BENSALEM TOWNSHIP

BENSALEM TOWNSHIP
Building and Planning Department
2400 Byberry Road ƒ Bensalem PA 19020
215-633-3644 ƒ FAX 215-633-3653
Zoning Hearing Board
Appeal Number:
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:
Love Fellowship Tabernacle c/o Stanley Dwight
Address:
5918 Hulmeville Road
Bensalem, PA 19020
Phone No.
Owner’s Name:
Peace Evangelical Lutheran Church
Address:
3900 Hulmeville Road
Bensalem, PA 19020
Phone No.
Attorney Name:
Taylor M. Fletcher, Esq.
Address:
3070 Bristol Pike, Bldg. 2, Suite 204
Bensalem, PA 19020
Phone No.
Interest of appellant, if not owners (agent, lessee, etc.):
4
Equitable Owner
([KLELW=
1. Application relates to the following:
Check items if applicable:
Use
Lot Area
Height
Yards
Existing Building
Proposed Building
Occupancy
Other: (describe)
Woodland Preservation
2. Brief description of Real Estate affected:
Tax Parcel Number:
02-041-001
Location:
3900 Hulmeville Road
Lot Size:
6.33 acres
Present Use:
Church with single family detached dwelling
Proposed Use:
Church w/ single family dwelling and Youth Recreation Center
Present Zoning Classification:
IN Institutional
Present Improvement upon Land:
church, single family dwelling, parking lot and driveway
Deed recorded at Doylestown in Deed Book
1723
Page
0440
3. If this is an appeal to challenge, provide statement and/or basis for challenge to the validity of the
zoning ordinance.
N/A
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:
5
N/A
Love Fellowship Tabernacle
3900 Hulmeville Road
Tax Parcel 02-041-001
Application Addendum
6. Action Desired by appellant or applicant
Sec. 232-57(a)(1)a: A variance from this section is requested to allow less than the
required 80% preservation of woodlands where wetlands are also present.
Sec. 232-357(1): A variance from this section is requested to allow less than the required
four (4) acre minimum lot size.
Sec. 232-357(2): A variance from this section is requested to allow greater than the
maximum allowable impervious surface coverage of 40%.
Sec. 232-593: A variance from this section is requested to allow less than a 75 foot yard,
as measured from the rear of the required 20 foot buffer yard, adjacent to a residence
district.
7. Reasons Appellant believes board should approve desired action
Love Fellowship Tabernacle, the Applicant, proposes to subdivide lands currently owned
by Peace Evangelical Lutheran Church at 3900 Hulmeville Road into two parcels. The
applicant further proposes to construct a 10,000 square foot youth recreation center on the
westerly subdivided parcel (Lot 2). Currently, the property is used as a church and one
(1) single family detached dwelling. The subdivision would continue the church and
single family dwelling use on proposed Lot 1 and create a recreation center use on
proposed Lot 2. The property is located in the IN, Institutional, zoning district, which
permits the above use. The applicant submitted an application for zoning permit to the
Township, which was denied due to the deficiencies discussed below.
Section 232-57(a)(1)a requires the preservation of 80% of existing woodlands where
wetlands are also present. The project contemplates construction of a youth recreation
center on proposed Lot 2, the majority of which is heavily wooded.
Relief from this section is required in order to construct the proposed improvements. The
existing property is developed to the limits of the existing woodland vegetation. The
existing woodlands present a circumstance that was not created by the Applicant or
owner. The property cannot be developed in strict conformance with the zoning
ordinance. A variance, if authorized, will not alter the essential character of the
neighborhood or district nor will it substantially or permanently impair the appropriate
use or development of adjacent properties. Development of the site requires the clearing
of additional area for planted buffers and stormwater management in accordance with
township ordinances. A variance to allow preservation of 10.48% of existing woodland is
the minimum variance that will afford relief.
The applicant therefore believes the variance can be granted without any detriment to the
public welfare.
Section 232-357(1) requires a four (4) acre minimum net lot area. The existing property
is 6.02 net acres is size. The proposed subdivision would create two lots: Lot 1 being 3.22
acres in size and Lot 2 being 2.80 acres in size.
Relief from this section is required to subdivide the existing lot into two usable lots. The
property cannot be subdivided in strict conformance with the ordinance. Granting this
variance will allow the development and use of an additional lot in compliance with the
ordinance to the extent possible. A variance, if authorized, will not alter the essential
character of the neighborhood or district nor will it substantially or permanently impair
the appropriate use or development of adjacent properties. A variance to allow the
reduction in lot area of 0.78 acres for Lot 1 and 1.20 acres for Lot 2 is the minimum
variance that will afford relief. The proposed lot sizes allow for the construction of the
project improvements in general conformance with township ordinances and provide area
for required plantings and stormwater management facilities.
The applicant therefore believes the variance can be granted without any detriment to the
public welfare.
Section 232-357(2) requires a maximum impervious surface coverage of 40% of the lot
area. The amount of impervious coverage proposed on Lot 2 is 57.72% of the lot area, or
70,444 square feet. This constitutes 21,625 square feet of impervious coverage over the
maximum allowed.
Relief from this section is required to construct the proposed building, parking and
loading areas necessary for the recreation center to operate as intended. The proposed
improvements cannot be constructed in strict conformance with the ordinance. Granting
this variance will allow for the construction of the required improvements and full use of
the lot. A variance, if authorized, will not alter the essential character of the
neighborhood or district nor will it substantially or permanently impair the appropriate
use or development of adjacent properties. A variance to allow an expansion in
impervious area of 21,625 square feet is the minimum variance that will afford relief.
The applicant therefore believes the variance can be granted without any detriment to the
public welfare.
Section 232-593 requires a 75 foot yard, as measured from the rear of the required 20
foot buffer yard, adjacent to a residence district. The existing lot and proposed Lot 2 abut
the R-11 Residential District along the westerly property line. The proposed subdivision
and development plan provides for a 75 foot yard along the residential district, but does
not provide the 75 foot yard in addition to the required buffer yard.
Relief from this section is required in order to develop proposed Lot 2 to the extent
necessary to provide adequate facilities and parking for the site to operate as intended.
Lot 2 cannot be developed in strict conformance with the ordinance. Granting of this
variance will allow for construction of all improvements necessary to provide a
development plan in accordance with township ordinances to the maximum extent
possible. A variance, if authorized, will not alter the essential character of the
neighborhood or district nor will it substantially or permanently impair the appropriate
use or development of adjacent properties. A variance to allow the required 20 foot wide
buffer yard to be included in the required 75 foot yard is the minimum variance that will
afford relief.
The applicant therefore believes the variance can be granted without any detriment to the
public welfare.