October 5, 2004, Public Hearing

The Clarion Borough Council held a Public Hearing on October 5, 2004, at 6:45 p.m. in the Assembly Room of the Clarion Free Library, the purpose of the hearing was to receive public comments regarding a request by Mr. Dick Clark, on behalf of the Salvatore Amato Estate and Ms. Jean Amato, for a simple sub-division of property located at 401-403 South Street (property map #05-05.0-219-000 and #05-05.0-220-000).

A list of those people in attendance is attached to the Official File Copy of these minutes.

Ms. Vavrek, Chairman of the Housing and Zoning Committee, called the hearing to order at 6:45 p.m.

Ms. Vavrek announced Mr. Dick Clark has asked for a simple sub-division of property located at 401-403 South Street.   The affected lots are occupied by a single-family residence at 401 South Street, a two-family residence at 403 South Street, and the former Amato Wholesale Produce Warehouse on the rear of two lots at 53 South Fourth Avenue.   Mr. Clark wishes to purchase these lots and this purchase is contingent upon the simple sub-division establishing a separate lot for the warehouse.   A variance for the use of the building as an electrical supply building and the creation of a non-conforming lot applying to the warehouse and subsequently for the residences, was approved by the Clarion Borough Zoning Hearing Board on August 17, 2004, conditioned on receipt of recommendation by the Clarion Borough Planning Commission and approval by Clarion Borough Council of the Simple Sub-Division Plan.   Under the Plan, Ms. Vavrek reported the residential lots will become 36’ x 118’ in size and the warehouse lot will be 72’ x 72’.   Minimum lot size in an R-1, Single-Family Zoning District is 7500 square feet with a minimum of 50 feet of street frontage.   Ms. Vavrek commented the Planning Commission did hold a Public Hearing on September 14, 2004, and did recommend the request be approved.   Ms. Vavrek asked Mr. Clark for additional comments.

Mr. Clark reported the building was built on the back of two lots 40 or 50 years ago.   In the future, if someone would want to sell a portion of it, it would be hard to do because it’s a non-standard lot.   The warehouse would be used for an electrical supply business.   There are 5 employees and the vehicles would be parked inside, except during the day when the employees would be in and out.   The business operates Monday through Friday from 7 a.m. until 4 p.m.

If this is sub-divided, Ms. Vavrek inquired what Mr. Clark intends to do with the other lots.

Mr. Clark reported he intends to use the residences for rentals.

Ms. Vavrek also heard rumors about a parking lot and asked Mr. Clark to address that.

Mr. Clark realizes parking is a big concern for the residents in this area.   There’s just not much available and is crowded.   Mr. Clark doesn’t anticipate affecting the parking much and doesn’t intend to put in a lot.  

Ms. Moore asked the neighbors for any comments.

As long as there is no parking on that lot without Mr. Clark having to apply for another variance, Ms. Josephine Shirey doesn’t have any problems with the building or the variance.

If the lot is sub-divided, President Wilshire asked Mr. Ragon what steps Mr. Clark would have to go through to get a parking lot.

Mr. Ragon stated once the lots are split into 3 lots technically Mr. Clark couldn’t put a parking lot on there.   The lots are already occupied and a commercial parking lot couldn’t be erected.   Mr. Ragon pointed out Mr. Clark does have some ground on the warehouse site that could be converted to two individual parking spaces.   As far as a parking lot, Mr. Clark would have to come before Council requesting permission to put one in.

In reference to the two houses, Ms. Moore inquired if there would be any place for anyone who purchased them to build a garage or have any private parking.   There is currently a house on Wood Street that has no place to park and it is terribly hard to sell.

Mr. Clark commented a small driveway in the back of those lots is possible and would allow for one car each.

If someone would buy the whole thing and tear the building down, Ms. Moore verified then the person would have access to the alley.

Mr. Ragon agreed that would be possible, making parking available.

President Wilshire questioned if the warehouse lot would be sold in the future if that is the only thing allowed on that particular lot.

Mr. Ragon stated yes.   If the use of the warehouse were discontinued, it would be a vacant lot.   The lot is not big enough for a building lot in a Commercial District that would only require 4,800 square feet.

Mr. Zerfoss supports this request.   The warehouse is a good building.   The Amatos used this for their fruit business basically 7 days a week, with deliveries on Saturdays and Sundays.   Mr. Clark would be using the building only 5 days a week.   If it’s not granted, Mr. Zerfoss stated the only way to go would be to tear the warehouse down.   This would result in loss of tax revenue, because the assessment would decrease.

Mr. Clark noted the taxes are significant on the two properties.

Mr. Zerfoss doesn’t feel the use will hurt the neighborhood and again stated he supports it.

Ms. Shirey only commented that there is no access to the downstairs apartment, meaning the people who rent that apartment use the Shireys’ sidewalk.   Mr. Clark stated before he would put in an access.   Ms. Shirey asked Council to include this in the approval.

Mr. Clark reported there is enough room between the two houses to put in a sidewalk, which he will do.   It will make it a lot nicer.

Ms. Shirey added they don’t mind someone using the sidewalk; however, if someone fell and got hurt, the Shireys are liable.

If Council doesn’t grant it, Ms. Vanessa Kriebel feels it will just sit vacant and asked what good that would do.   No matter how you look at it another vacant property is bad.

Hearing no further questions or comments, Ms. Vavrek adjourned the Public Hearing at 6:58 p.m., with action to be taken at the Council Meeting.

              ______________________________

              Linda M. LaVan

              Administrative/Zoning Secretary