11/03/2026
NOTICE:
Continuance of the hearing held on 10/29. The continuance is set for December 10 at 6PM.
Notice is hereby given that on October 29, 2026, at 7:00 p.m., the Zoning Hearing Board of East Brandywine Township will hold a public hearing at the East Brandywine Township Building, 1214 Horseshoe Pike, Downingtown, PA 19335, to consider the application of James and Betty Jane McElya for property located at 531/535 Dilworth Road and 301 Jefferis Road, UPI No. 30-2-62, UPI No. 30-2-65, and UPI No. 30-2-62.2, situate in the R-2 Residential Zoning District.
Applicants appeal an Enforcement Notice issued by the Township, dated July 27, 2026, alleging violations of the Zoning Ordinance and/or Stormwater Management Ordinance including the existence of unpermitted accessory structures, accessory structures on vacant lots, unpermitted earth disturbance and new impervious surface, unscreened outdoor storage of materials, and the unlawful expansion of non-conforming use (kennel operations) based on a theory of variance by estoppel; or, in the alternative, Applicants appeal the Zoning Officer’s determination that a 500-foot setback applies and that the kennel use is a non-conforming use. In the alternative, Applicants request a special exception pursuant to Zoning Ordinance § 399-125 to permit the enlargement of the kennel use into an existing agricultural structure on a non-conforming lot; and a variance from Zoning Ordinance § 399-85.C(2) to provide relief from the 500-foot setback.
The public hearing procedures and standards set forth in § 399-142 of the Zoning Ordinance. The Zoning Hearing Board will apply the standards governing variance requests in § 399-144 and those governing special exceptions in § 399-145. Any person affected by the application may move to intervene at the public hearing. Applicants and any intervenors granted party status shall have the right to be represented by legal counsel of their choosing, at their sole cost, and shall have the right to present evidence to the Zoning Hearing Board. The public hearing is a formal legal proceeding and will be transcribed by a court reporter.
A copy of the application may be examined at the township building, 1214 Horseshoe Pike, Downingtown, PA, without charge or obtained for a charge not greater than the copying cost thereof. If you wish to attend the hearing and are a person with a disability requiring an auxiliary aid, service or other accommodation to participate in the proceedings or attend the hearing, please contact the Township Office (610-269-8230) to discuss how the Township can best accommodate your needs.
Eric M. Brown, Esquire
Solicitor, East Brandywine Township Zoning Hearing Board