Conshohocken’s Borough Council to Consider Appeal of Zoning Hearing Board’s Decision on Substantive Validity Challenge Involving Wawa

UPDATE – The previous meeting of Conshohocken’s Borough Council that involved Borough Council deciding whether to appeal the Zoning Hearing Board 3-2 decision invalidating the ordinance passed to allow a Wawa in the Residential-Office Zoning District was canceled due to snow.

The item is back on the agenda for the Wednesday, March 6th meeting (7:00 p.m.). It reads slightly different than the previous agenda. It states:

Ratify and confirm the authorization of Special Counsel (Obermayer) to file an appeal to the Montgomery County Court of Common Pleas of the Zoning Hearing Board’s decision on the substantive validity challenge to Ordinance 08-2017

As we reported in late 2018, this year’s budget has allocated $200,000 for special counsel.

Below is the original report on this agenda item:

On the agenda for Conshohocken’s Borough Council meeting on Wednesday, February 20th is whether to consider whether it should appeal the 3-2 decision by the Zoning Hearing Board that found that the ordinance that would allow a Wawa with gas pumps to be built within the Residential-Office Zoning District as invalid. The meeting is at 7:00 p.m. at 400 Fayette Street.

A group of neighbors made the challenge and its legal team argued that the ordinance was spot zoning. The ordinance was passed in 2018 by a vote of 4-3.

Here is wording from the agenda:

Authorize Special Counsel (Obermayer) to file an appeal to the Montgomery County Court of Common Pleas of the Zoning Hearing Board’s decision on the substantive validity challenge to Ordinance 08-2017


More to come.