Richland Zoning Hearing Board document lays out logic behind decision to deny storage at Galleria

May 9—JOHNSTOWN, Pa. — A report filed Wednesday by the Richland Township Zoning Hearing Board gives more details supporting its decision to deny Storage of America's request for a zoning variance that would have allowed the company to build self-service storage units at the former Sears location attached to The Johnstown Galleria.

The document follows a hearing of Storage of America's plan in April and a subsequent decision Tuesday in which the board's five members unanimously denied the Michigan-based company's plan.

The board's "Findings of fact, conclusions of law and decision" on file at the Richland Township Municipal Building, 322 Schoolhouse Road, states Storage of America's proposal did not meet state zoning criteria for showing an "unnecessary hardship" or evidence that the former Sears location presents obstacles that removes any possibility that it can be developed in strict conformity with provisions of the zoning ordinance.

The former Sears building, a separately owned entity from the Galleria, is in a "C-2 General Commercial District," which is intended for the conduct of general business to which the public requires direct and frequent access. That includes retail stores, theaters and other amusement enterprises.

"The Applicant (Storage of America) has proven nothing more than that adherence to the ordinance imposes a burden on its wish to operate a self-service storage facility in a C-2 General Commercial District," the document states.

Richland Township's ordinance lists more than 60 uses allowed in a C-2 commercial zone, and storage firms or facilities are not among them, but Storage of America sought approval under a provision of the zoning ordinance allowing for "similar type retail or local service use not specifically listed herein when authorized by the zoning hearing board according to procedure."

However, the zoning hearing board's finding of facts and conclusions states that storage firms are specifically listed under its provisions for light industrial or L-1 districts, which excludes it from consideration as "a similar use" in a C-2 commercial district.

Under the township's ordinance, the L-1 Light Industrial District is a "lower" classification than the C-2 General Commercial District.

The reference to zoning classifications as "higher" or "lower" represents a scale in which residential and lower densities are classified as "higher" and commercial and industrial or higher densities are classified as "lower."

"If a given use is not listed as permitted in one zoning classification, but is permitted in a lower classification by specific reference, it is fair inference that the use was considered and intentionally excluded from a higher zone," the board said in its conclusion of law document.

"Since a storage firm is listed in a lower-use classification, it is concluded that the use was intentionally excluded from the higher zone and not permitted in a C-2 General Commercial District by the Ordinance."

Storage of America proposed 88,000 square feet of storage space divided into 800 units.

Cameras with feeds to phones of the company officials out of state would be the primary security method.

Concerns that a remotely monitored storage facility could become a nexus for crime, pose safety hazards including fire, and thwart potential for entertainment or big box retail business to move in and provide more jobs and value for the mall rose to the top of questions and statements made during the April hearing by tenants of the Galleria.

The zoning hearing board's conclusion reflected those concerns.

"The proposed use would substantially impair the appropriate use or development of adjacent properties, including, but not limited to, the Galleria Mall," the board concluded. "Competent evidence was presented that the proposed use would substantially interfere with the development or continuation of the commercial structures and uses in the district."

Storage of America has 30 days to file an appeal with the Cambria County Court of Common Pleas.

After the board's decision Tuesday, Storage of America Vice President of Development Thomas Fitzpatrick said the company would explore its options, including appealing the zoning hearing board's decision in hopes that a higher court will overturn it, or selling the property.

"We'll have a board meeting and decide which direction we are going to go," he said. "Usually, we pursue legal options first."

Storage of America purchased the Sears building through an online auction in September. Usually, the company works to secure zoning approvals prior to purchasing a property, but the limited window of time afforded by the online auction reversed that order, Fitzpatrick said.

Russ O'Reilly is a reporter for The Tribune- Democrat. Follow him on Twitter @RussellOReilly.