HERMITAGE Resident to appeal zoning decision

The dispute is headed for Mercer County Common Pleas Court.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
HERMITAGE, Pa. -- Dennis Proctor says the case isn't over, despite the Hermitage Zoning Hearing Board ruling against him in his fight to stop construction on a lot near his home.
Proctor, of 105 Greenwood Drive, said the case will be appealed to the Mercer County Court of Common Pleas.
The zoning hearing board voted unanimously Monday to uphold the city's issuance of a building permit for the lot at 135 Greenwood Drive, which is adjacent to Proctor's home.
Proctor had appealed the issuance of that permit on several grounds, suggesting that there is a water drainage problem on that lot now that dumps water onto his property and should be addressed before any construction is allowed.
He also questioned the proposed side- and rear-yard setbacks in the building plan submitted by Brad and Cheryl Cardinal, who intend to put a modular home on the site.
Angle of house
Proctor said the building plan shows the house being placed on the corner lot at an angle that brings the setbacks into question.
Further, he said, placing the house at an angle damages the uniformity in construction that exists in the neighborhood.
Proctor had also initially challenged the erection of a modular, manufactured house at the site, saying it would adversely affect the value of other homes in the area which were built on site.
However, he told the zoning hearing board that concern was eased when he learned the house was to be put on a regular foundation.
Atty. Wil White, representing the city, argued that the Cardinals' building plan meets city and state zoning law requirements for yard setbacks and the city had no option but to grant the building permit.
Water problem
Further, the fact that there is a water problem related to the property is not grounds to deny a permit, he said.
The Cardinals, however, will have to deal with the water issue as part of the building process, he said.
Atty. Roger Shaffer, solicitor for the zoning hearing board, said anyone wishing to appeal the board's decision will have 30 days to do so once that decision is put to writing.
Proctor said he is not alone in his opposition to the project and an appeal will be filed in court.