The most consequential portion of the application was the proposed Kiddie Academy parcel: it seeks approval for a 2.117-acre lot where the CM district normally requires 10 acres, 36.81% impervious surface where 15% is permitted, a 59.20-foot front setback instead of 100 feet, front-yard play areas, and relief from the five-acre child-care lot requirement. The document also reports proposed disturbance of 17.5% of total woodlands and 44.8% of agricultural soils.
The applicant argued that the unique physical conditions of the property—including irregular parcel shapes, extensive protected natural resources, and a long-standing non-conforming restaurant use—create an unnecessary hardship that justifies the requested relief.
All 4 of the ZHB members present voted to deny the variances.
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One of the most significant issues raised by the Zoning Hearing Board involved the amount of parking proposed for the childcare facility. The central question became: Why exceed the Conservation Management district's impervious-surface limits in order to construct parking that may not actually be required?
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