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Home My WebLink About01-1382 FX ,'"," ~o '.~ ,,",, -~ r'~ -ll:--: LOWER ALLEN TOWNSHIP, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA v. DOCKET NO. ot- /3q;) ~ ZONING HEARING BOARD OF LOWER ALLEN TOWNSHIP, Appellee Civil Action - Law Land Use Appeal NOTICE OF LAND USE APPEAL Lower Allen Township, by its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., appeals from the decision of the Zoning Hearing Board of Lower Allen Township, pursuant to the provisions of Article X-A, Sections 1l00l-A through 1l006-A, 53 P.S. Sections 1l00l-A through 1l006-A, of the Pennsylvania Municipalities Planning Code of 1988, (herein "MPC"), July 31, P.L. 805, No. 247, as amended. 1. Appellant, Lower Allen Township, ("Township") is a first-class township duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office at Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Appellee, the Zoning Hearing Board of Lower Allen Township, ("Zoning Hearing Board") is the duly constituted Zoning Hearing Board of Lower Allen Township, Cumberland County, Pennsylvania with its principal office at Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 3. The subject property is improved with a dwelling and a detached accessory structure, and is known as and numbered as 206 Locust Street, Camp Hill, Pennsylvania, 17011. The property is owned by Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania, 17055. The applicant before the Zoning Hearing Board is Susan Kline, who resides at Document #: 199552.1 1 - ,~-<,' ;L~' " ",' '...~=,"";,,,,,,,,,,~~,t 206 Locust Street, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011. The subject property is a residential lot in an R-1, single family established residential district, under Chapter 220, Zoning, of the Codified Ordinances of Lower Allen Township (1997). 4. On or about November 14, 2000, Susan Kline ("Kline") applied for a special exception for a use described as "office use to see clients for foot reflexology, energy therapy, ear candling, yoga and meditation instruction. " 5. The application of Susan Kline advertised for the following relief: (a) a special exception from the provisions of Section 220-122(B)(2), and (b) a variance from the provisions of Section 220-122(B)(9)(F) and Section 220-12 of the Codified Ordinances of Lower Allen Township, as amended. 6. The applicant sought to establish a home occupation in an accessory structure for the purpose of teaching yoga and meditation with the number of students exceeding four per class. 7. Hearings were held before the Zoning Hearing Board on December 21, 2000 and January 18, 2001. 8. By Decision dated February 15, 2001, Zoning Hearing Board issued its Decision, granting Applicant's request for a special exception for delivery of foot reflexology, energy therapy and ear candling services, and for yoga and meditation instruction with a limitation of five classes per week and ten persons per class. (See Exhibit A, Decision). 9. Zoning Hearing Board found that under Section 220-12(E), home occupation in accordance with Section 220-122 is a permitted use within the R-1 district. 10. Zoning Hearing Board also found that applicant's proposed home occupation will have clients or patrons at the site and will generate additional traffic, and that it therefore required a special exception. Document #: 199552.1 2 ^-<C .. ,,, C-,_ '''. , ~'~di. 11. Zoning Hearing Board found that applicant's proposed home occupation is not specifically listed under 220-122(B)(9), but that it had similarities to listed home occupations. Zoning Hearing Board went on to hold that applicant's use is deemed a home occupation under Section 220- 122(B)(9)(u) of the Codified Ordinances. Zoning Hearing Board further found that applicant had met the conditions and criteria for a special exception and held that the proposed use was not detrimental to the health, safety or welfare of the neighborhood. 12. Zoning Hearing Board also held that because the limitation of ten persons per yoga or meditation class is a part or component of the use deemed by the Board to be a home occupation, the applicant did not need a variance from Section 220-122(B)(9)(t). 13. Under the provisions of Section 908(3) of the MPC, 53 P.S. ~10908(3), Township is a party to the proceedings before the Zoning Hearing Board. 14. Medical type occupations are permissible home occupations under Section 220- 122(B)(9)(s). This section limits medical type home occupations to the professional offices of licensed professionals. 15. Zoning Hearing Board also held that because the quasi-medical portion of applicant's occupation was a permissible home occupation under Section 220-122(B)(9)(u), the applicant did not need a variance from Section 220-122(B)(9)(s). 16. The action of the Zoning Hearing Board in granting the special exception to applicant is arbitrary, capricious and abuse of discretion, and contrary to law in that: (a) The zoning ordinance permits teaching or tutoring as a home occupation at Section 220-122(B)(9)(t). It states specifically at Section 220-122(B)(9)(t) that a home occupation shall include the following uses: (t) teacher or tutor, limited to no more than four students at one time. Contrary to this Decision, the Zoning Hearing Board Document #: 199552.1 3 . .~ . ~" held that the applicant's home occupation was a deemed use per Section 220- 122(B)(9)(u), "All other uses deemed as home occupations by the Zoning Hearing Board. " (b) Zoning Hearing Board has erred in its decision by deeming a home occupation with ten students to be permissible by not requiring the applicant to meet the criterion of a variance in that the ordinance does permit teaching or tutoring, but no more than four students at one time in that home occupation at Section 220-122(B)(9)(t). (c) Section 200-122(B)(2) requires an applicant to have sufficient parking to accommodate her clients or patrons. The Zoning Hearing Board erred in granting the special exception, since the applicant's evidence showed that parking was inadequate for ten (10) students per the Codified Ordinances. (d) The action of the Zoning Hearing Board in not requiring the applicant to meet the criteria of a variance from 220-122(B)(9)(t) is contrary to law, since the Zoning Hearing Board must grant only the minimum relief required. (e) The Zoning Ordinance permits medical treatment type services as a home occupation at Section 220-122(B)(9)(s). Section 220-122(B)(9)(s) limits medical type services that can be performed as a home occupation to professional offices of licensed professionals. Contrary to this limitation, the Zoning Hearing Board held that the applicant's home occupation was a deemed use pursuant to Section 220-122(B)(9)(u), "all other uses deemed as home occupations by the Zoning Hearing Board." (t) The Zoning Hearing Board has erred in its decision by deeming a home occupation of medical treatment services by a non-professional to be permissible by not requiring the applicant to meet the criterion of a variance in that the ordinance does Document #: 199552.1 4 - ',Ji____ "''''dll>-,,,,,,,JR_-,,,c_ permit medical services, but only when performed by a licensed professional at Section 220-122(B)(9)(s). (g) The action of the Zoning Hearing Board in not requiring the applicant to meet the criteria of a variance from Section 220-122(B)(9)(s) is arbitrary, capricious and an abuse of discretion and contrary to law. WHEREFORE, applicant, Lower Allen Township, prays your Honorable Court to reverse the decision of the Zoning Hearing Board of Lower Allen Township, and dismiss the application of Susan Kline for a special exception and/or a variance. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~ Steven It. Miner, Esquire LD. No. 38901 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: Y!~/G I I Solicitors for Lower Allen Township Document#: 199552.1 5 e~..,-' OIiiriWt IN THE MATTER OF BEFORE THE LOWER ALLEN TOWNSHIP THE APPLICATION OF ZONING HEARING BOARD SUSAN KLINE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2000-16 DECISION GRANTING SPECIAL EXCEPTION AND DENYING VARIANCE The Applicant requests a special, exception for a home occupation, and a variance to allow her to teach more than four students at one time. Hearings were held before the Board on December 21, 2000, and January 18, 2001. FINDINGS OF FACT 1. Notice of the hearing was properly advertised, the subject property was posted, and all property owners required to be notified of the hearing were notified in accordance with the Codified Ordinances. 2. The Applicant is Susan Kline, who resides at 206 Locust Street, Camp Hill (Lower Allen Township, Cumberland County), Pennsylvania 17011. 3. The Applicant is a tenant in the subject property, which is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania. 4. The subject property is a residential lot in an R-1 district, improved with a dwelling and detached accessory - 1 - E~.A ~, ~ structure, and is known as and numbered 206 Locust Street, Camp Hill, Pennsylvania. 5. The Applicant resides in the dwelling, and desires to use the detached accessory structure to perform foot reflexology, energy therapy and ear candling, and to teach yoga and meditation. 6. The Applicant will have no employees. 7. Only one person at a time will receive foot reflexology, energy therapy or ear candling. 8. Applicant proposes a maximum of five classes of yoga or meditation per week, with a maximum of 10 students in each class. 9 . The Township of Lower Allen was represented at the hearings by David H. Martineau, Esquire. 10. Mark Hilbert and Elizabeth Hilbert supported the application. 11. No one else appeared at the hearings to testify either in support of or in opposition to the requested relief. CONCLUSIONS OF LAW 1. This Board has jurisdiction over an application for a special exception under Sections 220-223 (B) (6) and 220-223(D) of the Codified Ordinances. 2. This Board has jurisdiction over an application for a variance under Sections 220-223 (B) (5) and 220-223 (C) of the Codified Ordinances. - 2 - 3. Under Section 220-12(E), a home occupation in accordance with Section 220-122 is a permitted use within the R-1 District. 4. Since Applicant's proposed home occupation will have clients or patrons at the site and will generate additional traffic, it may only be permitted by special exception. Codified Ordinances, Section 220-122(B) (2). 5. While the Applicant's proposed home occupation is not specifically listed under Section 220-122 (B) (9), it has similarities to some of the listed home occupations, and in view of the limitation to five yoga or meditation classes per week, with a maximum of 10 students per class, is deemed a home occupation under Section 220-122(B) (9) (u) of the Codified Ordinances. 6. The Applicant has met the conditions and criteria for a special exception, and the proposed use is not detrimental to the health, safety or welfare of the neighborhood. 7. Because the limitation to 10 persons per yoga or meditation class is a part or component of the use deemed by the Board to be a home occupation, the Applicant does not need a variance from Section 220-122 (B) (9) (f). 8. Applicant's request for a variance is also denied on the basis that she has not satisfied the criteria set forth in Section 220-223(C) (1), (2), (3) and (5) of the Codified Ordinances. DECISION In view of the foregoing findings of fact and conclusions of law, and in consideration of the testimony and evidence presented - 3 - --- ," ~' , '-"~ '.-~~ ~ ~ ~, ,", .-~~ -.' ,,,,,. 't'~ at the hearings, the Applicant's request for a special exception for delivery of foot reflexology, energy therapy and ear candling services and for yoga and meditation instruction with a limitation of five classes per week and 10 persons per class, be and is hereby approved. The Applicant shall maintain strict compliance with the testimony and evidence presented to the Board. This decision constitutes approval of only the use proposed by the Applicant and defined herein, and does not relieve the Applicant from compliance with all ordinances, requirements and regulations of the Township. Finally, for the reasons expressed in the foregoing conclusions of law, the Applicant's request for a variance be and is hereby denied. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD ~ Date: Z~/~"-()I - 4 - , , '. ,~ ~ ^ 'I I" I ~'l.OMJ,,(f CERTIFICATE OF SERVICE I, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors for Lower Allen Township, hereby certify that on March 0 ,2001, I served a copy of the foregoing Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, addressed to: Zoning Hearing Board of Lower Allen Township Township Municipal Building 1993 Hummel Avenue Camp Hill, PA 17011 Deunis J. Shatto, Esquire CLECKNER & FEAREN 31 North Second Street Harrisburg, PA 17101 Susan Kline 206 Locust Street Camp Hill, PA 17011 ~. St ven P. Miner, Esquire Document#: 199552./ 6 ,,'~~ ~. "~ ,'1. __ --~ ;"';":-;'j, . Lower Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V5. Zoning Hearing Board of Lower Allen Township NO. 01-1382 CIVIL 19 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board of Lower Allen Township: We, being willing for certain reasons, to have certified a certain action between Lower Allen Township vs Zonign Hearing Board of Lower Allen Township pending before you, do carmand you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Conmon Pleas at Carlisle, within (20) days of the date hereof, together with this writ: so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable George E. Hoffer, P.J. ,. ~ our said Court, at Carlisle, Pa., the 9th day of March , 2JOlOL- '.. f~~ ,,,,........< .~"" ..L __ 1_,' ~. nllf""!~"",~,.~W-,,,.w,.":i , ,. . J LOWER ALLEN TOWNSHIP, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 01-1382 Civil ZONING HEARING BOARD OF LOWER ALLEN TOWNSHIP, Appellee Civil Action - Law Land Use Appeal CERTIFICATE OF SERVICE I, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., Solicitors #1 for Lower Allen Township, hereby certify that on March~, 2001, I served a copy of the foregoing Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, addressed to: Zoning Hearing Board of Lower Allen Township Township Municipal Building 1993 Hummel Avenue Camp Hill, PA 17011 Dennis J. Shatto, Esquire CLECKNER & FEAREN 31 North Second Street Harrisburg, PA 17101 Susan Kline 206 Locust Street Camp Hill, PA 17011 -.-' Document #: 199552.1 1 - 1_. ~ ~ . ~;" ~"". _,".J<","'n""'=~_ ~. TABLE OF CONTENTS Docket No. 01-1382 1. Writ of Certiorari 2. Notice of Land Use Appeal 3. Letter dated November 29, 2000 to The Patriot-News Company 4. Notice of Zoning Hearing Board Meeting on December 21,2000 5. Proof of Publication. of Zoning Hearing Board Meeting 6. Application of Susan Kline, 206 Locust Street, Camp Hi\1, P A to go before the Zoning Hearing Board on December 21, 2000 7. Memo of phone conversation between applicant, Susan Kline and John M. Eby, Lower Allen Township Zoning Officer 8. Transcript from Zoning Hearing Board meeting held on December 21, 2000 9. Transcript from Zoning Hearing Board meeting held on January 18,2001, a continuation from the December 21, 2000 meeting. The decision was made at this meeting. 10. Written decision for Docket #2000-16 - Susan Kline, 206 Locust Street, Camp Hi\1, P A II. Letter dated February 26, 200 I from John Eby to Board of Commissioners . ~ SENPeA: . .Con\jJIllto\loma1.BlI<!I<lr2for-----'-.~ la'-"~~ --, lh , . Complete ilems 3, 40, and 4b. -~ -~_. - ...m. w re_Y8 a I . =':U~~ iJJld address on the reverae of this tOrm 80 that we can retUm Ihls :=:)~ (for an ; " . =. ~ Illnn '" 1I10..nt of tile maJ'pJece, or on the _w space -. not 1. 0 Addressee's Address j I l · Write Retum Reoefpt Iiequestecr on the m..II..I....... h.dfttt. "'-.. ' 2 0 .- . Tho Relum Rece'PfWlU show to whom MO .rti:il';;".-de"::."' d-andO number. . Restricted Delivel)' delivered. " ' ' '" ,,,t;lr8' the date g 3. Article Addressed to. Ponsun posII!laster lor fee. 1l. I . 4&, Ar1icIa Numbsr ii is. LR ALI.EN'lWP ~ HFAR III> 7099 3400 0018 5004 8136 I ~ 1993 HIHm. AVE ~'=::lI i · CAMP HILL PA 17011 0 c-reas Mall ...... " 01-1382 q RefumAec:alptforMeroh 1 7. Data of Dalivel)' ! requested I ! ~Cerlified '0 Ineured o COO 8. Addressee's and fee Is paid) 'ttl?5ftr: 98 B 0228 "i,C Return Receipt Jt~!,. ifill' ---.,-~~~,.".~- ",- ...1 ..J:l m 0-'1 '" U.S. PostaCService - --, , CERTIFIED MAIL RECEIPT.' .' " (Domestic Mail Only; No Insurance COJle~~r!e Proyided) .:~ , ~ ~ i<'j, :r Cl Cl U1 . . C" , ,l ! " .. " --,,~ . , " Postage . . , Certified Fee Postmark Return Receipt Fee Here (Endorsement Aequired) ---., Restricted Delillery Fee (Endorsement Requlre.dJ Total Postage & ~ees $ - '" 0-'1 Cl Cl Cl Cl ~ :~:;~~~Iii.~::!!:~~7i!t~::::~::==::::: ::;:' CIty. t.,ZlP+' ,:.., ~. IIMI ,,'" ~,~", ~- ~ ,.~ ,~ - " ~, I .~ l;!I!t'~~" Lower Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Zoning Hearing Board of Lower Allen Township NO. 01-1382 CIVIL 19 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Zoning Hearing 80arq of Lower Allen Township: We, being willing for certain reasons, to have certified a certain action between Lower Allen Township vs Zonign Hearing Board of Lower Allen Township pending before you, do ccmnand you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our Court of Comnon Pleas at Carlisle. within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable George E. Hoffer, P.J. .~L- our said Court, at Carlisle, Pa., the 9th day of ' March TRUE <"OPV FROM RECORD 'n Testimony whereof, I here IInto set my hand and .~~, ,$IlaI( . of S.~l? Co. rt, at CarliSle. Pa. '. fh _~, daUol 'Vtltn 0(00 f Prot (~~~ rothon ary ,.~~J.. ,~~ . k ~ . .- '., -~~_........~~"~ ~ ""~'!,,-' LOWER ALLEN TOWNSHIP, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. YJ/ - ) 3 r l.. ~ ZONING HEARING BOARD OF LOWER ALLEN TOWNSHIP, Appellee Civil Action - Law Land Use Appeal NOTICE OF LAND USE APPEAL Lower Allen Township, by its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., appeals from the decision of the Zoning Hearing Board of Lower Allen Township, pursuant to the provisions of Article X-A, Sections 1l00l-A through 1l006-A, 53 P.S. Sections llOOI-A through l1006-A, of the Pennsylvania Municipalities Planning Code of 1988, (herein "MPC"), July 31, P.L. 805, No. 247, as amended. 1. Appellant, Lower Allen Township, ("Township") is a first-class township duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office at Towmhip Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Appellee, the Zoning Hearing Board of Lower Allen Township, ("Zoning Hearing Board") is the duly constituted Zoning Hearing Board of Lower Allen Township, Cumberland County. Pennsylvania with its principal office at Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 3. The subject property is improved with a dwelling and a detached accessory structure, and is known as and numbered as 206 Locust Street, Camp Hill, Pennsylvania, 17011. The property is owned by ,Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania, 17055. The applicant before the Zoning Hearing Board is Susan Kline, who resides at Document#: /99552./ 1 ""'~~ " ,~~~ J ,~>" - I 1_ - - "= ''',",,_~f-,' 206 Locust Street, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011. The subject property is a residential lot in an R-l, single family established residential district, under Chapter 220, Zoning, of the Codified Ordinances of Lower Allen Township (1997). 4. On or about November 14, 2000, Susan Kline ("Kline") applied for a special exception for a use described as "office use to see clients for foot reflexology, energy therapy, ear candling, yoga and meditation instruction. " 5. The application of Susan Kline advertised for the following relief: (a) a special exception from the provisions of Section 220-122(B)(2), and (b) a variance from the provisions of Section 220-122(B)(9)(F) and Section 220-12 of the Codified Ordinances of Lower Allen Township, as amended. 6. The applicant sought to establish a home occupation in an accessory structure for the purpose of teaching yoga and meditation with the number of students exceeding four per class. 7. Hearings were held before the Zoning Hearing Board on December 21,2000 and January 18,2001. 8. By Decision dated February 15, 2001, Zoning Hearing Board issued its Decision, granting Applicant's request for a special exception for delivery of foot reflexology, energy therapy and ear candling services, and for yoga and meditation instruction with a limitation of five classes per week and ten persons per class. (See Exhibit A, Decision). 9. Zoning Hearing Board found that under Section 220-12(E), home occupation in accordance with Section 220-122 is a permitted use within the R-l district. 10. Zoning Hearing Board also found that applicant's proposed home occupation will have clients or patrons at the site and will generate additional traffic, and that it therefore required a special exception. Document #: 199552,1 2 ""' ~" , ~~ - ~ ~' ~,~ Ri'l1i ',= ~ ~'''''-1:~ 11. Zoning Hearing Board found that applicant's proposed home occupation is not specifically listed under 220-122(B)(9), but that it had similarities to listed home occupations. Zoning Hearing Board went on to hold that applicant's use is deemed a home occupation under Section 220- 122(B)(9)(u) of the Codified Ordinances. Zoning Hearing Board further found that applicant had met the conditions and criteria for a special exception and held that the proposed use was not detrimental to the health, safety or welfare of the neighborhood. 12. Zoning Hearing Board also held that because the limitation of ten persons per yoga or meditation class is a part or component of the use deemed by the Board to be a home occupation, the applicant did not need a variance from Section 220-122(B)(9)(t). 13. Under the provisions of Section 908(3) of the MPC, 53 P.S. ~10908(3), Township is a party to the proceedings before the Zoning Hearing Board. 14. Medical type occupations are permissible home occupations under Section 220- 122(B)(9)(s). This section limits medical type home occupations to the professional offices of licensed professionals. 15. Zoning Hearing Board also held that because the quasi-medical portion of applicant's occupation was a permissible home occupation under Section 220-122(B)(9)(u), the applicant did not need a variance from Section 220-122(B)(9)(s). 16. The action of the Zoning Hearing Board in granting the special exception to applicant is arbitrary, capricious and abuse of discretion, and contrary to law in that: (a) The zoning ordinance permits teaching or tutoring as a home occupation at Section 220-122(B)(9)(t). It states specifically at Section 220-122(B)(9)(t) that a home occupation shall include the following uses: (t) teacher or tutor, limited to no more than four students at one time. Contrary to this Decision, the Zoning Hearing Board Document #: 199552.1 3 ~.~_.~, y ~. ~, -~~ ...0.-. . ~-.. .'--..-.......~_dl".,,'.o""~<?r',. held that the applicant's home occupation was a deemed use per Section 220- 122(B)(9)(u), "All other uses deemed as home occupations by the Zoning Hearing Board. " (b) Zoning Hearing Board has erred in its decision by deeming a home occupation with ten students to be permissible by not requiring the applicant to meet the criterion of a variance in that the ordinance does permit teaching or tutoring, but no more than four students at one time in that home occupation at Section 220-122(B)(9)(t). (c) Section 200-122(B)(2) requires an applicant to have sufficient parking to accommodate her clients or patrons. The Zoning Hearing Board erred in granting the special exception, since the applicant's evidence showed that parking was inadequate for ten (10) students per the Codified Ordinances. (d) The action of the Zoning Hearing Board in not requiring the applicant to meet the criteria of a variance from 220-122(B)(9)(f) is contrary to law, since the Zoning Hearing Board must grant only the minimum relief required. (e) The Zoning Ordinance permits medical treatment type services as a home occupation at Section 220-122(B)(9)(s). Section 220-122(B)(9)(s) limits medical type services that can be performed as a home occupation to professional offices of licensed professionals. Contrary to this limitation, the Zoning Hearing Board held that the applicant's home occupation was a deemed use pursuant to Section 220-122(B)(9)(u), "all other uses deemed as home occupations by the Zoning Hearing Board. " (f) The Zoning Hearing Board has erred in its decision by deeming a home occupation of medical treatment services by a non-professional to be permissible by not requiring the applicant to meet the criterion of a variance in that the ordinance does Document #: 199552.1 4 "ri_~~ ~~ - " . I -, ~~._-> l~~" permit medical services, but only when performed by a licensed professional at Section 220-122(B)(9)(s), (g) The action of the Zoning Hearing Board in not requiring the applicant to meet the criteria of a variance from Section 220-122(B)(9)(s) is arbitrary, capricious and an abuse of discretion and contrary to law. WHEREFORE, applicant, Lower Allen Township, prays your Honorable Court to reverse the decision of the Zoning Hearing Board of Lower Allen Township, and dismiss the application of Susan Kline for a special exception and/or a variance. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By ~/\--- Steven It. Miner, Esquire I.D. No. 38901 3211 North Front Street Post Office Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: }/Z/G / I Solicitors for Lower Allen Township I TRl1E (,OPY FROM RECORD . n TestImony Whereof. I. here IInto set my hand a~ ,the,~ of sai.l1 un at Car.IIS1e ea. fll/. +f... da 9 ptCLn:(\. '.J]jo I , ." D---7\.L~ ", ct. ~ , PrOlllo ~~ -t-r, ' Document #: 199552.1 5 "c"",,-,""-""',,,", ."~ -~ ~~ "n'~ 1",= __,~ , . -~---~".'" ~ '~ 1 ~] 11 .'. ..jgf<;~ CERTIFICATE OF SERVICE I, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.. Solicitors o for Lower Allen Township; hereby certify that on March~, 2001, I served a copy of the foregoing Notice of Land Use Appeal by depositing same in the United States mail. certified mail, return receipt requested, postage prepaid, addressed to: Zoning Hearing Board of Lower Allen Township Township Municipal Building 1993 Hummel Avenue Camp Hill, PA 17011 Dennis J. Shatto, Esquire CLECKNER & FEAREN 31 North Second Street Harrisburg, PA 17101 Susan Kline 206 Locust Street Camp Hill, PA 17011 ~ St ven P. Miner, Esquire Document #: /99552./ 6 ~:;'''''".'-,.".,,,.'~,~ ,,\ill L,J, ,. -''^ " "i ~~ ~li/IW' '::lil'l":l"' ,"'_w, IN THE MATTER OF BEFORE THE LOWER ALLEN TOWNSHIP THE APPLICATION OF ZONING HEARING BOARD SUSAN KLINE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2000-16 DECISION GRANTING SPECIAL EXCEPTION AND DENYING VARIANCE The Applicant requests a special, exception for a home occupation, and a variance to allow her to teach more than four students at one time. Hearings were held before the Board on December 21, 2000, and January 18, 2001. FINDINGS OF FACT 1. Notice of the hearing was properly advertised, the subject property was posted, and all property owners required to be notified of the hearing were notified in accordance with the Codified Ordinances. 2. The Applicant is Susan Kline, who resides at 206 Locust Street, Camp Hill (Lower Allen Township, Cumberland County), Pennsylvania 17011. 3. The Applicant is a tenant in the subject property, which is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania. 4. The subj ect property is a residential lot in an R-1 district, improved with a dwelling and detached accessory - 1 - E'I.A --'"," ~, - , ' ,~ .~, ~ -.:"~_' i - ~, ^, "~ ,~ '~.......';U~" structure, and is known as and numbered 206 Locust Street, Camp Hill, Pennsylvania. 5. The Applicant resides in the dwelling, and desires to use the detached accessory structure to perform foot reflexology, energy therapy and ear candling, and to teach yoga and meditation. 6. The Applicant will have no employees. 7. Only one person at a time will receive foot reflexology, energy therapy or ear candling. 8. Applicant proposes a maximum of five classes of yoga or meditation per week, with a maximum of 10 students in each class. 9. The Township of Lower Allen was represented at the hearings by David H. Martineau, Esquire. 10. Mark Hilbert and Elizabeth Hilbert supported the application. 11. No one else appeared at the hearings to testify either in support of or in opposition to the requested relief. CONCLUSIONS OF LAW 1. This Board has jurisdiction over an application for a special exception under Sections 220-223 (B) (6) and 220-223(D) of the Codified Ordinances. 2. This Board has jurisdiction over an application for a variance under Sections 220-223 (B) (5) and 220-223(C) of the Codified Ordinances. - 2 - ,~~~"'"=~'~ ^' ~, " ,""", . ~' ~',^,.' ,~.. .,~" ~ .""Ii#:': 3. Under Section 220-12(E), a home occupation in accordance with Section 220-122 is a permitted use within the R-1 District. 4. Since Applicant's proposed home occupation will have clients or patrons at the site and will generate additional traffic, it may only be permitted by special exception. Codified Ordinances, Section 220-122(B) (2). 5. While the Applicant's proposed home occupation is not specificf;llly listed under Section 220-122 (B) (9) , it has similarities to some of the listed home occupations, and in view of the limitation to five yoga or meditation classes per week, with a maximum of ~o students per class, is deemed a home occupation under Section 220-~22(B) (9) (u) of the Codified Ordinances. 6. The Applicant has met the conditions and criteria for a special exception, and the proposed use is not detrimental to the health, safety or welfare of the neighborhood. 7. Because the limitation to ~O persons per yoga or meditation class is a part or component of the use deemed by the Board to be a home occupation, the Applicant does not need a variance from Section 220-~22(B) (9) (f). 8. Applicant'S request for a variance is also denied on the basis that she has not satisfied the criteria set forth in Section 220-223(C) (1), (2), (3) and (5) of the Codified Ordinances. DECISION In view of the foregoing findings of fact and conclusions of law, and in consideration of the testimony and evidence presented - 3 - " =,~>""---,.., L,," ~,~,,~ ., ". - ---.;.,~~~. "" ---~. .. ..~ - ~ '~~"",~",;,,"\,;,'~''''~^'''''''- , at the hearings, che Applicant's request for a special exception for delivery of foot reflexology, energy therapy and ear candling services and for yoga and meditation instruction with a limitation of five classes per week and 10 persons per class, be and is hereby approved. The Applicant shall maintain strict compliance with the testimony and evidence presented to the Board. This decision constitutes approval of only the use proposed by the Applicant and defined herein, and does not relieve the Applicant from compliance with all ordinances, requirements and regulations of the Township. Finally, for the reasons expressed in the foregoing conclusions of law, the Applicant I s request for a variance be and is hereby denied. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD J5~ Date: Z-/~--()I - 4 - .~=<~.'"""' ~" l." ." _ w. mli!t:illr "" -~:;.lM"__,",,,'V CERTIFICATE OF SERVICE I, Steven P. Miner, of the law firm of Metzger, Wickersham. Knauss & Erb, P.e., Solicitors o for Lower Allen Township, hereby certify that on March~, 2001, I served a copy of the foregoing Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt requested, postage prepaid, addressed to: Zoning Hearing Board of Lower Allen Township Township Municipal Building 1993 Hummel Avenue Camp Hill, PA 17011 Dennis J. Shatto, Esquire CLECKNER & FEAREN 31 North Second Street Harrisburg, PA 17101 Susan Kline 206 Locust Street Camp Hill, PA 17011 ~ St ven P. Miner, Esquire Document #: 199552,1 6 ,,,,,,,,,~~~~..............i,, .~.~ * ~"' ~ ' - """"~;;:."'~",,'''' . . 1993 HUMMEL AVENUE" CAMP HILL, PENNSnmNt4 17011-5983 November 29, 2000 Rosalyn Holton % The Patriot-News Company Classified Legals P.O. Box 3565 Harrisburg, PA 17105-3565 Dear Ms. Holton: Please place the enclosed Public Meeting Notice in the Legal Notice Section of the WEST on Tuesday, December 5, 2000 and Tuesday, December 12, 2000. The bill and proof-of-publication should be sent to this office. Sincerely, 110jtl~rnol t:t!)Urlti' AS) Raymond E. Rhodes Township Manager /sd Enclosure Phone: (717) 975-7575. Fax: (717) 737-4182. http://www./ower-allen.pa.us =~,~ - ., ,J ._"~ J..._ ~~ lj~ - ,,~ "~ L I ."'~~ . ~~~ 'dIA ,', "-~ J!l~Ui:tL, NOTICE is hereby given that the Zoning Hearing Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, will hold a Public Hearing on Thursday, December 21,2000 at 7:00 p.m., at the Lower Allen Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Pennsylvania, to consider: I. Docket #2000-16 - The application of Susan Kline, 206 Locust Street, Camp Hill, PA requests a special exception from the provisions of Section 220-122(B)(2), and a variance from the provisions in Section 220-122(B)(9)(f) and Section 220- 12 of the Codified Ordinances of Lower Allen Township as amended (Herein "Ordinances"). The applicant wants to establish an office use in the R -I zoning district for a home occupation in an accessory structure with the number of students exceeding 4. 2. Any matters of general business to deliberate upon any such matters which are pending before the Board of Commissioners and which are appropriate for consideration at a public meeting. By Order of Lower Allen Township Zoning Hearing Board of Commissioners Raymond E. Rhodes Township Manager Board of Commissioners THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: I Ii That he is the Ass!. Controlier of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of generai circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ali have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pUblished in their regular daily and/or Sunday/ Metro editions which appeared on the 5th and 12th day(s) of December 2000. That neither he nor said Company is interested in the SUbject matter of said printed notice or advertising, and that ali of the aliegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaliy by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi,!) in Miscelianeous Book "M", V;I~:L1I~:~~~:' ................LL........;..U~............. ............. ............. COpy ~Jle~.ll!l ~~tices :: .\ nyglVenthctth& Zoning H~a-I"'" Gri'lmlasIOt'l~t'$,of LOWE!r AI1~n Derti:II'1t' CoUntY. Penn5ylv~ Public Hear!!,!, 911 Thurs4a'(,. ' at 1:00. p.m.. Crt the Lower id,ip Munlc!pol building, 1993 ~~,.~mp HIII~ P.J'l~lI"l'lVQj'l.!' 0'--'6,- "'I'M-bpClltccrllon 0.1 susC" ocust Street, Camp HlII, PA, re~ ial exception trom the provlslcm.s '22(B){21, and a'yariance from me PI" &"lh Sectl~.r' ~.l22(B)(f)~~~nd _'~lor:.Lm:-12 C!t,l:!',e- COclifled Ordlnonclt5- Cf 'L;owcr'Ail~n TOWnship; os an'ltll'lded (H...r~lp ~'dralnance$~). The QPPiicantwon!S t? er;@:i- list\orloftke use l.n the R-l zonlng<!lstnctfOr~ I' h6jfje--oc:t:uPatlorr In an accessorY str~re. w{m'fhe--liumbero'stlJdenme)(cee~l1ng 4,'.', . l'I'fmOttel't of !ile~rQl t)uslne$S to dellber.~ - rW sOdt matters whiCh arll!! pending '8oardotCOmmissl0nersandwhl/;,1J ,...'prlotc f,cr ~~slden:dion at a pu!'1~ , Lower Allen Township . _: rinj'~Oard of CO,tnmlS$ionor,. Eo Rhodes Manager '-. Board Of commissioners Sworn to and sUbscribe~ Notarial Seal TaRy.L Russell, Notaryp He Hantsbuig, Dauphin County My CommiSSion Expires June 6, 2002 Member, PennSYlvania Associ I' Y commission expires June 6, 2002 a IOn at Notaries LOWER ALlEN TOWNSHIP ATTN: MICHELLE CHESTNUT 1993 HUMMEL AVENUE CAMP HILL, PA. 17011 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 100.82 1.50 102.32 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.......................nn.......................................... ;~~- ~ ,. ~ .~ ~ --- ~~~ I o. ~ ._...~-" "'<:l\'li_~"',+ aObfJ I/J '" ., ... LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Property Address ,;).OtP ?tJc.,.:;-I 5:1. &7 4f ~ ~ Appl~canlName 5f',:~/? ~!:;~ Phone# ~ ~9 Applicant Address 2_ _ L(?-2_ 5/: , /Q7 ~ ._ _ PropertyOwnerArl....&I___~ /1;4,.-;1 Phone# "" &;'97- 2riiS"S Owner's Address 90_<;""" Eric. .4v-<!- ..--?7...._ A.,-nIL.<C..6.-,"Y /..4 /' Zoning District: Present Use: S-/7~ .~..-; f ~O'/-J?"" Relief Sought: (~peCial Exception ( ) Variance () Appeal from decision of (Complete Sec. 1) (Complete Sec. 2) Zoning Officer/Other (Complete Sec. 3) Attach additional sheets if necessary to adequately explain the request. I.Special Exception ,.- r .e 2. Variance A. Section of Zoning Ordinance: B. This request for a variance relates to: Area: Use: Setback: C. Describe requested change: D. The following unique conditions are applicable to this property: Height: Other: E. State the hardship that exists: 3. Appeal from decision of Zoning Officer/Other A. Section of Zoning Ordinance: B. Describe request: C. Date of decision of Zoning Officer: ****************************************************************************** List attachments: Site Plan ~ Yes No Other: A"'fr'-e' $ ****************************************************************************** Certification by Applicant I hereby c rtify that all of the above statements and any statements contained in attached documents and plans ar e and correct the b st Qf my knowledge, information and belief. - /dda Date '-....., till I cJ 2UOO ! lc"~=~= ! "..W"'.. ';:;c'", . ~.'ll." ~; ';-<",.~~-..; ,',' I '-~,~~.;'......~',.. -.... '","~""L"r",_~_ ., ~ .' ~ -~ " <L,~~>-. ~1!11~~~".-, . OFFICE USE ONLY Application Filed: lillY I ~OOu FeePaid:UoOOD Date of Zoning Hearing Boar eeting: I'J.. AI ~Oi)' Notice was advertised on: 3t Ii JiDtJO J I I~ 0/)6 Notice was sent to applicant on: I!.. I ~ 000 Notice was sent to property orras on: 1'"1 I'll IiJb Property was posted on: I!I. ,Ic/ al!bD Transcript was received on: ' Decision was received on: .#.1'5/; DIJI Decision was sent to Applicant on': A/Ig I {lDD J , .:,~;:~."~- . ... .....~ . ,-' L ~~ ~ '~H~ ~ " Iit<i:-''''''-' ~-- .~ ',""ill""""",,,;C~. . Clients are seen on a one to one basis. I allow a minimum of 15 minutes between each client so there is adequate time for one client to leave before the next is due. I have adequate parking to accommodate this flow. The driveway can fit four cars. Yoga and meditation classes are held in the evenings. I have pennission to use the rear parking lot at Lower Allen Elementary school during off hours. My classes will be scheduled so that there is no conflict with school activities. I expect to be teaching two classes a week. Class size averages 6-10 people. The maximum may be 15 to 20. rm not sure the space will accommodate that many people. Borrower/Client File# Pro e~rt Address .CitY~7 Lender ~vs-/ 5~ County State Zip Code BUilDING SKETCH , 5h.' U";J -C ) - -../ C)(J/;~.e '- - /~ s :t e, Ivl 4 , / I kl ( fJal: t1 ~ )<ee-;f !ht/5e ~/);? 4r 'I c4rs 'ZB;~'"",~,""i!..;_ ,~,~~ _"'~",,~, ~ ,",0 ,~ .,,~..,. /1ffL &x,/ -iI .'~ J..j 0 e 0 r S Dil.4JlJ4'~ ':2.,3' IV ~, . . --- G~(tt(JTJl.l".'t ~ ~~ "~, -=--...: 'E. A S . , --- ---- (~E.JJ 'r ... "., -. (j ."V{1-(~ r ..- 0 ..... < ~ '11/3 ~ t:. ....) t> d .;".. "'7 "} <;t;. " Z- 1-- e- , 'fb " ,..' ''2.- <;,/, 7'" . . ~ , &4 I ;:J;;!r:J .&~t?h1 11.~' I I I , . . . ~'I' . . . ct , " . , Q A\. L. L ~ ;'D" ~Q. '-~ '\J~ ~) ; . c.o ~ c:. . # . . ~ __" """"P!!I!1l!'id"ll ~ '* _~,"-'r":<"!, _~ ^",~ -.... ~~r<1/eni ... --. -. i' -t,.o{ ) 4' h~ qtl'v & ~bI' ? <.t \) , (ff tt ~,f <{ 4 "'ICJQ /J f -; &'6 -VI ,I) }.. " 3.;;/ ,c- o " c: r e 'I e tv .? I K ..-...---., (l \ 11 \ l , (l , ') ,-; '1 '1 i: . I , I . I , 'I :, 'I I; : . I . ! I ' , ! : !: t t , I I. '. );u t:v/"'j 4t?#t "" F I ". _.,-.._-- ! - - --~\~ ,.. l ) ~ /' ,k, '-;,' , 'Q~:~ , I I' l'~ I ~ " 1 I f ,~ " .. 'I , - ~. ';' ~ .""~- ..~ ". P~~1 ,~ ." ~.."...,.""-..,',' --- I I ................... / I - . -........- . . l~ " .,J o ~ o ( . ,CO () -4 P I> o (J) r:.. o ~ (A' AiiMiiI~.I,~<"""- ~""'''''_~''" :M';' " =,L, .J ~~-~ '~.>~~_il<Ill#M" LOWER A T.T.l4.lN TOWNSHIP ~ Memo To File D rn Memo To Date: Phone Log From: Dated!.. - L( - dD Person: S\...\'St:'.>'\ V-h~..e. Telephone: 7 b I ~ gl..{ I ~ Subject: r1;:rtn c'" + fJ" /1 " a..bb(i t%nr was inl-tL~ kJ ~{ ..-foex p {rJ. " ~ c.{~~{/!rwp-h ~s ~k_ OV' [e.uJ a,^\)-(Lr-fiSe.~ lfY\~ ./0 . , } "to ~S5-1.rt ~I-th hv pf'e.- jJrJfClui)(/'Y\ -Cr ~ hlj,r;':J CJ Meet1Ilg Notes Date: Location: Attendees: .f~ c,.~T~ {i.....t "'.hlls p~-t.; 0.".... IHJivl.r. . . 7 e~ia,'1oe- ~, /lj 20' h. v,l>J!.. \/OJ" \.t", 2. f1rtr,":.J,d'" dM n..+ sf,,;k II ~"'1S C>coAf>'" 1"'1",.} \' 50 w". It'" iA2A-l<..eA V lZ.z..-/2",:- (S)(9 I-i.y I , , . ' 5p~<:;",,1 -e.><t:e.r'h"", 3.1AI<7 r.tMOI'lo. y-nJ'll.v..,;a....frnYt... ?7o-ll.2. (~(cr\(..\!I.(21"' l:J:. S+iArl!>M'f.r > l.j . " - - / UH2,z (6)..("1) 111";) ~ <<l""''''''~ 1-' 4k .f-.J\~ e: C,G . b . M l.Jo.H"'~ )1">' .. ,',. q". ',t" ll:cI- C .~.f ~i+u"'l )"c~w(Jt 1"",.""""" t- . . b.e ~ 1-" s ho+ Ml iN'}i. ~""I+s, . '-'f" li...,....J. c~ w:-tt.. wSs'll {,. J3.- Vlr~IAn'J. ..Je. cWMvMdrde... aiw,'{J oj: V1tJV'~,. -/;,.. 1-<0. ,,-f t..At-5 h6.,,(.<,~ (0, I I' V 7. Sepo~ \S~~ - c-~+n...ch~ C0k ~f'h~Mr..lh'- rvd- (jwuw...J.,..,J, ~ ZHf> eke; St6"r- . g. b<::~ ztl.e,. pl'~"'~5 '-'.)JZ.l'e..Qxflo..,,,,~ ' D1st1'1butl.on: I. "-'" ~k~IZ"_'" -/'~'*""-ti~" ~1'''' <, '!.'oo" ''''_...Ll:k1 ~ ..... ~ri"'"..iJr"~ill.-~.Hll~wi<~__~'{~4';(~...."",~~~, ""I' .. '~ LOWER ALLEN TOWNSHIP ZONING HEARING BOARD ""~-(,- :\t\I#,;i\-""'~ IN RE: 1. Docket 2000-16, Susan Kline, special exception and variance Stenographic record Lower Allen Township 1993 Hummel Avenue, of hearing held at the Administrative Building, Camp Hill, Pennsylvania Thursday December 21, 2000 7:00 p.m. MEMBERS: Burton Reisman, Chairman Kevin Garrick LEARY REPORTING 112 West Main Street, Ste. Mechanicsburg, Pennsylvania 200 17055 (717) 233-2660 Fax (717) 691-7768 "1 ~'ii;>'''''''",-~'''"='",,~Ji\!!,___ifollilNJ~'~ ~ =' ~_'O~~ ~.' -~ '1.,J" o~'o'~~_. . -""'~' ,=-~' ~ ~ .""-",,,,,,",,,,~",,-,~ "J~,_~,~.'_, ~~i,'ilI~tlW,M,*"J&-"''''''''-'- .t t "': ... ."h~ .;r'- '"\'.;", \APPEARANCES: CLECKNER AND FEAREN 111 Locust Street Harrisburg, PA 17101 BY: DENNIS SHATTO, ESQ. (717) 238-1731 For the Board METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 BY: DAVID H. MARTINEAU, ESQ. (717) 238-8187 For the Township ALSO PRESENT: David Altland - Codes Administrator ,,,"\;f,,~J..,~,,,,,,~_~,~.......o~' J~, ~. ~..-.' i , "", "...JlM ~.,,'~~ '~ ~,.~_ ~.--l ..........~ -" . "~" ~ L .'..~~"~~"_ , -~~-~"""""""'"""';,~.~....,~~' ^'lli~@i1il.~h' ~. .. i II I N D E X DOCKET PAGE DECISION PAGE 2000-16 4 ***** E X H I BIT S (Not Attached) APPLICANT'S DESCRIPTION MARKED 1 Photographs 7 ""d:.,,",--,,:..;",L~-"''''''''~~w,,,,-,-,,",,",.-,k.-~.,I" -~ -'"""'>ii"~ . ,~. ~~ .~ IU -~',' ',.",,,,, - .~. '_''''~'''''''o'"^~~-''',e~~@;'''''~';'_~ifi<a<<'j,"_~",*",' I(--~ .. . 4 1 2 3 PROCEEDINGS CHAIRMAN REISMAN: The Lower Allen 4 Township Zoning Hearing Board will now come to 5 order. 6 Do we have any old business? 7 MR. ALTLAND: Not that I'm aware of, 8 Mr. Chairman. 9 CHAIRMAN REISMAN: Being no old 10 business, let's take the business on hand. 11 The board will now hear Docket No. 12 2000-16. 13 Property address: 206 Locust 14 Street, Camp Hill, Pennsylvania. 15 16 17 Applicant's name: Susan Kline. Phone number: 761-8419. Address: 206 Locust Street, Camp 18 Hill, Pennsylvania. 19 Property owner: Mark and Elizabeth 20 Hilbert. 21 22 Phone: 697-8855. Owner's address: 905 Eric Avenue, 23 Mechanicsburg, Pennsylvania. 24 25 Present use: Single-family home. Relief sought: Special exception. ':"'~'''''~~'-''J''"~~_''''''"'''''''''''!'''''''~~~~'''''-''-''~illJl"~~ ~~ ""-..--" . ~ ~J~""''''~ ..~~ ~'~"""'~~",""I.l<~"'k,,",=,~:~,..i;"->#hl~_~~~_rn~,w, _ ... ~ . 5 1 Section of the zoning ordinance, 2 which should be Section 220-122(B) (9) (F) and 3 Section 220-12. 4 Describe proposed use: Office use 5 to see clients for foot reflexology. 6 7 8 9 10 11 12 Is that right? MS. KLINE: Yes. CHAIRMAN REISMAN: Energy therapy. MR. ALTLAND: Ear candling. CHAIRMAN REISMAN: Ear what? MR. ALTLAND: Ear candling. CHAIRMAN REISMAN: Oh, ear candling 13 and yoga and meditation instruction. 14 Site plan is present and pictures. 15 And it's signed by Susan S. Kline, 11/14/00. 16 Mr. Altland, will you raise your 17 right hand please? 18 19 DAVID ALTLAND, having been duly 20 sworn, was examined and testified as follows: 21 22 CHAIRMAN REISMAN: Are you the 23 zoning officer for Lower Allen Township? 24 25 MR. ALTLAND: Yes, I am. CHAIRMAN REISMAN: Has this _"~""""",",U,~,~c,,""---'--"~-J.i.J~,~ . '" ~ni_ .""",,- ""'-'''"'"'~'''''''' ~~~" , - ~ "'" ~-,~=, -=""~,L'fM~~~"~""-"-"~~'j",-,~,,~~,,,,-,,'-,j"''-;Z<Ill~f<~Mt~diIt~f~j~mt';~/ .~ .. , 6 1 application been duly advertised? 2 3 MR. ALTLAND: Yes, it has'. CHAIRMAN REISMAN: Have the property 4 owners surrounding this property been notified? 5 6 MR. ALTLAND: Yes, they have. CHAIRMAN REISMAN: And is a copy of 7 this application posted on said property? 8 9 10 MR. ALTLAND: Yes, it is. CHAIRMAN REISMAN: And thank you. Ms. Kline, you can either sit there, 11 sit over here, stand at the mike, wherever you're 12 comfortable. That's all right, wherever you're 13 comfortable. 14 Now, you want to do a lot of things. 15 Tell us what you want to do and how you are going 16 to do it. 17 18 19 20 MS. KLINE: This space that I want to use was already existing. It was used as for furniture refinishing prior maybe probably over a year or so ago. I know it was approved 21 for a business there. 22 23 CHAIRMAN REISMAN: May I interrupt you for a minute? We have photos here. I'm 24 going to ask our solicitor if he'll mark these 25 for your exhibits. And when you speak and "'~"""~,;ti~""'.'-"<L".~'~~"~",""",~"'""",,,,"l .~.'- ~ --.- . .1~:"""""'18"""''''''_~"=-''''''''.""",.''>!;1t;~1i''''''''''''_~It~t''Th",;iw''''",WI",*''~, ....- ~ t 7 1 describe your property, you can describe from the 2 pictures and we'll understand what your property 3 consists of. 4 5 6 7 8 9 Chairman. MS. KLINE: Okay. COURT REPORTER: Excuse me, Mr. We need to swear her in. CHAIRMAN REISMAN: Oh, yeah. I'm sorry. I was in a hurry here. will you raise your right hand, 10 please? 11 12 SUSAN KLINE, having been duly sworn, 13 was examined and testified as follows: 14 15 CHAIRMAN REISMAN: Will you state 16 your name and address for the record? 17 MS. KLINE: Susan Kline. I live at 18 206 Locust Street, Camp Hill. 19 20 CHAIRMAN REISMAN: Thank you. MR. SHATTO: Ms. Kline, has the 21 testimony you have given already been truthful? 22 23 24 25 MS. KLINE: Yes. (Applicant's Exhibit 1, Photographs, marked for Identification.) MR. SHATTO: I'm going to mark a set __':i.-J'a."""''''h,""~'~'''-,,,"~A<b.~~_ -..,- - .-<1!1lJ____......i"'Ci'"..,"",.-""~K~~~.~-~"'0'j~~ ~.~!r&lil!~:\'ih;,,',,: - < ~ 8 1 2 3 4 of photographs as Exhibit 1 Applicant's Exhibit 1. It's three photographs. And I think the board members have copies a photocopy of them. Maybe for our record if you could describe 5 what these show for us and just refer to the 6 photographs as the top, middle, or bottom as you 7 go along. 8 9 MS. KLINE: Well, the top photo is the single-family home where I live. There's 10 room there for four cars in this driveway. 11 12 13 The middle picture shows itls a fenced yard. So you have to cross the deck to get to the back building. And it shows the back 14 building that I want to use to see my clients and 15 hold my classes. 16 17 18 And the bottom picture is just a better picture of the that existing building. CHAIRMAN REISMAN: Did you say in 19 the middle picture there's a fence? 20 MS. KLINE: Yeah. You can't see it 21 real well in this picture, but it is a fenced 22 yard. 23 24 MR. GARRICK: In the bottom picture, It's an enclosed you can see a fence there. 25 area. .,,,,~..-~.~""t",,,,,;-,,:L;,,,,,C~""~_~"";:~,,,,,,,,,,,,~ '" ~.~_~~.~........ ' -<~ ~. , ~~~ "~ , L"",,,,,,,,,",,",,, ,",~",..~"-{"-;I4j,"',,,;,-,""'d,~~~"~i<<;.,"-,,;.;'i.:J.'&b,j;;i,.'_" < . 9 1 MS. KLINE: Yeah. The property 2 behind me also has a fence, because they have a 3 swimming pool; but you can see it. 4 CHAIRMAN REISMAN: That fence, does 5 that belong to your property? 6 MS. KLINE: Yes, yes. That was 7 existing. 8 CHAIRMAN REISMAN: And the building 9 behind the fence, is that yours also? Does that 10 belong to your property? In the middle picture 11 or the bottom picture, does that belong to you? 12 MS. KLINE: That building, yes. 13 Um-hum. 14 MR. SHATTO: Are you referring to 15 the building right in the center of the photo? 16 MS. KLINE: Yeah. I'm a little 17 confused. 18 CHAIRMAN REISMAN: Yeah. 19 MS. KLINE: It's right behind the 20 tree. 21 CHAIRMAN REISMAN: Yeah, right 22 behind the tree here in the bottom photograph. 23 What is the purpose of that fence? 24 That isn't dividing the property or anything, is 25 it? ",'~~~'~""!il_"""""'"'''_-'''o~".""',,ili,,,",,,,-,,,,,,"~=,l~ '---~-<1li<1',,-,<,,,,,",,,,",,,,,-,",.w, ~. -. . .~F - , , . ~ ~. ~ -, ~ ~.L _'-1/1 "'-"'!;ooo..o\li,~d-",,,,,,,~,,,,,ili'~~"'.,*,,,,,:#_*~P .." 10 1 MS. KLINE: No. I think the fence 2 was originally put up for a dog. 3 CHAIRMAN REISMAN: Oh, it hasn't any 4 property designation or anything? 5 MS. KLINE: No. The previous owner 6 had that installed. 7 CHAIRMAN REISMAN: Okay. Go ahead. 8 I'm sorry for interrupting you. 9 MS. KLINE: I'm not sure what else 10 you want to know about it. 11 CHAIRMAN REISMAN: In these 12 pictures, where are you going to hold your 13 classes? 14 MS. KLINE: In this back -- in the 15 b ac k bui lding beh,ind the hous e . 16 CHAIRMAN REISMAN: In the back 17 building? 18 19 MS. KLINE: Um-hum. CHAIRMAN REISMAN: And your 20 residence isn't going to be used for anything? 21 MS. KLINE: No. That's strictly my 22 residence. 23 CHAIRMAN REISMAN: That's strictly 24 your residence? 25 MS. KLINE: Yes. -~"",,j-,,,_,,;,,,:,,"_,~ "',;.,..=_...._'",.J.~~~l....' ~ w ~_d~~, oJ, "~~ , .~,."i1-='I>_,~II6m-"'~~'""';;,.._,"".,~"""I_aililJO~~~&J;;Jtt:~I\l'irn!tW, . 11 1 CHAIRMAN REISMAN: How big is that 2 building? Do you have any idea? 3 MS. KLINE: It's about a thousand 4 square feet. I don't have the exact 5 measurements, but that's pretty close. 6 CHAIRMAN REISMAN: What was that 7 building used for? B MS. KLINE: It was for furniture 9 refinishing. 10 CHAIRMAN REISMAN: So that's where 11 they did it, in that little building? 12 MS. KLINE: Um-hum. Yeah. 13 CHAIRMAN REISMAN: Are there 14 facilities in that building like commodes and a 15 bathroom? 16 MS. KLINE: Yeah. There's a powder 17 room and heat, fire alarm, lights. It's equipped 18 with everything that's needed. 19 CHAIRMAN REISMAN: You want to 20 use according to your application, you want to 21 use this structure that we're discussing on 22 Exhibit 3 as an office also? 23 MS. KLINE: Yes. Basically, it's to 24 see my clients. I see clients on a one-on-one 25 basis. I rented space out in Dillsburg before at -:<<"".k-~'~~"''-I,''''_~,"""~",".-.".,",k",,,-,.., .'~_ ,l~ ~. , ;;~""'=-,,~~=, """'"""-~....."""""'" . ,c~~'~_"h<OC-i"d,~"--~k~,--,"""~-""~",",",",~",_',",-;'!;;!,i",__",,,,,~",<:o . . 12 1 a chiropractor's office where I do foot 2 reflexology and something called energy therapy 3 where I'm seeing clients on a one on one. So 4 that's what I meant by office. 5 MR. ALTLAND: Mr. Chairman, the one 6 item that is called out here on the notice, 7 Section 220-122 (B) (9) (F), refers to teacher or 8 tutor. I think we need to clarify if she's 9 treating clients or if she's teaching clients. 10 There is a difference. 11 12 13 MS. KLINE: Well, it would be both. MR. ALTLAND: Both? MS. KLINE: Well, when I work one on 14 one with clients, basically, I'm treating 15 clients. You might think of what like a massage 16 therapist would do, but I'm just focusing on the 17 18 19 20 feet. Or when I do energy therapy, that's a little different. We either do table work or we're sitting there talking. And then when then I teach classes. I teach classes on yoga 21 and meditation. 22 MR. ALTLAND: Do you teach people to 23 do the same thing that you do? 24 25 MS. KLINE: Well, the only teaching I do is with the yoga and meditation. I don't <~-,-,-",'_.B""---"",<,~,,,,""""-';"'''''''' -I '".....'"~~'"'~~ -, '", ~.. -~. ......~_~""'''-~.> .-""'.1.~'<0"~~"'-cl~"""",""._,4"4'''';',w,'''''''''""=,''',h'",,,_,w~_Y;;_ '- . 13 1 teach reflexology, and I don't teach energy 2 therapy, But I teach yoga and meditation. So 3 ba~ically, I'm leading the class, teaching people 4 how to meditate, 5 MR. ALTLAND: Okay. I think we're 6 still not getting a real definite dividing line 7 there between office what I'm looking at is an 8 office as in a chiropractor, a medical 9 practitioner, a massage therapist, you know, an 10 office where you come in there and you may be 11 told what you need to do or you come in there for 12 treatment, whereas, teaching and you're one on 13 one or you're teaching six or eight people at one 14 15 time. You stand up, and you give instructions and tell how it's to be done. And that's it. 16 They don't come back to see you every week 17 regularly. 18 I think I'm trying to really 19 determine if it's really an office or if it's 20 really a teacher/tutor situation, because there 21 is a difference, because a teacher/tutor 22 situation is what has the limit of no more than 23 four students at one time. An office if you 24 look at the different offices down through here, 25 real estate, manufacturer, dress making, _"-,"~:"",,,,-,".I-,,~<.',,,,,,=,....~<.k,-,-,"h-,,,,_~,,.,,..,,,,,,.,.,,dr. ,"~ ,_ 10 l","""""",~",,,--,,~~ ...." -.-, ......"""'-...k~J'"...,"'"~# ~ "' '. " "_ll<!,-_"" -~"-.,-",-\",,~..~,,&j_S>=--""'--"'''~~~u:,,,'c9..\t!:~"'U'':J: < . 14 1 secretarial work, home crafts, home cooking, 2 computer program, word processing, these are all 3 4 5 6 home occupations. there that I see But there's really nothing unless I'm missing it, there's nothing there of the nature oh, I'm sorry. Here it is, S, professional office of a 7 doctor, dentist, chiropractor, psychiatrist, or 8 other medical services. There-'s no 1imit an the 9 number of people you can have. So I think it's important that the 11 board can determine whether you are a teacher or 12 a tutor or whether this is kind of a 13 quasi-medical office where you are treating 14 people and it's to be treated that way. There's 15 nothing specifically addressing what you do. 16 17 MS. KLINE: Right. MR. ALTLAND: But they have to look 18 at it and try to fit it in here somewhere. 19 20 21 MS. KLINE: Right. MR. ALTLAND: So that's why, I I'm trying to dig a guess, I'm kind of being 22 little bit more to determine exactly where what 23 you want to do, where it's going to fit in. 24 MS. KLINE: Well, I'm kind of 25 feeling like I'm probably fitting in two ";;,~,,,,,,,""t~-~-'-.~;_'-'=,~'>-.IJ~.6>,,,,,,*""-'''''<'''~.'"'' , oo.~,,__"~~~ 1 2 3 4 5 6 7 8 ~~" ""'- ""","",L~,,,"~,.-,,,,,~ '" ~ """-""","~~"",,,,_,~~,"_r ,'_,",_kih"",{h'lk,,' ""'c",,'"",,'r>~~' ,,-,< .. 15 categories. So I'm not sure where you want to put me. I would be asking for an exception with the maximum of four people. My classes generally run I would say it could run 6 to 15 people possibly. It really varies depending. MR. ALTLAND: I think you want a variance of the limitation of four people. The special exception is in other words, you have 9 to get a special exception because of the fact 10 that you meet the requirements under 11 220-122(B) (2) where that states that where you 12 have employees, clients, patrons, or patients at 13 a site and which generate additional volume of 14 vehicular or pedestrian traffic or trash, display 15 or signage or require additional off-street 16 parking areas shall only be permitted within the 17 R-1 and R-2 districts by special exception. 18 So if you have people coming there, 19 then that proves you're in the category and you 20 must have a special exception. So that is 21 that is the special exception, to have the 22 business there. But if you want to have more 23 than four clients or four students at a time, 24 then you need a variance to Section F where it 25 limits you to no more than four at one time. ~_O""';"k.,,,,,.~,_t,~"~.,,,,,,,,,,",,,-~,,,,,,,=_I~L ~r._ 1 2 3 .-~-~~~.~ ~,~, "--11I11I'.' .~I"~~_"__'''-,W,j "'-,-,~;c~-lli,~,,,,'.i'<""_,",,,.~i,,,--,,,,,;j;it!-,:!'L"; 16 MS. KLINE: That sounds good to me. MR. ALTLAND: And I don't know if that was explained to you that way or not. I 4 know it is not written up properly. 5 6 that. And, gentlemen, I apologize for I did not see this before it was put out. 7 I'm going to attempt again, as I had done before, 8 to be very specific in our department that these 9 need to be examined very closely before they are 10 mailed out and advertised. 11 12 manner. It was not advertised in a proper In other words, the way it reads, the 13 second line there, it says "requests a special 14 15 16 exception from the provisions of." It should not say "from the provisions of." It should say "per the section." So I need to get that's a 17 problem -- an internal problem we have to get 18 straightened out. But I don't see any reason in 19 holding this up because of something that was 20 done there. 