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West Chester council votes to join appeal of variance at 516 North Church Street
Summary
Council voted to join an appeal of a Zoning Hearing Board decision that granted a variance to increase building coverage to 24.1% for a proposed detached garage with an accessory dwelling unit at 516 North Church Street. The vote was tied 3–3 before the mayor cast the deciding vote to proceed; solicitor estimated the borough's legal costs could be up to $5,000.
West Chester Borough Council voted on May 20 to authorize the solicitor’s office to file an appeal to the Court of Common Pleas of Chester County challenging a Zoning Hearing Board decision that granted variance relief for 516 North Church Street.
Solicitor Miss Camp explained the options: the borough may do nothing and allow neighbors or the applicant to pursue appeals, or the borough may authorize the solicitor’s office to file an appeal within 30 days of the written zoning decision. The variance approved by the Zoning Hearing Board would raise the allowable building coverage from 20% to 24.1% to permit a detached garage with an accessory dwelling unit.
Multiple council members and neighbors spoke. Council member (speaker 7) noted the Zoning Hearing Board decision was split and emphasized neighborhood turnout. Kimberly Love, who identified herself and gave her address on the record, told council the neighbors do not view the matter as a private dispute but as a question of whether the applicant proved the legal hardship necessary to justify a variance: "We do not believe that hardship was proven. We do not believe that the criteria was met," she said.
After debate, a motion to not proceed with an appeal produced a 3–3 tie. The mayor cast the deciding vote; the mayor and the council president interpreted the result to mean the borough will proceed with the appeal and authorize the solicitor to file within the statutory 30‑day window. Miss Camp estimated legal fees to file and brief the appeal could be up to approximately $5,000, which she described as a conservative, high estimate.
Why it matters: The borough’s decision to join an appeal will add municipal resources to a local land‑use dispute, shift legal responsibility to the solicitor’s office and may affect timelines for the proposed construction at 516 North Church Street.
What happens next: The solicitor will file the appeal in the Court of Common Pleas of Chester County within 30 days of the written zoning decision; neighbors retain the ability to separately appeal as parties.
