Vice-Chairman Scott Goldman convened the November 10, 2010 meeting of the Warwick Township Zoning Hearing Board at 6:30 p.m. Present were Board Members Scott Goldman, Mark Will, Dane St. Clair, Brent Schrock and Gary Lefever. Also present were Township Zoning Officer Thomas Zorbaugh, Zoning Hearing Solicitor Neil Albert, Crystal Dull and Bill Dull.

MINUTES APPROVAL: On a motion by Will, seconded by St. Clair, the Board voted unanimously to approve the minutes of the October 13, 2010 meeting as submitted.

POSTING, PROOF OF PUBLICATION AND NOTICE: This meeting was a continuation from October.

HEARING PROCEDURES: For the benefit of those present, the Zoning Hearing Solicitor explained the procedure to be followed for the evening's hearings.

CASE #748, BILL AND CRYSTAL DULL - SPECIAL EXCEPTION/VARIANCE: The Vice-Chairman stated that this hearing is a continuation from October for Bill & Crystal Dull, 1726 Old Rothsville Road, Lititz, PA 17543. The applicant is seeking a Special Exception to the Warwick Township Zoning Ordinance under Section 340-14.C.(1), pertaining to a Home Occupation in a R-1 Residential Zoning District. The Applicant would like to operate an art studio from her home. The applicant is also requesting a Variance of Section 340-78.L to allow their sign to be four square feet instead of two square feet.

The Zoning Officer explained that Gary Lefever was not at the previous hearing but is willing to be part of the hearing if approved by the Dulls. The Dulls testified that they have no objection to Lefever being part of the hearing.

The Dulls had been sworn in at the October meeting. The Zoning Officer was sworn in to present evidence for the case. Thomas Zorbaugh was sworn in. Zorbaugh presented information that was provided by the Applicant to the Board at the hearing. The Dulls are requesting the following: 1) Hours: The business would operate a maximum of 20 hours per week; 14 of these hours are dedicated to the gallery, and these hours are Fridays from 1:00 p.m. to 9:00 p.m. and Saturdays from 10:00 a.m. to 5:00 p.m. The additional 6 hours would either be class time or additional gallery time, but not both; 2) Parking: There is adequate space for 6 parking spaces, five in the main driveway and one to the right of the dwelling with a turn around; 3) Classes: The class size will be limited to 6 students; these classes will be between 2 to 4 hours a day and limited to two per day, not to exceed 6 hours a week and two days a week. If there are no classes, six hours can be added to the gallery time on Thursdays from 2:00 p.m. to 8:00 p.m.; 4) Signage: The applicant is requesting a 4 square foot sign to display additional information on the sign; 5) Special Events: The applicant is requesting two open house events per year.

Lefever asked for clarification of the proposed hours. The Dulls responded that if classes are scheduled during the week, they would not provide additional gallery hours, since she does not want to work more than 20 hours per week. Goldman requested clarification about the turn-around area. The Dulls said that the boat would be removed, and a stone area would be installed so that customers would be able to pull out onto the road. Schrock asked for additional information on the classes and inquired whether 6 parking spaces are adequate to serve the business. The Dulls responded that they will limit the classes to 6 individuals, and leave enough time in between classes for people to leave prior to the new class starting. St. Clair asked for additional information on the sign. The Dulls stated that the sign designer had told her that the bigger sigh would allow all the information that she wanted in a size that could be seen.

On a motion by Will, seconded by Goldman, the Board voted unanimously to approve the applicants request for a Special Exception of Section 340-14.C.(1) to allow the Art Studio as a Home Occupation with the following conditions: hours as stated; classes limited to 6 individuals per class; special events limited to 2 per year; advertisements may only list gallery times on Friday & Saturday; website may list special events, classes and Thursday gallery time; class times may be scheduled Monday through Thursday between 1:00 p.m. to 8:00 p.m., but limited to 6 hours a week, with only 4 classes a week and only two days per week; if no classes scheduled additional gallery time may be provided on Thursdays from 2:00 p.m. to 8:00 p.m.; and the church must sign off and approve using their parking lot for special events.

On a motion by Goldman, seconded by St. Clair, the Board unanimously denied the request for a Variance of Section 340-78.L to allow the sign to be 4 square foot instead of the maximum 2 square foot allowed.

CONSIDER EXTENSION OF TIME FOR BRYAN MARTIN: The Board reviewed the request. The motion by Lefever to deny the request was not approved due to a lack of a second. On a motion by Goldman, seconded by St. Clair, the Board voted to grant an extension of time until May 11, 2011 to obtain a permit and until November 11, 2011 to complete the project. Gary Lefever voted against the motion.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:20 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer