March 8, 2011

 

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, March 8, 2011.  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; Rhonda Adams, Court Reporter; Ed Hinkle, Zoning Officer; and Darlene Diffenderfer, Recording Secretary.

 

Approval of Minutes

 

Motion:  Amy Swiernik moved, seconded by Daryl Peck, to approve the minutes of the meeting of January 11, 2011 as written.  Carried 3-0.

 

Case 1123 – Ricardo M. Cordova

 

This application was submitted by Ricardo M. Cordova, 3610 Peregrine Circle, Mountville, PA for a Special Exception to Section 702.6 to allow a home occupation for food catering preparation in his house.  His property is zoned R-2.

 

Mr. Cordova was sworn to provide testimony.

 

Mr. Cordova stated he wanted to start a small home business which would involve food preparation for a food catering service.  He stated the main menu items would be soft shelled beef, chicken and pork tacos and would also include beans, rice, salsas, onions, cilantro and tomatoes. 

 

Mr. Cordova stated he would cater private parties as well as making sales at local fairs and carnivals.  He stated all ingredients would be purchased locally, prepared at his house, and then delivered to the client or event.  He indicated there would be no home deliveries and no clients would visit his home to make purchases or place orders.

 

Mr. Cordova testified that he and his wife would be the only employees of the business. 

 

It was determined that the house is approximately 2180 square feet with the kitchen using only 168 square feet.  Mr. Cordova stated only the kitchen would be involved in the food preparation business.

 

Mr. Cordova stated he would not have any signs on the property; that all advertising would be done on the internet, by word of mouth and fliers and cards distributed at local events.  He added that he would have a sign painted on the side of his van.

 

Mr. Cordova indicated that his next step would be to seek a permanent license through the State Department of Agriculture which would involve an annual inspection of his home by the State.

 

Motion:  Daryl Peck moved, seconded by Amy Swiernik, to approve a Special Exception to Section 702.6 to allow home occupation of food catering at 3610 Peregrine Circle with the following conditions:  1)  the required State license be presented with a zoning application; 2) no signage to be erected on site; 3) all food will be delivered, not picked up by clients; and 4) no additional employees can be hired.  Carried 3-0.

 

Case 1124 – Rodney Gingrich – Rod’s Auto Body

 

This application was submitted by Rodney Gingrich of Rod’s Auto Body, 885 Ivy Drive, Lancaster, PA for a variance to Section 708.9.Table 2.Part A to allow three building signs totaling 92 square feet in lieu of the allowable one sign of 200 square feet at his business zoned Traditional Village.

 

Mr. Gingrich was sworn to provide testimony.

 

Mr. Gingrich stated he has operated his business for 17 years at this location and would like to have more visibility for his business by erecting two additional building signs.  He testified that he currently has one sign on the body shop building and would like to place two signs on the tobacco warehouse located to the south of the shop building.  He stated he now owns the warehouse, but it continues to be used by Lancaster Leaf Tobacco.

 

Mr. Gingrich stated the signs would be aluminum panels with decals and would list the business name only.  He stated each new sign would be 3 feet by 10 feet and the existing sign is 4 feet by 8 feet for a total of 92 square feet, less than half of the 200 square feet allowed for just one sign.

 

Motion:  Daryl Peck moved, seconded by Amy Swiernik, to grant a variance to Section 708.9.Table 2.Part A to allow two additional building signs at 885 Ivy Drive with the condition that the total of the three signs do not exceed 100 square feet and the new signs be installed as described before the Board.  Carried 3-0.

 

Case 1125 – James C. & A. Lois Bucher

 

This application was submitted by James C. and A. Lois Bucher, 2379 Spruce Street, Manheim, PA for a variance of 11,784 square feet to Section 303.3.A.2 for lot area to build a single family dwelling at lot 4, 150 Stony Battery Road currently owned by Metzler Home Builders, Inc., 1172 Penn Grant Road, Lancaster, PA,  zoned R-2.

 

Mark Stauffer of Wenger’s Construction, 2719 Columbia Avenue, Lancaster, PA was sworn to provide testimony.  He stated that his firm will be building the new house for the Buchers.

 

Mr. Stauffer stated that a variance was granted in 2006 for this lot which has now expired.

 

Mr. Stauffer presented a proposed floor plan and indicated the proposed house would be 54 feet wide by 41 feet deep and would meet all required setbacks.

 

Mr. Stauffer added that the Buchers want to build on this lot since their family lives next door and they want to be closer to them.

 

Motion:  Amy Swiernik moved, seconded by Daryl Peck, to grant a variance of 11,784 square feet to Section 303.3.A.2 for minimum lot size at lot 4, 150 Stony Battery Road with the condition that all setbacks be met.  Carried 3-0.

 

At this time, Mr. Hinkle stated to the Board that all future applications for a Special Exception will not require review by the Planning Commission before it is presented to the Zoning Hearing Board.  He stated that there is nothing in the Township Zoning Ordinance or the MPC which requires that action.

 

Mr. Hinkle stated that it has been Township practice for many years to require Planning Commission review, but to avoid any possible litigation from any applicant, the practice will be discontinued.

 

There being no further business to come before the Board, the meeting was adjourned at 8:10 P.M.

 

Respectfully submitted,

 

 

Daryl Peck

Secretary