Chairman Randall Wenger convened the August 13, 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, Gary Lefever, and alternate Kenneth Kauffman. Scott Goldman was absent. Also present were Zoning Officer Thomas Zorbaugh, Zoning Hearing Board Solicitor David Workman, James M. Bushong, Heidi L. Bushong, Brian J. Black, Teresa M. Black, Lance E. Wentworth, Mel Hess, Peg Hess, and Ned Bushong.

MINUTES APPROVAL: On a motion by Lefever, seconded by Burkhart, the Board unanimously approved the minutes of the July 9, 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 #613, LANCE WENTWORTH-VARIANCE: The Chairman read the zoning notice for the application received from Lance and Christy Wentworth, 55 Rolling Hill Drive, Lititz, PA. The applicant is seeking a Variance to the Warwick Township Zoning Ordinance under Section 205.5 pertaining to rear yard setbacks in an R-2 Residential zone. The applicant would like to have an addition constructed to the rear of their home and requests relief to reduce the required 35' setback to 19'.

Lance Wentworth was sworn in. Wentworth testified that he and his wife wish to construct a 12' x 26' family room addition to the rear of their home near the kitchen/dining room/living room area. He noted that the kitchen would be extended approximately 4' into the family room as part of the proposal. The Code and Zoning Officer explained that the house was constructed at an angle due to the irregular shape of the lot. He explained that since the house is located on a corner, it is deemed to have two front yards, one side yard and one rear yard. He noted that if the house would have two side yards, the side yard setback would be 15' and the addition would meet the requirement. Wentworth explained that he discussed the proposal with the neighbor to the rear. Wentworth explained that the existing deck on the rear of the home will be replaced by a larger deck and added that the addition would be no closer to the rear property line than the proposed deck.

The Chairman 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 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 St. Clair, seconded by Lefever, the Board voted unanimously to grant a Variance of Section 205.5 as requested.

CASE #614, JAMES BUSHONG-SPECIAL EXCEPTION/VARIANCE: The Chairman read the zoning notice for the application received from James Bushong, 1403 Brunnerville Road, Litiz, PA. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 206.3.E, pertaining to a Home Occupation in a Mixed Use zone. The applicant would like to operate a trailer repair facility from his garage. The applicant will need a Variance of Section 206.8 to allow the building to exceed 20'; Section 434.I to exceed 25% and Section 434.J to use the accessory building for the business.

James Bushong was sworn in. Bushong testified that he would like to have a 40'x60' (28' high) garage addition constructed to the rear of his property. He provided renderings to either construct the garage to his existing garage or to build a new structure behind the existing garage. He explained that the facility would provide service to lawn care vehicle trailers, construction vehicle trailer, travel trailers, etc. He noted that he would also operate an inspection station. He explained that the proposed structure would be equipped with 14' high garage doors to accommodate the use. He testified that he discussed the proposal with approximately 83 neighbors and provided a copy of signatures from 80 of the neighbors who indicated that they have no objections to the proposal. He provided a map of the area where the neighbors reside. He noted that several of the neighbors asked questions about the proposal. The Board inquired where would trailers be stored. Bushong explained that service would be scheduled so that it should not be necessary to store trailers; however, there is sufficient area on the property to store several trailers. He explained that the size of the garage would accommodate two trailers stored inside. The Board inquired how the trailer would be moved on the site. Bushong explained that he would use a pick-up truck to move the trailers. He added that any parts he would need would be stored inside the garage. Bushong testified that he would use welding equipment for minor repairs and noted that he did not consider fabrication as part of the service. He described other home occupations/businesses that are in this area for the benefit of the Board. Bushong provided illustrations of the proposed structure. The addition to the garage option illustrates the use of the existing driveway along Lincoln Road, and the separate garage structure illustrates a proposed driveway accessing Hackman Road. The Code and Zoning Officer stated that the proximity of the intersection to the driveway may have to be further reviewed if a separate structure is constructed. The Board inquired whether or not mechanical equipment would be used. Bushong explained that he would use air compressors, jacks, etc. as part of the business. He noted that he is a licensed inspector by the State. The Code and Zoning Officer inquired what are the hours of operation. Bushong testified that the state requires inspection stations to be open at least 40 hours, Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. The Board inquired how high is the existing home. Bushong testified that his home is two stories; however, he is unsure of its height. He noted that the garage would be one-story, only. He testified that all repairs would be performed indoors. Bushong explained that he might also operate the business on Saturdays. He added that he would not operate the business on Sunday. Bushong explained that the garage would be wood frame construction with either vinyl or steel siding to match the existing garage.

The Chairman 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 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 Lefever, seconded by Wenger, the Board voted 3-2 to grant a Special Exception under Section 206.3.E, to grant a Variance of Section 206.8 to allow a maximum building height of 28', to grant a Variance of Section 434.I to exceed 25% lot coverage, and to grant a Variance of Section 434.J to use the accessory building for the business contingent upon a limit of two trailers being parked outside (other than trailers owned by the applicant), upon the hours of operation being limited to Monday through Friday 7:00 a.m. to 5:00 p.m. and Saturday 7:00 a.m. to 12:00 p.m., upon any outdoor lighting facing downward, upon the garage being attached to the existing garage and upon access to the garage being provided via Lincoln Road. St. Clair and Kauffman, voted against the motion.

EXTENSION OF TIME FOR GREEN HILL FARMS DISCOUNT GROCER: The Code and Zoning Office explained that the applicant is requesting an extension of time to obtain permits until August 1, 2004. On a motion by Lefever, seconded by Burkhart, the Board voted unanimously to grant an extension of time to Green Hill Farms Discount Grocer until August 1, 2004.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:50 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer