Chairman Dane St. Clair convened the June 12, 2002 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Dane St. Clair, Scott Goldman, and Randall Wenger. Gary Lefever arrived at 8:10 p.m. Wilmer Burkhart was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor Steven Kraybill, Patrick Kissinger, Rob Quinlivan, Robert Sabol, Melissa Sabol, Jim Lutz, Ryan Black, Bena Montgomery, Keith Montgomery, Jenn Huhn, Anthony Huhn, Dianne Anne, Donald Rowe, Suzann Geib, Chris Geib, Cletus Bucher, Barbara Bucher, Gary Graber, and Jonathan Herr.

MINUTES APPROVAL: On a motion by Wenger, seconded by Goldman, the Board unanimously approved the minutes of the May 8, 2002 meeting as submitted.

POSTING, PROOF OF PUBLICATION AND NOTICE: The Zoning Officer confirmed the posting, notice, and proof of publication of the cases 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 hearings.

CASE #583, CLETUS BUCHER - VARIANCE (tabled from the May 8, 2002 meeting): The Chairman read the application received from Cletus and Barbara Bucher, 750 Snyder Hill Road, Lititz, PA 17543. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 204.5, pertaining to design standards in an R-1 Residential Zone. The applicant would like to subdivide a lot from his property, creating a nonconforming lot due to the lack of public utilities.

The Zoning Officer stated that this case was tabled at the Zoning Hearing Board's May 8, 2002 meeting. He explained that the applicant appeared before the Warwick Township Municipal Authority, Planning Commission, and Board of Supervisors to present his request and obtain input regarding the proposal from the respective bodies. He submitted a copy of a letter dated June 6, 2002 that was sent to the applicant by the Township Manager. The letter indicates that the Board of Supervisors conditionally approved the request for a Waiver under Section 602.2.B pertaining to the requirement to extend public water to all new subdivisions.

Cletus Bucher was sworn in. The Chairman inquired whether anyone wishes to become a party to this case. No one present indicated their desire to become a party to the case. Bucher testified that he purchased their lot in 1974 to build their current home. He explained that they subsequently purchased an additional area that he thought was a separate buildable lot. He explained that approximately seven months ago his daughter and son-in-law asked if they could construct a home on the lot and when he contacted Township office to discuss the proposal, he was advised that the area he purchased was added-on to the lot he purchased in 1974; therefore it is not a separate deeded lot. He stated that he discussed what needed to be done in order to subdivide the lot and was advised that the lot would need to be served by public water and sewer services. He noted that the sewer line ends at the area he would like to subdivide; however, the public water line ends approximately three homes from his lot. He explained that the Warwick Township Municipal Authority advised him that, in accordance with Ordinance requirements, he would need to extend the water line through these lots to serve his proposed lot. He added that he was shocked to learn that it would cost $16,000 for the work to be completed. He explained that he requested a Waiver of the requirement to extend the water line, and to permit the new home to be served by an on-site well. He stated that he is agreeable to the conditions imposed by the Township for the Waiver approval. The Zoning Officer explained that none of the homes within this section of the development are served by public water since this area of the Township is served only by a pressurized system. He noted that this system does not currently have sufficient pressure to serve all of the these homes which is why the Board of Supervisors considered the Waiver request. He outlined the conditions imposed by the Board of Supervisors for the benefit of those present. The Zoning Officer noted that the new lot would be served by public sewer.

The Chairman inquired whether anyone present wishes to comment on this case. No one indicated their desire to comment on the case. On a motion by Goldman, seconded by Wenger, the Board voted unanimously to grant a Variance under Section 204.5 contingent upon the applicant complying with the Conditions imposed by the Board of Supervisors' for approval of a Waiver of Section 602.2.B (reference letter from Township Manager, dated June 6, 2002).

CASE #585, ROBERT AND MELISSA SABOL - SPECIAL EXCEPTION/VARIANCE: The Chairman read the application received from Robert and Melissa Sabol, 62 Front Street, Lititz, PA 17543. The applicant is the owner of the property located at 260 Whitney Lane, Lititz. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 202.3.B, pertaining to a Home Occupation in a Rural Estate Zone. The applicant would like to operate a Beauty Salon from their new home. The applicant is also requesting a Variance of Section 434.F to sell the hair care products she uses in her business.

Robert Sabol and Melissa Sabol were sworn in. The Chairman inquired whether anyone wishes to become a party to this case. No one present indicated their desire to become a party to the case. M. Sabol testified that she wishes to operate a small salon in their existing home. She explained that she intends to conduct the business approximately 10-15 hours per week. She noted that business would be operated only two days per week, and occasionally on Saturdays. R. Sabol testified that the business would be operated in a 220 square foot portion of their basement (approximately of the total basement area). He estimated that the total square footage of the house is 2,400 square feet. R. Sabol stated that his wife currently works from 3:00 p.m. to 9:00 p.m. on Wednesdays, and from 9:00 a.m. to 12:00 p.m. on Saturdays. M. Sabol stated that she would be the only individual working at the salon. R. Sabol stated that two cars could fit in the available parking area on the lot. M. Sabol stated that she would like permission to sell hair care products to her customers and testified that she would not accept walk-in customers. The applicants addressed the criteria under Section 434 of the Zoning Ordinance (Home Occupations). R. Sabol testified that they intend to place a small sign under their mailbox to indicate the salon business. He confirmed that the sign would comply with the size requirement under the Ordinance (2 square feet).

On a motion by Wenger, seconded by Goldman, the Board voted unanimously to grant a Special Exception under Section 202.3.B for operation of a beauty salon, and voted unanimously to grant a Variance of Section 434.F to permit the sale of hair care products to the applicant's clients.

CASE #587, DIANNE ANNE - SPECIAL EXCEPTION/VARIANCE: The Chairman read the application received from Larry and Dianne Anne, 1500 Rothsville Road, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 504.1, pertaining to an expansion or alteration of a nonconforming use in an R-1 Residential Zone. The applicant would like to relocate a second living quarters from the detached garage to a modular unit. The applicant is also seeking a Variance of Section 504.1.B to exceed the allowable expansion if needed.

Anthony Huhn, Jenn Huhn, and Dianne Anne were sworn in. The Zoning Officer stated that he has been working with the applicant for approximately 1 year on this proposal. He explained that the applicants live in an existing dwelling on the property, and their daughter and son-in-law have been living in an accessory structure located on the property. He added that the applicants wish to place another home on the property for their daughter and son-in-law and convert the accessory structure into a garage. He stated that the accessory structure was used as a living quarters by the individuals who owned the home prior to the Annes. Anne testified that they have lived on the property approximately 20 years.

The Chairman inquired whether anyone wishes to become a party to this case. No one present indicated their desire to become a party to the case. The Zoning Officer was excused to contact one of the absent Board members to inquire whether or not they were available to attend this evening's hearing to provide a quorum for Case 586.

Anne testified that she needs her daughters help with day-to-day activities due to health problems. She explained that if the proposed use is not approved and her daughter and son-in-law need to move, they would also need to move, and they do not wish to move from their home. Anne clarified that the accessory structure serves as only a bedroom for her daughter and son-in-law, and is not a separate living quarters. A. Huhn explained that the area was previously used as a storage and they converted it into a bedroom. He added that there is not a kitchen or any plumbing in the accessory structure. Anne testified that she discussed the issue with her neighbors and they did not have any objections to the proposal. She added that they intend to blend the new home with the existing buildings on the property. She noted that the property contains approximately 1 acre of land. A. Huhn stated that the existing accessory structure is approximately 10' from the western property line and explained that the proposed home would not be any closer to the property line.

The Board inquired whether this case should have been advertised as more than one principal use on a lot, rather than an expansion or alteration of a nonconforming use. The Zoning Hearing Solicitor explained that since the intended use of the property is for a second living quarters, the advertisement is valid; therefore, the Board could act on the case as a second principal use on the lot. Anne testified that the proposed home would be connected to public water and public sewer. The Board briefly discussed the validity of the case as advertised. The Board reviewed the criteria under Section 308 of the Zoning Ordinance pertaining to erection of more than one principal use on a lot. The applicant would require Variances to this section of the zoning ordinance also since it requires that all lot and yard requirements be met for each structure as though it were on an individual lot. The proposal would not meet the appropriate lot frontage requirements and would require further review of the other standards of the Ordinance. St. Clair expressed the opinion that the Board would be unable to take action on the proposal this evening due to the additional review that would be required (setbacks, driveway access, etc.). On a motion by St. Clair, seconded by Wenger, the Board voted unanimously to continue the case until the Board's July 10, 2002 hearing.

The Zoning Officer returned to the meeting at 8:00 p.m.

CASE #586, LAMAR SIGNS - VARIANCE: The Chairman read the application received from LAMAR Advertising, 5953 Susquehanna Plaza Drive, York, PA 17406. The applicant is the consultant for Red Rose Transit, Warwick Devco LP, and Stobro Co. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 315.2.A.13, pertaining to signage on three bus shelters in the Community Commercial Zone. The applicant would like to install two bus shelters with advertisements on Peters Road and another bus shelter with advertisements on West Millport Road.

St. Clair announced that he will abstain from a decision on the Case due to a conflict of interest. Board member Gary Lefever arrived at 8:10 p.m. to provide a quorum for this Case.

Patrick Kissinger, representing LAMAR Advertising, was sworn in. The Zoning Officer explained that the issue being reviewed by the Zoning Hearing Board is the billboard advertising to be installed on the proposed bus shelters. He explained that bus shelters are permitted within the Community Commercial zone. He noted that the bus shelters along Peters Road would be across the roadway from each other and were approved as part of the Shoppes at Kissel Village Final Plan. Kissinger submitted digital photographs of the proposed bus shelter sites along Peters Road and the proposed bus shelter site along West Millport Road. He also provided photographs of similar bus shelter advertisements at other locations. Kissinger explained that his firm is working in conjunction with Red Rose Transit Authority (RRTA) to provide additional bus shelters throughout their service area. RRTA indicated that they could not afford to purchase, install, light and maintain the shelters that are needed; therefore, they sought proposals to provide lighted advertising displays on one side of the shelters. The revenue RRTA would receive for the advertising would cover the costs of the shelters and the ongoing maintenance costs. Kissinger stated that LAMAR advertising was selected to install the shelters, sell the advertising, and maintain the shelters. He noted that they have experience with this type of advertising in other Pennsylvania cities.

Jim Lutz, representing RRTA, stated that RRTA provides bus service to Lititz and determined that additional bus shelters are needed in this area. He explained that the County currently provides the full local costs of providing transit services throughout the county. He added that they intend to install shelters at over 100 locations throughout the county.

Robert Quinlivan, representing LAMAR Advertising, explained that the dimensions of the shelter are approximately 6'x9' with an overall height of approximately 9' high. He explained that plexiglass would be installed on three sides of the bus shelter (back and each side) and advertising would be placed on one side of the bus shelter. Quinlivan stated that the advertising would be a 4'x6' backlit display.

Donald Rowe, 18 West Millport Road, stated that individuals occasionally stand in his driveway to wait for a bus and inquired where is the location of the proposed bus stop along West Millport Road. Kissinger stated that the bus stop would be located in front of the Stauffers of Kissel Hill store.

On a motion by Goldman, seconded by Wenger, the Zoning Board voted unanimously to grant a Variance under Section 315.2.A.13 contingent upon approval of the location of the bus shelter along West Millport Road with Stauffers of Kissel Hill and upon Township staff's comments being addressed.

EXTENSION OF TIME FOR DOGWOOD VALLEY - CASE #576: The Zoning Officer explained that the applicant is the owner of the Dogwood Valley Development, located along Owl Hill Road, Lititz. The applicant was granted a Variance under Section 212.7 in order to extend the "Dogwood Valley" roadway across the floodplain to access Phase III of the development.

The Zoning Officer stated that the Zoning Ordinance provides a time limit of 6 months for work to begin following any approval by the Zoning Hearing Board. He explained that the applicant has requested an extension of time due to the need to obtain the necessary permits and approvals from the Township. On a motion by Wenger, seconded by Goldman, the Zoning Hearing Board unanimously approved an extension of time for Case #576 until June 12, 2003.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:30 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer