Another Fight Over a New Hotel
By ANNE HOLLIDAY
WESB/WBRR News Director
Get ready to feel a sense of déjà vu.
The Bradford Zoning Hearing Board on Tuesday granted a variance to Tarport Properties LLC for the proposed Holiday Inn Express at the former Micale Construction site, but not before attorney Greg Henry brought up several objections.
Henry represents Bradford Motel Associates (Best Western), which, more than a decade ago, objected to the Comfort Inn moving to the site where it's been for nearly 10 years.
Comfort Inn opened across the street from Best Western in late 1999 after a court battle that lasted about four years and went all the way to the state Supreme Court.
Many of Henry's objections Tuesday night dealt with procedural issues concerning the hearing itself. He pointed out the criteria for the awarding of variances are set forth in the Pennsylvania Municipalities Planning Code.
He said the variant applicant must present evidence to satisfy the board, and the board must make findings with respect to the evidence presented.
Henry said the criteria that must be met are that there are unique physical circumstances or conditions that make the variance necessary; because of the unique conditions there is no possibility the property can be developed without a variance; unnecessary hardship has not be created by the applicant; the variance, if granted, would not alter the character of the neighborhood or district nor be detrimental to the public welfare; and the variance would represent the least amount of modification possible.
He said, for example, it's relevant that the applicant knew about the zoning regulations when buying the property.
"Most of this property was purchased in 2003," Henry said, "and, of course, the zoning ordinance was passed in 1964."
"You have to essentially demonstrate that you can not develop the property in accordance with the code," he said, "not that if you grant a variance you could make more money doing something else. That's not good enough."
Neither developer John Stranburg of Tarport Properties nor engineer Jim Hannon spoke during the hearing, but the board did have maps and plans for the proposal.
Following the hearing when asked if one could assume the matter would be going to court, Henry said that would be the assumption.
Also following the hearing, Stranburg said he is not deterred by possible court action and still hopes to start construction on the 72-room hotel this fall.
Stranburg said Tarport Properties also owns the DeSoto Holiday House on South Avenue and plans to refurbish that property.
Together, the projects would create about 50 jobs, he said.
As for the proposed Holiday Inn Express, several variances were considered.
First, the hotel would be four stories and 54 feet tall. The code allows for three stories and a maximum height of 50 feet.
Second, the code calls for parking to be five feet from the property line and some of the 75 spaces would not meet that requirement.
Also, some landscaping requirements could not be met because of the irregularity of the lot.
City Clerk John Peterson said a legal ad about the project ran in the newspaper twice and he received only two calls about it. One was from the media requesting more information; the other was from a person asking if the meeting was open to the public.
WESB/WBRR News Director
Get ready to feel a sense of déjà vu.
The Bradford Zoning Hearing Board on Tuesday granted a variance to Tarport Properties LLC for the proposed Holiday Inn Express at the former Micale Construction site, but not before attorney Greg Henry brought up several objections.
Henry represents Bradford Motel Associates (Best Western), which, more than a decade ago, objected to the Comfort Inn moving to the site where it's been for nearly 10 years.
Comfort Inn opened across the street from Best Western in late 1999 after a court battle that lasted about four years and went all the way to the state Supreme Court.
Many of Henry's objections Tuesday night dealt with procedural issues concerning the hearing itself. He pointed out the criteria for the awarding of variances are set forth in the Pennsylvania Municipalities Planning Code.
He said the variant applicant must present evidence to satisfy the board, and the board must make findings with respect to the evidence presented.
Henry said the criteria that must be met are that there are unique physical circumstances or conditions that make the variance necessary; because of the unique conditions there is no possibility the property can be developed without a variance; unnecessary hardship has not be created by the applicant; the variance, if granted, would not alter the character of the neighborhood or district nor be detrimental to the public welfare; and the variance would represent the least amount of modification possible.
He said, for example, it's relevant that the applicant knew about the zoning regulations when buying the property.
"Most of this property was purchased in 2003," Henry said, "and, of course, the zoning ordinance was passed in 1964."
"You have to essentially demonstrate that you can not develop the property in accordance with the code," he said, "not that if you grant a variance you could make more money doing something else. That's not good enough."
Neither developer John Stranburg of Tarport Properties nor engineer Jim Hannon spoke during the hearing, but the board did have maps and plans for the proposal.
Following the hearing when asked if one could assume the matter would be going to court, Henry said that would be the assumption.
Also following the hearing, Stranburg said he is not deterred by possible court action and still hopes to start construction on the 72-room hotel this fall.
Stranburg said Tarport Properties also owns the DeSoto Holiday House on South Avenue and plans to refurbish that property.
Together, the projects would create about 50 jobs, he said.
As for the proposed Holiday Inn Express, several variances were considered.
First, the hotel would be four stories and 54 feet tall. The code allows for three stories and a maximum height of 50 feet.
Second, the code calls for parking to be five feet from the property line and some of the 75 spaces would not meet that requirement.
Also, some landscaping requirements could not be met because of the irregularity of the lot.
City Clerk John Peterson said a legal ad about the project ran in the newspaper twice and he received only two calls about it. One was from the media requesting more information; the other was from a person asking if the meeting was open to the public.
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