NOTICE IS HEREBY GIVEN that the Pocono Township Zoning Hearing Board will hold a public hearing on Tuesday, April 27, 2021, beginning at 5:00 P.M. This date replaces the prior hearing date of Thursday, March 25, 2021. The purpose of the hearing is to consider the appeal of Carlos Taveras and Stephanie Rodriguez (Appellants) from the Zoning Officer’s Enforcement Notice of January 11, 2021. Appellants request the following relief: (1) to affirm their appeal of the Zoning Officer’s Enforcement Notice, which alleges that Appellants violated §§ 470-121 and 470-122 of the Zoning Ordinance by establishing a new use or changing the use of their property without first obtaining a Certificate of Occupancy; (2) to interpret the phrase “transient dwelling accommodation” as used in § 470-17, Attachment 1, to determine if it includes “exclusive or partial short-term rentals of single-family dwelling units”; (3) to declare Pocono Township Ordinance No. 110 procedurally invalid because it was adopted without strict compliance with 52 P.S. § 10609 of the Municipalities Planning Code; (4) to declare Ordinance No. 110 substantively invalid because it fails to accommodate the exclusive or partial use of a lawful single-family dwelling unit as a short-term rental; (5) to determine that Appellants are entitled to continue their use of the property based on a variance by estoppel.
Appellants own the subject property which is located at 332 Butz Lane, in Scotrun, Pocono Township, Monroe County, Pennsylvania. The property is identified as Tax Code Number 184.108.40.206 and PIN 12-6354-03-02-6974. It is located in the Residential (R-1) zoning district.
Due to health considerations and for the safety of members of the public and township officials, the hearing will be conducted both in-person and by dial-in conference call. With social distancing protocols in place, there is seating capacity at the Pocono Township Municipal Building, 112 Township Drive, Tannersville, Pennsylvania 18372, for eight (8) members of the public. Anyone desiring to observe or participate in the hearing remotely may contact the Township at 570-629-1922 for dial-in instructions. Party participation will be governed by the rules of standing contained in the Pennsylvania Municipalities Planning Code.
Anyone desiring to submit documents or exhibits into the record must provide complete copies to the Township Manager by email at [email protected] at least three (3) business days prior to the hearing. All submitted exhibits will be posted to the Township’s website prior to the hearing.
The complete application is on file for inspection and review without charge (or a copy may be obtained for a charge not greater than the cost thereof) at Pocono Township’s offices at the address listed above during regular business hours. If any person with a disability wishes to request that special accommodations be made to allow his or her participation, he or she is asked to contact the Township by calling (570) 629-1922 at least one business day in advance to make arrangements.
WEITZMANN, WEITZMANN & HUFFMAN, LLC
By: Todd W. Weitzmann, Esquire
700 Monroe Street
Stroudsburg, PA 18360
Pocono Township Zoning Hearing Board Solicitors