Property subdivision debate continues
HARMONY — Controversy over the proposed subdivision of a property continued Tuesday night at the borough council meeting.
Council said the application sent by owner Ann McGee for her Monroe Street property did not meet the legal requirements of the subdivision ordinance.
“The only thing that was submitted was a map,” said council solicitor Matthew Racunas. “None of these other requirements that are in here are part of that application.”
The controversy started in April when McGee sent an application to the Harmony Zoning Commission, which approved it. She asked for a smaller zoning variance than the required 75 feet, down to 65 feet. The other part of the property would be down to 68 feet.
The property was then surveyed and approved by the county planning commission.
However, the variance was reviewed in May by the Harmony Planning Commission, which denied it. McGee said she found out nine days later about the denial.
Last month, council member Jarod Stewart criticized zoning board solicitor Mike Gallagher for approving variances “too easily,” showing dismay for the Monroe Street property meant to be subdivided.
Council members then tried replacing Gallagher. However, they found out they cannot do that because only the zoning commission can change its solicitor.
Stewart was not at Tuesday’s meeting.
The Monroe Street proposal brought up a concern of having two separate variances for the divided lot because both parts would be less than 75 feet and noncompliant.
“When you subdivide, you’re essentially creating two new lots. What was one is now two new,” Racunas said.
Leo Stepanian, the attorney hired by McGee to represent her, countered by saying the two new lots wouldn’t exist without one variance.
“If the variance wasn’t granted, there would be no reason to try to subdivide,” Stepanian said. “If you approve one, you approve the other.”
After more deliberation, McGee and Stepanian said they will send a formal subdivision application to council.
Racunas said approval still is possible if the planning commission recommends it and council upholds the approval.
Council will next meet on July 7.
