Planning Commission Minutes - February 3, 2021  PRESENT: ABSENT: STAFF:  Chairwoman Nancy Moore and Member(s): Joe Becker and David' Volpe  Member(s): Diane Bernardo and Ed Andrulonis  Code Enforcement/Zoning Officer, Zac Lawhead; City Engineer/Public' Works Director, Chris Nasuti; City Solicitor, Toni Cherry; City Manager, John "Herm"  Suplizio; and Administrative Secretary, Bobbie Shaffer.  The meeting was called to order at 4:15 p.m. by Planning Commission Chairwoman, Nancy Moore. The motion was made by Becker and seconded by Volpe that the Planning Commission accept the  Approval of Minutes : January 6, 2021  minutes of January 6, 2021 as presented by the Administrative Secretary.  VOTE AYES: ABSTAIN: NAYS: MOTION PASSED: Visitor's Comments: None Old Business: None New Business:  Commission Members: Becker, Volpe and Chairwoman Moore  None None  3-0  Ryan/Kelly Ferut - 501 Orient Avenue, Rezoning Request  Mr. Ferut stated that he: and his wife are looking for office space for their insurance company. One oft the properties they were looking at was 501 Orient Avenue the old Church of Christ Church. He went ont to: say that theya are, goodi friends with the elders andi theyl liked thei idea. Hel has talked to Bill Kulbacki from PennSafe and his attorney. Hel knows he would need toi install ramps and they would have tol lose the yard in order to put in a parking lot. Hel believes the impact of their business would be substantially less than the church. They would only have two to three people in the office at at time. They are very interested in setting up a business in DuBois and helping the area grow. City Solicitor Cherry stated that thisi is a legal issue 50 she would take the lead on it. Mr. Ferut stated that his attorney and Mr. Lawhead who had previously declined their request, said they would have to talk to the Planning Commission. Solicitor Cherry asked what their Attorney said; theyr really had no answer. Solicitor Cherry said they as a couple cannot have the: zoning changed because the ordinance is not unconstitutional whichi is the only way an individual can have zoning changed. The City cannot ask fori it to be rezoned because iti is inaresidential: zone and to change it would be: spot rezoning which is illegal under the law. Toa ask for al Variance is not possible because the property is suited fora a residential district. To state thati itisanon.conforming usei is not possible as churches are: allowed everywhere. To request a conditional or special acceptance is not allowed in residential  districts.  Mr. Ferut asked what can you do with a church.    Planning Commission Minutes - February 3, 2021 (Cont'd.)  Solicitor Cherry stated that you turn iti into al house.  City Manager Suplizio thanked the City Solicitor for explaining whyt the City could noti find grant their request. He stressed to the Ferut's that the City tried every way they could think to accommodate Member Volpe asked if there was any other property they may be interested in. The Ferut's stated The motion was made by Volpe and seconded' by Becker that the Planning Commisionrecommend  your request and just couldn'ti find a way. they have another site they were looking at. that Council deny the request by Ryan/Kelly Ferut.  VOTE AYES: ABSTAIN: NAYS: MOTION PASSED: 3-0 Adjournment VOTE AYES: ABSTAIN: NAYS:  Commission Members: Becker, Volpe and Chairwoman Moore  None None  The motion was made by Becker and seconded by' Volpe that the Planning Commission adjourn.  Commission Members: Becker, Volpe and Chairwoman Moore  None None  MOTION PASSED: 3-0