Neighbors ask West Chester to consider appeal of variance for 516 North Church Street

Dozens of neighbors told West Chester Borough Council during public comment that the zoning hearing board erred in granting a variance for 516 North Church Street and asked the borough to appeal the decision.

"The hardship presented was not legally viable," said Sarah Rogers, a long-term borough resident and member of the sustainability advisory committee, who spoke for neighbors directly behind 516 North Church. Rogers said the proposed garage-plus-ADU would more than double allowable square footage for the lot, increase impervious surface and worsen stormwater runoff into a narrow 11-foot alley. Neighbor Kimberly Love added that the proposal lacks stormwater plans and would reduce sight lines and turning radius for residents who use the alley for access.

The neighbors raised three central complaints: that the zoning hearing board did not identify a valid hardship, that the project's coverage and siting imperil drainage and pedestrian safety, and that approving the variance would set an undesirable precedent for building size and ADUs in narrow alleys. "This will completely pave the back portion of the property," Love said, noting the site slopes toward homes behind the property.

Council members and staff responded that a written decision from the zoning hearing board has not yet been issued. "The zoning hearing board orally approved the application by a 2–1 vote," an official explained, "but the appeal period begins on the date the written decision is issued, and we haven't seen that yet." Council directed that Smart Growth committee staff place the item on next month's committee agenda for discussion if and when the written decision arrives. That committee would formulate a recommendation to full council on whether to appeal.

No formal appeal motion or vote was taken at the meeting. Residents who entered appearances at the hearing will receive the written decision from the zoning hearing board when it is issued, staff said. The Smart Growth committee is expected to review the case within the statutory 30-day appeal window and report back to the full council with a recommendation.

The council is not required to appeal every zoning hearing board grant; borough staff noted the legal and practical limits vary with each case and that advice on the likelihood of success cannot be offered until the written decision and its findings are available.

Next steps: Smart Growth will consider the written decision and may recommend an appeal to borough council within the 30-day statutory window following issuance of the written decision by the zoning hearing board.