Tmwm, I*o 1% lift
Grain Inn
(Continued from Page Al)
Since Krall’s farm bad been
zoned commercial and light
Industrial by the township in
1973, all buildings were
required to be 100 feet off
any roads.
Krall stated he built the
grain bin where he did so
that be could make use of his
present equipment. He
transfers the dried grain to a
Harvestore silo which was
built in 1967, about 80 feet
from Hinkle Road.
The silo, which was said to
be “non-conforming” in
Judge Gate’s comments, bad
been constructed six years
prior to any township or
dinances being in effect
“When we built the silo, we
placed it so we could fill it
from the north side, the side
toward Hinkle Road. So in
order to unload the com
from the bin to the silo and
make use of my 60 foot
auger, the bin was put up
where it is now,’’said Krall.
He went on to explain he
could have put the grain bin
(Mi the other side of the silo,
as was suggested by the
zoning people, but this would
have situated it on the wrong
side for filling the silo. “I
would have bad to turn the
silo around, or get a longer
auger. And 61 feet is the
longest length of auger I am
aware of that you can buy.”
By building the bin on the
south side of the silo, Krall
added, it would have been in
the long-rows part of the
field, where now it is where
the field had a triangle of
point rows. The grade also
falls away on the south side
of the silo, therefore there
would have been more of an
angle on the auger to fill the
silo which would have made
it harder on the equipment,
be said.
The county judge made his
determination on whether or
not to grant variance
from legal principles set
forth in a case involving
O’Neill versus Zoning Board
of Adjustment.
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circumstances;... in order to
obtain a variance, the
petitioner 'must prove (1)
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The Krall grain bin,
located next to the farm’s
buildings, situated in the
center of the owner’s 170
acre farm, is 250 yards from
any neighboring homes. And
that home is owned by
Krall’s daughter and
husband.
A neighbor, living further
east along Hinkle Road, said
you can sometimes bear the
grain drier’s fan, but then
only for about a minute.
This same neighbor, who
attended the court hearing
last July, said it was obvious
to him that the Township’s
attorney did not understand
the engineering and
reasoning behind the bin’s
location, and if he didn’t,
chances are the judge didn’t
either.
Krall said be tried to ex
plain to the court the location
was based on equipment and
engineering, and that any
other location would have
meant a cost of $5OOO more to
build the bin. To move the
bin the distance needed to be
in compliance, Krall
estimated last July it would
cost about $3OOO.
He pointed out that there
are about 28 yards of con
crete in the base for the bin,
which in 1976 cost around $3O
a yard.
court’s decision when they
picked up the local paper on
March 19, 1980. About one
week later, they said they
finally received a letter from
the attorney telling them
what they had read was
correct.
Judge Gates’ comments
stated, “The evidence here
clearly discloses that the
land is suitable for the in
tended purpose and that it
can be accomplished in
conformity with the
Township’s Zoning Or
dinance.
We will accept the
assertion that a financial
hardship will result But as
was noted previously,
economic hardship standing
alone is no valid basis for
departing from the terms of
a zoning ordinance.
Nor are we impressed with
the petitioner’s contention
that he was mislead by the
grain bin salesman’s
asserted belief that no
building permit was
required. Petitioners were
aware of the existence of the
zoning ordinance as is
demonstrated by their
inquiry of the salesman as to
whether or not a building
permit was required.”
Krall said he knew the
township bad adopted an
ordinance and that he could
either buy the book or read
it in the municipal building!
He said he could not
remember reading any
notice in the paper, and
could have missed it because
they don’t get the newspaper
on a regular basis.
But, Krall said he felt
when the contractor told him
a permit wasn’t necessary—
it wasn’t necessary. He said
he found out about his
error from neighbors and
friends, later.
Township Supervisor
Raymond Phillippy, who
was elected to his local
government position last
Fall, says he needs to look
into this situation in more
depth.
He said he has been
studying the Pennsylvania
Municipality Planning Code
Act 247 which states that the
purpose of zoning is to
protect, promote, and
facillitate public health,
safety, morals, and general
wellfare.
But, he said, he can un
derstand what happened to
Krall because the same
thing almost happened to
him when he wanted to
construct a swimming pool.
“The pool salesman said I
could locate the pool within 5
feet of my boundary, and I
believed him. But, one day
when I was m Lebanon, I
thought I’d better check it
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Harvey Krali’s grain bin, located in Scuth Londonderry Township, was erected
40*/2 feet off Hinkle Road. If he does not receive a variance from the township,
he will be forced to mbve the structure an additional 59Vz feet away to be in
compliance with the local ordinance.
out—l found out he was not
giving me the right in
formation. Luckily, I found
out before I was in
violation.”
“These salesmen have a
way of working around to
sell their stuff, and it’s up to
the individuals to check it
out before they sign
anything,” he added.
To stop this sort of thing
from happening in their
township, Krall said the
supervisors have instructed
the police to notify them of
any construction going on
and check to see if the
needed permits were ob
tained. “This way we can
stop the people before they
get into trouble, and ask
them if they know they need
to get a permit under Act
247.”
When asked whether the
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township will enforce the
Lebanon County decision
and require Krall to move
his grain bin, Phillippy said
he could not say. He added
he is not sure whether the
township has the power to
accept or change the zoning
regulations. “Under Section
605,1 read it to mean we can,
but I read on and then I’m
not sure.”
Phillippy stated that the
supervisors have to be very
careful not to bend the rules
for one individual or another
one may come to them with a
request to change.
He added he hopes
something can be done
peacefully to- settle this
situation reasonably, but he
pointed out he is just one
third of the board.
“I am a Christian, and I
like to see people treated like
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human beings,” he said. “I’ll
have to dig into this and see
what I can do.”
This seems to be a candle
of hope for Krall who said iff
he has to move the bin, he^
might just as well give up
farming. “But, if all the
farmers give up, we’ll be in a
lot of trouble. You can’t raise
food in rule books.”
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