July 8, 2008 Zoning Hearing Board:
A variance is requested for the former Isimac machine shop in the industrial park to allow use as a church. The planning commission sent a letter opposing the request (because the church would remove industrial land from the tax base) The supervisors sent a letter stating that they decided not to express an opinion on the matter. Below is my personal opinion. I am not speaking for the board of supervisors.
I wish to express my opinion on this request from “Praise Christian Fellowship” to use this industrial property as a church building. I am not speaking for the Maidencreek board of supervisors. The “equitable owners” or prospective purchasers of this land want to use it as a church. The current land owner wants to sell the land and building. The chief reason we have zoning is to minimize the negative externalities of some business operations on the neighboring properties. This church is not likely to be engaging in an industrial process that releases unwanted toxic dust into the air. They are not likely to need extra processing of their waste water. In fact, the only negative externality likely for this church is some traffic, and that would occur at a time when their neighbors would be least affected.
This church may well teach its members to follow the “golden rule” and be self governing. The more people we have in our society that are self governing, the less need there is for civil government, at the federal, state and local level. And that would be a very good thing.
If this variance were granted, I suppose there is the slight possibility that other religious groups would ask for similar variances on nearby industrial land, transforming all our industrial space into some kind of metaphysical mall. However, I don't think that is a likely consequence, and a carefully worded decision on the variance could make it even less likely.
I think there is one major negative aspect to granting this variance, that is the removal of this land from the property tax base. I believe that is the chief reason the planning commission has not recommended granting this variance. From a tax base point of view, it would clearly be more ideal if this church went into another zoning district.
I think our time is characterized by a failure of government to give proper consideration to the property rights of the individual, in this case, the land owners. If this request for a variance is rejected, the land will have no value to “Praise Christian Fellowship” and the current land owner will have to find another buyer. The land will remain in the tax base, but at the cost of the property rights of two individuals.
Why is it that we are tempted to deny the variance? It is because the state legislature has chosen to use property tax as a method of funding government programs. This property tax is a vestige from our agricultural past. When the value of a property indicated the productivity of the property and for the most part the value of the property was proportional to the owner's ability to pay tax. The current property tax situation has low income farmers, and fixed income people paying large sums to government. It also gives our local government a financial interest in denying this variance request.
I ask myself the question, “Do two wrongs make a right?” The state legislature, has contemplated property tax reform for several terms. If Sam Rohrer's tax reform bill were passed in the last session, our local government may not have any financial incentive to deny this variance, and reduce the individual rights of these two Maindencreek land owners.
I think what we have here is a case of bad public policy on the part of the state legislature, that has the unintended consequence of putting you gentlemen on the horns of a dilemma. Do you deny the variance and financially benefit local government programs,or do you acknowledge and protect property rights and grant the variance?
I suspect your solicitor will advise you that Pennsylvania law allows you to either deny or grant this request. I would encourage you to grant the request, after all we just celebrated the anniversary of July 4th 1776 where our founding document states, “That to secure these rights, Governments are instituted among Men.” Removing the land from the tax base will make us all collectively just a little poorer, but denying individuals liberty to use their land, when there are such minor negative externalities, is a step toward making us all serfs.
I want you to know, what ever you decide on this issue, I appreciate your service to the community. Please when it comes time to decide this or any other issue, vote your conscience, and let whatever chips fall where they may.
The Decision:
The Zoning Hearing Board voted 3 – 0 to deny the variance request.
Free Book Offer:
Demand has caused me to order another case of books. I have copies of the Fredrick Bastiat book “The Law” available to Maidencreek residents. Email me if you want one.
Paid for by Roy Timpe