Acting Chairman Dane St. Clair convened the January 8, 2003 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Dane St. Clair, Will Burkhart, Gary Lefever, Randall Wenger, and Scott Goldman. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Kevin Varner, Tim Eberly, Ken Carper, Jeff Tennis, Paul & Sandy Herr.

MINUTES APPROVAL: On a motion by Goldman, seconded by Wenger, the Board unanimously approved the minutes of the November 13, 2002 meeting as submitted.

ELECTION OF OFFICERS FOR 2003: The Chairman opened the nominations for Chairman and Vice-Chairman of the Zoning Hearing Board. On a motion by St. Clair, seconded by Goldman, the Board unanimously closed the nominations and elected Randall Wenger as Chairman of the Zoning Hearing Board. On a motion by St. Clair, seconded by Goldman, the Board unanimously closed the nominations and elected Gary LeFever as Vice-Chairman of the Zoning Hearing Board.

Chairman Wenger convened the meeting.

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 #599, PAUL & SAUNDRA HERR - VARIANCE: The Chairman read the zoning notice for the application received from Paul & Saundra Herr, 1157 E. Newport Road, Lititz. The applicants own this property that used to be home to Misty Blue Kennels, this kennel operation was closed in 1992 due to an illness. The applicants were seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 201.3.C to allow a Home Occupation in an Agricultural Zone. The applicants would like to operate an antique and art studio from their home. The applicants are also seeking a Variance of Section 434.F to allow the sale of the antiques they refurbish.

Paul Herr was sworn in. Herr indicated that he has been painting for sometime now and was interested in selling his paintings from a home studio. There was 10 parking spaces for the kennel operation that would be available for this studio. He would be only selling his own paintings and the antiques he will be selling are ones that Sandy buys, repairs or refurbishes. The Chairman read the criteria under Section 434 "Home Occupations" and Herr stated he can meet all criteria with the exception of Section 434.F which he is requesting a Variance from to sell the antiques. St. Clair asked for hours of operation. Herr stated that hour will be from 10 am to 4 pm, Tuesday through Saturday. Burkhart asked if a sign will be placed on the property. Herr stated that there will be a sign and it will meet the 2 sf requirement. St. Clair asked if the applicant would be willing to restrict clients to 10 a day, Herr was willing to limit clients to 10 a day.

The Chairman inquired whether or not anyone present wishes to be party or comment on this Case? No one present question the Board or the applicant. On a motion by St. Clair, seconded by Burkhart, the board voted unanimously to approve the request for a Special Exception under Section 201.3.C to allow the art and antique studio as a Home Occupation and a Variance under Section 434.F to allow the sale of antiques. The approval is granted contingent with the following conditions: hours of operation limited to 10 am to 4 pm, Tuesday through Saturday; limit of 10 clients per day and they can not consign antiques, they must be antiques they purchase.

CASE #600, SECHAN ELECTRONICS - SPECIAL EXCEPTION: The Chairman read the zoning notice for the application received from Sechan Electronics, 525 Furnace Hills Pike, Lititz. The applicant Sechan Electronics is owned by SEO Partnership of the same address. The applicants were seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 212.6.A to allow the expansion of a parking lot in a flood plain zone.

Kevin Varner, Diehm & Sons, representing the applicant, along with Tim Eberly & Jeff Tennis representing Sechan were sworn in. Varner indicated that the property is located in the I-1 Industrial Zoning District and the Flood Plain overlay District. The applicants would like to expand there parking lot by 40 to 50 parking spaces to take care of their immediate need and future growth. The applicant are amending the application adding the future growth area. Varner stated that the parking lot would require just the removal of topsoil and would not increase the height within the flood plain zone. LeFever inquired if the loading area was being changed. Eberly stated that be adding the parking facility and removing 5 parking spaces would allow for better turning circulation with the parking lot.

The Chairman inquired whether or not anyone present wishes to be party or comment on this Case? No one present question the Board or the applicant. On a motion by Lefever, seconded by St. Clair, the board voted unanimously to grant approval for the Special Exception under Section 212.6.A to allow the expansion of the parking facility within the flood plain zone. The board also approved the applicants request of an expansion of time to complete the future area until January of 2007.

CASE #601, KENNETH CARPER SR. - SPECIAL EXCEPTION: The Chairman read the zoning notice for the application received from Kenneth Carper, Sr. 840 Disston View Drive, Lititz. The applicant is seeking a Special Exception of the Warwick Township Zoning Ordinance under Section 503, for the expansion of a nonconforming use in an Agricultural Zone. The applicant was also requesting a Variance of Sections 201.5.D & F and 201.6.B.1 if the Zoning Hearing Board determined that the property was not a nonconforming use.

Kevin Varner, Diehm & Sons, representing the applicant, along with Ken Carper Sr. were sworn in. Varner indicated that the property is approximately 6 acres in size and is over the maximum permitted 2 acre residential lot size. The board agreed that the property is nonconforming and that the hearing could be heard under the nonconforming criteria. Varner explained that the applicant would like to add a half acre strip of land from the adjoining farm onto his tract. This strip of land is primarily wooded and would not take away prime farm land from the adjoining farm. Carper expressed concern that the plan the board had showed that all three lots currently owned were being joined together, it was not his wishes to do this for he would like to build a house on the six acre tract in the future. The Zoning Officer stated that in meeting with Diehm & Sons it was recommended that these properties be cleaned up due to the location of buildings on all three of the properties. Carper is willing to review this with Diehm & Son. Varner stated that the farmer is aware that his subdivision is a reduction in the number of building lots he would be able to subdivide.

The Chairman inquired whether or not anyone present wishes to be party or comment on this Case? No one present question the Board or the applicant. On a motion by Goldman, seconded by LeFever, the board voted unanimously to grant approval under Section 503 to allow the expansion of the nonconforming lot size.

OTHER BUSINESS: The Zoning Officer shared that Kenneth Kauffman is the new alternate to the Zoning Hearing Board.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:10 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer