Tuesday, March 22, 2016

If there are variances needed, could Nestle qualify for them? No.

In the Eldred Township Planning Commission's review and recommendations, several issues were raised.  As reported here, some of them may relate to required variances of the Zoning Ordinance, variances that somehow escaped the attention of Eldred Township Zoning Officer/sleuth Ellerslie Helm.  You might be curious as to whether Nestle could successfully obtain variances, assuming it were allowed to amend its application.

For example, Mr. Helm didn't  notice that two named roads run across the property, but aren't shown on the site plan.  Or that there are aboveground storage tanks proposed to be located in well head protection Zone 2.  Or that two buildings are proposed to be built in one of the roads, completely blocking this road.  Of course, without the road shown, how would he know the road would be blocked?  Answer - go visit the site.  Did he?  That is a question the Planning Commission asked in C(23) of its recommendation..

Let's take a look.  Zoning Ordinance Sec 1207.1 contains five standards dictated by the Municipalities Planning Code which all must be met to grant a variance:

Look at B - without the variance, there is no way the property could be reasonably used.  The property already has two businesses located on it, and a house.

The answer is, there isn't a snowball's chance in hell that Nestle can obtain a variance to locate its business on the Gower property, if it turns out that one or more is needed.

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