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Variances become a concern

Councilman is unhappy

HARMONY — The approval of variances by the borough’s zoning hearing board is causing frustration for one council member.

As a result, a new board solicitor could be selected.

Council member Jarod Stewart said at a meeting Monday night that he was dissatisfied with the “rubber stamping” of variance requests that come through the independent zoning board. The requests can be sought by borough residents looking to get a deviation from zoning ordinances.

Generally variances are granted when existing ordinances are shown to place an undue hardship on the property owner.

Stewart said his frustration came to a head after a variance was obtained at a meeting last month for a property on Monroe Street. The owner of the property requested the lot be split in two, leaving one of the lots smaller than required by zoning laws.

Stewart, however, said the zoning board never questioned whether a hardship was brought on by the property owner or an ordinance. The variance ultimately was approved and now can only be appealed through Butler County court.

“I think it’s something that council needs to look at,” Stewart said. “It just seems like a lot of these things going before the board are being rubber stamped and not being challenged.

“We have zoning ordinances for a reason. If we’re not going to enforce our zoning, why are we spending money writing ordinances?” he said.

Stewart said his issue wasn’t anything personal with the Monroe Street property owner. He said it was just the latest example in which a request was approved by the zoning board “without justification.”

The zoning board operates separately from borough council. The board has its own members and a solicitor.

The borough, as well as any property owner, can attend meetings of the zoning board and appeal a variance request before its approval.

Council member David Szakelyhidi suggested replacing Mike Gallagher, the zoning board’s solicitor.

“All right let’s do it. Let’s send a message,” he said of a change.

After some discussion council agreed to send out a Request for Proposal for a new solicitor. Council solicitor Matthew Racunas later found out that council could only recommend a switch when the zoning board reorganizes in January.

Stewart on Monday said the Harmony Architectural Review Board also appeared to be approving requests without much hesitation. HARB, which oversees construction in the borough’s Historic District, recommended to council the approval of several projects.

One such project requested a vinyl fence be installed to hide garbage bins in front of a property on Liberty Street. Stewart said having the bins out front violated a zoning ordinance.

Council tabled the installation of the fence following Stewart’s comments.

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