WARWICK TOWNSHIP ZONING HEARING BOARD MINUTES
July 9, 2003

Chairman Randall Wenger convened the July 9, 2003 meeting of the Warwick Township Zoning Hearing Board at 7:00 p.m. Present were Board Members Randall Wenger, Wilmer Burkhart, Scott Goldman, Gary Lefever, and Kenneth Kauffman. Dane St. Clair was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, Scott Lefever, Thomas D. Weiler, Shirley Rosenow, Leroy Mull, Henry W. Fischer, IV, Mark A. Magrecki, Bob Shreiner, Jere Buchter, Claude Young, Jr, Melvin G. Herr, Claude G. Young, Sr., Jason Lutz, and Jesse Roberts.

MINUTES APPROVAL: On a motion by Burkhart, seconded by Goldman, the Board unanimously approved the minutes of the May 14, 2003 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 #610, TOM WEILER-VARIANCE: The Chairman read the zoning notice for the application received from Scott LeFever, 1137 North Bristol Drive, Lititz. The applicant is representing Tom Weiler, 609 Lincoln Road, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 204.6.B, pertaining to the maximum height of an accessory building in an R-1 Residential Zone. The applicant would like to build a detached garage with a height of 25' instead of the maximum permitted height of 20'.

Scott LeFever and Tom Weiler were sworn in. LeFever testified that Weiler is a stucco contractor and has large equipment that he would like to park inside the garage so it is no visible on the property. He explained that the design is not feasible at a height of 20' due to the necessary pitch and rise that is needed to ensure that rain and snow flow off the roof.

The Board inquired whether or not Weiler discussed the issue with any of the adjoining property owners. LeFever responded that the issue has not been discussed with the adjoining property owners. The Zoning Officer explained that the applicant does not perform work at the home. He outlined the guidelines under Limited Business and inquired what percentage of the garage would be used for the business. Weiler testified that 70% of the garage would be used for business purposes. The Zoning Hearing Solicitor inquired whether or not Weiler could meet the guidelines under Limited Business. Weiler responded in the affirmative. He testified that he would keep his company (pickup) truck and possibly a trailer on the property; however, no large commercial vehicles would be parked at the property. LeFever responded that the area is needed to store equipment (ladders, etc.) in addition to the truck. He added that the garage would be a single-story structure. The Board inquired whether or not business supplies would be delivered to the property. Weiler testified that deliveries are made directly to job sites and not to his home.

The Board inquired whether anyone present wishes to either become a party to the case or provide any comments.

Leroy Mull, 529 Lincoln Road, was sworn in. He stated that the area is residential in nature and expressed concern that a business would be located on this property. LeFever stated that the garage would be used for storage and added that Weiler is a sub-contractor. He noted that no sales would occur from the property. Mull stated that he is also a contractor and explained that he would not store mixers and scaffolding at his home.

The Chairman stated that the only issue that the Board is addressing this evening is the height of the garage roof.

Shirley Rosenow, 14 Canterbury Court, expressed the opinion that the only reason for the request is for business purposes. LeFever stated that if the equipment were stored outside, which could be permitted, the height Variance would not be needed. He added that the business activity at the property would not increase as a result of the garage construction. He noted that the actual roof height would be 23'10½" ; however, the additional height is being requested due to the grade of the property.

Mull stated that he has no objections to the garage, and expressed the opinion that the business should be operated in a Commercial zone.

The Board inquired whether any building materials would be stored at the property. Weiler responded that the garage would be used primarily for equipment storage and added that if there are leftover supplies from a job, he might them in the garage. He stated that he currently stores the equipment at the property and added that he parks the truck in his driveway.

The Chairman inquired whether or not the applicant has any objections to the Zoning Hearing Board alternate rendering a decision on the case. The Zoning Hearing Solicitor explained that typically the alternate would sit on the Board in the absence of a quorum and added that since four members of the Board are present, if a 2-2 decision occurs, the application is deemed denied. The applicant stated that he has no objections to the Zoning Hearing Board alternate rendering a decision on the case.

On a motion by Burkhart, seconded by Goldman, the Board voted 3-2 to grant a Variance under Section 204.6.B to allow the detached garage with a height of 25'. Lefever and Kauffman voted against the motion.

CASE #611, YOKEFELLOW MINISTRY-VARIANCE: The Chairman read the zoning notice for the application received from Yokefellow Ministry, 715 Rothsville Road, Lititz. The applicant is the equitable owner of the property located at 1504 Rothsville Road, Lititz. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 110.3, "Definitions", pertaining to a Group Home in an R-1 Residential Zone. The applicant would like to relocate their Group Home from 715 Rothsville Road to 1504 Rothsville Road and increase the number of residents they house.

Henry W. Fischer, IV, House Manager for Yokefelow Ministries, was sworn in. Fischer testified that they wish to relocate their existing group home approximately 1.7 miles from their current location and increase the number of residents to 8 men.

The Zoning Officer stated that it appears that based on the definitions of a "group home" and "family" under the Zoning Ordinance, only 4 individuals could live at the group home (3 individuals, and a house parent). Fischer stated that the existing facility meets the guidelines of the ordinance (only four individuals reside at the current location). He explained that the subject property only has four bedrooms and added that there is an unfinished area in the home that would be used for an additional bedroom. He noted that two individuals share a room and newer residents are "partnered" with residents that have been at the home longer who act as mentors. Fischer stated that the facility is not required by the Stated to be licensed as a group home since they do not receive funding from the Department of Public Welfare. The Board inquired whether or not parking would be accommodated for the individuals. Fischer stated that the subject property could accommodate off-street parking for at least 8 vehicles.

Burkhart expressed the opinion that group homes are not permitted in an R-1 zoning district. The Zoning Officer explained that group homes are only addressed under definitions of "group home" and "family" in the Zoning Ordinance and added that the Ordinance does not provide any other guidelines. The Zoning Hearing Solicitor stated that group homes are subject to the same limitations and regulations as single-family detached dwellings according to the definition.

The Board inquired why the facility needs to house 8 individuals. Fischer responded that 8 individuals could be adequately accommodated by the facility. He explained that the current facility has been in operation for approximately three years and added that they have been operating the facility since October, 2002. He noted that the current facility previously housed four individuals in addition to the house parent. Fischer stated that the group home provides an 18-month program and noted that if individuals follow the house rules, they are permitted to stay longer if needed. He stated that he discussed the issue with an adjoining property owner (Samuel Zuch) and he provided a letter of support for the facility.

The Board inquired whether anyone present wishes to either become a party to the case or provide any comments. No one present indicated their desire to comment on the case.

The Chairman expressed the opinion that a 2,500 square foot house may not be adequate to accommodate 8 individuals. Fischer stated that the current home contains 1,200 square feet and accommodates 4 individuals; in addition, the subject property contains 2.7 acres. Fischer stated that, if the proposal is approved, a second-floor fire escape would be added to the home.

The Zoning Hearing Solicitor inquired whether or not the applicant objects to the Zoning Hearing alternate rendering a decision on the case. The applicant indicated that they have no objections to the Zoning Hearing alternate rendering a decision on the case.

Lefever expressed the opinion that a Variance of definitions is not needed for the proposal. On a motion by Lefever, seconded by Goldman, the Board voted 3-2 that a Variance of Section 110.3 is not required; therefore, the request is granted contingent upon a maximum of 8 individuals being housed at the property and that a fire escape is constructed for the second floor within one year. Wenger and Burkhart voted against the motion.

CASE #612, VOLUNTEER FIRE COMPANY OF ROTHSVILLE-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from the Volunteer Fire Company of Rothsville, 2071 Main Street, Rothsville. The applicant is seeking a Special Exception under Section 504 of the Warwick Township Zoning Ordinance to expand a nonconforming use, and Variances to the Warwick Township Zoning Ordinance under Section 206.6 maximum lot coverage; 206.7.A front yard setback; 206.7.A off-street parking in the front yard setback; 311.1 to allow 3 intersection points; 311.2.B to reduce the drive separations; 311.2.C to allow the access drive to encroach into the required setback and 312.4.A.1 to reduce the required landscaping strip. The applicant would like to construct addition to the building and needs the requested reliefs due to the layout of the property.

Mark Magrecki, ELA Group Inc., was sworn in. He provided an overview of the project for the benefit of those present. He provided a rendering of the existing site and the proposed modifications. He explained that the site is bisected by a zoning line between the R-1 Residential and Mixed Use zoning districts. He explained that 1.08 acres of the site along SR 772 is zoned Mixed Use and the remaining 5.59 acres is zoned R-1 Residential. He testified that the fire company would like to construct a building addition; in addition, the engine bays that currently face SR 772 will be closed and they will be relocated to the rear of the building. Magrecki stated that the eastern access along the Clugston property will be upgraded as part of the proposal. He explained that emergency vehicles would exit the site from the western drive and added that this area would be egress only. Magrecki stated that three parking spaces would be provided along the front of the building for authorized fire personnel only. He stated that the existing parking area will be modified to meet the requirements of the Zoning Ordinance. He explained that the parking area is located within the R-1 Residential zone and is the subject of the zoning requests this evening. He explained that public uses are permitted within the Mixed Use zone; however, they are not permitted within the R-1 residential zone. Magrecki stated that the current parking area contains 19,310 square feet and the proposal is to expand the parking area to the west by 4,870 square feet. He stated that the expansion would be 25% of the existing parking area and noted that this would meet the guidelines of the Zoning Ordinance which would permit up to a 50% increase in impervious area. Magrecki stated that the expansion would be used to provide additional office space and training area for the facility.

Magrecki testified that 6 of the 7 Variances being requested are existing nonconformities. He requested the Board’s interpretation of whether or not Variances are needed for the existing nonconformities. The Zoning Hearing Solicitor inquired if the nonconformities are being expanded. Magrecki stated that the nonconformities are not being expanded as part of this proposal. He stated that the Variance of Section 206.6 is being requested for the area within the Mixed Use zone only. He explained that 69.5% of the site within this zoning district is covered by impervious surface. He stated that this is 9.5% above what the Ordinance permits and noted that the proposal would reduce the impervious surface to 69.1%. He stated that the Variance of Section 206.7.A is being requested for the parking spaces and added that there are currently three parking spaces adjacent to the existing building. He stated that access to these parking spaces would be via a one way drive. Magrecki stated that the Variance of Section 311.1 is requested to allow the continued use of 3 access points to the site rather than 2 which is the maximum allowed by the Ordinance. He noted that the access points would be better defined by this proposal. He stated that he discussed the proposal with the adjoining property owner (Clugston) and they are agreeable to the proposal. Magrecki stated that the Variance of Section 311.2.B is requested for the access drive separation.

Magrecki explained that the existing access drive separate distances are 20' and 93' respectively and added that the separation distance at the central intersection would be increased from 20' to 81' by this proposal. He noted that the 93' separation distance would remain as part of the proposal. Magrecki stated that the Variance of Section 311.2.C is being requested for the existing eastern access drive. He added that this access drive is also used by the adjoining property owner (Clugston) to access the rear of the their property. He noted that an easement agreement will be drafted as part of the proposal. Magrecki stated that the Variance of Section 312.4.A is requested for the parking spaces and explained that a 5' sidewalk and 5' "green space" would be provided as part of this proposal. He noted that the lack of a landscape strip is also an existing condition on the site. Magrecki stated that the Variance of Section 206.7.A is being requested to reduce the existing front yard setback from 32' to 12' in order to accommodate the building expansion. The expansion would provide for vehicles to be parked back to back inside the facility. He testified that they reviewed the possibility of locating the building 8' farther from the right-of-way; however, this would reduce the available turning radius for emergency vehicles. In addition, there is a slope on the property that also limits the location of the building on the site. Magrecki expressed the opinion that the use is conducive to the character of the neighborhood.

The Board inquired whether anyone present wishes to either become a party to the case or provide any comments.

Shirley Rosenow, stated that she owns "Flowstar" at 2077 Main Street which is the business to the east and inquired whether or not the elevation of the parking area will be altered by the proposal. Magrecki stated that the elevation will remain relatively unchanged. The Zoning Officer stated that stormwater will need to be addressed as part of the Land Development Plan for the property.

The Board inquired whether or not the building could be moved back farther back in line with the grass strip to the side of the building. Magrecki stated that this area has a steep slope and added that there are also architectural issues relating to the layout of the building. The Board inquired if there is a variation between the length and size of each piece of apparatus. Bob Shreiner, President of the Rothsville Volunteer Fire Company, was sworn in. He explained that when their company is on a fire call, other fire companies occasionally stage their equipment at their station and explained that they wish to accommodate these other pieces of equipment. He noted that he does not know the exact size of the other pieces of equipment (i.e. Brunnerville Fire Company Tanker Truck). The Board briefly discussed the issue.

The Zoning Hearing Solicitor inquired whether or not the applicant objects to the Zoning Hearing alternate rendering a decision on the case. The applicant indicated that they have no objections to the Zoning Hearing alternate rendering a decision on the case.

The Board inquired what is the intent of the second floor of the existing building. Magrecki stated that the area would be used for offices and for training purposes.

On a motion by Goldman, seconded by Kauffman, the Board voted unanimously to approve a Special Exception under Section 504 and Variances under Section 206.6, Section 206.7.A, Section 206.7.A, Section 311.1, Section 311.2.B, Section 311.2.C, Section 312.4.A.1 as requested by the applicant.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:50 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer