HomeMy WebLinkAbout96-04894
. .
IN Rill I
APPLICATION
OF DELANO M, LANTZ
AND DONORE J. LANTZ
t
t
t DICl<INSOI1 'l'OWI1$HIE'1
t ZONIl1G HI&MII1G BOARP
!l!:!PII1GS or meT
1) The Applicants, Delano M. Lant~ and Donore J, Lant~,
own a residence with a driveway entrancl(l on West Old York Road,
Carlisle, PA. Their residence is on the corner of West Old York
Road and Burnt House Roed, Carlisle, PA. They do not have a
qaraqe.
2) The Applicants have purchased the adjacent land and
r~sidence at 768 Burnt House Road, Carlisle, PA. They intend to
maintain that property as a rental unit,
3) The Applicants request a variance of tive (5) feet tram
the ten (10) foot requirement of side YBrd set back for the
erection of a garage buildinq. The I\ppticllntlJ' lot is
undersized. This side yard is adjacent to the 768 Burnt House
Road Lend.
4) The Applicants want the garsge located so as to permit
a driveway entrance on Burnt House Road IInd to eliminate the
driveway entrance currently on West Old '(ark Road,
5) The current driveway is more hazardous to vehicles
coming end goinq from Applicants' property due to speed of travel
on West Old York Road. The proximity 0 f the new dr i veway to the
.,
i,
.~ ". ~ R .....
'.. &
.... Ir~
~.1 .. t4
... .:~
. tl _I,
", j !.~. ''',,' ~ ~
'I. I' \
r#: ,.''1" 'to. ~ ~
'J
I I':
b.W bi I' , ~
") ~
I~ . ,.(: ,~ ti .,
b I
'I) /') r.i
.',1'~ (I
,I
.,.
. '
,I
,.
,
'd 'I' "
, .' I
" I J' ,
.1
..d' I!
N m
~ , "1
, I, ,
, "
5 I
I' " ,'f
..,~ , ,
N '" ., "
.,
- III "
It gi " " "
~, , I'
,
l3, m , " "
Iq I
" ,
" ,
,
"
i , , ,
).1.
I" ." ,',
, , , Ii'
,
, I
11/ "
" ,., I, I (' ,
, ,
'I'
" " " , ,
, ,
, " "
, , ,
I', I , ,
,
" "
i I ,
, " , "
" ';,; " ,'1
JI "
, "
" "
I , ,I' il " l'li!
I
, , , I
" , , , ,I 'I 'I ,
" 'i
,
I
, ,I ,II
, 'I
I, " , I J, 'li :1;
I , " " ,
I, I
, 'f/' ':
LI "'".1 , , ,I .,
" , ii'
" ,
, "
I, "
, {I
, "
I , , , I
I,
" " I
I, ,I "
I' " " ;!
" ';'11
,I
I, ,I
,
, I,.}, , !"I
" Ji( I
"
, " " I ,il 'I
,
1'1 "
'Ii " ,
I, , 'i'
,
, "I !,l
'I
.. .
. .
"
McNEES, WALLAC," Il< NURICK
100 "INI DTAIIKT
0, . 110" II." 0
.
HA'UUBBUftO, PA 17100
4, Admitted, exoept that Mr, Lant~'s firs~ name is
"Delano" ,
5, Admitted in part and d~nied in part, 'fhe variance
request related to the location of the driveway and the garage
with respeot to the set back along the northorn line of the
property, No variance was required to construct the garage or
the driveway, a highway occupancy permit and a building PQrmit
having previou/lly been granted, Intervenora requeated a de
minimia variance to allow the construction of the garage within
five feet of the northern property line to eliminatQ unnecessary
hardship under th~ circumstances and to permit the construction
in a location that was better for everyone in th~ area,
Intervenors an the ownera of the adjoining lot immediately north
of the property at 603 West Old York Road and the only property
in any way affected by the grant of the variance with reapect to
the setback at isaue, The variance allowed the garage to be
moved within five feet of the northern line. The aetback
otherwiae was 10 feet,
6, Admitted that a hearing waa held and that Mr, Wertime
was preaent and asked questions. The Zoning Hearing Board did
not in any way racogni~e Mr. Wartime as a party aggrieved.
7. Admitted,
8,' Admil:l:lId,
9. Denied, Thll varianoe rllquII8ted was a de minimis
variance, The Zoning Hearing Board in the Findings of ~act
stated that it was a "minimal varianoe>>, Paragraph B of Findings
of Fact. The evidence presented was sufficient to support the
grsnt of the variance. Although the property could be used
without the variance, under all of the circumstances, and in view
of the minimal nature of the variance, the hardship that would
result from the failure to grant the variance would be
unnecessary hardship, The unnecessary hardship was a result of
the unique physical circumstances of t.he lot as was demonstrated
on the record, The variance that was granted is a minimal
variance and the least possible modification to remove the
unnecessary hardship, The variance does not permanent ly impair
the appropriate use or development of any adjacent property, The
only adjacent property that potentially is affected in any way is
the property immediately to the north which is owned by
Intervenors who requested the variance, Intervenors believe that
the grant of the variance does not in any way adversely affect
the adjoining property owned by Intervenors.
Maw Nal:l:u
9, Appellant, David c, Wartime. lacks standing to appeal
the Zoning Hearing Board decision granting the varianoe,
10, Mr. Wertime does not own any prope~ty in the vioinity
of 603 West old York Road and is not in anyway way adversely
affected by the grant of the variance for the property looated at
603 West Old York Road. The property owned by Mr. Wertime at
2043 Walnut Bottom Road is nowhere near or in any way affected by
the grant of the variance,
11. Mr, Wertime's general interest in policing the action
of the Zoning Hearing Board or other agencies in Pickinson
Township is insufficient to provide him with standing in this
matter.
12. The Zoning Hearing Board did not recognize Mr. Wartime
as having standing as a party aggrieved in this matter, and the
mere fact that he was permitted to enter his appearance and to
state his position to the Zoning Hearing Board is insufficient to
provide him with standing to appeal the decision.
13, Mr, Wertime does not have en interest in the matter at
issue sufficient to provide him with standing to appeal and he is
not a "person aggrieved" by the Zon:ng Hearing Board decision.
, ,
/,
I ,
" ,I',
I II
I " I
,'I
"
'"
,/
'\;:',!-
i-i\
,'f'
'1,",.\,,'
"
,
,
'I
/,
1"1
"
'"~
11,1.,0
, ,
'\-';
I'
,
! '
,I'"
I,,'
, '
I-r! .
,;.'1":'
,,( t, ';:,'
":""",' 1,,1"1
, i ~- -I' , ' j
.,. d., "
(,'",1, n ~J
,I',' If
I
I' ":,' \' ,
,.
'lIl,1
I
\'
II
,
,I
,
,
"
, "
11,!1
H ,,~
i
'I , ~
"'/1"
. II '"
",
"
111,,\,1
"
,.,
",
,.
',11'
I'll
"/,1
,,'
I
,I"
1,.1
"
,
, 1,1
,'!"
,.
,
-1( I' ',~;)
I
',/
, \ I
',,'I
.,
.,
: ),'11:1
'I' !
;1,..1 ,I
.'l\'I.
, "I
.,It 1.;'1'
, ,
, ,
, I','
" ' I ~ I
Ii ,,'i,1
I,'" : ',".'
.. ii'
- ,; j ~ I 'I::,' 'j'
1;,1/,;'::',',',.,.<-/.",:".': I
: ',l" ~ 'fi'i~' .
;,.-:1-., _1)1":.'-'"
:, \ '., II' ~ f L I "I : . ,
",)t "jj, I' ':..
:iil'
,
, i J '1.:
",1.,(.'., '
. I, ", I'
, " I.! "1
,.,)1\' ""d'
I,i, -'I; ,I
,J/I"
,I, "",'
, I
, "t t.
" '
,.
"
','
,
,
1,'1
"
'II.
, '
i',I,I'11
,
\:.'
"
I,'
"
"
"'I'
,\ ,,1:1'\
"
"
,
11, ,
f!l,
,
,,!.I
~ ' I , 'I' I
\ I II. I
i;"I,I'lt' 'I
I' ,,'
I ,'J eI,
Ji
, ,
oI'-!
"
I'
I',
.,
.1
':1 ,j'
I ,1)'-,;"
',I'
'<'-') "
,
',' "
~ ' -,t.
" / r
,
.
"
,
" ,II
,,1/'1
.,
, '"
/;\1, I
\-
'('-
,
,
,j'
,
" d"_I,
,,<' '
'L ,,";)
,
I' ,,'"
..,~ ,;1, ",11\""-:' II!
i".'I/'I, ,', 'J ',' :',
','- ,'j ,
_' 1,11.11 i'\,\ . I,'.
:111'" t," I'
'1','1'11;,:,1,"','
,~-; ,'d., ",'.' : II
,-rl'I'; ,,' ':'1'1
,','J "II \
\Ii.".;i
ill.
,
;:11
"!
,",
'1,
.'
, 'I
",1
",
'I
'",I'
"
II
\""'1
.,,'
.'1'
, ,~; I
'I' "
'fl'l
,j "11,1,
"~,I"~"~
~. 'II :' 'I: '
'1,'
'I"
, 'I"., ~ I
I
;1\'
,
"
""l,j'
,i' ",_1'1
"i
."
'! "~:/
',t_t\
,.',_11
, '
',1'.
'r,'
:
,', I' "i""
1,11',/ 'i"1 I'
'e" I 1.\ ,"j,\I.I\
" I' \ , "
': [' I' ~: I
,/i
"
,'ir',-'
,I 'jl
t. ,,, I,,:'
'.,,:.i
, 1\
/I
"j'
.j',;' 'I
,~ 'I' 'I~, ,", ~ ':\,.' ,'l
'1'1'/1' :CII,
1 I ;' ,,1/'
'I "
'...i
","
\/'
"
';;,'
1L,ill
'I,'
i,
'i:,'I"
'1\(-'
\,'. '1,,:-:>I:'! "; I,
,1,/)11--,(-'1,-'
. ,
i' ',"III,
',i,','}:,
,.
\:,
,"
: , ~ :;:J':' i ~ '
i;'i,."
"
.,'
:t'
I
/t,,1_
I~ , 1 ,_ '" lj
,_ I'''!'!;''
l'llll,r
",'il.:,,'.'-,l'
,:r';-:
, ~ :, I I
',','
",:,,1
, '.'(
" ,
'I"
"
.,'
,
, I
I
, ,
.,:il " " ,I t,
,
, ,
1'1 'I'
" "
'I " I , I 'I
I.. , ,
,1 " ,,, , I
I",
11 ,'I ,"
,,'
I' , "
,"
"i' .,
, , (! "
" 1'\
,
, " ,I; I
, "
I ,
, , ,,'
, , ,
,I "
"
, " " , " L'f
, "
,,' "
'I , "
" , I
I,
"
, , I 'I
"
tf_1
,
"
, , ,.
'"
, ,I
, I
, " "
I , ",
/, d
,. i "
, , "
, "
, ,
I, "
, , , ,
~
1';
'1'1':
J' I
)'!
W!
~;;':I;j
.,.\'
, "
tl/ .
'",1
-1,1'/
;I'jl"
( If
11:'
+,l,f
/',1
:'1"\',1'
,
" "
" " III "
I "
, ,
,
, 'I
, I
'" ,,' , , I, I
',1 ,
'il , " , I ,
" , ',I " , 'I
, , I' II
, ,
I,
I, I , I,
" /'1 "
,il " " "
, , 'i;,
" " "
, ,
, , , jll ,
" I , I' I , ';
" I" I 'I
" Ii ,
, I "
, , 'I "I
, " i
I , II,' "
, I I
I III
, "
)'1
I t~
'i I
'IJ
, ,
I (
II
'I
,
"
)1
"
,",:'!{
~;, 'j
:"
"
.1 I
I
I
,
, ,
,
I,
, ,
l,l
,I
"
,
'...
,"
,
II'"
"
,
"
'I
"
"
l,
"
"
I
~
~l
~
,()
;h
Cl: l'? ~
--<()
~" f'{
"
I
~ \-~~
~ h~n - D)'b
'i
PAyld C, Wertlme/
In the cnu!:'t ot Common illenll
ot the Dth Judlolnl Pl~trlot,
cumtlurlllnd c:ounty
T1NIQlllSnt
YS,
Zonln<j lIollrln<j Ilonnl of
Ploklnson Township,
cllmtJorlllnd cOllnty/
Jlannllylvllnlll,
No.
T1Ppellel;l
WT1rXCATlS or s~
I herepy ce!:'tl ty thnt I have served 11 true and oorrect
oopy of. the tore<joln<j Notloe of r,nnrl lIlle Appeal on the
followln<j Individual lly placln<j the IlllmO In tho lInlt.ed statall
M/lll lit, CIlr.llllle, I'ennflylvllnlll, f I rflt-clllflfl pOlltll<jEl pr.oplllrl,
Bnd by cer.tlfled mllll, return receipt requollted/ on the 4th dllY
of september, 1996 IIddreolled all folloWll1
Paleno M. Lllllt~
ponore J, r,llntz
603 Old York Road
Cllrlllllo, I'll. 17013
r
--....-.-
--"NO'.,
".
'-...
)
'h... \
....... .
m Re: ~
APPLICATION
OF DELANO H. LAN'r.z
AND PONo~e: J. LANTZ
OICl<INSON 'rOWNSIlIP
20NINO 1lI!:Al\INCl BOMP
FIt/omos 011' rAc'r
1) The Applicants, Delano M, Lant... and Oonol:e oJ, Lantz/
own II residenae with II drivewsy entl:allce on W~st Old YOl:k Road,
,
Carlisle, PA., Theil: residence is on the comer of West Olti YOl:k
Road and BUrnt House Road, Cal:lilSle, PA, They do not have a
qaraqe,
2) The Applicants have purchased the adjacent land and
residence st 766 BUl:nt House Road, Carlisle, PA, They intend to
maintain that propel:ty as a rental unit.
3) The Applicants requeat a vniance of flve (5) feet from
the ten (10) foot I:equil:ement ot side yard set back for the
erection of a garage building, The Applicants' lot is
undersi...ed. This side yard is adjacent to the 766 Burnt House
Road land.
4) The Applicants want the lIarage locat:ed so as to permit
a driveway entrance on Burnt House Road and to eliminate the
driveway entrance currently on West Old YOl:k Road.
5) The curl:ent driveway is more hazal:dous to vehicles
coming and qolng fl:om Applicants' property due to speed of travel
on West Old York Road. The proximity 0 f the new driveway to the
I
:,
. ."
atop lIiqn c:ontrollinq travel on Burnt lIollllit Road will. providll
more ute!:y 1:0 vllhicles lIntllring and elli tinq thll rlll5 idence.
61 The Applicants have a well aJld two lSlIptic syatllm" lSnd
llttllndant drain tields which prevent the location ot the t;laraqe
building in other arealS ot their reaidence and lot.
7) The phYlSical circumstanr:ea and conditions in relation
to the new dr1 veway/ WI! 11 and aept ie aI's tl!mlS lSubatllnt tate the
Applicants' requelSt.
8) The variance will not alter the essential character ot
the neiqhborhood lSnd ill a minimal variance to afford retiet and
the leut modiHcation possible ot the regulation,
ORPER
The Pickin150n Township Zoning Hear ing Board grantlS the
Applicants' a variance to construct a qarage building tive (5)
feet trom the side property line of 768 Burnt House Road.
PATED, this .c~l day of 4v1vrf , 1996.
PICKINSON TOWNSHIP ZONING HEMING BOARP
-' ~tlll t: r!!A'-11.1U
CHAIRMAN --r
- Zoning Officer
IN Rfll
APPLICATION
or DELANO M. 4ANT~
AND DONORl!l J. LI\NT~
DICKINSON TOWNSHIP
~ONING HEARING BOARD
FINDINGS or FAC'r
1) The Applicants, Delano M. Lant z and Donore J, Lantz,
own a residence with a driveway entrance on West Old York Road,
Carlisle, PA. Their reaidence ia on the corner ot West Old York
Road and Burnt Houae Road, CarlialQ, PA, They do not have a
garage,
2) The Applicants have purchased the adjacent land and
residence at 766 Burnt HouaQ Road, Carlisle. PA, They intend to
maintain that property as a rental unit,
3) The Applicants requeat a variancQ ot five (5) feet trom
the ten (101 foot requirement of side yard aet back for the
erection of 'a gange building. The Applicents' lot ia
undersized. This side yard is adjacent to the 766 Burnt House
Road land.
4) The Applicants want the gsrage located so aa to permit
a driveway entrance on Burnt House Road and to eliminate the
dr.iveway entrance currently on West Old York Road.
5) The current driveway is more hazardous to vehiclea
coming and going from Applicants' property due to speed of travel
on West Old York Road. The proximity of the new driveway to the
".-
-.-
~----
i~~.
~~ J '
oc:,~ ~
. j.t:l" .,.,' )
.u._ ,'U -j-..;."T1 .fY ) ~.7 4f)cY56S' ,.
, ,'_~' . _ .'p1;'51
~ ~ J<, ,-- '1 r
l\ ~ i ' S ~ So -
~~ " ~ '
~ ~ ,1'- ~
~ "I ~~ \
'~~ ~~I
~~ ~ ~~
~ [ -~~'l
/</'..37 EI.,..~ ;... ..,..J
..
--
---
~
i
,
'" I~ ...
, ) ~
~~, ~
~ "!I <':,j
I ~
I \ ~'\
I ~I ~
! ~ ~'"
"I'-~ f
- c9..c' ~ --
~/;;;--
~c$--'y' ' .9';;
. :::,/ ..P?
".y .0 /? op /1r
6-'/~ ~~
J 'A
---i-/
'0
Ic~
~~
~~
;j
~
'"
.
I
. I~
I~
i~
I~
~ ,~
~ ~
~
,~
. II"
I I
, I
~
"
.
t
\J
,~
'~ .
~,
~
~
~
~
~
~
~
'.J
--
~,,., '~
c ..' ; ,
.~I l<:." ....;
,,/,,' ~1"1 ~ !~('.,
\" I ~iJ ---.. \ ," :1
'ii ,'II/ I Q. 11' !',; 1 ~ ...,.... \:
'~II'I & ,,~,: M '\'~r'
:.'", I 'J ~ 1'" : " ' 1,11"'1','
~ 0" ,. -, r ,,_J ' ',;, .:.
.. \. R""" I
'~'~.'" ",~', c, ,1'" :.,V'"
.. 'Il\"' I, _."0,1'
..,..,,(.....~'!ll "l7'
~'~tb ~ .lljr1J
';J ,1~1h".fJy
~ ~~'
(\. ~ ~ ~ R' l1 ~
~~ ~"'~<<~
~ ~ ~ ~ ~ ~'" ~
'" ~ ~ ~"'\ ~
o ~ ~ ~ fl:~
~~ ~'"~ ~S) ~~~
~~) ~ ~ ~ ~ ~~
~~ ~ ~ \'~~~"
S ~ \] ~ ,to ~~
~ ~~,,~~
~ C:J~'~
~ ~~
~~
~
-
I
n
IS
7
6
9
10
11
f' 1~
,.
'\ 13
."~
14
15
16
17
16
19
~O
.
>,
1-."",)
1
~
1
~
DICKINSON TOWNBIlIP ZONING HEARING BOARD
CUMBmR~ANP COUNTY/ PENNSY~VANIA
PUBLIC HJJ:ARINQ
3
4 IN RBI
DELANO. AND DONNA LANTZ
5 REQUWBT FOR VARIANCE
~c ~ (p - '-\ 89 ~
Dickinson Township Municipal Buildinq
~19 Mountai~view Road
Mt. Holly Sprinqs, Pennsylvania
::J , " ,")
." "
~PI ''I ,
1.1:) , 'I :1
,
(" , I ., ~
t~ i ; ,1' \
, . ,.,1 ii
r ,(j ,,,
~, .. ;j
:) ',.) ~',
III ",
, ,
Tuesday/ July 16, 1996
Met. pursuant to notice, at 7100 p.m.
TRANSCRIPT OF PROCEEDINGS
BEl"OREI
RONALD E. LOWRY. Chairman
GERALD E. EBY, Board Member
ROBERT L, a/BRIEN, Esquire, solicitor
~l
2~ ALSO PRESENT I
JOSEPH J, WIDRA, zoninq Officer and Secretary
~3
24
OR\ G\ Nf\L
25
C,P,C.R,S.
(717) 258-3657 or (800) 863,3657
:2
,'1 1 I l'I D a x
2 APPLICANT' a WI'fl'llaalta PIRIECT CROSS
3 Delano Lantll 4 8
4 Donna Lantll 10 "
5
6
7
8
9 TOWNSHIP WITNIS/iI PIRICT CROSS
10 (NONI. )
11
12
) 13
"
14
15
16 INPIX TO EXHIBITS
17 APPLICANT'S IXHIBITS MARKIED
18 (NONE. )
19
20
21
22
23
24
,
....) 25
C.p,C.R.a,
(717) 258-3657 or (800) 863 - 3657
\
3
(1 1
2
3 flaq.
4
5
PRO C It I!: PIN a a
TIll!: CllAIRWll'Il
Lot's stand and plodQo to the
(Whereupon, tho plodqe of alloQiance was held.)
TIll!: CIIAIRWlNI Firat of all, I'll introduce the
6 board to you so you lmow who we all are. aittinq next to me
7 is Jerry EbY. Our solicitor is Rob O'Brien. Socretary and
8 lIonin'il officer ill Joo Widra, My llame is Ron Lowry. I am
9 the chairman of tho board.
10 At this timo we'll ask the secretary to announce
11 the hearinq.
12
THI!: ZONING OFFICER I
Thill is the applicant Delano
13 and Donna Rae Lantz of 603 Wost Old '!orlt Road, Carlisle,
14 PA. It's the residonco, red brick home on the corner of Old
15 York Road and Burnt House Road, tho residential aqricultural
16 district, And they are requostinq a aido setback variance,
17 Relief from hardship caused by ten foot side setback
18 requirement for new driveway entrance from Birdhouse Road
19 and qaraqe due to narrow width of this part of lot and its
20 relationship to intersection, well, and house.
21 The zoninq officer interpretation is Article 4,
22 supplementary requlations, section 4.1 A and 13, and section
23 4.3 D. And this is .. the lot that they live on is a
24 subs tandard lot. It was advertised in the newspaper on June
.~' 25 25th and July 2nd, 1~96. The properLy was poated July 2nd,
C.P,C.R,S,
(717) 258-3657 or (800) 863-3657
4
)
1 1996. And the adjacent ownors were notified by mail on July
2 14th, 1996.
3
Tlill: ClIAIRMAN I
At th.iB Umo I'm qoinq to uk all
4 who are qoinq to testify at this Lime, we'ro qoinq to swear
5 you all in at one time. 130, it you'll just raise your riqht
6 hand,
7 (Witnosses /lWorn.)
8
TUE cllAIRMAN I
I'd a/lk that you would state your
9 f.ull namo and addr~/ls, please.
10
MR. LANTZ I My nama is Palano Lantz, 603 WQst Old
11 Yorl':, Road, Carlislo,
12 MRS. LAN'rt I And ponna Rae Lantz, 603 West Old
) 13 York Road, Carlisle.
14 MR. WERTIMIt I David Wortime, 2043 Walnut Bot tom
15 Road, Carlisle.
16 THE CHAIRMAN I At this time we'll ask the
17 applicant to present his testimony of what you want to do
18 here.
19
MR. LANTZ I
O)tay. I'll speak first, We have
20 planned to construct a three-car qaraqe on our property.
21 Because of the location of septic systems and so on, the
22 only place roalistical1y that we can do it is in the eastern
23 portion of the yard. And we, last year, had applied, came
24 down and applied for a building permit and a hiqhway
...-' 25 occupancy permit for thaL purposo. and .indeod we do have a
c,P.c.R.S,
(717) 258-3657 OJ:' (800) 863-3657
5
.-...
!
1 buildinq permit to put up a three-oar qaraqe. And wo also
2 qat a hiqhway occupancy pormit to pUt a drivoway entranoe
3 onto BUrnt 1I0u/J0 Road. Now, I'd havo to acLually qlJt that
4 updatod bocauBo tochnically wo wore /Juppoaed to havo it in
5 by Ilevoral monthll aqo Illl far as tho drivowllY,
6 One of tho roasonll for the dolay on our part ill
7 our noiqhberinq ownor -- two reasona - - number ono, we
8 felt it would bo boLtor if 1'10 could movo tho qllraqo a littlo
9 bit farthor to tho north, a liLLlo farther from Old York
10 Road and havinq loss of Ci ovorlap WiLh our house. And I can
11 explain this Bema more in a minuLe, At the same time our
12 adjoininq neiqhbor to the north, Loroy and Martha Smith,
13 indicated that thoy intendod to soll their proporty because
14 they wero retirinq and qoinq to fJpend half their time here
15 and half their time in Florida,
16 SO, WO wanLod to have some time to allow this
17 to
just to think it over some more, And what we have.
18 in fact, ended up doinq is buyinq Lhe adjoininq property so
19 that as we sit horo Loday tho property to the immediate
20 north, which is the adjoininq property to the line to which
21 we want to move tho qaraqo cloaor, ia ownod by us.
22
If we
we come horo seekinq a variance in order
23 to move our -- the drivoway ontrance as well as the
24 location of the Qaraqe farthur to the north. And the
'~.~. 25 reasons are I1S follows! By moving it farther to tho north.
C.r.C,R.S.
(717) 258-3657 or (tlOO) 863-3657
7
-.....,
,
1 there will be ,. Lho qoroqo will bo projocLinQ ijouthwardly
2 so that when you 1001< out thaL family room door you won't bo
3 able to soa past tho qoraQ~, which La ua is siQnificant for
4 suveral reasons. Numbor ana, wo Would like La bo able to do
5 that in order to, whon peoplo come, to Qet (1 better view
6 ellrl ier as to who ia cominQ.
7 Secondly, we think lL'a beLtor by qetLinq the
8 qaraqe farther hack, it's Qolnq La be more aesthotically
9 pleasinq, and WO fool also that it will be just qottinq
10 evorythinQ farther away from Old 'iorlt Road, which has other
11 po~aib1e advantaqes. Our well is located where I indicated
12 with a cirelo on our properly. Riqht now there's about 21,
13 22 feot botwoon the well and Lhe qaraqe, which is okay, but
14 we'd like to qet aqain as much of 0 .. if we could qet
15 another at least five feet with tho variance 80 that would
16 qive us a little more room to put in a sidowalk and qat it
17 farther from our well.
18 So, those aro tho reasons why we feel .. well,
19 it's the beqinninq of the reasons why we fe~l a variance
20 would be appropriate under the zoninq ordinance. Althouqh
21 we're only spoakinq of maybe five to seven or oiqht feet,
22 this is .. what we have to work with in the first place is
23 relatively narrow at that point, and the extra five to seven
24 feet, as I noted, will, number one, allow that view out of
".-'1 25 the family room door, allow us to put down a sidewalk where
C,P.c,R,S.
(717) 258.3657 or (800) 8~3' 3657
')
1
16
MR. LAN'fZ I
I put in my application two feet,
3
4 bouqht?
5
6
8
11
13
15
16 qaraqe?
17
18
19 two foot.
20
21 we ..
22
2 whatever you feel,
THre SOLICITOR I
Two feet from the lot that you
MR. LANTZ I
Riqht.
THIlJ SOLICITORI
For. tho driveway. And how many
7 feet for Lhe qaraqe?
MR . LANTZ I
Woll, I put in there two feet for
9 that too, but if you feel that's two tiqht, as I said, five
10 feet iB qoinq to help us out a lot.
MR. EI3'i1
The two foet is to the bottom of the
12 qaraqe or the roof overhanq? Ie there a roof overhanq?
MR. LANTZ I
It's .. on our house there's just a
14 trim board, There's no ovarhanq. I'm qoinq to match that.
MR. ES'i1
so, thoro will be no overhanq on the
MR. LANTZ I Right, Well, an inch, couple inches,
THIl: CHAIRUI\NI So, you're actually askinq for a
MR. LANTZ I If we could, two feet for both and
MR. ESYI
YoU own the lot next door. Having two
23 feet there is difficult to have any sort of maintenance take
24 place on that side of the qaraqe. It's, you know, you
.~j 25 really don't leave very much room to work on the side of the
C.P,c.R,S.
(717) 258-3657 or (800) 863-3657
17
'1
1 qaraQe.
2
MR. LANTZ I
I would
as I said, I think what
3 we will end up doinq is movinQ it five foet closer, have
4 five feeL betweon the lino.
5 MR, E13Yr That's probably a little more .. well,
6 I mean, it makos it moro funcLional, If somotime lator
7 somebody e1so livos Lhoro and owns this Qaraqo, and thell
8 somebody also 1ivos neXL door and maybo Lhoy' re not the same
,
9 person. Then Lhat could bo a conflict, Well, I qot to put
10 sidinq on the side of my qaraq"l, or I qot to fix this or
11 that. You can't qat to iL becauBo it's, you know. You
12 can't be there without beinq on somebody elsa's qround. It
13 could create a problem.
14
MR, LANTZ I That makes sonse. How about if we
15 amend our application and request five feet?
16
MR. EBYI Fivo is probably functional. Because
17 the other way, you lmow, qranted you own the qround, but 50
18 years from now who's qat tho problem? You qat to think
19 about what nliqht happen.
20
TilE CHAIRMAN I Even if you would sell that lot,
21 thore would be the possibility that
22
MR. E13Yr You're probably not Qoinq to live
23 forever, and whoever else is there is not either. Sooner or
24 later somebody olse has qat to doal with it.
....)
25
MR. WERTIMEI
Mr. Eby, aimply for the record I'd
c,P.c,R.S.
(717) 258-3657 or (800) 86).3657
....,
~B~CTlvm coVmNAtll
Thin rft~triative covenant iu made on Saptombar ,199~ by
Delano M. J:.,l1ntlt and Donoro J. t,nntz, husbElnd and wife, 1113 oWnln'l!I
of Lot No. 1 of tho SubdivifJion Plan of Genavieva A, Dillhl afJ
recorded in the OfficoJ of the Rocorder Qf OaQds for CUlllblll:"land
County in Plan nook 25, Pagll 115, which property is located in
Dickinson Township, Cumberland County, Pennsylvania and more
particularly defJcribed in Cumberland county Coed Baok 112, Page
615,
The said parties, as owners of the said ~ot No, 1 covenant
and agree, fo~ themselves, their heirs, executors,
administrators, assigns and auccessors in title that, not
withstanding any provision of the Zoning or subdivision
Ordinances of Dickinson Township, cumbarland County, Pennsylvania
that may allow a lesser setback, the building setback shall be 15
feet along and only along the following portion of thll southerly
property line of said tractl Beginning at a nail in the center
of LR 21031, said nail being 95,5 feet, more or less, in a
northerly direction in said road from the center of Pennsylvania
Highway Route 1711 thence South 75046'03"W 139,55 feet to a post.
This restrictive covenant is being entered of record in
connection with the variance that was granted to DelanQ M, Lant2
and Donore J. Lantz, as owners of the property immediately south
of and contiguous to the said Lot No, 1 on the Subdivision Plan
of Genevieve A, Piehl, said tract being known as 603 West Old
York Road and described in the deed recorded in the aforesaid
office in Oe~d Book Z, Volume 25, Page 401. The said variance
permitted the owners of said tract to construct a driveway and
garage within five feet of the northerly property line of said
tract at 603 West Old York Road,
IN WITNESS WHEREOF, the said Delano M. Lantz and Ponore J,
Lantz have executed tnis restrictive covenant with intent to be
legally bound as of the day and year first written above,
WITNESS I
Pelano M. Lantz
Exhibit 1\
Ponore J. Lantlt
, '
"
'.- el ,,.;
f' . Lit I:; il.
r 1"1 l
~'(. I",'
, I
, ' .
I~: 'I'.
I, ,'l;',"!
~,: ."71 ,j'l)
'I' ':'1 .I
C-:'II C: , ,jJ)
.~-
I ..., 'I
" I.-I lJ
~; .. \
"
"
"
I {
'....J
"
.,
, ,
,
I
1/
i l
/,
"
, ,
I,
, ,
"
"
I
I'
, '
,
',-,
"
,
, ,
"
'/
,
,