Council declines to grant Tuesday‑night wedding waiver after zoning decision does not give council that authority
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Summary
A property owner asked council to permit a Tuesday evening wedding at Shawnee Run; council determined the zoning hearing board’s variance limited events to Friday–Sunday and that only the zoning hearing board — not council staff — can alter that condition.
A request to allow a Tuesday evening wedding at Shawnee Run prompted council to review the zoning hearing board decision that had limited events to Friday, Saturday and Sunday. Borough staff and the council confirmed Sept. 9 that the zoning decision does not delegate authority to borough council to approve exceptions; any change must be sought from the zoning hearing board.
Background and request: The Shawnee Run property owners sought permission to hold an event on a Tuesday in November. The zoning hearing board’s written decision authorized events on Fridays and Saturdays from 9 a.m. to 10 p.m. and Sundays from 9 a.m. to 9 p.m., and it did not include a clause allowing the borough council to waive that condition.
Legal clarification: Solicitor Sean Gable explained that when the zoning hearing board imposes conditions in a variance or special‑exception decision, the board alone controls modifications to those conditions unless the board’s order explicitly reserved authority to the borough council. “If it’s not in that zoning decision, then you don’t have the ability to change that,” Gable said.
Outcome: Council did not approve a waiver at the meeting and directed the property owner to pursue a change through the zoning hearing board process. Staff noted that the property owners may apply to the zoning hearing board to modify the condition; that process includes public notice and a hearing.
Why it matters: The exchange clarified municipal process boundaries and the proper remedy for applicants seeking schedule changes to a previously permitted land‑use decision. Council members stressed consistent application of zoning conditions and that changes must follow the hearing board’s procedures.
Next steps: Owners may file to reopen the zoning hearing board decision or seek a modification from the hearing board; until that occurs, event scheduling remains limited to the days and hours specified in the board’s order.