One of the conditions was that the business hours would be no more than 40 hours per week, Monday through Friday only and that office hours could not begin before 9 am and no appointments would start after 7 pm. The Zoning Hearing Board (“ZHB”) approved the special exception subject to 6 conditions. They also expressed concerns about the type of patients that Dr.
Several neighbors testified that through traffic is prohibited from the Darby Road intersection with Brennan Drive between 7 am and 9 am but the same prohibition does not apply to the Route 320 entrance to Brennan Drive. Fask also presented additional evidence that he could comply with all other specific requirements for the special exception use. Appointments lasted 45 to 50 minutes and there is 10 to 15 minutes between appointments meaning that it is unlikely that more than one client would be at the home at a time. Fask saw clients during the week and on Sunday nights but did not anticipate working more than 40 hours per week. Pursuant to the Zoning Ordinance, a psychologist’s office qualifies as a professional office. Fask applied for a special exception to operate a professional office within a residential dwelling on Brennan Drive within the Township. However, if the restriction is based on speculation and perceived harm rather than on fact-based concerns, then the restriction will not be upheld.ĭr. Zoning Hearing Board of the Township of Haverford, 17 C.D. The short answer is yes, if such a restriction is reasonable based on the evidence of record, as announced by the Commonwealth Court in Fask v. Kushto Can a Zoning Hearing Board Restrict Hours of Operation?
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