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Erie zoning board denies garage-door and deep-setback requests from Hoover properties
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Summary
The Erie Zoning Hearing Board denied two dimensional-variance requests for properties tied to Timothy Hoover after finding applicants did not meet the ordinance's hardship standard. The board rejected a 12-foot garage-door setback request at 302 Cherry and a 69-foot front-yard setback at 319 E. 2nd.
The Erie Zoning Hearing Board on April 1 denied two variance requests tied to Timothy Hoover after hearing testimony from his son and representative, Taylor Hoover.
Taylor Hoover told the board he was seeking relief for two properties — 302 Cherry and 319 East 2nd Street — to allow nonconforming configurations that he said were created by prior commercial uses and lot constraints. For 302 Cherry, the applicant sought a dimensional variance to install garage doors 12 feet from the street where the code requires a 20-foot setback under section 205.14. For 319 East 2nd, the applicant requested a 69-foot front-yard setback, which he said would allow on-site parking and snow storage on a narrow 41-foot lot.
The board pressed the applicant on the key legal test for zoning variances: whether the property presents a unique physical condition or hardship that prevents reasonable use consistent with the zoning ordinance and whether the hardship was self-created. Solicitor counsel outlined the standard and told the board a variance must be the minimum relief necessary and must not alter the essential character of the neighborhood.
Taylor Hoover described the buildings as former storefronts or a church that have existing large openings and internal layouts he said make conforming development impracticable. He also emphasized private investment plans, saying the family's company, Quality Rentals, owns multiple downtown properties and intends to renovate and invest in the blocks in question.
After an executive session, the board returned to the record and voted on each appeal. On 302 Cherry, the roll call was: Seibald no, Johnson yes, King no, Gungeon no; the request for a 12-foot garage setback was denied. On 319 East 2nd the board voted unanimously to deny the requested 69-foot front-yard setback.
The chairman told the applicant the board is bound by the ordinance's criteria and that the board cannot change code or policy to accommodate preferences for parking or ease of access. The board suggested applicants may seek zoning changes through city council if they wish to pursue broader code changes.
The board's written decisions will be entered into the record and provided to the applicants, who were told to contact staff for copies of the record and next steps.
