Chairman Dane St. Clair convened the November 13, 2002 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Wilmer Burkhart, Randall Wenger, Gary Lefever and Scott Goldman. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, James Wenger and Chris Brown-Derck & Edson Associates, Tim Diehm-Diehm & Sons Surveyors, Vernon Martin, Steve Moore, Glenn & Marge Steffen, Rick Haller, Ken Litzenberg, Darrell Brubaker, Mark, Brenda and Tiffany Lausch, Grace & Elma Martin, Richard Schreiber, Dale & Kathy Stoltzfus, Tim Dennis and Wade Hartz.

MINUTES APPROVAL: On a motion by Wenger, seconded by Goldman, the Board unanimously approved the minutes of the October 9, 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.

The Chairman indicated that the applicant for Case #598 has withdrawn his application for a Special Exception.

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

CASE #596, GRACE Z. MARTIN - VARIANCE: The Chairman read the zoning notice for the application received from Grace Z. Martin, 940 Log Cabin Road, Leola, PA 17540. The applicant is the owner of a vacant lot located at the intersections of Rothsville Road and Edgewood Drive in Rothsville, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 205.5, pertaining to Design Standards in a R-2 Residential Zone. The applicant would like to subdivide the half acre lot into two residential single family lots.

Tim Diehm, Diehm & Sons, representing the applicant, was sworn in. Diehm indicated that the property is just under one/half acre in size. Prior to the last township rezoning, the property was zoned Commercial. It is presently zoned R-2 Residentail. The applicant is requesting a variance for minimum lot size for single family lots. The minimum lot size required is 10,000 sq. feet. The proposed lots would utilize, 8684 sq. ft. and 9,250 sq. feet. The minimum front yard setback required is 40 feet, the proposed setback along Edgewood Drive is 30 feet. Diehm is amending the zoning request to also include a reduced front yard setback along Rothsville Road. The requested variance would allow for two (2) single family homes. The Chairman indicated that if the Variance is not approved, duplex units or townhomes would be allowed by right. The Chairman inquired whether or not everyone understood the request.

The Chairman inquired whether or not anyone present wishes to be a party to the Case or comment on the Case. The Solicitor explained the meaning of becoming a "party" to the Case. Glenn & Marge Steffen, 1 Hurst Blvd.; Steve Moore, 4 Hurst Blvd.; Richard Schreiber, 11 Paddock Drive; Darrell Brubaker, 3 Hurst Blvd.; and Timothy Dennis, 1610 Rothsville Road stated their intent to become parties to the hearing.

On a motion by Lefever, seconded by Goldman, the board voted unanimously to grant approval for a Variance requested under Section 205.5 to subdivide a lot into two lots to allow for two (2) single family homes in the R-2 residential zoning district. The Variances approved are Lot 6A to be reduced from 10,000 sf to 8684 sf; Lot 6B reduced from 10,000 sf. to 9250 sf; front yard setbacks to be reduced from 40' to 30' on both lots, 6A and 6B; and maximum density to be increased on both lots from 4.0 du/ac to 4.39 du/ac.

CASE #597, RICHARD HALLER - VARIANCE: The Chairman read the zoning notice for the application received from James Wenger, consultant for the owner of the property located at 1007 Log Cabin Road, Leola, PA. The owner of the property is Rick Haller, 1025 Clearview Avenue, Ephrata, PA 17522. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 201.8,D.2.a to allow for an accessory structure to be in the front yard setback and Section 201.8.D.2.d to allow for an accessory structure to be 34' high in the Agricultural zoning district. Wilmer Burkhart stated his intention to abstain from participating in this case.

James Wenger, Derck & Edson Associates, consultant for the owner was sworn in. Wenger presented a plot plan for the property in question, as well as front, rear and side elevations and floor plans for the proposed structure. Wenger explained that the building has been designed to complement the existing residence, to minimize the visual effects of the structure, and size of the structure will not permanently impair the view from the surrounding neighbors. Wenger stated that the design is in character with the existing neighborhood structures. The structure is intended to be used as a garage and for storage.

The Chairman inquired whether or not anyone present wished to comment on the Case or become a party to the case. Dale and Kathy Stoltzfus indicated their intent to become a party to the case. On a motion by Wenger, seconded by Lefever, the board voted unanimously to approve the request for a Variance under Section 201.8.D.2.a to allow for an accessory structure to be placed in the front yard and Section 201.8.D.2.d to allow for the structure to be 34' high. The approval is granted contingent with the following exception: that the accessory structure may not be placed within the 50" front yard setback from Log Cabin Road.

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