Meeting minutes

6040 Main Street

East Petersburg, Pennsylvania
MEETING MINUTES

A meeting of the Zoning Hearing Board for the Borough of East Petersburg was held on Wednesday August 23, 2006 at 7:00 p.m. o’clock at the East Petersburg Borough Community Center, 6051 Pine Street, East Petersburg.

Board members attending were John Wolf, Catherine Donohue and Board Solicitor David Wagenseller. Also present was Zoning Official Ed Fisher.
Visitors:
Meeting called to order at 7:02PM by Vice Chairperson John Wolf.
It was moved and seconded (John Wolf/Catherine Donohue) to approve the minutes of the April 26, 2006 Zoning Hearing Board. Unanimous approval.
Ginger Groff introduced the new Zoning Officer Ed Fisher to the Zoning Hearing Board and Solicitor.
Fred Engle, 1755 State Street, is asking for a Variance of Section 202.5, Design Standards and Maximum Lot Coverage. The Engle’s would like to put an addition on their house.
Ed Fisher said that the applicant currently exceeds the 30% as it exists now. Since the planning commission meeting Mr. Engle should have some new data to present. At the planning commission meeting there was some information given to Mr. Engle and we should hear from him as to whether some of those figures have been adjusted or revised. Mr. Fisher said Mr. Engle would be at 50% lot coverage with what he is proposing.
After hearing testimony Mr. Fisher said that looking at the zoning, the property could fall under non-conforming.
John Wolf asked if Mr. Engle were to amend the application asking for non-conforming use and was able to get down the square footage to get it down to that 25% number, would you be in agreement to say at this time you have maxed your lot out and there would be no further requests for additional lot coverage? Mr. Engle said yes, he would agree with that.
Mr. Engle said that he would request to amend his application from a Variance to be a Special Exception under Section 503 for Non-Conforming Use for the property at 1755 State Street, East Petersburg.
John Wolf said that by granting this that no future additional lot coverage would be approved. Catherine Donohue asked if that goes along with the deed, but Mr. Engle asked if it was fair to do that in case the borough would ever re-zone it to neighborhood commercial. Mr. Wolf recommended that a deed restrictment could say that as long as it stays R-2 there could be no more lot coverage but if it would become neighborhood commercial then that may no longer apply.
It was moved and seconded (John Wolf/Catherine Donohue) that the board consider the request from Fred and Nan Engle, 1755 State St., East Petersburg to amend their original application for a zoning Variance of Section 202.5 Design Standards, Maximum Lot Coverage to a Non-conforming Use request under Section 503.1 to expand their house on their lot at 1755 State St., which would involve a 25% expansion of impervious lot coverage. The board has found this upon review that this would fall under non-conforming standards as now the property is now at 39% impervious coverage. The approval is subject to the applicant building according to the drawing submitted 8/1/06 as it stands now with the 25% increase of the existing lot coverage of 3568 square feet the 25% additional would be 892 square feet which would require a reduction of lot coverage of 138 square feet to stay within the 25% new lot coverage. And further so, as long as 1755 State Street is zoned under R-2 classification the board would move that there would be no future or additional lot coverage permitted. Unanimous approval.
Ed Fisher reminded Mr. Engle that they still need to fill out a building permit application.
It was moved and seconded (John Wolf/Catherine Donohue) to adjourn the meeting at 8:17PM. Unanimous approval.

Respectfully submitted,

Ginger Groff

Administrative Assistant

MEETING MINUTES

FOR

EAST PETERSBURG BOROUGH

ZONING HEARING BOARD

MAY 23, 2007
FOR JACK & MARY J. WISSING

6327 LEMON STREET
Present for the meeting: Jack & Mary Wissing; David Wangenseller, Attorney for the Zoning Hearing Board; John Wolf, Chairman; Catherine Donohue, Zoning Hearing Board; Ed Fisher, Zoning Officer; and the court recorder
Meeting was called to order at 7:05 p.m. Chairman John Wolf reviewed the application that was presented. Witnesses were sworn in at this time. John Wolf presented questions regarding the application to Ed Fisher. Explained was the request for a variance to pave a driveway on Tank Street wider than the permitted 25’. The driveway is existing. It is stone in nature and the applicant wishes to pave it to its existing full width. The ordinance requirements and sections were reviewed at this time. Mr. Wolf then questioned Jack Wissing about the application, the existing condition, and the garage. Mr. Wissing explained the stormwater runoff problem, the area of ponding and washing away of some of the stones from his driveway into his yard area, and generally the existing nature of Tank Street functioning more as an alley than an actual street.
Ed Fisher, Zoning Officer, presented pictures of Tank Street, the driveway, and the existing garage. There was more discussion on the stormwater runoff and the existing problems with the drainage and the ponding area along Mr. Wissing’s driveway.
Having no objections to the variance request, Chairman John Wolf motioned for approval of the variance request to pave the driveway approximately 48’-wide along Tank Street. Seconded by Catherine Donohue. Motion carried 2-0.
Chairman John Wolf motioned for adjournment at 7:27 p.m. Seconded by Catherine Donohue. Motion carried 2-0.

EAST PETERSBURG BOROUGH ZONING HEARING BOARD

6040 Main Street

East Petersburg, Pennsylvania


MEETING MINUTES

A meeting of the Zoning Hearing Board for the Borough of East Petersburg was held on Wednesday April 30, 2008 at 7 p.m. o’clock at the East Petersburg Borough Community Center, 6051 Pine Street, East Petersburg.

Board members attending were John Wolf, Catherine Donohue, Randy Bucksner and Board Solicitor David Wagenseller.
Visitors: Mary Armstrong, Robert Coaklay, Matt ?, Frank Wolf, Tim Wakefield and Kenneth R. Marsh Jr. (RMI)
First order of business was re-organization. It was moved and seconded (Catherine Donohue/Randy Bucksner) to nominate John Wolf as Chairman. Unanimous approval
It was moved and seconded (Catherine Donohue/John Wolf) to nominate Randy Bucksner as Vice-Chairman. Unanimous approval.

A hearing was held on the special exception application of David Dearholf, 1619 Graystone Rd., for a special exception to construct a garage to exceed 200-sq. ft., Section 201.3.1.

Nobody asked to be recognized as a “party”.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of David Dearholf for a special exception from the requirements of 201.3.1 of the East Petersburg Borough Zoning Ordinance is tabled until June 26, 2002.
A hearing was held on the special exception application of Jack D. Wissing, 6327 Lemon St., for a special exception to construct a garage to exceed 200 sq. ft., Section 202.3.1 and a variance to exceed the height of 10', Section 202.5, Design Standards, Accessory Use Height
Nobody asked to be recognized as a “party”.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of Jack D. Wissing for a special exception to construct a garage to exceed 200 sq. ft., on the property at 6327 Lemon St., under Section 202.3.1 of the East Petersburg Borough Zoning Ordinance is granted, subject to the following condition: everything the applicant does pursuant to this decision must be exactly in compliance with the application, the drawings filed with the application and submitted to the Board, and the testimony and evidence submitted to the Board.
The application of Jack D. Wissing for a variance to construct a garage to exceed 10 ft. in height, on the property at 6327 Lemon St., under Section 202.5 of the East Petersburg Borough Zoning Ordinance is granted, subject to the following condition: everything the applicant does pursuant to this decision must be exactly in compliance with the application, the drawings filed with the application and submitted to the Board, and the testimony and evidence submitted to the Board.
A hearing was held on the variance application of Douglas Hershberger under Section 202.5, Side Yard Setback and Section 201.8, Maximum Lot Coverage.
Al Olah of Rettew Associates Inc. presented this case to the zoning hearing board on behalf of Mr. Hershberger.
After taking testimony and evidence, the Board closed the record and made the following decision:

The application of Douglas Hershberger for a variance of Section 202.5 of the East Petersburg Borough Zoning Ordinance is granted, subject to the following condition: everything the applicant does pursuant to this decision must be exactly in compliance with the application, the drawings filed with the application and submitted to the Board, and the testimony and evidence submitted to the Board.

The Board also instructed the solicitor to prepare letters informing all parties of all the decisions made pursuant to section 908(10) of the Municipalities Planning Code.
A stenographer whose transcript contains the names of all citizens who appeared officially and also contains the subject of their testimony recorded all the hearings.
There being no further business to come before the Zoning Hearing Board, the meeting was concluded at 8:45 p.m.
EAST PETERSBURG BOROUGH ZONING HEARING BOARD

6040 Main Street

East Petersburg, Pennsylvania

MEETING MINUTES

A meeting of the Zoning Hearing Board for the Borough of East Petersburg was held on Wednesday June 25, 2008 at 7 p.m. o’clock at the East Petersburg Borough Community Center, 6051 Pine Street, East Petersburg.

Board members attending were John Wolf, Catherine Donohue, Randy Bucksner, Tom Fasnacht and Board Solicitor David Wagenseller.
Visitors:
A hearing was held on the special exception application of Herman W & Linda M. Rannels regarding the property at 5940 Geneva Dr. Applicant wishes to apply for a Special Exception, Section 423, Home Occupation.
Nobody asked to be recognized as a “party”.
Linda Rannels said she presently has a bakery located at her mother’s farm in Millersville. For convenience, she would like to move it from the farm over to her house. The plan would be to convert the garage into a bakery. The Rannels calculated it at 22 percent of the total square footage. Currently she said she does mostly the Bridge Bust (the bridge between Marietta) where she goes and sets up there and sells pastries and cookies and that sort of thing. She also does wedding and birthday cakes. Made to order stuff. There would be no other employees.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of Herman W. and Linda M. Rannels for a special exception to maintain a bakery in their garage at 5940 Geneva Drive, East Petersburg, as a home occupation, was granted with the stipulation that they would follow all appropriate local, state, and if it applies, federal regulations as such.
Application of Subhas Mazumdar, regarding the property at 2006-10 Miller Rd, East Petersburg Borough, Lancaster County, Pennsylvania. Applicant wishes to apply for a Variance of Section 415, Drive-Thru and/or Fast Food Restaurant.
It was established that Subhas Mazumdar is the architect and the owner of the property is Deerwood Property Holdings, L.P. Mr. Frank E. Nolt is a general partner of Deerwood Property. There was a motion made to change the applicant from Subhas Mazumdar to Deerwood Property Holdings, L.P. Motion carried.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of Deerwood Properties, L.P. regarding the property of 2006-2010 Miller Road, East Petersburg, for a variance of Section 415 that no part of the subject property shall be located within 200 feet of a residentially zoned land. The plan that has been submitted shows that distance to be 106 feet and 1-1/8 inches. Also attached the conditions that there will be a screening on the east property line adjacent to Curtis Leon and Ruth Johnson’s property along with a review of the site lighting and cut off screens to be installed if the lighting is shining beyond the property lines. In addition, recommend that the hours of operation would be between 5:00 a.m., 10:00 p.m. Sunday – Thursday, 5:00 a.m., and 12:00 midnight on Friday and Saturday. Motion carried.
Application of Rick A. Miller, regarding the property at 5842 Leebel Rd., East Petersburg Borough, Lancaster County, Pennsylvania. Applicant wishes to apply for a Special Exception, Section 423, Home Occupation and a Variance of Section 309.6, Driveway and Access Drive Requirements.
George Edgar, Attorney for Mr. Miller came forward and was sworn in. ZHB members asked Mr. Miller about his business, asked how long he has had his business and asked about parking. Mr. Miller said he wants to increase the size of his driveway to accommodate three cars. Randy Bucksner asked how this came about. Ed Fisher, Zoning Officer, said he received a letter complaining about car doors banging, safety of children etc. Catherine Donohue asked one of Mr. Miller’s neighbors if he noticed a lot of cars on the street. They, Mr. Potts, Mr. Hughes, Mr. Himelwright and Mrs. Himelwright each said no. Mrs. Donohue then asked if they had any concerns with the value of the neighborhood if the driveway is extended past the home. Again, each answered no.
Randy Bucksner said there also seems to be children playing, noise of car doors and stuff like that, so someone was just not real happy with the amount of activity. Mr. Himelwright said he has lived in his home since 1966; he lives next door to Mr. Miller. He said he wouldn’t even call it a business, he does not hear car doors. Mr. Potts said as he stated earlier he lives directly across the street from Mr. Miller and he said his clients are very considerate of his needs because when he puts the garbage out they never park his garbage in or anything like that. He said he has never had an issue with his clients.
Mrs. Himelwright wanted to make a statement that Mr. Miller does not work Saturday or Sunday, so there are no clients there on the weekend. As far as small children playing around, there are only two small children at the end of the street and they do not venture off.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of Rick A. Miller for a special exception to maintain a commercial workout studio in the basement of his residence at 5842 Leebel Road, East Petersburg, as a home occupation, was granted subject to the following condition. The home occupation is limited to the hours of 6:30 am to 9 pm Monday through Friday. The Board also determined that no variance from East Petersburg Borough Zoning Ordinance section 309.6 was required.
The Board also instructed the solicitor to prepare letters informing all parties of all the decisions made pursuant to section 908(10) of the Municipalities Planning Code.
A stenographer whose transcript contains the names of all citizens who appeared officially and contains the subject of their testimony recorded all the hearings.
There being no further business to come before the Zoning Hearing Board, the meeting was concluded at 8:42 p.m.
Respectfully Submitted,

Ginger Groff, Recording Secretary

EAST PETERSBURG BOROUGH ZONING HEARING BOARD

6040 Main Street

East Petersburg, Pennsylvania

MEETING MINUTES

A meeting of the Zoning Hearing Board for the Borough of East Petersburg was held on Wednesday March 28, 2012 at 7 p.m. o’clock at the East Petersburg Borough Community Center, 6051 Pine Street, East Petersburg.

Board members attending were William Sell, Jeremy Horst, Bill Mellinger and Board Solicitor David Wagenseller.
Visitors: Bill Troop, David Garman, J. Mokros, John Wolf
Reorganization:
William Sell Chairman

Jeremy Horst Vice Chairman

A hearing was held on the special exception application of David Garman to be able to store landscaping equipment inside the building and park landscaping trucks and trailers alongside the building at 1575 State St. subject to Section 306.B.2, allowed uses in primary business district of the East Petersburg Zoning Ordinance. in a Neighborhood Commercial (NC) Zoning District. Testimony was provided David Garman (Tenant) and Bill Troop (Owner)
Nobody asked to be recognized as a “party”.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of David Garman for a special exception to store landscaping equipment inside the building and park landscaping trucks and trailer alongside the building at 1575 State St., East Petersburg, was granted.
The Board also instructed the solicitor to prepare letters informing all parties of all the decisions made pursuant to section 908(10) of the Municipalities Planning Code.
A stenographer whose transcript contains the names of all citizens who appeared officially and contains the subject of their testimony recorded the hearing.
There being no further business to come before the Zoning Hearing Board, the meeting was concluded at 7:23 p.m.
Respectfully Submitted,

Ginger Groff, Recording Secretary

EAST PETERSBURG BOROUGH ZONING HEARING BOARD

6040 Main Street

East Petersburg, Pennsylvania

MEETING MINUTES

A meeting of the Zoning Hearing Board for the Borough of East Petersburg was held on Wednesday June 27, 2012 at 7 p.m. o’clock at the East Petersburg Borough Community Center, 6051 Pine Street, East Petersburg.

Board members attending were William Sell, Jeremy Horst, Bill Mellinger and Board Solicitor David Wagenseller.
Visitors: Guy & Beth Rohrer, John Wolf
With no additions or corrections noted Mr. Sell deemed the minutes of the March 28, 2012 meeting approved.
A hearing was held on the special exception application of Guy & Beth Rohrer, 12 Leeds Court Lancaster PA 17602, requesting a change from one Nonconforming Use to another Nonconforming use subject to Section 805.F of the East Petersburg Zoning Ordinance for the property at 6510 Main St. Applicant is proposing a private physical training facility by appointment only.
Nobody asked to be recognized as a “party”.
After taking testimony and evidence, the Board closed the record and made the following decision:
The application of Guy & Beth Rohrer for a special exception to change from one nonconforming use to another nonconforming use for a private physical training facility by appointment only at 6510 Main St., East Petersburg, was granted.
The Board also instructed the solicitor to prepare letters informing all parties of all the decisions made pursuant to section 908(10) of the Municipalities Planning Code.
A stenographer whose transcript contains the names of all citizens who appeared officially and contains the subject of their testimony recorded the hearing.
There being no further business to come before the Zoning Hearing Board, the meeting was concluded at 7:21 p.m.
Respectfully Submitted,

Ginger Groff, Recording Secretary