Vice-Chairman Randall Wenger convened the September 11, 2002 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Randall Wenger, Wilmer Burkhart, Scott Goldman, and Gary Lefever. Dane St. Clair was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Mark Johnson, Timothy Martin, James Teller, Lisa Walton, Doug Snavely, Shannon Snavely, and Jerry Snavely.

MINUTES APPROVAL: On a motion by Burkhart, seconded by Goldman, the Board unanimously approved the minutes of the August 14, 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 #590, JAMES TELLER AND LISA WALTON - VARIANCE: The Vice-Chairman read the zoning notice for the application received from James Tell and Lisa Walton, 2352 Fruitville Pike, Lancaster, PA 17601. The applicants are the owners of the property located at 115 Millwyck Road, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 203.9.B, pertaining to the twenty (20') foot maximum accessory building height in a Conservation Zone. The applicant would like to build a detached garage and is requesting a six (6') foot relief.

James Teller and Lisa Walton were sworn in. Walton provided a copy of the house plans for the Board’s review and information. She testified that the house plans illustrate their existing attached garage, and their intent is that the attached garage and detached garage match in architectural design. She noted that both structures are three-car garages. Teller testified that the detached garage is being constructed across the driveway from the attached garage. Walton testified that the existing home is approximately 34' in height, and the attached garage is 26' in height. She added that the attached garage is 30' x 36'. The Board inquired how the second story of the detached garage would be used. Walton testified that the second-story of the attached garage contains a bedroom; however, there would be no useable space above the detached garage since roof trusses are being used. She noted that the design of the detached garage is solely for aesthetic purposes. Burkhart inquired what is the distance to the nearest home. Teller indicated the location of the nearest dwelling to their home for the benefit of the Board, and estimated that the closest distance is approximately 600'. He noted that the developer of the lot (Robert Wohlsen) is agreeable to the proposal.

The Vice-Chairman inquired whether or not anyone present wishes to comment on the Case. No one present indicated their desire to comment on the Case. On a motion by Lefever, seconded by Goldman, the Board voted unanimously to grant a Variance under 203.9.B as requested to allow the construction of the detached garage at an elevation of 26'.

CASE #591, TIMOTHY AND ERLA MARTIN - SPECIAL EXCEPTION/VARIANCE: The Vice-Chairman read the zoning notice for the application received from Timothy and Erla Martin, 927 Rabbit Hill Road, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 204.3.B, pertaining to the keeping of livestock in a R1 Residential Zone. The applicant would like to keep horses on their 4.5 acre tract. The applicant is also requesting a Variance of Section 443.C to allow the stable to be in the front yard due to the location of the home to the rear of the property.

Timothy Martin was sworn in. Martin testified that their neighbor would actually like to keep a horse on the property and added that he may purchase a pony in the future for his daughters. He indicated the location of his home and the layout of the property for the benefit of the Board. He explained that the home is located to the rear of the lot and explained that the stable would be located near the existing orchard on the property.

He explained that the structure would used as a run-in shed for the horses to escape inclement weather and added that the area would be surrounded by a fence. Martin testified that the shed will be approximately 110' from Rabbit Hill Road. The drawing submitted by the applicant illustrates that the shed would be approximately 140' from the closest property line. He stated that he discussed the issue with both of his neighbors and they are agreeable to the proposal. He noted that his neighbors to the west previously had horses on their property. Wenger inquired how the animal waste would be stored or disposed. Martin testified that he could use some of the animal waste on his gardens and any that can not be used on the property would be delivered to his neighbor’s farm. The Zoning Officer stated that although the animals would be fenced in the front yard, the Ordinance has no stipulations against a pasture area being located in the front yard. He explained that the only issue that the Board needs to consider for the Variance is the location of the run-in shed.

The Vice-Chairman inquired whether or not anyone present wishes to comment on the Case. No one present indicated their desire to comment on the Case. On a motion by Goldman, seconded by Wenger, the Board voted unanimously to grant a Special Exception under Section 204.3.B as requested, and to grant a Variance of Section 443.C to allow the run-in shed to be located within the front yard of the property as indicated by the property owner.

CASE #592, SNAVELY’S MILL - SPECIAL EXCEPTION: The Vice-Chairman read the zoning notice for the application received from Doug Snavely, 333 Snavely Mill Road, Lititz, PA 17543. The applicant is a partner at Snavely’s Mill. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 212.6.A, pertaining to the construction of a parking lot, access drives and loading areas in a Floodplain Zone.

Mark Johnson, representing RGS Associates, and Doug Snavely were sworn in. Johnson testified that the Snavely’s Mill property contains approximately 23 acres, and of this, approximately 8 acres is the subject of the zoning hearing. Johnson stated that the property is historic in nature and explained that the mill was previously operated by a mill race that flowed through the property to operate the actual mill. Subsequently, this area was filled in and is no longer used as part of the operation. He noted that the Township previously approved a proposed building on the site and also a proposed building addition. Johnson testified that a Land Development Plan has been submitted for the current proposal. He explained that a floodplain study has been conducted as part of the proposal. He stated that the previous conditions and route of the stream were reviewed as part of the study to determine the flood elevations, and this information was compared to the post-filling conditions to determine those flood elevations. He explained that the floodplain study reveals that some areas of the stream were reduced in elevation; however, in one area there was a slight increase of 0.8'. He noted that the floodplain area meets the previous elevations at the property line, and added that any increase in the floodplain elevation occurs solely within the property. Johnson testified that the floodway area of the property has not been filled, only the floodplain areas. Johnson stated that they are proposing to add stone to the site as part of the Land Development Plan and explained that the applicant wishes to pave over an existing stone driveway area. He noted that the proposal includes the removal of stone in a specific area so there is no net increase of the amount of stone or impervious area that would be within the floodplain. Johnson addressed Section 212.10 of the Zoning Ordinance, pertaining to the application procedures for the Special Exception.

Snavely detailed the current and proposed vehicular movement on the site for the benefit of the Board. The Zoning Officer inquired whether or not the floodplain delineation is based on the FEMA map or is based on the site determination. Johnson explained the delineation is based on the on-site study. Johnson indicated the location of the floodplain as delineated on the FEMA map. The Zoning Officer explained that under the existing FEMA map, the work being proposed is within a floodplain; however, the applicant has indicated that they will submit the appropriate paperwork to FEMA to revise the floodplain in this area.

The Vice-Chairman inquired whether or not anyone present wishes to comment on the Case. No one present indicated their desire to comment on the Case.

On a motion by Burkhart, seconded by Goldman, the Board voted unanimously to grant a Special Exception under Section 212.6.A as requested.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:50 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer