WEST HEMPFIELD TOWNSHIP ZONING HEARING BOARD
December 14, 2010
The West Hempfield Township Zoning Hearing Board met in the meeting room of the West Hempfield Township Building at 3401 Marietta Avenue, Lancaster, PA, on Tuesday, December 14, 2010. Gary Lintner called the meeting to order at 7:30 P.M. Board members Amelia Swiernik and Daryl Peck were also present, along with Bernadette Hohenadel, Solicitor; Lisa Miller, Court Reporter; Edward C. Hinkle, Zoning Officer; and Darlene Diffenderfer, Recording Secretary.
Minutes
Motion: Daryl Peck moved, seconded by Amy Swiernik, to approve the minutes as presented for the meeting held November 9, 2010. Carried 3-0.
Case 1115 – David P. Gill/Weis Markets, Inc.
This application was submitted by David P. Gill of Weis Markets, Inc., 1000 South Second Street, Sunbury, PA for a Special Exception to extend store hours to 6 AM to 11 PM daily at their store located at 1400 Stony Battery Road, zoned C-2.
Mr. Gill was sworn to provide testimony and stated he was Director of Architecture for Weis Markets.
Mr. Gill stated the original store hours were set in 1993 in Case 556, revised in 1996 by Case 690 and 1998 by Case 756 with the current hours at 7 AM to 10 PM daily. Mr. Gill stated the current industry standard is 6 AM to 11 PM with some local stores open 24 hours per day. He stated local stores open 24 hours include the Turkey Hill adjacent to the Stony Battery Weis and the Giant store on Centerville Road.
Mr. Gill stated that Weis Markets does have some stores that operate on a 24 hour schedule, but there were no plans, at this time, to request those hours for the store in question.
Mr. Gill testified that the trees planted as cover to the neighborhood have now matured and they have received no complaints from anyone in the area. He added that their new request is for the convenience of their customers.
Ms. Swiernik read into the record the minutes of the Planning Commission held November 18, 2010 which recommended approval of the Special Exception.
Motion: Daryl Peck moved, seconded by Amy Swiernik, to grant a Special Exception to amend store hours at 1400 Stony Battery Road to 6 AM through 11 PM daily. Carried 3-0.
Case 1117 – Jay R. Peifer
This application was submitted by Jay R. Peifer, 4193 Siegrist Road, Mount Joy, PA for a variance of three feet to Section 707.2.B to pave a driveway up to the property line on his property, zoned Rural Agricultural.
Mr. Peifer was sworn to provide testimony.
Mr. Peifer stated the setback requirement would make the paved driveway too narrow in one section.
He added that the location of his current septic field also prevents moving the driveway further from the property line. A plot plan of the property was reviewed by the Board.
Mr. Peifer stated the driveway entrance is off of Siegrist Road and is currently stone.
Mr. Hinkle stated the new paved area would be 144 feet from the road and 173 feet from the neighbor’s house.
Mr. Peifer stated that he spoke to his neighbor and the neighbor would have no problem with the paved area being on the property line. Mr. Hinkle stated a fence currently marks the property line.
Mr. Peifer testified that he is building a new house on the foundation of a previous house that was torn down, and would use the existing driveway with alterations to take it around the house to the new garage. He added that the septic system has existed for at least 22 years.
Mr. Peifer stated his property includes 4 acres of land, and Mr. Lintner questioned why a variance would be needed with 4 acres of land.
Motion: Daryl Peck moved, seconded by Amy Swiernik, to grant a variance of three feet to Section 707.2.B for proposed driveway at 4193 Siegrist Road. Carried 2-1 with Gary Lintner opposed.
Case 1118 – Lewis & Kelly Harpster
This application was submitted by Lewis and Kelly Harpster, 606 Stony Battery Road, Landisville, PA for a Special Exception to Section 701.21.E to allow more than three adult pets to provide a kennel for rescued dogs at their residence, zoned Rural Agricultural.
Mr. and Mrs. Harpster were both sworn to provide testimony.
Mr. Harpster stated they have lived at this property since 1993 and originally began as rescuers of potbelly pigs with over 100 pigs at one time and a total of 15 at the present time. He stated that eventually they began to rescue other animals with the majority being Chihuahua dogs. He stated they currently have 50 dogs, but do not breed or sell them. He added that all of the dogs are neutered or spayed, and for the most part were going to be euthanized.
Mr. Harpster stated they applied for a kennel license through the state of Pennsylvania and found out through the state that they needed approval from the local municipality. Mrs. Harpster stated they are now licensed by the State and are inspected twice a year.
Mr. Harpster stated they are not taking in any new dogs, and to his knowledge, have never received any complaints. He stated their property is a very secluded farm setting. Mrs. Harpster stated that at least half of the dogs are 10 to 15 years old with deformities that make them unadoptable.
Mr. Harpster testified that their property includes 12 acres and they also own the adjacent property of 35 acres which is leased to an Amish tenant farmer.
Mr. Hinkle stated the house is more than 100 feet from the property line and at least 1000 feet from the road.
Mr. Harpster stated that, in addition to the dogs and pigs, they also have two peacocks, four miniature horses, and a flock of geese. He stated there are four fenced areas for the animals, but the dogs are housed within their residence.
Ms. Swiernik read into the record the minutes of the Planning Commission meeting held November 18, 2010 which recommended approval of the Special Exception with the condition they take in no additional dogs.
Mr. Hinkle stated that contact with the Township was initiated by the Harpsters after the State stated they needed proof of local approval for their State kennel license. He stated they are not considered a kennel by the Township, but the State considers it as such because of the number of dogs they have.
Mr. Peck questioned whether a Special Exception was actually needed since the Section of the Ordinance cited states “unless on a farm.” Ms. Hohenadel and the Board reviewed the Section and determined that it appeared a Special Exception would not be needed since this property is zoned agricultural and is currently being farmed. Ms. Hohenadel stated it would be her interpretation that more than three pets would be allowed on a farm and Section 803 would not apply since it is not a kennel.
Mr. Hinkle stated that the Harpsters needed permission from the local municipality for their State license and that is why he determined they needed the Special Exception.
Ms. Hohenadel stated the Board could make a statement on record or make a motion that the Board has determined that no zoning relief is required, and the applicant could withdraw the application.
Mr. Lintner stated on the record that the Board under deliberation has determined that the Section 701.21.E, referenced on the application, does allow them to do what they have been doing as long as the property is in a farming operation as described before the Board.
Case 1119 – John L. Ferrick, Sr.
This application was submitted by John L. Ferrick, Sr., 3988 Marietta Avenue, Columbia, PA for a variance to Section 302.4.B.1 for a variance for side yard setback and a variance to Section 704.A for accessory structure setback to build a one car garage beside his residence, zoned Rural Residential.
Mr. Ferrick was sworn to provide testimony.
Mr. Ferrick stated he has owned his property since 1969 and would like to build a second garage, but the drainage area for water runoff prohibits him from building an attached garage beside the house.
A plot plan of Mr. Ferrick’s property and the proposed new garage was reviewed by the Board. He stated the garage would be 3 feet from the house and 10 feet from the side property line.
Mr. Ferrick presented a picture of a property three houses away from his property which has a similar situation and a second property on Vista Road which he thought probably needed variances also.
Mr. Hinkle stated that he would verify a stake out of the garage to be sure it is 10 feet off the property line.
Mr. Hinkle stated that the required 10 foot setback for an accessory structure is for fire safety. He stated that, because of the close proximity to the house, he would recommend that the Board require the garage be built to meet the Code for an attached structure if they approved the variance.
Following discussion, it was determined that a breezeway or covered walkway connecting the garage and the house would make it an attached garage, and the variance for accessory structure setback would not be needed. Mr. Ferrick stated he would be able to build such a structure and amended the application to withdraw his request for the variance to Section 704.A.
Following a discussion regarding the side yard setback requirement, it was determined that the Section listed on the application was incorrect. The application was amended to reflect the correct Section as 305.4.B.1 instead of 302.4.B.1.
Motion: Daryl Peck moved, seconded by Amy Swiernik, to grant a variance of 10 feet to Section 305.4.B.1 for the side yard setback on the west side of the property at 3988 Marietta Avenue to allow construction of an attached garage with the condition it be constructed as described before the Board.
Case 1120 – Daniel S. Flosser
Since no one was present for this case the following motion was made:
Motion: Gary Lintner moved, seconded by Amy Swiernik, to continue Case 1120 to the meeting of January 11, 2011 with receipt of a letter from the applicant requesting an extension. Carried 3-0.
At this time, Mr. Hinkle presented a list of proposed dates for the meeting dates of the Zoning Hearing Board for 2011 as well as dates for the proposed deadlines for submittal of new applications. Mr. Hinkle asked that the Board review the dates and report any conflicts to him prior to the Supervisors meeting in January.
The members of the Board each signed the written Finding of Fact prepared by Ms. Hohenadel for Case 1114 for Ken Lang which was denied at the hearing held November 9, 2010 and Case 1116 for the Warren Diffenderfer Family Trust which was partially denied at the same hearing. Copies of each will be mailed to the applicants on December 15, 2010.
There being no further business before the Board, the meeting was adjourned at 8:50 P.M.
Respectfully submitted,
Daryl S. Peck
Secretary
