Zoning Board Approval - Appeal

[iggy367]

I have been granted a special exception by the local Zoning Board to build a driveway and parking spaces in my rear yard, due to my property being on a corner and the rear yard being the only sizeable area to have room to maneuver. A number of neighbors agreed to screening the driveway but have NOW changed their minds. What is involved in an appeal and how long could it go on, if they challenge the already granted special exception?

 

[HomeGuru]

Was the special exception contingent on the neighbors screening the driveway? Could you do the screening yourself? I do not understand what appeal you are talking about.

 

[iggy367]

Sorry, the special exception had to do with a buffer strip requirement. The code says it needs to be 10 feet and I was asking for 5 feet between me and the one abutting neighbor. I got it and I am responsible for providing and planting the screening on my property in the buffer area. For some unknown reason now a couple of the neighbors are very adament about adhering to the code and are starting to threaten me even though I presented, at the hearing, why and how a 10 foot buffer would not work or be practicle and they will no longer speak to me unless I put a 10 foot buffer in, which will not happen and if I only piss off a couple neighbors then fine by me and they had their opportunity. But what would be involved if they do appeal the decision and how long could it go for in Delaware County, PA?

 

[HomeGuru]

I am not privy to the county procedures in your State but in other States the decision by the Zoning Board can only be appealed by the landowner that made the application. In other words, you apply for a variance/zoning adjustment/special exception etc. and your neighbors show up at the hearing and protest. The Board then disapproves your application. You then can file an appeal arguing that the Board's decision is incorrect. The neighbors can not file an appeal because they are not a party to the application but they have a right to state their objections at the zoning Board of Appeals hearing.
I am not sure if this same scenario applies in your case so check with your zoning office. My other advice to you is since you got approval start the work already.

 

[Jack Mevorach, Esq.]

If they appeal, you oppose. You'll need counsel, who will prepare a legal brief. As for time, with litigation, it moves slowly.