Save Rite Auto will appeal Newberry Twp. zoning violation
- The attorney for the River Road property owner John Ogden argued that his client was provided with permits, which he used to build "all structures in accordance" to the permits.
- Township solicitor Andrew Miller said the permit applications were “erroneously” granted for the structures.
Save Rite Auto is going to appeal a Newberry Township zoning violation issued to the River Road business for expanding the property without proper approvals, the attorney representing the owner said.
Thomas Reed was given 30 days from July 19 to contact the township, solicitor Andrew Miller said.
"He is in compliance already," said John Ogden, who is representing the proprietor. Ogden has argued that his client was provided permits, which he used to build "all structures in accordance" with those permits.
Miller said the permits were "erroneously" granted and the township acknowledged that in a July 19 letter. Zoning Officer Jeff Martz wrote, however, "those permits do not constitute zoning approval for any expanded use of the property."
The zoning hearing board will have to schedule a hearing within 60 days from when the owner of the used car lot and service center appeals, Miller said.
Supervisors unanimously approved Miller to represent the township at the zoning hearing.
"The board would hear his side of the case, as well as from any resident," Miller said. "We will have jurisdiction. And, all the parties will have a chance to be heard. This seems like the best option at this point for the township...the zoning hearing board can make the judgment."
According to a May warning letter, Martz wrote, the last zoning approval for the River Road property was in 1988. The owner, he continued, was denied a variance in 1993 to expand the use.
Structures have been built, lighting added, parking spots increased, business hours extended, services added and the scope of vehicle sales expanded, Martz stated.
Since 1988, the property’s use has “expanded considerably” without zoning approval, he stated. The business has 20 days to come into compliance with township zoning laws, officials say.