zhb regular meeting€¦ · the office use on that property only, and may not be used for off-site...

ZHB REGULAR MEETINGUPPER DUBLIN TOWNSHIP ZONING HEARING BOARD

MONDAY, NOVEMBER 26, 2018 | 7:30 PM

The meeting location is accessible to person with disabilities. A request for specialaccommodations for persons with disabilities should be made at least 24 hours inadvance of the meeting by calling 215-643-1600 x3220.

The agenda may be amended during the meeting to add or delete items, change theorder of agenda items, or discuss any other business deemed necessary at the time ofthe meeting.

APPLICATIONS

Applications to the Zoning Hearing Board for November 26, 2018

#2268: CONDOR FORT WASHINGTON REAL ESTATE LLLP, OF 404PENNSYLVANIA AVENUE, FORT WASHINGTON, PA 19034, FOR THEPROPERTY LOCATED AT 325 W. PENNSYLVANIA AVENUE, FORTWASHINGTON

Seeks the following relief: 1) Review and reversal of the Notice of Zoning Violationissued by the Community Planner and Zoning Officer dated May 1, 2018, finding theApplicant/Owner in violation of the Upper Dublin Township Zoning Code, Section255-7, in that the use of the property for parking vehicles is in violation of said ZoningCode, and 2) A variance from Zoning Code Section 255-7 and, if necessary, a variancefrom Section 255-246, to permit the use of the property for parking of vehicles. Theproperty is zoned CR-L Commercial and is located in the Fort Washington VillageDistrict overlay. The hearing opened on September 24, 2018 and is continued.

#2283: FOX HUNT FARM, LLC OF 1006 BELVOIR ROAD, PLYMOUTH MEETING,PA 19462 FOR THE PROPERTY LOCATED AT 1537 DILLON ROAD 1

Seeks the reversal of the determination of the Zoning Officer on September 5, 2018 tocease a current use on the property. In the alternative, a variance is requested topermit the activity of goat yoga on the property, subject to certain, reasonablelimitations on this activity. The applicable Zoning Code references are Section255-39.A.2 (Agriculture as a permitted use in Residential districts) and Section255-26.C (the keeping, breeding and management of livestock and poultry as anaccessory use to Agriculture). The property is zoned A – Residential and has an area of6.3 acres.

#2285: PAMELA AND KEVIN BRENNAN OF 510 ORLANDO AVENUE, ORELAND,PA 19075

Request a variance from Zoning Code Section 255-43.B to increase the totalimpervious coverage of their lot from 28 percent (nonconforming) to 33 percent. TheApplicants propose to construct a 400 sq.ft. patio at the rear of their home. Theproperty is zoned A – Residential.

NOTE: APPLICATION #2284 BY MARGARET NOBLE OF 3 LINDENWOLD TERRACEHAS BEEN RESCHEDULED TO DECEMBER 17, 2018.

2

Agenda Item No:

Zoning Hearing Board Agenda Item ReportMeeting Date: November 26, 2018Submitted by: Jesse ConteSubmitting Department: Administration Item Type: DiscussionAgenda Section: Applications

Subject:Applications to the Zoning Hearing Board for November 26, 2018

Suggested Action:

Attachments:RBMemo20181126.pdf

3

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263474/RBMemo20181126.pdf

Memorandum from Community Planning and Zoning Upper Dublin Township

To: Board of Commissioners, Zoning Hearing Board, Paul Leonard, Gilbert P. High, Esq., Joseph Bagley, Esq.

From: Richard D. Barton, Zoning Officer (7Z7"5

Date: November 2, 2018

Subject: Applications to the Zoning Hearing Board for November 26, 2018

#2268: Condor Fort Washington Real Estate LLLP, 0f404 Pennsylvania Avenue, Fort Washington, PA 19034, for the property located at 325 W. Pennsylvania Avenue, Fort Washington, seeks the following relief: 1) Review and reversal of the Notice of Zoning Violation issued by the Community Planner and Zoning Officer dated May 1, 2018, fmding the Applicant/Owner in violation of the Upper Dublin Township Zoning Code, Section 255-7, in that the use of the property for parking vehicles is in violation of said Zoning Code, and 2) A variance from Zoning Code Section 255-7 and, if necessary, a variance from Section 255-246, to peimit the use of the property for parking of vehicles. The property is zoned CR-L Commercial and is located in the Fort Washington Village District overlay. The hearing opened on September 24, 2018 and is continued.

In April of this year, Mercedes-Benz of Fort Washington purchased the subject property, which for many years operated as a Friendly's restaurant, since closed. Mercedes-Benz relocated their accounting offices to the building, a permitted use. However, they are also using the parking lot to serve the employees of their dealership, across Pennsylvania Avenue in Whitemarsh Township. The position of staff is that the parking lot at 325 W. Pennsylvania Avenue is an accessory use to the office use on that property only, and may not be used for off-site employee parking

#2283: Fox Hunt Farm, LLC of 1006 Belvoir Road, Plymouth Meeting, PA 19462 for the property located at 1537 Dillon Road, seeks the reversal of the determination of the Zoning Officer on September 5, 2018 to cease a current use on the property. In the alternative, a variance is requested to pennit the activity of goat yoga on the property, subject to certain, reasonable limitations on this activity. The applicable Zoning Code references are Section 255-39.A.2 (Agriculture as a permitted use in Residential districts) and Section 255-26.0 (the keeping, breeding and management of livestock and poultry as an accessory use to Agriculture). The property is zoned A — Residential and has an area of 6.3 acres.

This property was once known as the Mitsch Nursery. It was purchased in 2017 by Lars Taboga, who began operating a tree nursery, offering horse riding lessons, horse yoga, and goat yoga. The Township sent a Cease and Desist letter, claiming that the goat yoga sessions were "more of a commercial use than an

4

Memo / Zoning Board applications Page 2 11/2/2018

agricultural or animal husbandry use. According to the applicant's attorney, "Goat yoga is a new, creative manner of domesticating and caring for goats, and is therefore a form of animal husbandry. ... the goats learn how to interact with humans and the yoga poses provide platforms for the goats to jump on and balance, providing additional care and domestication." The Township's concerns include hours of operation and traffic control.

#2284: Margaret Noble, 3 Lindenwold Terrace, Ambler, PA 19002 requests an amendment to the terms of the Zoning Hearing Board decision #697 to allow the property to be used as a boarding house with 16 apartments, with conditions. In the alternative, the Applicant requests a use variance from the provisions of Zoning Code Section 255-39.A to allow the property to be used as a boarding home, subject to conditions. The Applicant respectfully appeals from the Notice of Violation dated August 1, 2018 as the property has been in continuous use as a boarding home for a total of 16 guests and an additional third-floor apartment. The property is zoned A — Residential.

This property has been the subject of zoning relieffour times since 1947, with the most recent Zoning Hearing Board decision in 1967 (case #697). A variance was then granted to change the use from a nursing home to a boarding home for aged guests. The approval granted a total of 16 guests on the first two floors. The third floor was subsequently converted to a separate apartment with Township approval. It has been noticed that rooms are being rented to younger adults, including college students. The applicant seeks to retain the boarding house for 16 guests, with the following conditions: published Rules of the House which are strictly enforced; a live-in residential administrator; minimum age of 25 years for all occupants; no leasing to students; and provision of adequate on-site parking.

#2285: Pamela and Kevin Brennan of 510 Orlando Avenue, Oreland, PA 19075 request a variance from Zoning Code Section 255-43.B to increase the total impervious coverage of their lot from 28 percent (nonconfotming) to 33 percent. The Applicants propose to construct a 400 sq.ft. patio at the rear of their home. The property is zoned A — Residential.

5

Agenda Item No:

Zoning Hearing Board Agenda Item ReportMeeting Date: November 26, 2018Submitted by: Jesse ConteSubmitting Department: Administration Item Type: DiscussionAgenda Section: #2268: Condor Fort Washington Real Estate LLLP, of 404 Pennsylvania Avenue, FortWashington, PA 19034, for the property located at 325 W. Pennsylvania Avenue, Fort Washington

Subject:Seeks the following relief: 1) Review and reversal of the Notice of Zoning Violation issued by the CommunityPlanner and Zoning Officer dated May 1, 2018, finding the Applicant/Owner in violation of the Upper DublinTownship Zoning Code, Section 255-7, in that the use of the property for parking vehicles is in violation of saidZoning Code, and 2) A variance from Zoning Code Section 255-7 and, if necessary, a variance from Section255-246, to permit the use of the property for parking of vehicles. The property is zoned CR-L Commercial andis located in the Fort Washington Village District overlay. The hearing opened on September 24, 2018 and iscontinued.

Suggested Action:

Attachments:#2268Notice.pdf

#2268RBMemo.pdf

#2268Application.pdf

#2268Deed.pdf

#2268NoticeofViolation.pdf

#2268Plan.pdf

#2268Receipt.pdf

6

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263478/_2268Notice.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263479/_2268RBMemo.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263480/_2268Application.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263481/_2268Deed.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263482/_2268NoticeofViolation.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263483/_2268Plan.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263484/_2268Receipt.pdf

upper Dublin 801 LOCH ALSH AVENUE

FORT WASHINGTON, PA 19034-1697 Phone: (215) 643-1600

Fax: (215) 542-0797 www.upperdublin.net

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Zoning Hearing Board of Upper Dublin Township will hold a meeting as required by the Township's Zoning Ordinance at the Township Administration Building, 801 Loch Alsh Avenue, Fort Washington, Pennsylvania on Monday November 26, 2018 at 7:30 PM. During this meeting an application concerning 325 W. Pennsylvania Avenue, Fort Washington, PA 19034 will be heard.

#2268: Condor Fort Washington Real Estate LLLP, of 404 Pennsylvania Avenue, Fort Washington, PA 19034, for the property located at 325 W. Pennsylvania Avenue, Fort Washington, seeks the following relief: 1) Review and reversal of the Notice of Zoning Violation issued by the Community Planner and Zoning Officer dated May 1, 2018, finding the Applicant/Owner in violation of the Upper Dublin Township Zoning Code, Section 255-7, in that the use of the property for parking vehicles is in violation of said Zoning Code, and 2) A variance from Zoning Code Section 255-7 and, if necessary, a variance from Section 255-246, to permit the use of the property for parking of vehicles. The property is zoned CR-L Commercial and is located in the Fort Washington Village District overlay. The hearing opened on September 24, 2018 and is continued.

All residents of Upper Dublin Township interested in the above application may appear and be heard. If you are a person with a disability and wish to attend the hearing scheduled for this date and require an auxiliary aid, service or other accommodation to participate in the proceedings, please contact the Township at (215) 643-1600 to discuss how Upper Dublin Township may best accommodate your needs.

A copy of the application is on file in the Code Enforcement Department and may be seen upon request.

By Order of the Zoning Hearing Board.

Richard D. D. Barton Zoning Officer

Note: There is a 30 day period after the date of the decision for an aggrieved person to file an appeal in court to contest an approval by the Zoning Hearing Board. Applicants that take action on a Zoning Hearing Board Approval during the 30 day appeal period do so at their own risk.

If you are not able to attend the hearing, written comments may be entered into the record by submitting them in advance to the Department of Code Enforcement.

Advertisement Dates: November 11 and 18, 2018 - Ambler Gazette

IRA S. TACKEL President

RONALD P. FELDMAN Vice President

REBECCA A. GUSHUE

LIZ FERRY

ROBERT H. MCGUCKIN

GARY V. SCARPELLO

MEREDITH L. FERLEGER

PAUL A. LEONARD Township Manager

GILBERT P. HIGH, JR. Solicitor

7

Memorandum

To: Nearby property owners

From: Richard D. Barton, Zoning Officer (215) 643-1600, ext. 3213 /

Date: October 10, 2018

Re: Continued hearing rescheduled for Zoning Board case #2268, Condor Fort Washington Real Estate at 325 W. Pennsylvania Avenue

Zoning Hearing Board application #2268 concerning employee parking at 325 W. Pennsylvania Avenue, originally scheduled for Monday, October 22, 2018 has been rescheduled to Monday, November 26 at the request of the applicant. The meeting will begin at 7:30 pm at the Township Building, 801 Loch Alsh Avenue, Fort Washington.

The Zoning Hearing Board will not meet on October 22.

• Page 1

8

Date Received: 0, Fee Paid:

lst Ad ‘-/e2 12nd Ad Date of Hearing._

UPPER DUBLIN TOWNSHIP ZONING HEARING BOARD APPLICATION # \o%

V-4

Application is hereby made to the Zoning Hearing Board for a determination in connection with the following facts:

Name of Applicant: Condor Ft Washington Real Est Ulf

Address: 404 Pennsylvania Avenue

Name of Owner: Same

Address: Same

City, State and Zip: Fort Washington, PA 19034

City, State and Zip:

Phone Number: Same

Attorney Phone Number: 215-633-1890_,.

State- PA ZIP 19053 .

Phone Number: 215-646-7700

Name of Attorney: Michael P. Clarke, Esq.,

Address: 7 Neshaminy Interplex #200 City: Trevose

Applicant and Owner request that a determination be made by the Zoning Hearing Board on this Appeal from the Decision of the Code Enforcement Department in which we were:

El Refused a building Permit Given conditional approval of a subdivision plan Other (specify)

This appeal seeks: O An interpretation of the ordinance or map O A special exception under Article , Section Subsection , Paragraph g A Variance relating to the Use, 0 Area, 0 Frontage, 0 Yard, 0 Height, 0 Parking,

Other (specify) The applicable provisions of the Zoning Ordinance are as follows:

Chapter 255 Section 255-7 Subsection Paragraph

Chapter 255 Section 255-246 Subsection A Paragraph

Chapter Section Subsection Paragraph_

Chapter Section Subsection Paragraph

The description of the property involved in this appeal is as follows:

Street Number: 325 Street Name: W. Pennsylvania Ave. Deed Book: 6087 page 259

Block Number: 042 Unit Number: 012 Parcel Number: 54-00:13406-00-4,, Zoning District: FW Served by Public Sewer (yin) V Served by Public Water (y/n)

Lot Size: 1.387 acres Lot Dimensions: 230' X 232' (aggrcx) Street Frontage: 232' (approxlm_

Describe the present use of the property and the existing improvements: One story masonry building, approx. 4771 s.r,

used as professional office (accounting services for Applicant); on-site parking; see Land Survey enclosed

Describe the proposed use of the property and the proposed improvements: Same as above

Has any previous petition been filed with the Zoning Board in connection with these premises? 0 Yes g No

If yes, please describe

Is this property a part of a subdivision heretofore approved by the Township? 0 Yes p No

If Yes, give name of subdivision Date of approval by Township

IM Ordered to Cease a current use

9

before meths day

fV'

Note Lac

Condor Fort Washingto er

eal Estate LLLP

Own

COMMONWEALTH OE PENNSYLVANIA NOTARIAL SEAL

CARLA S. SAVAGE Notary Public Whitemarsh rwp.. Montgomery County

My Commission Expires gebruary 15,2021 .22.19iNIMITNIMMVRIMMIRMIEMEMINIMOIMII.

1/We believe that the Zoning Board should approve this request because:

Please see attached Narrative.

STATE OF PENNSYLVANIA: SS

COUNTY OF MONTGOMERY:

BEING DULY SWORN ACCORDING TO LAW, DEPOSE(S) AND SAY(S) THAT THE FACTS SET FORTH IN THE FOREGOING APPLICATION ARE TRUE AND CORRECT.

Sworn and subscribed to

Property Property owner(s) must join in the above application.


before me, this day

Condor Fort Washingto al Estate LLLP

,

icant

Applicant

Notary Pu

This application must be filled out and signed by the owner and if different the applicant and filed with the Zoning officer along with the appropriate fee. If more space is required, attach a separate sheet to this application and reference the question being answered. The application must be accompanied by:

1. Copy of the deed showing current ownership. 2. Copies of leases or agreements affecting the premises. 3. Notarized zoning application & corporate sealed for companies. 4. Eight copies of the plan of real estate affected showing the location and dimension of improvements now

erected and proposed, parking suses all dimensional requirements of the zoning ordinance, the building envelope, rights f way and easements. The planitthnust bc prepared and sealed by a Registered Land Surveyor unless this requirement is waived by the Director of Code Enforcement,

applic/09/28/04 Page 2 of 2 10

UPPER DUBLIN TOWNSHIP ZONING HEARING BOARD

NARRATIVE IN SUPPORT OF APPLICATION Condor Fort Washington Real Estate LLLP

325 W. Pennsylvania Avenue TMP 54-00-13406-00-4

The Applicant/Owner, Condor Fort Washington Real Estate LLLP ("Applicant"), submits the subject application to the Zoning Hearing Board seeking the following relief:

1. Review and reversal of the Notice of Zoning Violation issued by the Community Planner and Zoning Officer dated May 1, 2018, finding the Applicant/Owner in violation of the Upper Dublin Township Zoning Code, Section 255-7, in that the use of the above-referenced property (the "Property") for parking vehicles is in violation of said Zoning Code.

2. A variance from Zoning Code Section 255-7 and, if necessary, a variance from Zoning Code Section 255-246, to peitnit the use of the Property for parking of vehicles.

In support of the relief described above, Applicant submits the following:

Applicant conducts business at 404 W. Pennsylvania Avenue, as a Mercedes Benz dealership. Due to restrictions regarding parking at the dealership, located in Whitemarsh Township, Applicant requires additional parking for its employees. Despite acquiring several off-site properties for parking the dealership vehicles, some of which off-site properties are

several miles from the dealership, parking for employees who work at the dealership is limited to on-street parking in the surrounding residential neighborhood in Upper Dublin Township. Applicant recognizes the intent of Upper Dublin Township to revitalize the corridor along W.

Pennsylvania Avenue and has taken steps to ensure that the building on the Property is not left vacant or in a deteriorated condition, pending implementation of the Township's planned revitalization. In that regard, Applicant uses the building on the Property for an accounting office, a use permitted in the Zoning District, designated as the Ft. Washington Village District Overlay. The accounting office services not only the dealership at 404 W. Pennsylvania Avenue but also multiple other locations in Pennsylvania and New Jersey. Although there is ample parking available on the Property, the accounting office does not utilize most of the available

parking spaces. Applicant does not store any non-employee vehicles on the Property. Use of the Property for Applicant's employees is not inconsistent with surrounding uses within the District and is not detrimental to the public interest. On the contrary, use of the Property for such parking is less intrusive than if the employees were to park their vehicles in the nearby residential neighborhood, a use that is permitted but certainly not preferable to local residents.

{00795080;v3}

11

4r- r- -% . , \

• /

DEED INSTRUMENT RECORDED

BK 6087

3789615-0023.

MONTGOMERY

DATE: # :

PG 2018025118 04/20/2018

00259 to

COUNTY

00262.1

03:20:21 PM

ROD

... :,-, - f-n-w-kwis . -, gflgig

) ; ,AotircoAcii)

ErouNrk

RECORDER OF DEEDS MONTGOMERY COUNTY Jeanne Sorg

One Montgomery Plaza Swede and Airy Streets - Suite 303 P.O. Box 311 ,., Norristown, PA 19404 Office: (610) 278-3289 - Fax: (610) 278-3869

OFFICIAL RECORDING COVER PAGE Page 1 of 5 Document Type: Deed Transaction #: 3939567 - 4 Doc(s) Document Date: 04/17/2018 Document Page Count: 3 Reference Info: Operator Id: ebossard RETURN TO: (Simplifile) PAID BY: Germantown Title Company GERMANTOWN TITLE COMPANY 502 West Germantown Pike, Suite 200 East Norriton, PA 19403 (610) 631-1540 * PROPERTY DATA: Parcel ID #: 54-00-13406-00-4 Address: 325 W PENNSYLVANIA AVE

PA Municipality: Upper Dublin Township (100%) School District: Upper Dublin * ASSOCIATED DOCUMENT(S):

CONSIDERATION/SECURED AMT: $1.00 DEED BK 6087 PG 00259 to 00262.1 TAXABLE AMOUNT: $2,344,187.95 Recorded Date: 04/20/2018 03:20:21 PM FEES / TAXES: Recording Fee:Deed $86.75 I hereby CERTIFY that this document is Affidavit Fee $1.50 recorded in the Recorder of Deeds Office in State RU $23,441.88 Montgomery County, Pennsylvania. Upper Dublin Township RU $11,720.94 Upper Dublin School District RU $11,720.94

Total: $46,972.01

nituninip,_ ty Ws." c...--- ' • ••••.6 .

• " •:- ,_, 1",..• ,... f-;‘,/ ' ..lr' ' a • •

.".'' ' ‘1.. Jeanne Sorg

Recorder of Deeds ev - -

PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT NOTE: If document data differs from cover sheet, document data always supersedes.

*COVER PAGE DOES NOT INCLUDE ALL DATA, PLEASE SEE INDEX AND DOCUMENT FOR ANY ADDITIONAL INFORMATION

Digitally signed 05/29/2018 by [email protected]

Certified and Digitally Signed Validation may require Adobe Windows Integration'

eCertified copy of recorded # 2018025118 (page 1 of 5) Montgomery County Recorder of Deeds

3789615-0023.

12

04/20/2018 03:20:21 PM

cir/A- ye& Germantown Title Company

W. Germantown Pike, Suite 200 East Norriton, PA 19403

Prepared by and Return to: Eric A. Heinz, Esq. Law Offices of Eric A. Heinz, P.C. 1835 Market Street, Suite 1215 Philadelphia, PA 19103-2912 215-979-7601

PARCEL NO. 54-00-13406-00-4

DEED BK 6087 PG 00260 MONTCO

MONTGOMERY COUNTY COMMISSIONERS REGISTRY 54-00-13406-00-4 UPPER DUBLIN TOWNSHIP 325W PENNSYLVANIA AVE 325W PENNSYLVANIA AVE LP $15.00 B 042 L U 012 4282 04/20/2018 MY

THIS INDENTURE, made the 11 day of April, 2018 and effective the 171h day of April, 2018

BETWEEN

325 W. Pennsylvania Ave., L.P., a Pennsylvania partnership

(hereinafter call the Grantor), of the one part, and

Condor Fort Washington Real Estate LLLP, a Delaware limited liability limited partnership

(hereinafter called the Grantee), of the other part,

WITNESSETH, that the said Grantor for and in consideration of the sum of One and 00/100 Dollars ($1.00) lawful money of the United States of America, unto them well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed and, by these presents does grant, bargain and sell, release and confirm unto said Grantee, its successors and assigns, the land as more fully described in Exhibit "A" attached hereto and made a part hereof.

BEING the same premises which 325 Pennsylvania (Fort Washington), LLC, a Pennsylvania limited liability company by Deed dated 3-3-2016 and recorded 3-21-2016 in Montgomery County in Deed Book 5992 74 conveyed unto 325 W. Pennsylvania Ave., L.P. a Pennsylvania limited partnership, in fee.

TOGETHER with all and singular the land and buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor, in law, equity, or otherwise howsoever, of, in, and to the same and every part thereof.

TO HAVE AND TO HOLD the said lot or piece of ground above described with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns to and for the only proper use and behoof of the said Grantee, its successors and assigns forever.

AND the said Grantor, for itself and its successors and assigns, does by these presents covenant, grant and agree, to and with the said Grantee its successors and assigns, that the said Grantor and its successors and assigns, all and singular the hereditaments and premises herein described and

eCertified copy of recorded #2018025118 (page 2 of 5) Montgomery County Recorder of Deeds

13

COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL

Dana Santangelo Barth-Wagner, Notary Public East Norriton Tuvp., Montgomery County

My Commisslon Expires April 9. 2021 htgegqiffgH4610ttKoatiflo:17v,s atIrz v118 (page 3 of 5)-' -

Montgomery Coq-Ay Recorder of Deeds

04/2002018 03:20:21 PM DEED BK 6087 PG 00261 MONTCO

granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee and its successors and assigns, against the said Grantor, its successors and assigns, and against all and every other person or persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from, or under them, or any of them, shall and will, subject as aforesaid, WARRANT and forever DEFEND.

IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written.

Sealed and Delivered: In the Presence of Us:

Witness:

Grantor:

325 W. Pennsylvania Ave., L.P.

By: GP of 325 W Pennsylvania Ave., LLC, its General Partner

By: (Seal) Name: e ohen Title: Authorized Representative

The address of the within-named Grantee is:

do Mercedes Benz of Fort Washington 404 Pennsylvania Ave. Fort Washington, PA 19034

Certified by:

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF

On this, the I -?day of April, 2018, before me, the undersigned officer, a Notary Public for the State and County aforesaid, personally appeared Kenneth Cohen who acknowledged himself to be the Authorized Representative of GP of 325 W Pennsylvania Ave., LLC , a Pennsylvania limited liability company which is the general partner of 325 W. Pennsylvania Ave., L.P., a limited partnership, and that Kenneth Cohen as such Authorized Representative, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by himself as Authorized Representative.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Not My Commission expires: 4-1. (// 4)J-I

14

04/20/2018 03:20:21 PM DEED BK 6087 PG 00262 MONTCO

EXHIBIT "A"

LEGAL DESCRIPTION

ALL THAT CERTAIN lot or piece of ground, situate in the Township of Upper Dublin, County of Montgomery and Commonwealth of Pennsylvania, described according to a certain Plan thereof made for Julius P. and Virginia H. Schnell by George B. Mebus, Inc., Engineers of Glenside, Pennsylvania and recorded in Plan Book A-17, Page 38 on October 8, 1970 in Norristown, Pennsylvania, described as follows to wit:

BEGINNING at a point of tangent, an iron pipe, on the North side of Pennsylvania Avenue (Appl. 3961) (62.50 Feet Wide),said point being the distance of 46.84 feet measured on the arc of a circle curving to the right having a radius of 30 feet from a point of curve on the Northwesterly side of Summit Avenue (50 feet wide); thence extending from said point of beginning North 45 degrees, 42 minutes, 30 seconds West along the North side of said Pennsylvania Avenue the distance of 148.40 feet to an iron pipe; thence extending still by lands of the same North 45 degrees, 22 minutes, 30 seconds West the distance of 82.25 feet to an iron pipe, of a corner of lands now or late of Julius P. and Virginia H. Schnell; thence extending still by lands of the same North 44 degrees, 51 minutes East the distance of 232.51 feet to an iron pin; thence extending still by lands of the same South 45 degrees, 33 minutes East the distance of 260.52 feet to an iron pin on the Northwest side of the aforementioned Summit Avenue; thence extending along the Northwesterly side of Summit Avenue South 44 degrees, 50 minutes West the distance of 202.96 feet to an iron pin a point of curve on the same iron pin; thence extending on the arc of a circle curving to the right having a radius of 30 feet the arc distance of 46.84 feet to the first mentioned point and place of beginning.

BEING 325 West Pennsylvania Avenue, Fort Washington, Pennsylvania.

Being the same premises which 325 Pennsylvania (Fort Washington), LLC, a Pennsylvania limited liability company by Deed dated 3-3-2016 and recorded 3-21-2016 in Montgomery County in Deed Book 5992 Page 1374 conveyed unto 325 W. Pennsylvania Ave., L.P. a Pennsylvania limited partnership, in fee.

54-00-13406-00-4

eCertified copy of recorded #2018025118 (page 4 of 5) Montgomery County Recorder of Deeds ,7e

15

E. EXEMPTION DATA - Refer to instructions for exemption status. Ia. Amount of Exemption Claimed

0.00%

2. Check Appropriate Box Below for Exemption Claimed. El Will or intestate succession

lb. Percentage of Grantor's Interest in Real Estate

100.00% lc. Percentage of Grantor's Interest Conveyed

100.00%

04/20/2018 03:20:21 PM REV-183 EX (2-15)

pennsytvania DEPARTMENT OF REVENUE

Bureau of Individual Taxes PO BOX 280603 Harrisburg, PA 17128-0603

DEED BK 6087 PG 00262.1

REALTY TRANSFER TAX STATEMENT OF VALUE

MONTCO

RECORDER'S USE ONLY State Tax Paid $71,441 88 Book Number

Page Number

See reverse for instructions Date Recorded 00259

Street Address 325 West Pennsylvania Avenue

City, Township, Borough Township Upper Dublin Township

County Montgomery

School District Upper Dublin

Tax Parcel Number 54-00-13406-00-4

Name Germantown Title Company

ZIP Code 19403

Mailing Address 502 W. Germantown Pike, Suite 200

City East Norriton

State PA

Telephone Number: (610)631-1540

A. CORRESPONDENT - All inquiries may be directed to the following person:

B. TRANSFER DATA Date of acceptance of Document

4/17/2018 Grantor(s)/Lessor(s)

325W. Pennsylvania Ave., L.P., a Pennsylvania limited partnership

Telephone Number: Grantee(s)ILessee(s) Condor Fort Washington Real Estate LLLP, a Delaware limited liability limited partnership

Telephone Number:

Mailing Address 416 S. Bethlehem Pike

Mailing Address 325 West Pennsylvania Avenue

City Fort Washington

State PA

ZIP Code 19034

City Fort Washington

State PA

ZIP Code 19034

C. REAL ESTATE LOCATION

D. VALUATION DATA Was transaction part of an assignment or relocation? Y

SigarCKPAPA349:141 PM Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) the deed is without consideration, or by gift, or (3) a tax exemption is claimed. If more space is needed, please attach additional sheet(s). A Statement of Value (SOV) is not required if the transfer is wholly exempt from tax based on family relationship or public utility ease-ment. However, it is recommended that a SOV accompany all documents filed for recording.

1. Actual Cash Consideration $2,344,187.95

2. Other Consideration + $0.00

3. Total Consideration = $2,344,187.95

4. County Assessed Value $805,770.00

5. Common Level Ratio Factor X 1.85

6. Computed Value = $1,490,674.50

(NAME OF DECEDENT) (ESTATE FILE NUMBER)

0 Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) 0 Transfer from a trust. Date of transfer into the Trust If trust was amended attach a copy of original and amended trust.

0 Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.)

0 Transfers to the commonwealth, the U. S., and Instrumentalities by gift, dedication, condemnation, or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach a copy of resolution.)

0 Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) 0 Corrective or confirmatory deed (Attach complete copy of the deed to be corrected or confirmed.) El Statutory corporate consolidation, merger or division. (Attach copy of articles.)

o Other (Please explain exemption claimed.)

Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my knowlelge and belle', it is true, correct and complete. Signature of Corresp fident or Responsible Par y Date

FAILURE TO COMPLETETH1S FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. eCertified copy of recorded #2018025118 (page 5 of 5)

Montgomery County Recorder of Deeds

16


FORT WASHINGTON, PA 19034-1697 Phone: (215) 643-1600 Fax: (215) 542-0797 www.upperdublin.net



REBECCA A. GUSHUE

LIZ FERRY

ROBERT H. MCGUCKIN

GARY V. SCARPELLO




Dear Mr. Magarity:

It has been observ_ed_by Township staff_that the property at 325 Pennsylvania Avenue in Upper Dublin Township is being used as a parking lot for the employees of the Mercedes Benz of Fort Washington auto dealership across the street in Whitemarsh Township (photos attached).

Parking lots are accessory uses to permitted primary uses in the Fort Washington Village District Overlay. The Township Zoning Code defines an "accessory use" as "A use subordinate to the principal use of land or of a principal building or of a principal structure on a lot and customarily incidental thereto." (Zoning Code, Section 255-7) The parking lot at 325 Pennsylvania Avenue is an accessory use to be used only by employees and customers of the professional accounting office located at that site, and not for employees working off-site.

This letter is to notify you of the Township Zoning regulations. You have 30 days from the receipt of this letter to comply with the ordinance, or you may file an appeal of this notice with the Zoning Hearing Board within 30 days. Failure to comply with the notice or file a Zoning Board application within 30 days will result in a citation filed with the Magistrate Justice, and you will be subject to a hearing and possible fines.

May 1, 2018 By first-class and e-mail.

Chris Magarity / Chief Operating Officer Mercedes Benz of Atlantic City Mercedes Benz of Fort Washington Mercedes Benz of West Chester 404 Pennsylvania Avenue Fort Washington, PA 19034

Notice of zoning violation: Off-site employee parking at 325 Pennsylvania Avenue, Fort Washington

17

If you have any questions about this notice, you may contact me at 215-643-1600, ext. 3213.

Sincerely,

Richard D. Barton Community Planner and Zoning Officer

Attachments

C: Paul Leonard David Brooman, Esq.

2

18

325- /-F/7/7/77, - /4e-

19

32 -S 7-2' r7s (a.i77a e.

20

k

k ) \

r ` c' c \ ( ,

21

A I.

IT .1011 SPACES

2

3

4

5

6

7

SHEET 1 OF 1

Cert(Ica ehertm

CONCRETE CURB

IS PARKING SPACES

II PARKA.; SPACES

-, 1,HTNR Evan. LEE. Choc

0 VICINITY MAP 1."=5001

-- --

IRON PIPE FOUND ON USE SAD' S

PARCEL a 54-00-13406-00-4 AREA = 60,398 ±SO. FT

OR 1.307 JACRES

0. cm6.46

4/4/18

MO0012400

7937500

AP

Revisions:

PAVED DRIVEWAY

PER FORMER LOT UNE

PLAN BOOK A-17, PAGE 38

pARCEL IDI ,-00-06A5,-00-C N/F SANE ANDREW 3 5 AUREN

STATEMENT OF ENCROACHMENTS

MIOCENE DRIVEWAY EXTENDS ONTO THE SUBJECT PROPERTY A WARN O.. OF 15.7' TO THE SOIMINEST DOCUMENTATION Of EASEMENT PRETEND.

NOTES CORRESPONDING TO SCHEDULE B, SECTION II

CONDMONS AS DISCLOSED BY SURVEY RECORDED IN PIAN BO. A-17 PAGE 35. THIS REM DOES REFER TONE SUBJECT PROPERTY AND IS PLOTTED HEREON.

O EASEET AGREEMENT WITH UPPER DUB. TOWNSHIP AS IN DEED ROOK 5453 PAGE 1857. THIS CRAMDas REFER TO THE SUBJECT PROPERTY AND IS PLOTTED HERE..

SURVEY REFERENCES

I. DEED BOOK 4890. PAGE 1999 DEED BOOK E.E. PAGE 1421 DEED El. 5735 PAGE 267D 2. EP ENTITLED IP. OF LOTS MA. FOR NOUS P. & VIRGINIA HEIST SCHNELL UPPER DUBLIN TOWNSHIP, MONTGOMERY COLIN..

PENNSYLVANN6 PREPARED BY GEORGE B. MENUS, INC. ENGINEERS OF GUESS. PENNSYLVANIA, DATED JULY 7, 1967, SEARING A LATEST PENSION DATE OF AUGUST 5, 1957 AND PLED IN THE MONTGOMERY COUNTY .111. OfTICE IN PLAN BOO, A.,7, PAGE 38 ON OCTOBER 8, IWO.

3. SEINE TOILS GUMMY COMPANY TOOLS COMMITMENT NO. 20136577 DATED JULY). 2013 MID THE SUPPLEMENTAL OGDUNENTMON REFERRED TO THERON.

SURVEY NOTES

1. PROPERTY SUBJECT TO OCOEE. OF RECORD, 2. THE SUBJECT PROPERTY IS SUBJECT TO ENSEMENTS, 0milrnoNs, CR EICEPTIONS, OR CONVEYANCES THAT MAY EST. 3, ONLY SURFACE CONDMONS ARE SHOWN, NO REPOIEBINY IS TAKEN FOR BURIED PIPES. MARES, gime. wals. U.S. ETC. S. THE SUBJECT PROPERTY IS SUBJECT TO THE RENTS OF THE PUBLIC IN NV PORTON OF SND PROPERTY LEND WITHIN THE

RENTS OF V/AY OF ENE ROADS SHOWN. 5. THERE IS NO OWE. ENDENCE OF DEN MOVING ERA BOLDING consmucrioN OR BUILDING ADDED. WIHIN RECENT

MORRIS ON THE SUBJECT PROPERTY. 6. THERE ARE NO CHANGES IN STREET RIGHT OF WAY ONES OTHER COMPLETED OR PROPOSED TO THE BEST OF OUR KNO.00E.

AND AVAILABLE FROM CONTROLLING JURISDICTION. 7. THERE IS NO OBSERVABLE ENDECE OF RECENT STREET OR SLEW. CONSTRUCTION OR RAPERS. 8. MERE IS NO OBSERVABLE ENDENCE OF snr USE OUR SOLID WASTE DUMP. SUMP OR SANITARY LANDOLL OR CEMETERY. 9. ALE TAMES APPEAR TO ENTER THE PROPERTY AJAR PUBLIC RIGHT-OF-WAY. TO THE PROPERTY APPEARS TO ORAN INTO A PUBLIC RIGHT-OF-WAY. IT. ALL CALLS HEREON ARE MEASURED USE RECORD UNLISS OTTERMASE ACTED. IS. WE ADDRESS Of THE PROPERTY, 325 PENNSILVAIM NENE W/S PROVIDED PER RECORD DOCUMENTS. AT . TIME Of THE SU

VISTE THE morns WAS NOT POSTED OR DESERVED AT THE SITE IS. STORES DREGT RIMEL ACCESS TO THE SUBJECT PROPERTY NA PENNSYLVANIA A.UE AND SUMMIT AVENUE, BOTH SONG

PUB. RIGHT-OF-WAYS. TA TES SURVEY MAP CORRECTLY REPRESENTS THE FACTS FOUND AT THE 111E Al THE SURREY. IS. THERE ARE NO DIEREPANDES BENI. TOT BOUNERY LINES OF THE PROPERTY AS EOWN ON THIS SURVEY MAP AND AS

DES.IBED IN RE LEE. DES.1PPON PRESENTED IN TIE TITLE COINIDENT. 15. THE BOUNDARY UNE DIMENSIONS AS SHOWN 05 105 ERVEN SLAP FORM A ETHEMITGALLY CLOSED num INTHIN E-0.1 FOOT, TO. THE BOUNDARY LINES OF THE PROPERTY ARE COMTGUOUS WWI THE BOUNDARY LEM OF ALL ADENING SERE., HIGHWAYS,

RIGHTS OF WAY MD EASEMENTS, MBE OR PRONE AS DEC.. IN TER MOST RECENT RESPECTIVE LEGAL ASCRIPTIONS Of

18. THE PROPERTY CONSISTS OF ONE PARCEL 19. NO EVIDENCE OF PORI. ELANDS WERE DESERVED ON THE SUBJECT PROPERTY AT THE TME THE SURVEY WAS CONDUCTED.

NCR HAVE WE RECFNED ANY DOCUMENTATION OF ANY .IANDS BERG LOCATES ON THE SUBJECT PROPERTY.

LEGEND

MONUMENT

IRON PIPE/REDAR

BOOK

PAGE

9

0

BK

PC

UNKNOWN MANHCIE ®

ELECTRIC MANHOLE V

SANITARY MANHOLE V

CLEAN OUT ...

WATER VALVE

WATER METER

ARE HYDRANT

WATER SALT OFF

177

O.Z1

It

FILED MAP F.M. TELEPHONE MANHOLE 0 VELL ®

RIGHT OF WAY RAW. STORM MANHOLE 15 IRRIGATON CONTROL VALVE D76

DON -.--..- CATCH BASS S CAS VALVE D7,1

FLAGPOLE . UGHT POLE -4 GAS METER A MAILBOX

DULIPSITJR

IZI

Ea

WALL-MOUNTED LJGHT 4

BOLLARD •

UTUTY POLE

GUY NEC

V.,

HANDICAP SYMBOL ,'.3,

-

TREE ,&r.D it a ELECTRIC METER HEM

PROPERTY UNE (PC) WATER SHE

-

- - -

- - - -- --- - PROPERTY UNE GAS USE

SETBACK USE ELECTRIC LINE

WETLANDS BOUNDARY ' ' ' - TELEPHONE UNE

OVERHEAD WIRES STREAM OR BROOK - - - - - - -

.-,.. TREE UNE

CHAIN UNK FENCE

WOOD FENCE

•,--,-.--.---,v,--̀-,

, - , SANITARY SEWER

STORM SEWER

GUIDE RAIL - .

ACCESS TO PENNSYT.UASIA AVENUE

LU PAVED

PARKING AREA

CONCRETE CURB •2 PARA,C SPACES

PAVER SEATING ARE

ROOK PAIN

I

EASEMENT TO UPPER DUBUN TOWNSHIP FAR TRAFFIC SIGNAL PER DEED K 5453, PG 1857

RIGHT-OF-WAY UNE

ACCESS PANEL

31.25'

GRASS AREA

CONCRETE PAD MITE ELECTRICAL BOX

FREESTANDING PYIAN SIGN FRIENDLY'S

HEGHT-.17.2'

14,

/V: Air

ROOF HOCHT=14.9'

"ROOF PEAK HEIGHT=23.4'

ONE STORY MASONRY BUILDING 'FRIENDLYS'

No. 325 (NOT POSTED) AREA=4,771 CSq. FL

STEEPLE HEIGHT-3R.5'

I sARkiNG SPACES

PAWN, SPACES

BRICK WALL

DUMPSTER AREA

115.5'

IS,?' 115.7'

CHAIN UNK FENCE - zd

; >

ALL THAT CERTAIN EATON PIECE OF GROUND, ORATE IN RE TOWN.P OF UPPER DUBLIN. COUNTY OF MONTGOMERY AND COMMONWEALITI OF PENNSYLVANIA, DESCRIBED ACCORDING TON CERTAIN PLAN THEREOF MADE FOR LULUS P. AND TRONA H. SCHNELL BY GEORGE B. MEALS, INC.. ELINEERS OF GLEEDE, POIELVANE AND RECORDED IN PLAN BOOK A-17, PAGE 38 ON OCTOBER 8, 1970 IN NORRISTOWN, PENNSYLVANY, DESCRIEED AS FOLLOWS TO WITT

REGINNING AT A POINT OF TANGENT, AN IRON PIPE ON THE NOM SIDE OF PENNSYLVANIA AVENUE (APE 3961) .250 FEET WIDEN ED POINT BONG THE DISTANCE OF 46.84 FEET MEASURED ON THE ARC OF A CIRCLE ERVING TO THE RIGHT HAVING A REES OF 30 FEET IRON A POINT OF CURVE ON THE NORINWESTERLY SIDE OF SUMMIT AVENUE (S0 ,a-r ROE); THENCE WENDING FROM SAD POINT OF BEGINNING NORTH 45 DEGREES 42 NIMMES. 30 SECONDS WEST ALONC THE No. STE OF ED PEN.YLVAIE AVENUE THE CATINCE OF 1..40 FEET TO AN IRON PIPS THENCE WENDING STILL BY .10S OF THE SAME NOME 45 DEGREES, ED MINUTE. 30 SECONDS vim THE DISTANCE OF 8225 FEET TO AN IRON PIPE, OF A OWNER OF LANDS RONDO LATE Of JULIUS P. AND \CONN H. SCHNELL, THENCE WENDING ELL BY ONDS OF THE SAME NORTH 44 MORES, 51 ENTITIES EAST THE DISTANCE OF 232.51 FEET 10 50 IRON PIN, THENCE WENDING mu BY TADS OF THE SAME SOUTH 45 DEGREES, 33 MINUTES OUT THE DISTANCE Of 260.52 FEET TO AN IRON PIN OR THE NORTHWEST SIDE OF THE AFOREMENITONED SUMNFT AVE. THENCE BREEDING ALONG THE NORTHWESTERLY SIDE OF SUMMIT AVENUE sow, 44 DEGREES. 50 MINUTES WEST THE DISTANCE OF 202.95 FEET TO AN IRON PIN A POINT OF CURVE ON THE SAME RON PIM MODE MENDING ON THE ARC ERA CIRCLE ERE. TO THE RIGHT MING A RAMS OF 30 FEET THE ANC DISTANCE OF 46.84 FELT TO THE FIRST 11EN30NED PANT RID PURE OF BUNNING.

SEND 325 WEST PENNSTEIN MENUE. FORT WASHING.. PENSYLVANN.

BENG THE SAME PREMISES EPOCH 32S POINWLVANIA (FORT WASHINGTON), LIE A PERELVANN OWED um., CONT6ANY BY DEED TEED 3-3-2016 AND RECORDED 3-21-2016 IN IENTODIETY COUNTY N DEED BOOK 59E PAGE 1374 CONED, UNTO 325 W. PENNSYLVANIA AVE, LP. A PENNSYLVANIA LIMITED PARTNERSHIP. IN FEE

BEING PARCEL ND E-00-13403-00-4

T. PROPERTY 06CRIBOI AND .0. HEREON IS TIE SAME PROPERTY RESCRIBER IN fIDEUTY NATIONAL mu INEENCE COMPANY TOLE COMMITI/DIT No. DEN-31922-S DATED JANUARY 8, 2518.

RECORD DESCRIPTION

POINT Of BEGINNING (P.00.)

TRAFFIC LICHT POLE

L=46.84, R=30.00

A=89127'30" REBAR FOUND

ON POINT

PAVER SIDEWALK

- CENTERUNE OF SEAT-OF-WET

(Tr.)

DAT

OVERHANG

ILL EAT CORER LOT OR PIECE OF GROUND, STINE IN THE TOWNSHIP OF UPPER MEM COUNTY OF MONTGOMERY AND COM.WEALITI OF PENNSYLVANIA DECREED ACCORDING TO A CATION P. THEREOF MADE FOR JULIUS P. AND VIRGINIA H. SCHNEE BY GEORGE B. REBUS INC, ENGIN.RS AT DOWERS PENNSYLVANIA AND RECORDED IN PIAN BON 0-17, PAGE 38 ON OCTOBER 8, 1970 IN NONE..., PENNSYLVANIA DESCRIBED AS FOLLOWS, TO WM

BEGINNING ATE POINT OF TANGENT, AN RUNE PIPS ON RE .F. SIDE OF P.NSYLEIN ANENLJE (APP]. 3961) (6250 FEET YEE), SAID PONY BEING THE DISTANCE OF 45.84 FEET MEASURED ON THE ARC OF A CIRCLE CUENG TO THE RENT HAT. A RADIUS OF 30 FEET ARMS POINT OF CUM ON THE ERTIMESTERLY NICE OF SUET AVENUE (50 FEET VADDT THENCE DYTENDING FROM .0 POINT OF BEGINNING NORTH . DEDR.S. 42 MINUTE, 30 SECONDS WEST ALONG THE NOM SIDE OF SAID PONDIVANN AVENUE WE DISTANCE OF 148.4D FEET TO AN IRE PIPE; THENCE EXTENDING STILL NY AREA OF THE SEE NORTH 45 DEGREES, 22 MINUTES, 30 SECONDS WET THE DISTANCE OF W25 FEET TO AN IRON PIPS OF A CORNER OF LANDS NOW OR LATE OF JULES P.000 NRGINA H. SCHNEE THENCE effENovic snu. BY ARCS OF RE ENE NORM 44 DEGREE, 51 MINUTES EAST THE DISTANCE Of 23250 FEET TO AN IRON PIE THENCE MENDING ELI BY ENDS OF RE SANE SOLTIN 45 DEGREES, JO WARE EAST THE DISTMCE OF 250.52 FEET TO MI IRON PR ON THE NORTIY. SEE 01 110 AFOREMENTIONED SUMMIT ATMS THENCE MENG ALONG THE NORTHWESTERLY SIDE OF SUMMIT AVENUE EUTH 44 DECREES, 50 MINTS WEST THE INSTANCE OF 202.69 FEET TORN IRON WAR POINT OF CURVE ON THE SAME IRON PIN: TWICE EXTENDING OR THE ARC CEO TIRED DUNK TO THE REIT HAVING A RADIUS OF 30 FEET THE ANC DISTANCE OF 46. FEET TO THE FIRST 11E..E0 P0101 1)0 RACE OF SENN.

BONG 325 WEST PENNSYLVANN AVENUE. FORT WASHINGTON, PENMENLE,

BEING WE SAME PREMSES ORION SOS PENNSYLVANIA (FORT W.INGTON). TLC, A PENNSYLVANIA UNITED Loamy COMPANY BY DEED DATED 3-3-2015 AND RECORDED 3-21-2016 IN MONTGOMERY COUNTY IN DEE BOOK 5992 PAGE 1324 COME. UNTO 325 W. PENNSYLVANIA AVE. AP. A PENNSYLVANIA UNITED PARTNERW1P, IN FEE

BEING PARCEL NO. 54-00-13.6-00-4

THE PROPERTY DESCRIBED AND SHOE HEREON IS THE ARE PROPERTY DESCRIBED IN ODEON NATION, TILE INSUENCE COMPANY TITLE COIEFINENT No. GEN-31922-S DATED JANUARY 8. 2018.

AS-SURVEYED DESCRIPTION

CONCREIL LUND

RIGHT-OF-WAY USE (TIP.)

SUMMIT AVENUE 1 (30' WIDE PUBLIC R.O.W.)

ONCRETE SIDEWALK

GRASS AREA

044' 50' 00"W 202.69' (SURVEY AND MAP)

(202.96' DEED)

TRANSFORMER

RAILROAD TOE WALL_

7: PIPE UNE

FOUND

DEPRESSED CURB

ACCESS TO SUMMIT AVENUE

SURVEYOR'S CERTIFICATION

THIS IS TO CERTIFY MAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE vini THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LACED TITLE SURVEYS. JOINTLY ESTABUSHED AND ADOPTED BY ALTA AND NSPS, AFID INCLUDES anis 2. 3, 4, go), 0(5), 7(s), 79(I), 7(c), 5. 9, 13, 14, 16, 17 AND 20 OF TABLE A THEREOF. THE REED WORK WAS COMPLETED ON NOVEMBER 5, 2013 AND MARCH 29, 2018.

DATE OF PLAT OR MAP: APRIL 4, 2016 0I/'OTMWD,1z

PROFESSIONAL

sllo. REGISTERED

BY, pv,1'

MATTHEW M. WEBBTN

NM MATTHEW 31. WERE, PLS

REGISTERED PROFESSIONAL 10000 SURVEYOR NO, SU075541-1+,.'6), WITHIN THE STATE OF PENNSYLVANIA

THE PROPERTY DESCRIBED AND SHOWN HEREON IS THE SAME PROPERTY DESCRIBED IN FIDELAY NATIONAL TIRE INSURANCE COMPANY TITLE COMMITMENT NO. GEN-31922-S DATED JANUARY a, 2016.

TO: MERCEDES-9042 FINANCULL SERVICES USA IC, ITS SUCCESSORS AND/OR ASSIGNS AS THEIR RESPECTIVE INTERESTS MAY APPEAR; GERMANTOWN TITLE COMPANY, FIDELITY NATIONAL TITLE INSURANCE COMPANY:

FLOOD NOTE: BY GRAPHIC PLOTTING ONLY, THIS PROPERTY S IN TONE X OF THE FLOOD INSURANCE RATE ES COWIN. PANEL NO. 4209100289E, WM. BEARS Al EFFECTIVE DATE OF DECEM. 19, 1996 MD IS NOT IN A SPECIAL ROOD HAERD AREA WE EVE LEE.) THIS COMMUNITY DM ERR.. PARTOPATE IN THE PROGRAM. NO P. SURVEYING WAS PERFORMED TO GREENE T. ZONE AND AN fLEATION CERTFICATE EY BE NEEDED TO ERIE THIS DETERMINATION W APPLY FOR A VARIANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

SCALE : 1" = 20'

20' 40'

LT

A/N

SPS

LA

ND

TIT

0

2 80283.01

S - 1

802630151 d g

a

P NEEL 0 54-TO- 06448-DO- MT SCHNEE LATH VIRCHIA LI

N447:20"E

232.50' (SURVEY AND MAP) 0

(232.511 DEED)

22

Received From:

$1,500.00 Geri Bauer, (215) 643-1600 ext. 3205 TOTAL AMOUNT PAID

MERCEDES-BENZ OF FT WASHINGTON 404 PENNSYLVANIA AVENUE FT WASHINGTON, PA 19034

Property Location Check No. Payment Method

70507 Check 325 W. Penna. Ave

Item Description

01-361-3300 Zoning Hearing Board Fees

Qty Rate

1,500.00

Amount

1,500.00

PLEASE NOTE: Payment of the permit fee does not constitute issuance of a permit. After the Permit Application has been reviewed, approved, and processed, the permit will be either mailed

or emailed to Homeowner and Contractor. Thank you.

Upper Dublin Township Code Enforcement Department 801 Loch Alsh Avenue Fort Washington, PA 19034 Phone # 215-643-1600 Fax #215-643-8843 http://www.upperdublin.net

Payment Receipt

23

Agenda Item No:

Zoning Hearing Board Agenda Item ReportMeeting Date: November 26, 2018Submitted by: Jesse ConteSubmitting Department: Administration Item Type: DiscussionAgenda Section: #2283: Fox Hunt Farm, LLC of 1006 Belvoir Road, Plymouth Meeting, PA 19462 for theproperty located at 1537 Dillon Road

Subject:Seeks the reversal of the determination of the Zoning Officer on September 5, 2018 to cease a current use onthe property. In the alternative, a variance is requested to permit the activity of goat yoga on the property,subject to certain, reasonable limitations on this activity. The applicable Zoning Code references are Section255-39.A.2 (Agriculture as a permitted use in Residential districts) and Section 255-26.C (the keeping, breedingand management of livestock and poultry as an accessory use to Agriculture). The property is zoned A –Residential and has an area of 6.3 acres.

Suggested Action:



#2283Deed.pdf

#2283Plan.pdf

#2283Receipt.pdf

24










Notice is hereby given that the Zoning Hearing Board of Upper Dublin Township will hold a meeting as required by the Township's Zoning Ordinance at the Township Administration Building, 801 Loch Alsh Avenue, Fort Washington, Pennsylvania on Monday November 26, 2018 at 7:30 PM. During this meeting an application concerning 1537 Dillon Road, Ambler, PA 19002 will be heard.

#2283: Fox Hunt Farm, LLC of 1006 Belvoir Road, Plymouth Meeting, PA 19462 for the property located at 1537 Dillon Road, seeks the reversal of the determination of the Zoning Officer on September 5, 2018 to cease a current use on the property. In the alternative, a variance is requested to permit the activity of goat yoga on the property, subject to certain, reasonable limitations on this activity. The applicable Zoning Code references are Section 255-39.A.2 (Agriculture as a permitted use in Residential districts) and Section 255-26.0 (the keeping, breeding and management of livestock and poultry as an accessory use to Agriculture). The property is zoned A — Residential and has an area of 6.3 acres.




/04a° a,y7L Richard D. Barton Zoning Officer






REBECCA A. GUSHUE

LIZ FERRY

ROBERT H. MCGUCKIN

GARY V. SCARPELLO




25

Date Received: Fee Paid:

1st Ad /7"/Z/8 /2nd Ad Date of Hearing:

UPPER DUBLIN TOWNSHIP ZONING HEARTNG3 OARD APPLICATION #

Application is hereby made to the Zoning Hearing Board for a determination in connection with the following facts:

Name of Applicant: Fox Hunt Farm, LLC

Address: 1006 Belvoir Rd.

City, State and Zip: Plymouth Meeting, PA 19462

Phone Number: (610) 613-4333

Name of Owner: Fox Hunt Farm, LLC

Address: 1006 Belvoir Rd.

City, State and Zip: Plymouth Meeting, PA 194E

Phone Number: (610) 6134333

Name of Attorney: John F. Walko, Esq. - HRMM&L Attorney Phone Number: (215) 661-0400

Address: 375 Morris Rd PO Box 1479 City: Lansdale

Iii.,V(1/4.114C., 0 h riret - Applicant and Owner request that a determination be made by the Zoning Hearing Board on this Appeal from the Decision of the Code Enforcement Department in which we were:

Refused a building Permit 0 Given conditional approval of a subdivision plan O Other (specify)

This appeal seeks: O An interpretation of the ordinance or map O A special exception under Article , Section , Subsection

Iffl A Variance relating to the Use, Other (specify)

The applicable provisions of the Zoning Ordinance are as follows:

g Ordered to Cease a current use

0 Area, 0 Frontage, 0 Yard,

State: PA ZIP 19446-0773

, Paragraph

0 Height, D Parking,

Chapter 255 Section 39 Subsection A Paragraph 2

Chapter 255 Section 26 Subsection C Paragraph




Street Number: 1537 Street Name: Dillon Rd Deed Book: 6046 Page 1316

Block Number: 008 I Unit Number: 011

Zoning District: A Residential Served by Public Sewer (yin)

Lot Size: 6.3 Acres Lot Dimensions: \. apt

Describe the present use of the property and the existing impr

Parcel Number: 54-00-04714-00-2

Served by Public Water (y/n) Y ViAt Street Frontage:

ements: Please see supplemental statement attached

Describe the proposed use of the property and the proposed improvements: Proposed use and proposed

improvements to remain as present use of property and existing improvements

Has any previous petition been filed with the Zoning Board in connection with these premises? 0 Yes lI No

If yes, please describe

Is this property a part of a subdivision heretofore approved by the Township? 0 Yes 0 No


26

before me, this

day

of dFPTE-426 ,20 /5

Notary Public

COMMONWEALTH OF P TYL ANIA NOTARIAL S

Dawn Mikos, Notary P blic Upper Gwynedd Twp., Montgom County

My Commission Expires Sept. 27,2021

Owner

I/We believe that the Zoning Board should approve this request because: Please see supplemental statement attached hereto


COUNTY OF MONTGOMERY:

Lars Taboga BEING DULY SWORN ACCORDING TO LAW, DEPOSE(S)

AND SAY(S) THAT THE FACTS SET FORTH IN THE FOREGOING APPLICATION ARE TRUE AND CORRECT.


Property owner(s) must join in the above application.


Lars Taboga, for Applicant

COMMONWEALTH OF PEN S LVANIA NOTARIAL SEAL

Dawn Mikos, Notary Public Upper Gwynedd Twp.. Montgomery County

My Commission Expires Sept. 27, 2021 MEMBER, PEN 4SYLVAMAASSOCIATION OF NOTARIES

Lars Taboga, f andowner

da2/1 Notary Public

This application must be filled out and signed by theNtWiggiRtY2thaltMRSRid/Wati?M'411ed with the Zoning officer along with the appropriate fee. If more space is requ'red, attach a separate sheet to this application and reference the question being answered. The application must be accompanied by:

1. Copy of the deed showing current ownership. 2. Copies of leases or agreements affecting the premises. 3. Notarized zoning application & corporate sealed for companies.

4. Eight copies of the plan of real estate affected showing the location and dimension of improvements now erected and proposed, parking sa.ces, all dimensional requirements of the zoning ordinance, the building envelope, rights of way and easements. The planllmust be prepared and sealed by a Registered Land Surveyor unless this requirement is

NI waived by the Director of Code Enforcement.

applic/09/28/04 Page 2 of 2

before me, this tcf Z-11- day

of 6Mo 'g4 , 20 / g

27

Describe the present use of the property and the existing improvements:

The deed to the property is attached hereto as Exhibit "A". A sketch plan of the property is attached hereto as Exhibit "B". The property is presently used for agricultural purposes and associated farming and agricultural operations, with the majority of the property undeveloped and used as a nursery. A residence and access to the property is located along Dillon Road. The access then leads to area utilized as a nursery and for animal and gardening purposes. The property also includes a number of farm related structures for storage, animal shelter, and other agricultural purposes. Sufficient parking is provided throughout the property. The area where the horse and goat yoga activities are held is heavily buffered by surrounding vegetation and agricultural operations located in the rear, middle of the property. The parking and horse and goat yoga areas cannot be seen from Dillon Road.

I believe the Zoning Hearing Board should approve this request because:

1) Zoning Officer's Determination Under Township Zoning Ordinance:

The Zoning Hearing Board should reverse the decision of the Township Zoning Officer as set forth in his September 5, 2018 letter attached hereto as Exhibit "C". The Zoning Officer's interpretation of the Township Zoning Code was incorrect when the principal use of the property as "a tree nursery," when the Zoning Code provides at §255-26.0 that a permitted, principal use category for the A-Residential Zoning District is "Agriculture." The Zoning Code defines the principal use of "Agriculture" as "the cultivating of the soil, including, but not by way of limitation, nursery, horticulture and forestry, and animal husbandry." As such, the principal, permitted use of "Agriculture" provides for multiple permitted uses, including a "nursery" and "animal husbandry." Additionally, §255-26.0 further permits, in part, the keeping and management of livestock on the property in such quantities and to the extent that are customarily incidental to the principal use, provided that the principal use is conducted on acreage of five or more acres. Section 255-26.0 specifies that such uses are "uses accessory to Agriculture," further evidencing that Agriculture is the proper use classification. The Applicant's Agricultural use encompasses the entire 6.3 acre property, and is therefore in excess of five acres.

The Applicant's permitted Agriculture use of the property as a nursery and for equestrian purposes are not in dispute, and therefore will not be addressed. See Exhibit "C". Rather, the Zoning Officer determined that the limited use of the property for goat yoga sessions appeared to be "more of a commercial use than agricultural or animal husbandry use." The term "animal husbandry" is not defined in the Township Zoning Code. As such, Section 603.1 of the Pennsylvania Municipalities Planning Code mandates that, "in interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction." In this regard, the term "animal husbandry" has been commonly defined as, "a branch of agriculture concerned with the production and care of domestic animals" (Merriam-Webster); "the science of breeding, rearing, and caring for farm animals" (Collins English); and "a branch of agriculture concerned with the domestication of, care for and breeding of animals such as dogs, cattle, horses, sheep, goats, pigs and other like

{02350812;v1 }

28

creatures" (Ancient History Encyclopedia). For such reasons, the Applicant's activity of goat yoga is an animal husbandry use because such activity deals with the care, rearing, and domestication of goats.

Goat yoga is a new, creative manner of domesticating and caring for goats, and is therefore a form of animal husbandry. As the goats learn how to interact with humans and the yoga poses provide platforms for the goats to jump on and balance, providing additional care and domestication. The goats that the Applicant domesticates through this process are rescue goats that are available for adoption once properly domesticated, and therefore the activity assists with raising the goats. Additionally, the participants are able to feed the goats, providing further care services to the goats. The number of goats kept and managed on the property are in such quantities and to the extent that are customarily incidental to the principal use of Agriculture (i.e. the animal husbandry of the goats). There are dozens of places where a person may go to do yoga in the Township, but people attend the goat yoga sessions to assist with the domestication of the goats. Because the definition of "Agriculture" encompasses both nurseries and animal husbandry, the limited times such goat yoga is offered on the property, compared to the nursery use, has no impact on whether such use is a permitted Agriculture use. Moreover, the Zoning Officer classified "Sunflower Yoga" as a non-agricultural use. However, this activity is simply the horse and goat yoga sessions followed by sunflower harvesting. For the reasons set forth above, both phases of this activity are agricultural uses.

In conclusion, because the Township Zoning Code defines "Agriculture" as a use that includes both nurseries and animal husbandry, such nursery and animal husbandry activities are not competing primary uses on the property but rather are both considered the permitted, primary Agriculture use. The accessory use of keeping and managing the goats and on the property is permitted, incidental uses to the Agriculture use. As "animal husbandry" is not defined in the Zoning Code, the Zoning Hearing Board must interpret this Willi in favor of the Applicant and against any implied restriction. A common definition of "animal husbandry" encompasses the act of caring, rearing, and domesticating animals such as goats. In this instance, goat yoga assists with the caring, rearing, and domesticating of goats, and is therefore a permitted Agriculture use. As such, the interpretation of the Zoning Officer should be overruled, and the Board should deem that the activity of goat yoga is a permitted Agriculture use.

2) Zoning Officer's Determination Under Commonwealth Law:

The Township Zoning Officer's determination violates the Commonwealth's Agriculture, Communities, and Rural Enforcement ("ACRE") law, 3 Pa.C.S. §§311-318, and, as such, must be reversed. Generally, this law prohibits the local governmental body from enacting or enforcing any laws that prohibit or limit a normal agricultural operation. A "normal agricultural operation" is defined under 3. Pa.C.S. §952 of the Pennsylvania Right to Farm Law", in part, as the "activities, practices, equipment, and procures that farmers adopt, use or engage in... the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicutrual and aquaculture crops and commodities and is less than ten contiguous acres in area but has an anticipated yearly gross income of at least $10,000 (Applicant qualifies). The terms includes new activities, practices, equipment and procedures consistent with technological development within the agricultural industry."

{02350812;v1 }

29

The Applicant's use of goat yoga is covered under the ACRE law as a new activity or procedure that assists with the agricultural uses on the property. Such agricultural use of goat yoga benefits the animals directly, as set forth above, and benefits the entire agricultural operation by facilitating agritourism and diversifying agricultural income for the property. Agritourism activities have been recognized throughout the Commonwealth as permitted agricultural uses including, but not limited to, permitted farm-related uses under Act 319. The Applicant hereby reserves all rights to pursue all available remedies and damages set forth under the ACRE law, 3 Pa.C.S. §§311-318.

Alternative Request for Variance:

In the alternative, the Applicant requests a variance to permit the activity of goat yoga on the property, subject to certain, reasonable limitations on this activity. Due to the desired preservation of the property, there are unique physical circumstances and conditions associated with the property that encourage the low-impact, agricultural uses desired. The alternative, permitted uses for the property would involved either extensive development of the property for a significant number of new residential houses, resulting in increased density and traffic in the area, or more intense, impactful agricultural uses of the property that would result in more of a disturbance to neighboring residential properties, but would still be permitted under Pennsylvania's Right to Farm Act, 3 Pa.C.S.A §§ 951-957. Due to the unique size and present preserved use of the property, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance without resulting in undesired residential density or intense agricultural activities. As such, authorization of a variance is therefore necessary to enable reasonable use of the property in its current form. This unnecessary hardship has not been created by the Applicant, but rather the Applicant has purchased the property in its current, underdeveloped form. The Applicant would like to continue to preserve the property in its current form.

The requested alternative request for a variance, if authorized, will not alter the essential character of the neighborhood in which the property is located nor, will such use substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare. The proposed activity of goat yoga is similar to the surrounding, neighboring uses/activities around/along Dillon Road including the Maple Manor Swimming Club, Temple Sinai, The Philadelphia Korean Methodist Church, Mondauk Commons Park, and Brandywine Living at Dresher Estates. The Applicant proposes to limit the times, days, and participants of the goat yoga activity, and such activity is by appointment/reservation only. However, in contrast with the Applicant's proposed limited activity, these other properties have uses which involve significantly more traffic, parking, programming, commercial-like uses, and participants on a regular, sustained basis. Additionally, the goat yoga activity is heavily buffered from the adjoining properties, cannot be readily observed from any public roadways, and contains sufficient on-site parking, restroom, and sanitation facilities. The activity of goat yoga, as presented, conditioned, and scheduled on the property, represents the least modification possible of the regulation in issue. Any alternative, permitted, by-right agricultural and/or residential uses for the property, which may need to be pursued if relief is not granted, would result in greater impairment and detriment to the adjoining properties. As such, the requested variance to permit the activity of goat yoga on the property should be approved.

02350812;v1 1

30

801 LOCH ALSH AVENUE FORT WASHINGTON, PA 190344697

Phone: (215) 643-1600 Fax: (215) 542-0797

www.upperdublin.net



REBECCA A. GUSHUE

LIZ FERRY

ROBERT H. MCGUCKIN

GARY V. SCARPELLO



-GILBERT P. HIGH, JR. Solicitor

Dear Mr. Walko:

Thank you for your letter of July 20, 2018 addressed to David Brooman, Township Solicitor, and for meeting with Township staff last month concerning the uses being conducted by Mr. Taboga on his property at 1537 Dillon Road.

As you state in your letter, the property is 6.3 acres in size and is zoned A — Residential. We agree that agricultural uses are permitted, which includes the primary use as a wholesale tree nursery. Because the property is greater than 5 acres, the Township Zoning Code, Section 255-26.C, permits the "keeping, breeding and management of livestock and poultry, but in such quantities and to such extent as are customarily incidental to the principal use." (Emphasis supplied).

When Mr. Taboga acquired 1537 Dillon Road last year, he discussed with me what uses may be permitted, in particular the boarding of horses and offering riding lessons to the public. He stated that the former plant nursery would be maintained. The Township finds all of these activities compliant with our codes. Additionally, the Township considers the Horse Yoga offered by Mr. Taboga as customarily incidental to riding lessons, a permitted accessory use. As you explain in your letter, "the rider is focusing more on balancing upon the horse while riding than holding onto the horse while riding."

September 5, 2018 Via e-mail and first class mail

Mr. John F. Walko, Esq. Hamburg, Rubin, Mullin, Maxwell & Lupin, PC ACTS Center — Blue Bell 375 Morris Road P.O. Box 1479 Lansdale, PA 19446-0773

Re: Cease and Desist Commercial Property Use, Sunflower Yoga and Goat Yoga, at 1537 Dillon Road, Upper Dublin Township

31

The relatively new and popular phenomenon of Goat Yoga appears to the Township to be more of a commercial use than an agricultural or animal husbandry use. The fact that the yoga sessions benefit the goats is secondary to the fact that Mr. Taboga is operating a yoga studio at his property, which is a commercial activity not permitted in the A — Residential zone without a use variance from the Zoning Hearing Board.

We also note from Mr. Taboga's website that "Sunflower Yoga" lessons are being offered. This does not constitute an agricultural use and is not permitted.

You state that the sessions are being offered to a maximum of 24 participants at a time, with one session per day scheduled for Friday, Saturday, and Sunday. We do not find these uses "incidental" to the principal use of the property — a tree nursery.

For these reasons, the Township finds the Sunflower Yoga and Goat Yoga sessions to be noncompliant with the Township Zoning Code, and directs that the sessions be discontinued within 45 days from the date of this letter. Mr. Taboga also has the option to appeal this decision to the Zoning Hearing Board within 30 days, or request a use variance from the Zoning Hearing Board.

Sincerely, "O. / Richard D. Barton Community Planner & Zoning Officer 215-643-1600, ext. 3213

C: Paul Leonard David Brooman, Esq.

2

32

PENNSYLVANIA DEPARTMENT OF STATE BUREAU OF CORPORATIONS AND CHARITABLE ORGANIZATIONS

Docketing Statement - New Entity DSCB: 15-134A

(rev. 7/2015)

MIN 11111111111111111 1 34A

1. Entity Name:

Fox Hunt Farm LLC

hi the case of a foreign association which must use an alternate name to register to do business in Pennsylvania,the alternate name should be given.

2. Tax Responsible Party

Name of individual responsible for initial tax Lars P Taboga reports :

1006 , Belvior Rd, Plymouth Meeting ,Montgomery , PA , United States , 19462

Number and Street City State Zip County

3. Description of Business Activity:

Farm

4. FEIN [Employer Identification Number/Federal Tax Identification Number]:

FEIN enables agencies to confirm that Commonwealth accounts are properly matched and that this request is processed without added delay. If the business entity does not currently have an FEIN, it can get a FEIN immediately by applying online at irs.gov at the following page http://www.irs_goviBusinesses/Small-Businesses-&-Setf-Employetamployer-ID-Numbers-EINs.

33

au310

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DEED

RECORDED INSTRUMENT

BK 6046

3475559

# DATE:

:

MONTGOMERY

PG

0021Y

2017038480 05/31/2017

01316 to

COUNTY

01322

09:38:01 AM

ROD

,

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RECORDER OF DEEDS MONTGOMERY COUNTY Jeanne Sorg

One Montgomery Plaza Swede and Airy Streets - Suite 303 P.O. Box 311 - Norristown, PA 19404 Office: (610) 278-3289 - Fax: (610) 278-3869

OFFICIAL RECORDING COVER PAGE Page 1 of 7 Document Type: Deed Transaction #: 3570335 - 4 Doc(s) Document Date: 05/19/2017 Document Page Count: 6 Reference Info: Operator Id: sford RETURN TO: (Simplifile) PAID BY: Germantown Title Company GERMANTOWN TITLE COMPANY 502 West Germantown Pike, Suite 200 East Norriton, PA 19403 (610) 631-1540 * PROPERTY DATA: Parcel ID #: 54-00-04714-00-2 Address: 1537 DILLON RD

MAPLE GLEN PA ' 19002

Municipality: Upper Dublin Township (100%) School District: Upper Dublin * ASSOCIATED DOCUMENT(S):

CONSIDERATION/SECURED AMT: $450,000.00 . DEED BK 6046 PG 01316 to 01322 TAXABLE AMOUNT: $450,000.00 Recorded Date: 05/31/2017 09:38:01 AM FEES / TAXES: Recording Fee:Deed $95.00 I hereby CERTIFY that this document is Additional Pages Fee $4.00 recorded in the Recorder of Deeds Office in Affordable Housing Pages $8.00 Montgomery County, Pennsylvania, State RU $4,500.00 Upper Dublin Township RU $2,250.00 Om%

taiV: ON Upper Dublin School District RU $2,250.00

Total: $9,107,00 lef.-

!7....... 1,t :-..,. . . • t „*.ev-i,z F., g.

7- Z •.', -.I. .

Jeanne Sorg Recorder of Deeds

Rev1 2016-01-29

PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT NOTE: If document data differs from cover sheet, document data always supersedes.

*COVER PAGE DOES NOT INCLUDE ALL DATA, PLEASE SEE INDEX AND DOCUMENT FOR ANY ADDITIONAL INFORMATION

3475559-0021Y

34

05/31/2017 09:38:01 AM DEED BK 6046 PG 01317 MONTCO

Prepared By: Germantown Title Company 502 W. Germantown Pike, Suite 200 East Norriton, PA 19403 File No.: GEN-30501-S

Return To: Germantown Title Company 502 W. Germantown Pike, Suite 200 East Norriton, PA 19403

MONTGOMERY COUNTY COMMISSIONERS REGISTRY 54-00-04714-00-2 UPPER DUBLIN TOWNSHIP 1537 DILLON RD MENDELSOHN SCOTT & ASKOIN IRVING & DELEO SE.51-61:10 B008 L U011 426205/30/2017 JG

Parcel No.: 54-00-04714-00-2 Address: 1537 Dillon Road

Township of Upper Dublin Consideration: $450,000.00

SPECIAL WARRANTY DEED

THIS INDENTURE Made this iq day of /1 ,C36/-7 between Seth Q. Deleo and Scott Mendelsohn and Irving Askow, ereinafter referred to as "Grantors"), and Fox Hunt Farm LLC, (hereinafter referred to as "Grantee").

WITNESSETH: That the said Grantors in consideration of Four Hundred Fifty Thousand And No/100 Dollars ($450,000.00) to them now paid by the said Grantee, at or before the sealing or delivering hereof, the receipt and sufficiency of which are hereby acknowledged, do grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said Grantee, their heirs, successors and assigns

ALL the following three tracts of real estate lying and being situate in Upper Dublin Township, Montgomery County Pennsylvania, more fully bounded and described as follows, to wit:

Tract No. 1

A. All that certain piece or parcel of ground described according to a certain Plan of Property made for Mr. Ernest F. Gunn by George B. Mebus, Registered Professional Engineer, dated February 13, 1953 and revised November 6, 1953, as follows, to wit:

Beginning at a point in the center line of Dillon Road (formerly known as Jarrett Road) (33 feet wide) a corner of Parcel No. 2 on said plan, said point being at the distance of750.99 feet measured North 42k 01' East along the center line of Dillon Road from its point of intersection with the extended Northeasterly side of Limekiln Turnpike (50 feet wide); thence extending from said point of beginning North 42K 01' East along the center line of Dillon Road 20 feet to a stone, a corner of Parcel No. 4 on said plan; thence extending South 47k 59' East long Parcel No. 4 crossing the Southeasterly side of Dillon Road 1,150.02 feet to a stone; thence extending South 41A°49' West 20 feet to a point; a corner of Parcel No. 2 aforesaid; thence extending North 47k 59' West along Parcel No. 2 recrossing the Southeasterly side of Dillon Road 1,150.02 feet to the first mentioned point and place of beginning.

B. All that certain piece or parcel of ground described according to a certain Plan of Property made for Mr. Ernest F. Gunn by George B. Mebus, Registered Professional Engineer, dated February 13, 1953 and revised November 6, 1952, as follows, to wit: Beginning at a point in the center line of Dillon Road (formerly known as Jarrett Road) (33 feet wide) a corner of Parcel No. 2 on said plan, said point being at

35


the distance of 750.99 feet measured North 42k 01' East along the center line of Dillon Road from its point of intersection with the extended Northeasterly side of Limekiln Turnpike (50 feet wide); thence extending from said point of beginning North 42A° 01 East along the center line of Dillon Road 20 feet to a stone, a corner of Parcel No. 4 on said Plan; thence extending South 47A° 59' East along Parcel No. 4, crossing the Southeasterly side of Dillon Road 1,150.02 feet to a stone; thence extending South 41A° 49' West 20 feet to a point, a corner of Parcel No. 2 aforesaid; thence extending North 47A° 59' West along Parcel No. 2 recrossing the Southeasterly side of Dillon Road 1,150.02 feet to the first mentioned point and place beginning.

Tract No. 2

All that certain lot or piece of ground, bounded and described according to a survey and plan thereof made July 24, 1923, by Weir and Thieme, Civil Engineers, as follows, to wit:

Beginning at a point in the middle of a public road called Dillon Road f/k/a Jarrett Road (33 feet wide) leading from the Limekiln Turnpike to the Welsh Road, at the distance of 561.65 feet Northeastwardly from the intersection of the middle line of said Dillon Road f/k/a Jarrett Road and the Easterly side of the Limekiln Turnpike (50 feet wide); thence extending along the middle of Dillon Road f/k/a Jarrett Road North 42A° 01' East, 189.34 feet to a point; thence extending South 47A°59' East 1,150.02 feet to a point; thence extending South 41A° 49' West 189.34 feet to a point; thence extending North 47A° 59' West 1,150.66 feet to a point in the said middle line of Dillon Road f/k/a Jarrett Road and the place of beginning.

Tract No. 3

Beginning at a point on the Southwesterly line of land now or formerly of John E. and Anna M. Bottke, said point being at the distance of 484 feet measured along said line South 47A° 59' East from a point on the center line of Dillon Road (formerly Jarrett Road) (33 feet wide), said last mentioned point being at the distance of 770.99 feet measured along the center line of Dillon Road 42k 01' East from a point of intersection which the center line of Dillon Road makes with the Northeasterly side of Limekiln Turnpike (50 feet wide); thence from the place of beginning and crossing land now or formerly of John E. and Anna M. Bottke, of which this is a part, North 42A° 01' East 90 feet to a point; thence along the Northeasterly line of land now or formerly of John E. and Anna M. Bottke South 47A0 59' East 665.69 feet to a point; thence along the Southeasterly line of land now or formerly of John E. and Anna M. Bottke, South 41A° 49' West 90 feet to a point; thence along the Southwesterly line of land now or formerly of John E. and Anna M. Bottke, North 47A° 59' West 666.02 feet to a point, the place of beginning.

BEING the same premises that Francis A. Mitsch and Mary E. Mitsch, his wife, as tenants by the entireties, by deed dated December 30, 1996 and recorded January 24, 1997 in the Office of the Recorder of Deeds of Montgomery County, PA, in Deed Book 5175, page 653, granted and conveyed unto Franics A. Mitsch and Mary E. Mitsch, his wife, as tenants in common, in fee.

The said Francis A. Mitsch, departed this life on July 21, 2007 whereas Letters of Testamentary for Francis A. Mitsch were duly granted on July 7, 2008, unto Gregory F. Mitsch, by the Register of Wills of Montgomery County, PA.

36


And the said Mary E. Mitsch departed this life on July 4.2009 and Gregory G. Mitsch was appointed as the Executor of her Estate. In accordance with the terms of the respective Wills the assets of the Mitsch Realty Trust were to be passed to the Joseph D. Mitsch Trust and upon his death to Gregory G. Mitsch and Olivia M. Mitsch. Gregory G. Mitsch is executing the Deed in his individual capacity as well as Trustee for Olivia M. Mitsch.

BEING the same premises that Tax Claim Bureau of the County of Montgomery, Pennsylvania, as Trustee/Grantor, by deed dated September 17, 2015 and recorded December 8, 2015 in the Office of the Recorder of Deeds of Montgomery County, PA, in Deed Book 5981 page 770, granted and conveyed unto Scott Mendelsohn, Irving Askow and Seth Q. Deleo , in fee.

UNDER AND SUBJECT TO, nevertheless, all conveyances, exceptions, restrictions and conditions, which are contained in prior deeds or other instruments of record in Montgomery County, Pennsylvania, all visible easements; municipal zoning ordinances; building codes; laws, ordinances or governmental regulations relating to sewage disposal; and all laws, ordinances and regulations relating to subdivisions.

HAZARDOUS WASTE PROVISION: The Grantors herein certify that the land hereby conveyed have, to their knowledge, never been used for hazardous waste disposal as the term is used in Solid Waste Management Act No. 97 of 1980. This notice is given pursuant to requirements of Section No. 405 of said Act. (35 P.S. 6018-101, et seq.)

THIS DOCUMENT MAY (DOES) NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE (HAVE) THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INTRUMENT. [This statement inserted pursuant to Act No. 431 of the Commonwealth of Pennsylvania of 1957 P.L. 984. The foregoing statement in and of itself shall not be construed to be an exception or reservation of the coal under the within described premises.]

TOGETHER with all and singular, the said property, improvements, ways, streets, passages, waters, watercourses, rights, liberties, privileges, hereditaments, interests and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, property, claim and demand whatsoever of the said Grantors, in law, equity or otherwise howsoever, of, in and to the same and every part thereof, with appurtenances;

TO HAVE AND TO HOLD the said messuages or tenement and tract of land, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, their heirs and assigns, to and for the only proper use and behoof of the Grantee, their heirs and assigns forever.

37


And the said Grantors, for their heirs, successors, executors, administrators and assigns covenant, grant and agree to and with the said Grantee, their heirs, successors and assigns, that the said Grantors, have not done, committed, or knowingly or willingly suffered to be done or committed, any act, matter, or thing whatsoever whereby the Premises hereby granted or any party thereof, is, are, shall, or may be impeached, charged, or encumbered, in title, charge, estate or otherwise howsoever and the Grantors shall and will SPECIALLY WARRANT and defend the Premises hereby conveyed.

38

Seth Q. Deleo

!lc

My Commission Expires:

(SEAL)


IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written.

Scott Mende sohn

STATE OF Pennsylvania

County OF Montgomery Dana Santangelo Barth-Wagner

, a Notary Public for the County of and State of Pennsylvania, do hereby certify that Seth Q. Deleo and Scott Mendelsohn personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this theQ23 of May, 2017.

Attest:

COMMONWEALTH COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL

Dana Santangelo Barth-Wagner, Notary Public East Norriton Twp„ Montgomery County My Commission Expires April 9, 2021

MEMBER, PENNSYLVANIAASSOCIATION OF NOTARIES

STATE OF Pennsylvania CRunty OF 1ontgomery

lteca2 Notary Public for the County of and State of Pennsylvania, do hereby certify that Irving Mkow personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this the of May, 2017.

8maziLe_a_ Notary Pu


(SEAL) COMMONWEALTH OF PENNSYLVANIA

NOTARIAL SEAL SHELLEY R. BORZELLECA, Notary Public

Lower Providence Twp., Montgomery County My Commission Expires September 24, 2019

39


Certificate of Residence Dana Santangelo Barth-Wagner

, do hereby certify that the precise residence and the complete post office address of the within named grantee is:

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LARS TABOGA 1537 DILLON RD

MAPLE GLEN, PA 19002

41

Payment Receipt Date Receipt No.

10/4/2018 PR-25633


Received From:

Hamburg,Rubin,Mullin,Maxwell & Lupin 375 Morris Road P.O. Box 1479 Lansdale, PA. 19446-0773

Check 1537 Dillon Road

Description Qty

Zoning Hearing Board Fees

109340

Item

01-361-3300

Check No. Payment Method Property Location

Rate Amount

1,500.00 1,500.00



Geri Bauer, (215) 643-1600 ext. 3205 TOTAL AMOUNT PAID $1,500.00 42

Agenda Item No:

Zoning Hearing Board Agenda Item ReportMeeting Date: November 26, 2018Submitted by: Jesse ConteSubmitting Department: Administration Item Type: DiscussionAgenda Section: #2285: Pamela and Kevin Brennan of 510 Orlando Avenue, Oreland, PA 19075

Subject:Request a variance from Zoning Code Section 255-43.B to increase the total impervious coverage of their lotfrom 28 percent (nonconforming) to 33 percent. The Applicants propose to construct a 400 sq.ft. patio at therear of their home. The property is zoned A – Residential.

Suggested Action:



#2285ZHBDecision.pdf

#2285Deed.pdf

#2285ImpCov.pdf

#2285Plan.pdf

#2285Receipt.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263514/_2285ZHBDecision.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/263510/_2285ImpCov.pdf







Notice is hereby given that the Zoning Hearing Board of Upper Dublin Township will hold a meeting as required by the Township's Zoning Ordinance at the Township Administration Building, 801 Loch Alsh Avenue, Fort Washington, Pennsylvania on Monday November 26, 2018 at 7:30 PM. During this meeting an application concerning 510 Orlando Avenue, Oreland, PA 19075 will be heard.

#2285: Pamela and Kevin Brennan of 510 Orlando Avenue, Ore/and, PA 19075 request a variance from Zoning Code Section 255-43.B to increase the total impervious coverage of their lot from 28 percent (nonconforming) to 33 percent. The Applicants propose to construct a 400 sq.ft. patio at the rear of their home. The property is zoned A — Residential.




/Za 4d /4C_ Richard D. Barton Zoning Officer






REBECCA A. GUSHUE

LIZ FERRY

ROBERT H. MCGUCKIN

GARY V. SCARPELLO




44

Date Received: \ A Fee Paid:

1st Ad //-77.-/ /2nd Ad Date of Hearing:

UPPER DUBLIN TOWNSHIP ZONING HEARING BOARD APPLICATION #22

Applicatio is hereby made to the Zoning Hearing Board for a determination in connection with the following facts:

Name of Applicant: tvr I 4 tv Y -s. 41 • I, II Ea' I I IV' I 1.11 ame of Owner: PA lilt IA 4-- keitAn rem/mail

Address: 510 Of ittNidt Ave. Address:

City, State and Zip: WI tiAl A j 1), . 1 ' Phone Number:(215) 20(e "ZSc . )-.

in4m§ i 4 / A Arn.,,,,,,,,A

a igriS City, State and Zip: Ord aid) PA 1 105 Phone Number: 12-15 ) 2(gp 7S6,a

0 000}410

Name of Attorney: q \c\ Address: City: State: ZIP

Applicant and Owner request that a determination be made by the Zoning Hearing Board on this Appeal from the Decision of the Code Enforcement Department in which we were:

0 Refused a building Peimit 0 Ordered to Cease a current use El Given conditional approval of a subdivision plan El Other (specify)

This appeal seeks: 0 An interpretation of the ordinance or map 1:1 A special exception under Article , Section , Subsection , Paragraph

cZ1 A Variance relating to the 0 Use, D Area, 0 Frontage, lEf Yard, 0 Height, 0 Parking,

Other (specify) IA) 0 2 'NI' 0 05 The applicable provisions of the Zoning brdinance are as follows:

Chapter -i...1:)C Section 0 7) ..,/ Subsection 6 Paragraph





Street Number: Street Name: CY couto Avc Deed Book: cVLI Page 0 (1‘ 2 5 Block Number: Unit Number: 2..5 Parcel Number:

Zoning District: ,P1 Served by Public Sewe( .), i) TA Served by Public Water 9/n) ,..) S i K

S ' 14/ (am Iv! d v4

J i

C.)t, WIN \ [knA A \ \sk k'N

Has any previous petition been filed with the Zoning Board in connection with these premises?

If yes, please describe "k-s.Y,', \ V \ kv.,;\•,,e

Is this property a part of a subdivisi heretofor approved by the Township? 0 Yes I:a No


Attorney Phone Number:

Lot Size: 1 2-50 Lot Dimensions: S' 1 50' Street Frontage:

r:\4,1 \ \Q Describe the prop sed use of the property and the proposed improvements:

If Yes No

Describe the present use of the property and the existing improvements:

n (-\A

45

atif WW1 before me, this

of aro6-ei day

Property owner(s) must join in the above application.


before me, this

of &T--06er ivy

day

,20

Applicant

Commonwealth of Pennsylva igw,,o a ry ea Jennifer M. Fornara, Notary Public

Montgomery County My commission expires March 18, 2019

Commission number 1052227

Commonwealth of Pennsylvania - Notary Seal Jennifer M. Fornara, Notary Public

Montgomery County My commission expires March 18,2019

Commission number 1052227 Member. Pennsylvania Ass ion of Notaries

I/We believe that the Zoning Board should approve this request because:

tA lip o (A7) d )0-i 0 v) 1 (1 c 0 7-a.J2 ("CY

[1,1_ 1 )u) ciao( ,

BEING DULY SWORN ACCORDING TO LAW, DEPOSE(S)

AND SAY(S) THAT THE FACTS SET FORTH IN THE FOREGOING APP TION ARE Ti ND CORRECT.

Sworn and subscribed to A nt

Notary Public Member, Pennsylvania Association of Notaries

This. application must be filled out and signed by the owner and if different the applicant and filed with the Zoning officer along with the appropriate fee. If more space is required, attach a separate sheet to this application and reference the question being answered. The application must be accompanied by:

1. Copy of the deed showing current ownership. 2. Copies of leases or agreements affecting the premises. 3. Notarized zoning application & corporate sealed for companies.

4. Eight copies of the plan of real estate affected showing the location and dimension of improvements now erectedpnd proposed, parking spaces, all dimensional requirements of the zoning ordinance, the building envelope, rights of w and easements. The planil must be prepared and sealed by a Registered Land Surveyor unless this requirement is

waived by the Director of Code Enforcement.

applic/09/28/04 Page 2 of 2


COUNTY OF MONN9MERY

kvjr YaQk

46

ZONING BEARING BOARD OF UPPER DUBLIN TOWNSHIP

APPLICATION OF PAMELA BRENNAN AND NO. 2145 KEVIN BRENNAN 510 ORLANDO AVENUE ORELAND, PA 19075

I. FINDINGS OF FACT.

1. Applicants, Pamela Brennan and Kevin Brennan, are the owners of premises at 510

Orlando Avenue, Upper Dublin Township (the "Premises").

2. The Premises consist of a lot with an area of 11,250 square feet with a width of 75

feet and a depth of 150 feet. It is improved with a single family dwelling with a detached

garage.

3. The Premises are zoned A-Residential District and are non-conforming with respect

to lot area, and the side-yard setbacks. The existing dwelling has setbacks of approximately 20

feet on one side and 23 feet on the other, instead of the required 25 feet on each side. The garage

has a side-yard of 9.83 feet and is nonconforming as being too close to the dwelling.

4. The total area of the existing house and garage is 1,114 square feet.

5. The Applicants propose to remove the existing garage and construct an addition with

an area of 822 square feet for a net increase of 616 square feet, consisting a new one car garage,

"mudroom" and kitchen on the first floor and a new bedroom and study on the second floor.

6. The proposed addition will result in a building area of 15.4% instead of the required

15% and a total impervious coverage of 28% instead of the required 25%

7. The dwelling with the proposed additions will not be out of character for the

neighborhood. 47

II. DISCUSSION

For the relief requested, the Applicants require a special exception under Section 255-

147 to expand a non-conforming building, variances from Sections 255-43.B as to a side-yard

setback, and a variance from Section 255-147 to permit an expansion in excess of 25% of the

nonconforming building The existing dwelling is already located within the required side-

yard setback of 25 feet, with the existing garage being about ten feet from the property line. In

effect, the proposed addition will "move" the garage forward and attach it to the dwelling not

markedly increasing the non-conformity. In addition, the proposed addition will exceed the

permitted building area by a small amount and will increase impervious surface coverage from

23% to 28%, instead of the required 25%.

That this addition requires a special exception and four dimensional variances is the result

of the fact that this lot, as with others in Oreland that pre-date the Zoning Ordinance, was

established with an area of 11,250 square feet instead of the 26,000 square feet required by its

A-Residential zoning classification.

A lesser degree of hardship is required to permit a dimensional variance than for a use

variance. Hetzberg v. Zoning Hearing Board of Adjustment of the City of Pittsburgh, 554 Pa 249

(1998). Under Hertzberg, there is a "... more relaxed standard for establishing unnecessary

hardship for a dimensional variance, as opposed to a use variance." Mitchell v. Zoning Hearing

Board, 838 A.2d 819, 828 (Pa. CmwIth., 2003). In addition, a variance may be granted under the

de minimis standard where the requested variance is minor and strict compliance is not needed to

protect the public interest. Lench v. Zoning Hearing Board of Adjustment of the City of Pittsburgh,

13 A.d 576 (2011). Here the requirements of the A-residential District under the Zoning

Ordinance requires a special exception and four variances to permit updating what was a relatively 48

small house when it was constructed in the 1920s into what will be a comfortable, if still modest

home in 21st Century Upper Dublin, boasting such innovations as a first floor powder room and

adequate kitchen. The proposed home will not out of character with the neighborhood. The

increase in total building area and impervious coverage are de minimis. Under the circumstances

in this case, the Board believes that the Applicants have met the burden of proof for the special

exception and dimensional variances requested.

3

49

ORDER

This 23rd day of February, 2015, upon consideration of the application of Pamela Brennan

and Kevin Brennan, owners of premises at 510 Orlando Avenue, Upper Dublin Township, at a

duly advertised meeting of the Zoning Hearing Board of Upper Dublin Township, the following

are granted: (F) a special exception under Section 255-147.A is granted to permit the expansion of

a dimensionally nonconforming dwelling by the proposed addition; (2) a variance from Section

255-43.B to permit the proposed addition within the required side-yard set-back; (3) a variance

from Section 255-43.B to permit a building area of 15.4%; (4) a variance from Section 255-43.B

to permit an impervious coverage ratio of 28%; and (5) a variance from Section 255-147.B to

permit an expansion in excess of 25% of the existing area.

This relief is subject to the condition that all material representations made at the hearing

to induce the grant of the relief requested are deemed to be conditions of the grant of such relief.

This Order will expire, in accordance with the tellus of the Zoning Ordinance, 12 months

after the date hereof, unless acted upon by the applicants or extended upon application to the

Zoning Hearing Board prior to such expiration.

/s/Leonard Karp

/s/ Elaine Lucas

/s/ George Dempster

/s/ Phyllis Engart

/s/ Asher Stutman

Mail Date: March 4, 2015

4

50

011317i

COMMONWEALTH LAND TITLE INSURANCE COMPANY

_c) T#D301920JP

his Indenture Made this 31st day of May, 2001.

Between PHILIP J. RYAN and SUSAN W. RYAN, husband and wife

(hereinafter called the Grantors)

AND

KEVIN BRENNAN and PAMELA S. BRENNAN, husband and wife

(hereinafter called the Grantees),

Witnesseth That the said Grantors for and in consideration of the sum of Two Hundred Nineteen Thousand Nine Hundred ($219,900.00) Dollars lawful money of the United States of America, unto them well and truly paid by the said Grantees and at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantees, their heirs and assigns, as tenants by the entirety

ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in the Northeasterly side of Orlando Avenue at the distance of 50 feet Southeastvvardly from the Southeasterly side of Rech Avenue (as the said Avenues have been laid out and opened by the Orlando Land and Improvement Company for public use forever) in the Township of Upper Dublin, County of Montgomery and State of Pennsylvania.

CONTAINING in front or breadth on the said side of Orlando Avenue 75 feet and extending of that breadth in length or depth Northeasterly between lines parallel with the said Rech Avenue 150 feet and known and marked on a certain plan of "Orlando Land and Improvement Company" as Lot No. 171 Wand part of Lot No. 173.

BEING NO. 510 Orlando Avenue.

Being Parcel Number 54-00-12856-005 REALTY TRANS TAX PAID.P

.STATE onfl LOCAL e

PER

nn.cflb, Pr, n Fl 7.

MONTGOMERY COUNTY COMMISSIONERS REGISTRY 54-00-12856-00-5 UPPER DUBLIN 510 ORLANDO AVE RYAN PHILIP J & SUSAN W B 055 U 025 L 171 1101 DATE: 06/05/01

51

Sealed and Delivered IN THE PRESENCE OF US

01- &—Philip J. Ryan

- Susan W. Ryan

(SEAL)

(SEAL)

BEING the same premises which R. Curtis Gaines and Therese Kennedy Gaines, his wife by Deed dated 9-17-1990 and recorded 10-10-1990 in Montgomery County in Deed Book 4960 Page 622 conveyed unto Philip J. Ryan and Susan W. Ryan, his wife, in fee.

UNDER AND SUBJECT to restrictions of record.

Together with all and singular the buildings improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantors, as well at law as in equity, of, in, and to the same.

To have and to hold the said lot(s) or piece(s) of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever, as tenants by the entirety.

UNDER AND SUBJECT as aforesaid.

And the said Grantors, for themselves, their heirs, executors, administrators do by these presents, covenant, grant and agree, to and with the said Grantees, their heirs, and assigns, that they the said Grantors, their heirs, all and singular the Hereditaments and premises herein above described and granted, or mentioned and intended so to be with the Appurtenances unto the said Grantees, their heirs and assigns, against them the said Grantors, their heirs and against all and every Person or Persons whomsoever lawfully claiming or to claim the same or any part thereof, by from, or under him, her, them or any of them shall and will SUBJECT as aforesaid WARRANT and forever DEFEND.

In Witness Whereof, the said Grantors have caused these presents to be duly executed dated the day and year first above written.

08 361060361

52

/- Notary Public

NOTARIAL SEAL JAMES B. KEANE, Notary Public City of Philadelphia, Phila. County

My Commission Expires Oct. 26, 2003

COMMONWEALTH OF PENNSYLVANIA )SS

COUNTY OF PHILADELPHIA

On this, the 31st day of May, A.D 2001, before me, a notary public the undersigned officer, personally appeared PHILIP J. RYAN and SUSAN J. RYAN, husband and wife known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

In Witness Whereof, I hereunto set my hand and official seal.


#011317

UPPER DUBLIN .TWP 2199.00 STATE STAMP 2199.00 TOTAL 4398.00 CHECK 2199.00 CHECK 2199.00 ITEM- 2

06-21-01 THU #1 CASH-11 1021 1041TM

00 3614PG0369

53

The address of the above named Grantee is: g/exxiivio 411Z,v2/40-

0,,QA-A/944 /fr

DEEP D301920JP

Grantors: PHILIP J. RYAN and SUSAN W. RYAN husband and wife

TO

Gra t es: KEVIN BRENNAN and PAMELA S. BRENNAN, husband and wife

• PREMISES 510 Orlando Avenue

• Upper Dublin Township Montgomery County Pennsylvania

364PG0370

54

UILDING L IMPERVIOUS COVE AGE FOwNi

Property Location: 0 r WA. C

Owner Name: 1)eX,A,A4 krie- vv_ezit-n,

Date:

Lot Size: \\5 Zoning District:

Part A - Building Coverage

EXISTING Length x Width - = Square Feet Notes! Removals! Reductions

House x = V\IIC) Garage x = at\os Shed , x Gazebo x —

x .

x =

NEW / ADDITIONS - SEE REQUIREMENTS ON PAGE 1 FOR STORMWATER MANAGEMENT: x = x = x =

% of Building Total - Part A: cv

ri \ \ ÷ Lot Size: \\ 4-

6\s =

Coverage: \ I \

Part B - Impervious Surface

EXISTING Length x Width = Square Feet Notes! Removals / Reductions

Driveway x = Walkways x = k VIT\ Patio ‘,-,:\ \-Nz, ,,:„: x = ‘Vb. Deck x =

Sports Court x = Pool (Water Surface) x ..

Pool (Decking) x = x .

x — NEW/ ADp1TIONS - SEE REQUIREMENTS ON PAGE 1 FOR STORMWATER MANAGEMENT:

X = fh -tZ

C'i\,' I • r cz' t's,..'"XX- X =

‘

' k• * X =

X =

% of Impervious , Total - Part B: \ %A ,_. Lot Size: \ \.,-._,3, =

Surface: ‘

% of Building Coverage from Part A Above:

% of Impervious Surface from Part

B Above:

TOTAL

IMPERVIOUS AREA

The above information has been completed to the best of my knowledge,

5S-e 6v- cc,ts )1\ Completed by (Printed Name) SignaTurE

Updated 10/15/2015

0 Date

Page 2

55

Upper Dublin Township - Code Enforcement Depai talent 801 Loch Alsh Avenue Fort Washington, PA 19034 Phone: (215) 643-1600 Fax: (215) 643-8843 www.upperdublin.net

Building & Impervious Coverage Form

-impervious surfaces (anything covered by impenetrable materials such as asphalt, concrete, brick, stone, rooftops, etc.) are an environmental concern because, with their construction, they eliminate rainwater infiltration and natural groundwater recharge. Therefore, in order to calculate the Total Impervious Area (TA) of your property, please use the infatuation below to complete the chart on Page 2.

FOR INFORMATION ON YOUR BUILDING COVERAGE: • PROPERTY SEARCH: Go to www.upperdublinmet > Departments > Code Enforcement > Montgomery

County Property Records (gray box on right side) > DETAILS > (this brings you to Montgomery County's website's Disclaimer page) > Agree

• At this point, you should be at the address search page. You can search for your property by Owner Name, Address, or Parcel Number.

• LOT SIZE- Once you are at your property location, under the Profile section, you can find your Lot Size a ACCESSORY STRUCTURES: Check for any accessory structures which may have been reported • PLOT PLAN: Under the Map section, you can print a copy of your Plot Plan • BUILDING COVERAGE: Under the Sketch section there is information regarding dimensions of your house

which can be added together. Garage information (FrGar) should be added under the "Garage" section. If information is provided for "CONCREIE PAI10" please include under Part B — Impervious Surface. PLEASE ADD OR ADJUST INFORMATION AS NECESSARY.

FOR INFORMATION ON YOUR ZOIVING DISTRICT: • Go to wvv-w.upperdublin.net > Township Infonnation > Maps > Street Maps > LIDT Map-Zoning

STORM WATER 111AIVAGEMEIVT REQUIREMENTS FOR NEW IMPERVIOUS SURFACES: • 400 sq. ft. to 699 sq. ft. of new impervious surface: seepage bed or rain garden required • 700 sq. ft. or greater of new impervious surface: seepage bed or rain garden required—designed, signed and

sealed by a licensed professional • Alternate systems will be considered—contact the Grading Inspector at 215-643-1600 x3236

Zoning District Building Coverage Impervious Coverage -,)(\ A Residential 15% 25% Al and A2 Residential • 15% 25% B Residential 20% 30% C Residential 20% 30% NH Residential 20% 35% MD Multi-Dwelling - 40% 1VIRD Mixed Residential - 35% OC Office Center 20%-40% 60% M Motel 20% 60% RE Recreation 9% 15% AHS Apartment House 15% 60% INST Tnstitational 20% 60% CR Commercial RetPil 25% 75% SC Shopping Center 15% 75% MED Mobile Home 35% 60% EC Employment Center *See Section 255-115B.(1) and (2)

Updated 10/8/15 Page 1 56

o

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;_-- 90 PVC CHED • 9-0 PVC - TYPICAL G 40 TEE (---) TYPICAL

... .

SCHEDLUE 40 WITH 1/4" DIAMETER HOLES DRILLED 6"0C 1% TOWARD RELIEF GRATE

CLASS #1 NON-WOVEN GEOTEXTILE FABRIC ALL SIDES, TOP & BOTTOM

AASHTO #1 STONE OR 4" BALLAST

CDcb CD

END CAP STANDARD CONSTRUCTION DETAIL #19

STAKEANflARFILTER FABRIC FENCE (18 HIGH)

JOINING FENCE SECTIONS

PROPOSED SEEPAGE PIT

LOCATION EK,i5-th% sldj I), 19'

4,

STORY DD TIO NEW

XISTING . PATIO

75.000'

LENGTH

--me maw -Avian-or ........-ausuisiiranc÷: 11E111 -01E111E.111E111E11 = - = =

=111=111E11 -

FILTER FABRIC FENCE

COMPACTED BACKFILL , GROUND

!! IE.: 1 i

=H llIERE I =MEM

EllIE111 . 1 =1 IllElilEl

FILTER FABRIC TO BE DUG-IN

6" MIN.

TOP VIEW

DOWNSPOUT SEEPAGE BED PLANS OPTION PIT SHALL BE A MINIMUM OF 12" BELOW GRADE

DOWNSPOUT SEEPAGE BED RUN OFF CAPTURE CALCULATION

NEW SITE IMPERVIOUS AREA - (a) X SF RUN OFF CAPTURE STORAGE REQUIRED (a X 2" OF RUNOFF)/12 = (b) Y CUBIC FT OF CAPTURE VOLUME SEEPAGE BED DESIGN - (b) Y CUBIC FEET OF CAPTURE VOLUME REQUIRED /0.4 (TOTAL VOLUME/VOIDS FOR AASHTO #1 STONE OR 4" BALLAST) = (c) Z CUBIC FEET SEEPAGE BED VOLUME

DOWNSPOUT SEEPAGE BED RUN OFF CAPTURE CALCULATION

NEW SITE IMPERVIOUS AREA = 800SF NEW ADDITION RUN OFF CAPTURE STORAGE REQUIRED (800X2)/12 = 134.00 CUBIC FT OF CAPTURE VOLUME SEEPAGE BED DESIGN - 134.00 CUBIC FEET OF CAPTURE VOLUME REQUIRED/0.4(TOTAL VOLUMENOIDS FOR AASHTO #1 STONE OR 4" BALLAST) = 333.0 CUBIC FEET SEEPAGE BED VOLUMEmmo

STONE STORAGE AREA REQUIRED = 333CF 8' WIDE X 10' LONG X 5' DEEP = 400 CUBIC FEET

RELIEF GRATE RELIEF THREADED CLEANOUT GRATE

V

STAPLES

SUPPORT STAKE

THREADED INFLOW & OVERFLOW CLEANOUT FINISH GRADE RELIEF GRATE

, I 0

c‘.1

9.833' EXISTING b

SINGLE FAMILY cp. DWELLING

32.00' 20.00'

1 18" STANDARD FILTER FABRIC FENCE DETAIL STAKES SPACED g 8' lkilAXIMUM USING 2"X2" WOOD OR EQUIVALENT STEEL STAKES.

FILTER FABRIC FENCE MUST BE PLACED AT LEVEL EXISTING GRADE. BOTH ENDS OF THE BARRIER MUST BE EXTENDED AT LEAST 8' UP SLOPE AT 45 DEGREES TO THE MAIN BARRIER ALIGNMENT.

SEDIMENT MUST BE REMOVED WHEN ACCUMULATIONS REACH 1/2 THE ABOVE GROUND HEIGHT OF THE FENCE.

ANY SECTION OF FILTER FABRIC FENCE WHICH HAS BEEN UNDERMINED OR TOPPED MUST BE IMMEDIATELY REPLACED WITH A ROCK FILTER OUTLET. SEE STANDARD CONSTRUCTION DETAIL #18 TOWNSHIP STANDARD DETAIL E5403

D WNSF__OliT

EXISTING PAVED

DRIVEWAY:

0 90 ELBO

SECTION A-A NOTE: LENGTH, WIDTH AND DEPTH

TO BE DETERMINED PER DESIGN & FIELD CONDITIONS

NOTES:

1. ALL PIPE IS SCHEDULE 40 (NON-PRFORATED, SPECIFIED. 2. LENGTH, WIDTH AND DEPTH 3. PROVIDE CLEANOUTS EVERY

OREL,4N, DATE: SEPTET-1ER 5, 2015 SOLID CORE) PVC UNLESS OTHERWISE

TO BE DETERMINIED PER DESIGN AND FIELD CONDITIONS. 100FT AND AT EACH CHANGE IN DIRECTION GREATER THAN PLANS, SPECIFICATIONS, SECTION

REV. DRAWING NUME3ER 51 of 1

45 DEGREES. CLEANOUTS TO BE SET FLUSH WITH FINISHED GRADE. migin.2=E

EXISTING PAVED

WALKWAY

v•;°

4

6" PASHTO #57 OR 28 CLEAN AROUND PIPE 12" OVER PIPE, 6" UNDER PIPE •

ADAPTER -,------THREADED TEE WITH CAP

REVERSE WYE

SCH 40 WYE 6" SCHEDULE 40

PVC PIPE NON-PERFORATED

SLOPE 2% MIN. IN STONE

=11E11011 -0 -111=111211- 1=111 '1101 Ell Ell ammemsma inall=mons•lim

=11E111E11 EllIEIIIMIIEME111 _ r •al Ell EDF-410=071M =liming pit•r• al 04 "Litillitiar isinpurer 41EIIIEW

Pecir

LASS #1 NON-WOVEN GEOTEXTILE FABRIC ALL SIDES, TOP & BOTTOM

AASHTO #1 STONE OR 4" BALLAST

PROPOSED SITE PLAN

STORM WATER MANAGEMENT for ADDITIONS 4 ALTERATIONS

510 ORLANDO AVENUE

57

2009 510 Orlando Avenue

$500.00 Geri Bauer, (215) 643-1600 ext. 3205 TOTAL AMOUNT PAID

Received From:

Kevin & Pamela Brennan 510 Orlando Avenue Oreland,PA. 19075

Payment Method Property Location Check No.

01-361-3300

Item Qty Rate Amount

500.00 500.00



Description

Zoning Hearing Board Fees


Payment Receipt

58

zhb regular meeting€¦ · the office use on that property only, and may not be used for off-site...

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