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West Penn, farm stand seek agreement

The owners of a business in West Penn Township may not have to appear in Schuylkill County Court after all.

That's after the township's board of supervisors agreed recently to try to resolve the matter with Steven and Valerie Dunn.The couple owns Dunn's Family Market, where it has a farm stand at the intersection of routes 443 and 309 commonly referred to as Leiby's intersection.Board solicitor Holly Heintzelman said the couple is currently scheduled to appear in county court April 27.Supervisors Chairman Jim Dean said the township has discussed the matter with the couple on many occasions and that they need to follow the rules.The issue is over prior enforcement action with regard to the couple's farm stand, which is located in a Highway Commercial Zoning District.Heintzelman said the Dunns were previously cited by the township zoning/code officer for having numerous plants and display items at their stand beyond the areas agreed to by the parties.She said the issue pertains to enforcement action filed against the couple for merchandise placed in the road right of way; the need to delineate the parking spaces; that they will not expand the use without getting further approvals; and that they've been advertising for a gift shop, which is a new and expanded use.A hearing on an appeal filed by the Dunns was scheduled to go before the township's zoning hearing board in December.However, the matter was dismissed at that time due to lack of jurisdiction after it was determined that the zoning board was not the proper party to hear it.