EAST BRANDYWINE TWP, PA — A Chester County court has ordered additional scrutiny of zoning variances previously granted for a proposed home at 840 Creek Road in East Brandywine Township, requiring local officials to establish whether the project satisfies Pennsylvania’s legal standards for construction on steep slopes.
The township’s Zoning Hearing Board will hold a second remand hearing October 21 at 7 p.m. to address an August 14, 2026, order from the Chester County Court of Common Pleas. The proceeding follows an appeal by parties who challenged the board’s earlier approval.
Property owners Drew and Sarah Geyer are seeking permission to construct a single-family residence and driveway on land within the township’s R-1 Residential Zoning District and Steep Slope Conservation District.
Their application includes a special exception to permit the residence and driveway within the conservation district, along with three variances involving slope disturbance and impervious surface coverage.
One variance would allow construction-related disturbance of areas with slopes of 25% or greater. The other two would permit impervious coverage exceeding the township’s limits of 5% within the Steep Slope Conservation District and 10% within the R-1 district.
Those restrictions govern development intensity on environmentally sensitive terrain, where grading and additional impervious surfaces can affect drainage and stormwater runoff.
The Zoning Hearing Board previously approved the requested relief, but protesting parties appealed the decision to the county court.
In its August 14 remand order, the court directed the board to enter findings of fact addressing each statutory requirement for variance relief under Pennsylvania’s Municipalities Planning Code, specifically 53 P.S. § 10910.2(a).
The requirement places the board’s earlier decision under continued review and makes the evidentiary basis for the variances central to the upcoming proceeding.
Pennsylvania’s variance standards require consideration of factors including whether a property presents unique physical circumstances, whether those conditions create an unnecessary hardship, and whether the requested relief represents the minimum necessary to address that hardship.
The board must also consider whether the hardship was created by the applicant and whether the proposed relief would alter the neighborhood’s essential character or adversely affect public welfare.
The October 21 hearing will focus on establishing findings addressing those statutory elements rather than treating the previous approval as a final resolution of the dispute.
The proceeding will follow East Brandywine’s public hearing procedures under Section 399-142 of its zoning ordinance, with variance standards governed by Section 399-144.
Affected individuals may seek permission to intervene in the hearing. Applicants and parties granted intervenor status may retain legal counsel and present evidence before the board.
The hearing is a formal legal proceeding and will be transcribed by a court reporter.
The public hearing will take place at the East Brandywine Township Building, 1214 Horseshoe Pike, Downingtown, PA 19335.
The application and court remand order are available for public examination at the township building without charge. Copies may be obtained for a fee not exceeding reproduction costs.
Individuals requiring disability accommodations may contact the township office at 610-269-8230.
The board’s findings following the remand hearing will determine how the previously granted zoning relief is addressed under the court’s order, with the proposed development remaining subject to the continuing legal proceedings.
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