Chairman Gary Lefever convened the September 8, 2010 meeting of the Warwick Township Zoning Hearing Board at 6:50 p.m. Present were Board Members Gary Lefever, Dane St. Clair, and Brent Schrock. Mark Will and Scott Goldman were absent. Also present were Township Zoning Officer Thomas Zorbaugh, Zoning Hearing Solicitor Neil Albert, Court Reporter Brenda Pardun, Larry VanBrookhoven, David Reiste, Christine Reiste, Stacy Hartman, Carl Petticoffer, Joyce Schnupp, Mark Nolt and Amy Nolt.

MINUTES APPROVAL: On a motion by St. Clair, seconded by Lefever, the Board voted unanimously to approve the minutes of the August 11, 2010 meeting as submitted.

POSTING, PROOF OF PUBLICATION AND NOTICE: This meeting was continued from the August 11, 2010 meeting to render a decision. There were no new zoning hearing applications to consider.

CASE #747, MARK AND AMY NOLT – CONTINUATION OF THE SPECIAL EXCEPTION/VARIANCE: The Chairman explained that this case was closed at last month’s meeting and no testimony will be heard this evening. The Zoning Hearing Solicitor confirmed that this hearing had been closed and that the Board is prepared to render a decision. He explained that the draft decision had been prepared from the discussion that was held during the executive session at the August meeting. He noted that minor adjustments were made to the original draft decision due to responses he received from members of the Zoning Hearing Board. The Chairman requested an executive session to review the changes.

The Chairman announced that the Zoning Hearing Board will recess to an executive session to review the decision on this case as drafted by the Zoning Hearing Solicitor. The Chairman reconvened the meeting. For the benefit of those present, the Zoning Hearing Solicitor summarized specific sections of the decision as written. He highlighted section "C" pertaining to the Zoning Hearing Board’s discussion of the case, which is the basis for the Board’s decision as written in section "D". He explained that the Board is in agreement that the Applicant met the requirements under the Home Occupation provisions and that the Applicant is entitled to a Special Exception. The Zoning Hearing Solicitor stated that the Applicant also requested several Variances to keep livestock on the property. He explained that a Variance is different than a Special Exception, since the Applicant has the burden to prove that a hardship exists on the property for which a Variance should be granted. He stated that the Board is in agreement that the Applicant has shown no basis on which any of the Variances could be granted.

The Zoning Hearing Solicitor read summarized the written decision as follows: the Zoning Hearing Board approves the Applicant’s request for a Special Exception under Section 340-14.C.1 to operate a hobby shop as a home occupation for the repair and construction of hit or miss engines subject to the conditions that the area used shall be no greater than 675 square feet, is to be located in the outbuilding on the eastern side of the property, that Applicant shall have no non-resident employees in the business, and that the Applicant shall have no sign other than a sign on the mailbox. The Applicant’s Variance requests are all denied since no hardship exists and the adjacent property owners have proven that the animals that exist on the property have created a nuisance.

On a motion by St. Clair, seconded by Lefever, the Zoning Hearing Board approved the Applicant’s request for a Special Exception for a Home Occupation, and denied all of the Variance requests (for livestock, for the location of the proposed barn, for the proposed fence to be located on the property line, and for the proposed accessory structure to be closer than ten feet to the property line). This decision is in accordance with the written decision by the Zoning Hearing Solicitor.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 7:35 p.m.

Respectfully submitted,

Thomas Zorbaugh
Code and Zoning Officer