seems illegal to say that he cannot have friends over on his own property to work on cars. I think there is a borough code that prohibits working on cars that are parked on the street, which limits the poorest people in Columbia. Where can they work on their cars? Most homes in the borough do not have off street parking and/or a garage. The majority of residents do not have the money to take their cars to a garage for repair, let alone have a tow truck haul it.
OMG! Come up for air already! Zoning just rendered theri decsion last night so most likely the council ahs not been presented with the decision yet either. Why not wait a couple weeks until the next council meeting to see what the next move is before jumping into the cesspool of vicious comments again. Oh and by the way, try to enjoy the Christmas holiday season a little as well.
There are many comments here from people that do not know the entire story. First, the neighbors did try to stop this project way before it got to the building stage so no one would be out money. It was not until a resident researched the codes and found the error that the project was stopped. The permit may have been issued months before, but it was not posted until the day construction beagn, so the time limit to contest was not expired. Secondly, the neighbors have hired an attorney at their expense for a mistake that the borough made. A garage occupying 15% of a property and 2 times larger than the house will decrease surrounding property values. Third, besides the size issue, the owner of the property is not going to live there. The intended use for this building continues to evolve, the owner even gave varying stories during his testimony at the hearing. Using the property for a garage for freinds and family is no different than building a car lot in a residential back yard. The garage is no longer an acessory building, it is a primary building which is not a residence. You can work on your car on your property, IF you live there. Third, the owner is storing construction equipment which could turn this into a commercial business with constant truck traffic. Lastly, everyone that was a party to the hearing was given copies of the decision, it is not classified information. The owner can not continue the building, the permit was revoked. He does not have to remove it, the zoning board does not have that authority. He has the opportunity to appeal in the court system. The borough is not out any money, only the builder and the neighbors. If this is happening in other areas of town, shame on the neighbors for sitting back quitely and letting it happen. Things will never change with that approach.
You've made many good points. Thanks for clarifying the issues.
This is false, i saw the permit was put up a week before the construction had started. Next a garage is way different than a car lot, you are not looking at vehicles they are inside so you do not have to see them. Also how is storing construction equipment going to turn into a commercial business? The owner said that the garage was not to be used for a business, if he does than it would be a violation. Lastly the Boro and the builder did not lose anything, only the owner of the property had lost money and also the neighbors lost the cost of their attorney. Overall I do not agree with the building but there was false information in your comment.
Since he was denied a variance, doesn't the borough have the authority to make him take the building down?
According to the legal briefs, the time period of 30 days to appeal the permit had expired.
If it is permitted to remain as is, everyone loses because it will always appear as if it's under construction. More of an eyesore that way.
It will not, it must come down!!
The permit was issued on August 7th, permit was not posted at the property till the week of September 8th. You think that was coincidental?? Read section 220-4 of zoning ordinance. Preparation for the construction of pole barn began on Sept 12th.
The purchase of this property was contingent upon receiving preapproval to build a 3000 sq. ft. garage. Why did the purchaser have the local realtor request this preapproval letter instead of requesting it himself? Why would a person who has numerous antique cars and family recreational vehichles and other vehichles to store and work on purchase a brand new home for $332,000 with a 2 car garage in an upscale neighborhood where you are just barely allowed to put a garden shed in the back yard? I guess I would purchase another piece of real estate for $130,000 and spend another $30,000 to put up a pole barn if I could rent the house out and pay for the property with income from the rental, maybe I would convert it to two apartments and make a profit?? Then every time I want to putter around with my cars or whatever I would just get in the car and drive up here to Columbia , not very convenient but hey for $160,000 to store my stuff and spend quality time with my family and friends in my huge new pole barn? Who wouldn't??
Yes I am being somewhat sarcastic here but if you think for one minute that this debacle was not thought out, planned out and carried out in the hopes that no one would challenge it, you are sadly mistaken.
The residents of this neighborhood and every other neighborhood in the borough have every right to expect the borough administrators to uphold the ordinances that they have written and get this issue taken care of and In the meantime a little more oversight in the zoning office might not be a bad idea either
According to the decision of the zoning board (page 9) the permit was dated August 7, 2014.
they will appeal it to Lancaster County Court.....ALL interested parties SHOULD attend. just sayin!
Some of the above comments were made by people that didn't attend the meetings, and no nothing that was going on. You can tell by the comments who did attend because they have the correct information about the whole mess. Best of luck to all the neighbors and maybe it will teach the boro and Jeff Helm a lesson.
I'm glad someone took the time to spell out the facts for you all to see. All I would like to add is, ignorance of the law is not an excuse.
I am not an automechanic, but I don't think construction equipment is used to fix or work on cars.
Well said!
Building a pole barn has become a much easier process today. With plenty of available ready-to-use designs and plans, a useful house owner can build not only a pole barn of two or even six equine stalls, but also add practical storage space sheds for vehicles, nourish storage space or housing.
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