Published Saturday, January 25, 2003
in choice
for court
Herald Staff Writer
If Mercer County commissioners stick with their inclination to put the office of District Justice Henry J. Russo into a restaurant building in Farrell, they will need the approval of the Farrell Zoning Hearing Board.
That fact influenced Commissioner Kenneth Seamans' decision to take a second look at a site Farrell council prefers.
Commissioners have informed council they want to buy the former C's Waffle House at 841 Sharon-New Castle Road from Garfar Inc. and renovate the building for court use.
The building is in a highway commercial zone, which does not overtly permit such use, said city zoning officer Mark Yerskey.
"It appears that they would have to apply for a variance or an interpretation," he said.
The zone permits uses such as car dealerships, professional offices, restaurants, convenience stores, hotels and motels, and the zoning board would have to decide whether a court would be compatible with those uses.
Yerskey added the zoning ordinance was made to be flexible to promote development.
"Zoning is designed to be flexible and leave some decisions in the hands of the zoning board," he said. "I wasn't going to be specific about too many things."
Seamans said council members will not mirror that flexibility in this issue.
"The city, in a subtle way, let us know that it wouldn't be granted," he said of the variance or interpretation.
Councilman Louis Falconi said the county would have "some problems" getting zoning approval.
"There will be some requirements on our part for getting this off the ground," he said.
While the board is supposed to be independent of council, Seamans said council could influence the board by virtue of its authority to appoint members to the board.
"In reality, the council can exercise some control over them," he said.
"I don't think so," responded zoning board Chairman Daniel Styduhar. "I don't think we would be coerced in any way by city council to act one way or another.
"In the past," Styduhar continued, "we've never gotten any pressure from council to act one way or another. If they did, I'd tell them to mind their own business."
While the commissioners could appeal a denial by the board, it would be costly and time-consuming, Seamans said.
Consequently, the property at Spearman Avenue and Roemer Boulevard, where council wants a new court built, is in a more pedestrian-friendly commercial zone that allows a use called civic/cultural buildings.
Yerskey said he checked with Rick Grossman, the consultant who wrote the zoning ordinance, and learned the civic/cultural buildings use is a catch-all category to include things such as nonprofit organizations, libraries, post offices and government buildings.
"The district justice office fits into that," Yerskey said.
Grossman noted that the court would have a post office, the city building, Farrell fire station and Southwest Mercer County Regional police nearby, Yerskey said.
Seamans said he still is not in favor of Spearman and Roemer because of the expected cost to build the court, about $410,000, which he said is $200,000 more than what the purchase and renovation of the former restaurant would cost.
Commissioners said they asked architect John Gruitza to see if he can reduce the estimated cost of building at Spearman and Roemer, but Seamans said he can't imagine the cost coming down that much.
"If we can get the price down some way, there wouldn't be a problem," he said. "If we cannot get close to the price, then we're going to have to exercise some other option."
Seamans said the commissioners are not looking at any other options.