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Doylestown Council authorizes solicitor to draft amendment allowing owner to seek zoning variance for 168 E. Oakland Ave
Summary
Council authorized the solicitor to draft language permitting the owners of 168 E. Oakland Avenue to pursue a zoning variance while preserving the Borough’s ability to oppose future variances; the house was subject to a 2018 settlement that preserved two facades and allowed variances that kept the FAR at about 61%.
At its May 18 meeting, Doylestown Borough Council directed the solicitor to draft an amendment to a 2018 settlement covering 168 East Oakland Avenue so the property owners may seek relief from the Zoning Hearing Board while preserving the Borough’s right to oppose any new variance application.
Council Member Jennifer Jarret, speaking for the Zoning and Planning Committee, summarized the 2018 settlement: the Borough denied a Certificate of Appropriateness for demolition, and the settlement preserved the northern and eastern facades of the historic home in exchange for variances allowing a 14.6-foot rear yard (where 25 feet is required), 32.3% lot coverage (where 30% is allowed), and a floor area ratio (FAR) of 61% (where 40% is the district maximum). The owners, Gary and Linda Kennedy, now ask that the unfinished basement be added to the floor area calculation, which would raise the FAR to approximately 80%.
Jarret outlined three options considered by the Borough: amend the agreement to allow the change, amend the agreement to permit the owner to apply to the Zoning Hearing Board (ZHB) while preserving the Borough’s right to oppose, or decline the request. The Zoning and Planning Committee recommended authorizing the solicitor to draft amendment language that would permit the owner to pursue the standard ZHB variance process without prejudicing any party’s position; council approved the recommendation unanimously.
Council did not change zoning or grant a variance at the meeting; the authorization only directs the solicitor to prepare amendment language. If an amended settlement or a ZHB application proceeds, the Borough’s options to support or oppose any variance will be a matter for later council action or the ZHB process.
Next steps: the solicitor will draft the amendment language for Council review; if the owners apply to the Zoning Hearing Board they will be required to demonstrate hardship under the usual variance standard.
