Chairman Dane St. Clair convened the October 9, 2002 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Randall Wenger and Scott Goldman. Wilmer Burkhart and Gary Lefever were absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Charles Border, Kevin Verner, Brian Bears and Michael Pfautz.

MINUTES APPROVAL: On a motion by Wenger, seconded by Goldman, the Board unanimously approved the minutes of the September 11, 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 #593, CHARLES BORDER - VARIANCE: The Chairman read the zoning notice for the application received from Charles Border, 15 Silver Creek Road, Lititz, PA 17543. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 205.5 pertaining to Design Standards in a R2 Residential Zone. The applicant would like to build a second floor deck and will encroach into the required 35' setback by 10'.

Charles Border was sworn in. Border stated his desire to build a second floor deck attached to his bi-level home. Mr. Border indicated that there has been no objection from the neighboring property owners.

The Chairman inquired whether or not anyone present wishes to comment on the Case. A Brian Beears, neighbor to the property in question indicated he would like more detail. The Zoning Officer explained that the deck would eliminate the existing stairs which take up one-fourth of the patio surface at this time.

On a motion by Goldman, seconded by Wenger, the board voted unanimously to grant the Variance requested under Section 205.5 to build a second floor deck which will encroach on the required 35' setback by 10'.

CASE #594, MICHAEL PALASZ - VARIANCE: The Chairman read the zoning notice for the application received from Michael Palasz, 4 Toll Gate Road, Lititz, PA 17543. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 207.6A, B & C, pertaining to a parking lot setback along a front, side and rear yard, and Section 207.13.B pertaining to a landscaping strip along a front yard setback in a Community Commercial Zone. The applicant would like to build a second structure and an addition on his property and would like to extend the existing front parking lot along the existing right of way line and a 15 foot landscape strip.

Kevin Varner, Diehm & Sons, representing the applicant, was sworn in. Varner presented an Existing Features Plan to the Board which illustrates the existing structures and surrounding area. Varner explained that the property which is subject to the hearing, is currently owned by Michael Palasz and utilized as Lititz Orthodontics. The property in question is actually situated on three properties owned by Mr. Palasz. Varner indicated that the property owner desires to merge property lines and create 2 lots from the 3 since the lots are small and restrictive. The addition is proposed for Lot 7, with a new building proposed for Lot 6. Parking areas will be extended at the existed building along the site frontage. The sketch plan provides for a possible future water boosting station. Varner stated that the requested variance will allow for reasonable parking facilities for both lots. Public water and sewer are available on the site. Michael Palasz, owner of the property was sworn in. Palasz testified that with the additional parking spaces, there would be spaces for hygienists, the doctor, office staff, patients in the chairs and patients who are waiting. In order to do the addition, there must be additional parking available.

The Chairman inquired whether or not anyone present wished to comment on the Case. On a motion by Wenger, seconded by Goldman, the board voted unanimously to approve the request by Michael Palasz for a Variance to Section 207.6.A, B & C and Section 207.13.B to provide for expansion of the existing orthodontic practice and extension of the parking area and landscape strip.

CASE #595, MICHAEL PFAUTZ - VARIANCE: The Chairman read the zoning notice for the application received from Mike Pfautz, 143 Chestnut Street, Lititz, PA 17543. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 204.6B, pertaining to an accessory building maximum height in a R-1 Residential Zone. The applicant would like to relocate a historic barn from Clay Road to his property on Chestnut Street.

Michael Pfautz, applicant, was sworn in. Pfautz indicated that he became aware that this particular historic barn was slated for demolition. He would like to tear down the barn and reconstruct it on his property. The barn height is 37 feet while the maximum allowed height is 20 ft. It is his intention to use the existing materials as much as possible. The barn will be used for personal vehicle and property storage. There was a barn and tobacco shed on the property previously.

The board inquired as to whether or not there had been objection from his neighbors. Pfautz stated that on neighbor expressed concern about view, but was not completely objectionable.

The Chairman inquired whether or not anyone present wished to comment on the Case. On a motion by Goldman, seconded by St. Clair, the board unanimously approved the request to grant a Variance under Section 204.6.B to allow for the reconstruction of a 37' high historic barn on his property.

EXTENSION OF TIME FOR ROY ZIMMERMAN: The Chairman presented a request for a time extension for the Variance decision for the Roy Zimmerman subdivision. The board approved the time extension request until May 8, 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