Acting Chairman Wilmer Burkhart convened the February 13, 2002 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Wilmer Burkhart, Dane St. Clair, Gary Lefever, Randall Wenger, and Scott Goldman. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Jeff Risser, David Deckard, Brian Warfel, Curvin Hoover, and Laverne Hoover.

MINUTES APPROVAL: On a motion by St. Clair, seconded by Wenger, the Board unanimously approved the minutes of the December 12, 2001 meeting as submitted.

ELECTION OF OFFICERS FOR 2002: The Chairman opened the nominations for Chairman and Vice-Chairman of the Zoning Hearing Board. On a motion by Wenger, seconded by Goldman, the Board unanimously closed the nominations and elected Dane St. Clair as Chairman of the Zoning Hearing Board. On a motion by St. Clair, seconded by Burkhart, the Board unanimously closed the nominations and elected Randall Wenger as Vice-Chairman of the Zoning Hearing Board.

Chairman St. Clair convened the meeting.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Zoning Officer confirmed the posting, notice and proof of publication of the case to be heard at this evening's hearing.

HEARING PROCEDURES: For the benefit of those present, the Zoning Hearing Solicitor explained the procedure to be followed for the evening's hearing.

CASE #577, CURVIN HOOVER - VARIANCE: The Chairman read the application received from Curvin Hoover, 1017 Handsome Place, Lititz, PA 17543. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 323.C, pertaining to a required rear yard setback on a flag lot in the Agricultural Zone. The applicant would like to subdivide the existing three acre tract into two lots creating a flag lot. The applicant needs relief along one lot line from the required 35' to 25' due to the location of the existing house.

Curvin Hoover was sworn in. Hoover testified that they wish to subdivide an approximate 1.824 acre tract from the existing property to construct a new home. He explained that the existing home would be sold to his daughter and son-in-law. Hoover explained that they are requesting a Variance of 13' since the existing home is only 22' from the rear property line. The Zoning Officer explained that the lot was conforming since it actually fronts along Clay Road, although the access to the lot is located on Handsome Place. He added that the home previously met all of the setback requirements since the portion along Handsome Place was considered a side yard. He explained that with the creation of the flag lots, all sides of the property become rear yards. The Zoning Officer stated that Township staff recommended a shared driveway to serve both lots in order to reduce the number of access points along Clay Road. He noted that lot 1 of the plan would meet all of the requirements of the Ordinance. The Board agreed that the shared access along Handsome Place is preferable over an access point along Clay Road at this location. Hoover testified that he discussed the proposal with the neighboring property owners and they were all agreeable to the proposal.

The Chairman inquired whether or not anyone present wishes to comment on the case. No one present indicated a desire to comment on the case. The Chairman noted that the proposal would require Conditional Use approval in order to construct a single-family dwelling in an Agricultural zoning district. On a motion by Wenger, seconded by Burkhart, the Board unanimously approved a Variance of Section 323.C to permit a rear yard setback of 22' for the existing home.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:20 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer