Chairman Randall Wenger convened the May 14, 2003 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Randall Wenger, Dane St. Clair, Wilmer Burkhart, Scott Goldman, and Kenneth Kauffman. Gary Lefever was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor George Cook, Kenelm L. Shirk, III, Esquire, Kevin Varner, Norm Weaver, Daryl Weaver, Kim Weaver, Mike Garman, Tim Johnson, Kathy Johnson, Evan Zimmerman, Jon Howland, Matthew Plant, and David Stauffer.

MINUTES APPROVAL: On a motion by Burkhart, seconded by Kauffman, the Board unanimously approved the minutes of the April 9, 2003 meeting as submitted. St. Clair abstained from action on the minutes since he was not present at the meeting.

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 #608, GARMAN BUILDERS-VARIANCE: The Chairman read the zoning notice for the application received from Garman Builders, 471 North Reading Road, Ephrata, PA 17522. The applicant is the equitable owner of a tract of land located along Snavely Mill Road, owned by Ivan Zimmerman, 126 Snavely Mill Road, Lititz. The applicant will be represented by Kevin Varner, Diehm & Sons, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 204.5, pertaining to minimum lot widths and side yard setbacks in an R-1 Residential Zone. The applicant would like to subdivide the split-zoned tract into 8 lots and needs relief for 3 lots proposed in the R-1 Residential zone.

Kevin Varner, Diehm & Sons, was sworn in. Varner testified that the tract contains approximately 40.6 acres located along Snavely Mill Road and Firestone Road. He explained that the tract is bisected by Snavely Mill Road and added that 13 acres are situated on the south side of Snavely Mill Road and 27.6 acres are situated on the north side of the roadway. He explained that Snavely Mill Road is divided by the municipal boundary line between Warwick Township and Elizabeth Township and noted that the Zimmerman’s existing home is located on the north side of the roadway (in Elizabeth Township). He added that the owners wish to retain this tract. In addition, the "southern" portion of the tract (in Warwick Township) is divided by the zoning line between the R-1 Residential and Rural Estate zoning districts.

The Zimmerman’s intend to sell the "southern" portion of the tract to Garman Builders who wish to subdivide 8 single-family lots on the tract. Varner noted that no new improvements are proposed on the "northern" tract. He explained that lot 1 through lot 5, which are located within the Rural Estate zoning district, would be served by on-lot septic systems. He stated that lot 6 through lot 8 would be served by the public sewer system. He noted that public water is not available to this area; therefore, all of the lots would be served by on-lot wells. Varner explained that they conducted a well study to verify a potable water source to serve the lots. He stated that lot 6 through lot 8 would require approval of a zoning variance for the minimum lot frontage and the minimum side yard setback. He explained that the R-1 zoning district permits 100' lot frontage for properties served with both public sewer and public water, and requires 280' lot frontage for properties that are not served with both utilities. He noted that the 280' lot frontage requirement provides for in-fill development if the lots are served by both utilities in the future; however, this plan proposes to restrict further development of all of the lots. Varner stated that Township staff has indicated that there are no plans to extend public water to this area in the future. He explained that lot 6 would have 105' of frontage, lot 7 would have 123' of frontage, and lot 8 would have 246' of frontage along Snavely Mill Road. In addition, the applicant is requesting to reduce the required side yard setback for the three lots from 140' to 25'. The Zoning Officer presented the plan illustration for the benefit of those present and detailed the proposed lot layout. He also provided background

on the requirements of the Zoning Ordinance. Goldman inquired what is the justification for the side yard setback reduction. Varner explained that the tract has an irregular shape and these lots would not meet the setback requirement. He added that a note would be added to the subdivision plan and subsequent deed for each of the lots that restricts further subdivision of the lots. The Zoning Officer explained that the Rural Estate zoned lots are located outside of the Township’s Urban Growth Boundary (UGB). He noted that the R-1 zoned district is the boundary for the UGB in this area.

The Chairman inquired whether or not anyone present wishes to become a party to the case.

Tim Johnson, 1329 Firestone Road, stated that he wishes to become a party to the case. He explained that he lives across Firestone Road from two of the proposed lots. The applicant is agreeable to Johnson becoming a party to the case. Johnson stated that lack of water is a problem in this area and stated that he and some of his neighbors need two wells to provide adequate water to their homes. He noted that during very dry weather, wells in this area have gone dry. He also inquired whether or not the additional traffic impact to this area has been considered. The Zoning Officer explained that water availability and traffic impact would be addressed as part of the Subdivision plan. Johnson was sworn in and testified that his home was constructed 8 years ago and added that he is aware that an access easement is located between his lot and his neighbor’s lot.

On a motion by Goldman, seconded by St. Clair the Board voted unanimously to approve a Variance of Section 204.5 contingent upon a note being added to the Subdivision plan and deeds for the lots that restricts further subdivision of the lots.

CASE #609, DARYL WEAVER-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from Daryl Weaver, 533 East Newport Road, Lititz, PA 17543. The applicant will be represented by Kenelm L. Shirk, III, of Shirk & Ermolovich, 115 South State Street, Ephrata, PA, and Matthew Plant of Fisher Engineering, 1522 West Main Street, Ephrata, PA. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 504, pertaining to an expansion of a nonconforming use in a Rural Estate Zone. The applicant would like to add on to his existing shop, and reconfigure the lot size and layout in order to subdivide a lot from one tract and for a lot add-on to another tract. The applicant is also requesting the following Variances: Section 202.5 (minimum lot area), Section 202.6 (minimum lot width), Section 202.7 (maximum lot coverage), Section 202.8.A.1 (front yard setback), Section 202.8.B.2 (accessory structure building side yard setback), Section 504.1.A, Section 504.1.B, Section 503 and Section 507 to allow further expansion to the exiting business, Section 314 (screening requirements), Section 311.1 and Section 311.2 (access drive requirements), and Section 323.B (flag pole length).

Attorney Kenelm L. Shirk, III, Shirk & Ermolovich, testified that the applicant is proposing a minor expansion to the existing business. In addition the application consists of three lots that do not correlate with the current uses of the property. In addition, the plan proposes to modify the access along East Newport Road to reduce the amount of traffic on the roadway.

Daryl Weaver, 533 East Newport Road, was sworn in. Weaver testified that he is the operator of Weaver’s Garage which is located on one of the lots being reviewed this evening. He stated that he owns two of the three tracts that are the subject of this evening’s hearing and that his father owns the third tract. He stated that the existing home would be subdivided from the approximate 5.5 acre tract indicated as Lot 1 on the plan and located on an approximate .51 acre tract (indicated as Lot 2); in addition, land from Lot 1 would be added to the Weaver’s Garage property to increase the size of the lot and to create an access drive along Orchard Road. He submitted photographs of the affected properties for the benefit of the Board and detailed the proposed layout of the plan. He explained that the plan proposes a flag lot (Lot 1) along East Newport Road for a proposed home. Weaver stated that although the flag pole of Lot 1 would connect to East Newport Road, access to the lot is proposed via the new access drive to the Weaver’s Garage property. The lot would not be accessed via Newport Road.

Weaver testified that the business has been the subject of previous zoning hearings and provided copies of the documentation from these hearings. He stated that no additional employees are proposed as part of the plan. He noted that he does not perform body work or painting as part of the garage business. He indicated the employee parking area and customer parking area on the plan for the benefit of the Board. The plan proposes an addition to the existing garage building. Weaver stated that the Variance is being requested since the proposed expansion of the garage will exceed 50% of the size of the previous expansions. He testified that a 7' x 24' addition is proposed to the office area and a 20' x 49' expansion is proposed for storage for the business and to create a lunchroom for the employees. Weaver testified that there are no proposed changes to the existing residential dwellings on the tracts (2-unit apartment and single-family home); and added that only lot line changes are proposed for these tracts. Weaver testified that, as part of the proposal, right-of-way would be exchanged with the Township in order to improve the intersection of Orchard Road and East Newport Road. He stated that Township staff requested that access to the garage via East Newport Road be relocated to Orchard Road in order to reduce traffic along East Newport Road. Weaver testified that he intends to meet the guidelines of the Ordinance, other than the requests being made this evening, and Waivers that are being requested as part of the subdivision and land development plan.

Matthew Plant, representing Fisher Engineering, was sworn in. Plant testified that the plan being presented this evening has been reviewed by the Planning Commission and Board of Supervisors and both bodies are agreeable to the proposal. He stated that the plans have been proposed with the least amount Variances needed to accommodate the proposal. He explained that Township staff are agreeable to creating the access to the business and proposed home from East Newport Road. Plant detailed the proposed modifications to the three affected properties that are part of the application. Weaver stated that the properties are served by public sewer and on-lot wells.

Attorney Shirk stated that the lots meet lot frontage requirements along East Newport Road and requested the Board’s interpretation of whether or not the area along Orchard Road meets the lot frontage requirement. Weaver stated that the eastern addition to the business would be constructed over an existing macadam area. Weaver testified that automobiles waiting for repair would be located within a chain-link fence area on the business property.

The Zoning Officer stated that the proposed access along Orchard Road is 24' wide and explained that, as part of the subdivision and land development review, the Township may request this area to be reduced. He noted that the Zoning Ordinance requires that plans meet the guidelines of the Subdivision and Land Development Ordinance. Attorney Shirk stated that the plans would be revised in accordance with the Township’s request. The Zoning Officer stated that the proposed access along Orchard Road would not align with the proposed access on the adjacent foundry property due to sight visibility requirements. Burkhart stated that automobiles have been sold from the Weaver’s Garage property previously and inquired whether or not this practice would continue. Weaver testified that he would like to sell automobiles occasionally. He added that he does not intend to operate a used car lot. The Zoning Officer explained that the business received previous approval to sell automobiles.

The Zoning Hearing Solicitor stated that the Ordinance restricts lot coverage to 20% and inquired what is the proposed coverage of Lot 4. Attorney Shirk stated that the lot coverage would be 28.4%. He added that although the proposed expansion exceeds 50% of the existing building, it is difficult to determine how much the expansion exceeds due to previous improvements that have been made to the property. Zoning Hearing Solicitor George Cook stated that the application includes a Variance of side yard setbacks for Lot 4; however, the affected lot line is not being altered as part of this proposal. Attorney Shirk stated that the Variance is being requested since the existing structure currently encroaches into the side yard setback, and added that the proposal includes several requests for existing conditions to address these issues. Attorney Cook stated that although the application requests a Variance of flag pole length, it appears that the short side of the flag pole is less than maximum length permitted by the Ordinance. Attorney Shirk stated that he was unsure which angle would be used to measure the flag pole. Attorney Cook inquired whether or not the applicant would be agreeable if the Board determines that these Variances are not needed to accommodate the proposal. Attorney Shirk stated that they would be agreeable to the determination.

The Chairman inquired whether or not anyone present wishes to become a party to the case. No one present indicated their desire to become a party to the case. Attorney Shirk summarized the proposal for the benefit of the Board. Attorney Cook requested clarification of whether or not the applicant intends to continue to comply with Section 406 of the Ordinance as outlined in the application. Attorney Shirk responded in the affirmative. Attorney Cook drafted a motion for the Board’s review based on the testimony presented this evening and discussions by the Board.

On a motion by Goldman, seconded by Burkhart the Board voted 4-1 to approve the motion for Case #609 as follows: (A) approved the following Variances for Lot 2: Section 503 to allow the further expansion of a nonconforming use; Section 504.1.A to allow the expansion to exceed the existing lot boundary to reflect the new lot lines; Section 504.1.B to allow the expansion to exceed 50% of the existing impervious coverage; Section 507 to allow this expansion to supercede existing expansions; and Section 202.7 to increase the maximum lot coverage from 20% to 40%; (B) approved the following Variances for Lot 4: Section 202.7 to increase the maximum lot coverage from 20% to 28.4%; and Section 202.5 to allow this lot to be reduced from 1 acre to .51 acre. The approval is contingent upon the following: (1) the use of Lot 2 shall comply with all provisions of Section 406 (Automotive Repair & Service Facilities), with the exception of Section 406.D pertaining to vehicle screening. All existing screening must remain and may be increased by the applicant; (2) no further building expansion is permitted on Lot 2 without zoning approvals; and (3) the applicant must obtain the required cross-easements for the new access drive. St. Clair voted against the motion.

EXTENSION OF TIME FOR WARWICK TOWNSHIP’S SALT SHED (CASE #567): The Board reviewed the request. On a motion by St. Clair, seconded by Kauffman, the Board unanimously approved an extension of time to obtain the necessary permits until May 9, 2004 for Case #567.

EXTENSION OF TIME FOR DOGWOOD VALLEY PHASE 3 (CASE #576): The Board reviewed the request. On a motion by Goldman, seconded by St. Clair, the Board unanimously approved an extension of time to obtain the necessary permits until May 12, 2004 for Case #576.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Zoning Officer explained that Township staff has begun the process of modifying the Subdivision and Land Development Ordinance and Zoning Ordinance to update the documents to reflect changes in regulations. He requested the Board to provide him with any recommended modifications for the Board of Supervisors’ review.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer