MINUTES APPROVAL: On a motion by Goldman, seconded by Wenger, the Board unanimously approved the minutes of the June 12, 2002 meeting as submitted.

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 #587, DIANNE ANNE - SPECIAL EXCEPTION/VARIANCE (continued from June 12, 2002): The Chairman announced that the case is a continuation from the Board's June 12, 2002 zoning hearing. The Zoning Officer explained that, at last month's meeting, the Board had indicated that the application should be considered under Section 308 of the Zoning Ordinance (pertaining to erection of more than one principal use on a lot) rather than Section 504 (alteration of a non-conforming use). He submitted additional information pertaining to the request for a Variance of a second principle use. He explained that the applicant will need a Variance of Section 308 since the proposal does not meet the lot and yard requirements of the R-1 zone as required by the Ordinance. The proposal would need a Variance of Section 204.5 (pertaining to design standards in the R-1 zone) for the frontage requirement (200' needed), rear yard requirement for the existing home (35'), side yard setback for the proposed home (15'), front yard requirement for the proposed home (40'), and also that each of the proposed uses is required to have 15,000 square foot areas. The Zoning Hearing Solicitor explained that if the Board grants the requested Variances under Section 204.5, then a Variance of Section 308 would not be needed.

The Chairman inquired whether or not the applicant has any additional comments for the record. The applicant indicated that she has no additional testimony to offer. The Chairman announced that Gary Lefever was not present for the testimony offered for this case at last month's meeting. Lefever explained that he reviewed the minutes for last month's meeting to familiarize himself with the case. The Chairman inquired whether or not the applicant would object to Lefever rendering a decision on the case, although he was not present for the original testimony. The applicant indicated that she has no objections to Lefever rendering a decision on the case.

The Chairman inquired how wide is the lot. A. Huhn stated that the lot is approximately 60' wide. The Zoning Officer stated that the applicant and he discussed the option of constructing an addition to the existing home; however, due to the layout of the property, vehicular movement would be restricted at this area. He noted that the proposal would require removal of the existing barn. The Zoning Officer explained that the property consists of approximately 1 acre. The Chairman inquired if the applicant would agree to a condition being placed on any approval stating that at the time the property is sold, or if it is no longer used by immediate family, the modular unit must be removed from the property. Anne responded that she would be agreeable to the condition. On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant a Variance under Section 204.5 of the Zoning Ordinance contingent upon the modular unit being removed upon sale of the property or if the unit is no longer used by immediately family, and also that the modular unit not be used for rental purposes at any time.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Zoning Officer explained that the Township is requesting a volunteer to serve on the Regional Advisory Council to the Lancaster County Housing and Redevelopment Authorities. He stated that the Advisory Council would hold consecutive weekly meetings during August and September to review grant applications for County funding within this region. He added that the Township will be submitting an application for a Community Development Block Grant for the water line extension into the Brunnerville area.

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