Mt. Lebanon Hospitality Suites, sharing a partnership with Kratsa Properties of Harmar, is seeking an Allegheny County Common Pleas Court judge to order the April 10 decision of the zoning board reversed. Mt. Lebanon Municipality, meanwhile, has filed a "notice of intervention" with the court to preserve its right to participate in the appeal. The zoning board per se has no attorney to represent its interest before the court, though one could be hired by the board.

Mt. Lebanon's Zoning Hearing Board on April 10 rejected a request by Kratsa Properties to waive provisions of the zoning code that require maximum building coverage be 50 percent of the lot area and maximum lot coverage 80 percent of the lot area. The proposed building exceeds the maximum 80 percent lot coverage by 2,039 square feet and exceeds the maximum building coverage by 5,794 square feet.

The property is located between 607 and 615 Washington Road.

"We want to participate in the appeal, to see what arguments are made," said Mt. Lebanon Solicitor James Roberts. "I was not present at the appeal, so in essence I will be hearing this for the first time. We want to be sure what is going on so that is why we filed our notice."

Mt. Lebanon Manager Steve Feller said in some cases there are petitions to settle such suits. Such a move would be possible in this case..

"We do believe it is a good project for the community. Settlement is always a possibility," Feller said.

In addition, the proposed hotel is would be located in the eventual TRID (transit oriented development) district neat the Port Authority "T" station. Final TRID districts still have to be approved. Developments within these areas would be eligible for TIF (tax increment financing)-like incentives.

The zoning ordinance, also known as "Chapter XX, Mt. Lebanon Code," was overhauled in a three-year process concluding with approval of changes in late September 2005. Several public hearings and workshops were held with the community beginning in 2003 and municipal zoning officers. In the end, municipal commissioners approved the changes by unanimous vote.

In September 2007, commissioners approved a sales agreement between the Mt. Lebanon Parking Authority (MLPA) and Mt. Lebanon Hospitality Associates (Kratsa Properties) for MLPA land on Washington Road next to the Howard Hanna building.

Kratsa wants to oversee construction of a 108-room hotel at the site. The sale price for just the parking lot is $450,000.

The sale agreement does not include the air rights above the Port Authority "T" station. The "air rights" are located in the area behind the proposed hotel and Parse Way.

Parse Way is an alley between Shady Drive East and Washington Road. This space can be developed separately, said MLPA Director Rich Sahar.

As the municipal code stipulates, over 100 parking spaces would be needed. Kratsa plans to include underground parking as part of the hotel development.