McGonigle v. Lower Heidelberg Township Zoning Hearing Board

858 A.2d 663, 2004 Pa. Commw. LEXIS 704
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 22, 2004
StatusPublished
Cited by19 cases

This text of 858 A.2d 663 (McGonigle v. Lower Heidelberg Township Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGonigle v. Lower Heidelberg Township Zoning Hearing Board, 858 A.2d 663, 2004 Pa. Commw. LEXIS 704 (Pa. Ct. App. 2004).

Opinion

[666]*666OPINION BY

Senior Judge MIRARCHI.

Arthur T. McGonigle, Jr. (McGonigle) appeals from an order of the Court of Common Pleas of Berks County that affirmed the decision of the Zoning Hearing Board of Lower Heidelberg Township (Board) denying his request for a use variance for the proposed office park in the agricultural preservation zoning district; rejecting his challenge to the validity of the agricultural preservation regulations of the Lower Heidelberg Township Zoning Ordinance (Ordinance); and denying his request for a validity variance. We affirm.

I.

McGonigle and his family members are the current owners of a 38.5-acre parcel of land (Property) located in Lower Heidelberg Township (Township), Berks County with an 890-foot frontage on State Hill Road, a state highway. The Property was part of a larger parcel purchased by McGonigle’s father in 1966 as an investment. McGonigle’s father believed that the state would acquire the parcel for a highway project. After the state cancelled the highway project, McGonigle’s father sold two small lots, one acre and one half acre, in 1971 and 1972. In 1973, the Township enacted the Zoning Ordinance (Ordinance), under which the remaining 38.5-acre parcel was placed in the A-1 Agricultural Preservation zoning district (A-1 zoning district). After McGonigle’s father died, the Property was conveyed in 1981 to Red Wing Management, Inc., of which McGonigle was one of principals. In 1986, the Property was then conveyed to the current owners.

Section 152 of the Ordinance permits by right the following uses in the A-1 zoning district: (1) a single-family detached dwelling on a farm and a residential accessory use; (2) an agricultural use conducted on a farm with the minimum 40-acre lot size requirement; (3) display, sale and processing of farm products; and (4) woodland or game preserve, wildlife sanctuary or similar conservation use. Section 153 of the Ordinance also permits by special exception development of detached single-family dwellings in the A-1 zoning district. To develop single-family detached dwellings, the size of the parcel to be subdivided must be at least 40 acres, the size of each lot must be at least one acre, and public or community sewer and water facilities must be available. Id.

Since 1966, the Property has been used first as a nursery, known as State Hill Nursery, and then for farming after the death of McGonigle’s father. It is undisputed that the Property was held in single and separate ownership at the time of the enactment of the Ordinance in 1973. Therefore, the Property is a preexisting nonconforming lot and may be used as a farm or any other permitted uses despite its noneompliance with the minimum lot size requirements pursuant to Section 518(b) of the Ordinance.1 In January 2002, McGonigle filed an application for a use variance, proposing to develop the Property as an office park consisting of 138,700 square-foot office buildings and 698 parking spaces.2 McGonigle also chal[667]*667lenged the validity of the regulations of the agricultural preservation zoning district under Sections 152 and 153 of the Ordinance and requested a validity variance.

At nine hearings held before the Board, McGonigle, the area property owners (Objectors) and the Township presented the following relevant facts.3 The Property is a prime farmland containing prime agricultural soil of Duffield Silt Loam and Hag-erstown Silt Loam. Approximately 26 acres of the 38.5-acre Property are currently used for crop farming by a tenant farmer. The area to the east, west and south of the Property is within the A-1 zoning district, and the area to the north of the Property across State Hill Road is within the A-R-1 Agricultural Recreation zoning district where cluster single-family development with a golf course is permitted.

Cacoosing Creek located on the east of the Property serves as the actual and natural boundary between the Township and neighboring Spring Township. On the east of the Property, there are a municipal park known as Cacoosing Meadows Recreational Complex, a playground and a quarry owned by Spring Township. On the west, southwest and north of Cacoosing Creek, there are agricultural fields, woodland, hills and scattered residential dwellings. A nursing home and a cluster residential development, known as “Rosewood Hills,” are located on the north side of the Property across State Hill Road. The witnesses described the area surrounding the Property as agricultural, residential and recreational.

McGonigle and his expert witnesses testified that the Property is in the path of growth; the location of the Property fronting State Hill Road, a major collector road, and the availability of the public water and sewer in the vicinity of the Property are growth inducers; and the Property is too small to be farmed profitably and cannot be reasonably used in strict compliance with the Ordinance. The expert witnesses of the Objectors and the Township testified that Cacoosing Creek serves as a natural boundary between the agricultural uses in the Township and the growth and development in Spring Township; the Property is not in the path of growth and could be reasonably used for agricultural purposes or development of 20 to 25 upscale detached single-family dwellings, similar to those in the nearby Rosewood Hills residential development; and, the minimum 40-acre lot size requirement for a farm and the minimum l-acre lot size requirement for detached single-family dwellings are substantially related to the Township’s interest in protecting agricultural lands.

Accepting the testimony presented by the Township and the Objectors and rejecting the conflicting testimony of McGonigle’s witnesses, the Board found that the minimum lot size requirements under Sections 152 and 153 of the Ordinance are substantially related to the goal of protecting and preserving agricultural lands; the proposed office park is inconsistent with the Joint Comprehensive Plan adopted by the Township, South Heidelberg Township and the Borough of Wernersville; the Property may be reasonably used in compliance with the Ordinance; and, McGonigle failed to establish unnecessary hardship for granting a variance. The Board noted that McGonigle would be entitled to develop detached single-family dwellings on the Property, if he could obtain public [668]*668water and sewer connections. The Board accordingly denied the request for a use variance, rejected the validity challenge and denied the request for a validity variance. On appeal, the trial court affirmed the Board’s decision.4

II.

McGonigle first challenges the validity of the minimum 40-acre lot size requirement for a farm under Section 152(c)(1) of the Ordinance and the minimum 1-acre lot size requirement for detached single-family dwellings under Section 153(b)(3) of the Ordinance, asserting that such requirements are arbitrary and unreasonable and have no substantial relationship to preserving agricultural lands.

Property owners have a constitutionally protected right to enjoy their property without governmental interferences. Surrick v. Zoning Hearing Board of the Upper Providence Township, 476 Pa. 182, 382 A.2d 105 (1977). The municipality may, however, enact zoning ordinances reasonably restricting the property right to protect and promote the public health, safety and welfare under its police power.

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Bluebook (online)
858 A.2d 663, 2004 Pa. Commw. LEXIS 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgonigle-v-lower-heidelberg-township-zoning-hearing-board-pacommwct-2004.