21 22 23 MR. SHATTO: It does sound like you have really it's two different uses, if you You teach yoga and meditation, and you will. 24 would consider the people that come in for those 25 classes to actually be students. Isn't that i'~\<t1i<,~",-L_,",#...:>-,,"-,~~,, ~"I",-" ,~ ~-.~ "' "', ~-f",' 'M",""",,""'''''~=.~W'~', ~l<"""~~___'''''_'J'J"_~,,,,jrl_,,_,,,,,,,,,,'~",c';~'~'-1J''''''''f~~".,,,, "~JI,"=,"" 17 1 correct? 2 3 MS. KLINE: MR. SHATTO: Yes, they are. But then you also do on 4 a one-to-one basis the reflexology and energy 5 therapy. 6 7 MS. KLINE: MR. SHATTO: 8 treating those folks. 9 10 MS. KLINE: MR. SHATTO: Right. So you're actually Right. Is there some kind of 11 license that you have to perform those? 12 13 MS. KLINE: MR. SHATTO: No. It's not necessary. But that's more I 14 take it you would regard that more as treatment 15 in some sense similar to medical treatment? 16 17 MS. KLINE: I don't like to use medical treatment. I'd probably say preventative 18 or in assisting people in maintaining their 19 health, similar to massage, similar to what a 20 massage therapist would do. 21 MR. ALTLAND: You could get your 22 fingers pinched in the door if you use the term 23 "medical." 24 25 MR. SHATTO: MS. KLINE: Yeah. Right. I don't -.....,~,~=-...ot,,"_,,",'<~'"'"'~"j<.."',__:!..L-......,~J- ,~ "~~ ,. ~ " - ,~ -~_~" "",,,,~~". ,~~_""""'"",,,,~".-li<.",,'~_!~,,,,,,,,,,,,,,,,,"~_~,,,:,,,=~,., "",,'~'.- . 18 1 prescribe. 2 MR. SHATTO: Do you also do massage 3 therapy? 4 MS. KLINE: No, I don't do full body massage. I do strictly foot reflexology. 5 6 MR. SHATTO: Reflexology and energy 7 therapy? 8 9 MS. KLINE: MR. SHATTO: Right. I don't think 10 massage therapy is not specifically listed, 11 although somewhere 12 13 14 15 MR. ALTLAND: It is addressed in another area. Massage therapists currently must be licensed by a go through a licensing program. There are background checks by the 16 police department and so forth for massage 17 therapists just to make sure that it is a 18 19 20 21 CHAIRMAN REISMAN: Massage parlor. It's not a MR. ALTLAND: No. massage parlor. You know, that it is a physical a therapy type thing, a massage, 22 rather than a massage parlor as we all know. 23 MR. SHATTO: Section 122 (B) (9) (U) 24 actually says that even though a particular use 25 is not specifically listed under Subsection 9, . :":!eM''''''J;'>'''''i~~''''-''''"'.''''''''''''~~__'""",,_,,"'<ll,",,",_,,",,'''''~ .~~ ~~L,",' .~ ,.... I '~'I> " . I~_~~,""""",~_,,..,,,.!;,,,^,,, ,-i,'"'''''",'''''''''''',"",II,'.'''''',"__S""~''''<iI0",,I>i:~1P.4.''''\A\.'o1';~ , 19 1 the board has the power to deem the use to be a 2 home occupation. So that's something that you'll 3 have to contemplate as to whether or not the foot 4 reflexology and energy therapy fits in the nature 5 of treatment as opposed to educational and would 6 be permitted as a home occupation. 7 CHAIRMAN REISMAN: Yeah. If that 8 were, then we could use (9) (S) 9 MR. SHATTO: Yes, or just create 10 it's own category for it, because you have that 11 power under Subsection U. Of course, I guess in 12 the sense of a hair salon and barbershop is not 13 really treatment either; but you are taking care 14 of the customer, so to speak, who is paying for 15 the service. 16 You don't actually own this 17 property, do you? 18 19 20 21 MS. KLINE: No. I'm renting it. MR. SHATTO: You're a tenant? MS. KLINE: Um-hum. MR. SHATTO: Are the owners related 22 to you? 23 24 MS. KLINE: My parents. MR. SHATTO: Are they aware that 25 you're in here asking for this relief? __ck_''',w'''''-!<i,"""".~..."_~"--"~",,,,, ' -,I "~""'_.......~_~, ",~_.~_."._.__~~~_~~ '~ ~ , ..n\ I."",~_ "'~~, c,_ , .......~_&."''"''''m ,'''--''''''''''''''''''''-''<"~'-''''''<''=~'J''''''" ' . 20 1 2 3 MS. KLINE: MR. ALTLAND: document documentation with you as a lease Um-hum. Do you have any 4 agreement or some agreement, some document that 5 they may have issued that really gives you legal 6 standing to request this for their property since 7 they did not sign. They did not cosign the 8 application. 9 10 MS. KLINE: was needed. And we don't even have we don't 11 have a signed lease. 12 MR. SHATTO: 13 written lease? 14 15 16 17 18 19 MS. KLINE: lease. It's a MR. SHATTO: MS. KLINE: MR. SHATTO: I wasn't aware that it You don't have a We don't have a written A verbal lease? Yeah. We didn't talk about the ear candling, I don't think. Is that 20 something that you also would be doing? 21 22 23 24 25 MS. KLINE: MR. SHATTO: MS. KLINE: MR. SHATTO: Um-hum. Is that a one on one? That's one on one. What is that? CHAIRMAN REISMAN: What is that? _-"''''''-"'=~*h_''''''~...~,,-~~,', ,""L 1 2 3 w= . ",....J_ ~~r~~~'''''"''k'''''"'''<'.',',_",......,'''''-''''.'''"''''''~<Il"'"'--;g''"._'<,,'''-!~,'''_,,'',",ti!' ~ ~ . . - 21 MS. KLINE: That's probably my most asked question. What it is, is you use a hollow candle. And one end of it is placed just inside 4 the ear at the opening of the ear canal, and the 5 6 7 other end is lit. And what happens is it creates a vacuum, and it draws out any impaction. So it will draw out the sinuses, throat area. And 8 people who have a lot of sinus problems or ear 9 10 11 12 13 problems have found I had a woman who had relief from an equilibrium problem. So it's actually a very ancient method. The Egyptians used it. The Hopi Indians used it. MR. SHATTO: Do you need any 14 particular license or certification to do that? 15 MS. KLINE: No. You can buy the 16 candles are available in most health food stores. 17 People can do it themselves, but I just offer it 18 because it's easier to have somebody else do it. 19 MR. SHATTO: And you're saying your 20 classes would not exceed 15 students? 21 22 MS. KLINE: I'm not going to promise it; but generally I mean I just know how 23 they've been in the past, because I've been H 25 teaching for about four to five years now. I've taught in Mechanicsburg and Harrisburg. And you -;'~~=='''''"-'-"'''"'~-''''"''''""''~'''--'-""~~~~ -. 1 ~ ...~""'"'"~.~. "~' > ,~~ ~",' .,~ -.,I,-~...~ ~ ~ ~-'~lib',"-'~,""","",",'"'-=,>"'h_d~,"""-~.:&1;lt:!"f"-C:"",,,,,;W;:';' u.~ . . 22 know, I just generally know how they run. That's 2 average. 3 4 5 MR. SHATTO: If the board were to ask you to tell us a maximum I'm not speaking for the board. they may want But the board 6 may want to set some number. 7 MS. KLINE: Well, actually, 8 spacewise there would have to be a limit, because 9 I can only fit so many people in that room. And 10 I haven't tested it out yet, you know, just 11 seeing how the space works; but I think 20 people 12 would really be pushing it just for the floor 13 space that's needed. So I would imagine I 14 would imagine a comfortable limit would be 15. IS 16 That might even I mean just sitting here picturing it, that could even be that might be 17 even pushing it. 18 CHAIRMAN REISMAN: Do your students 19 sit or stand? 20 21 MS. KLINE: We're sitting. We're laying down. We're standing up. There has to be 22 enough space for people to. you know, lay down 23 and move because they are doing stretching and 24 movemen t . 25 CHAIRMAN REISMAN: How many times a '-'-::"'~.G"~'"k"",~"".<l.-"""~~","",,,~-l.; ..~L 'Iil."""""~...~. ..... ~ " =.......,-~ " ~ , j"....~_,~~~~~'"'"'''A',~''"'''""''''"'-."--'-<O;,;"''''''''"'~''''''''=',.",>'''','~_;''-''''~'''''',;, 23 1 week do you hold these classes? 2 MS. KLINE: I've gone anywhere from 3 one class a week to five classes a week. 4 CHAIRMAN REISMAN: What determines 5 tha t? 6 MS. KLINE: Usually, response. I'd 7 like to run a class every day. 8 CHAIRMAN REISMAN: Would that be 9 with the same people? 10 MS. KLINE: No, not necessarily. It 11 would be different people. 12 CHAIRMAN REISMAN: Different people 13 every section? 14 15 MS. KLINE: It could be every section, yeah. What I normally do is if I'm 16 running classes every day is they can either sign 17 up for one class a week or an unlimited number. 18 So that means they can come to but then that 19 means I'm offering morning classes and I'm 20 offering evening classes. So generally, people 21 can't make all of them anyway due to their 22 schedules. 23 CHAIRMAN REISMAN: You mean you 24 hold these classes and this clinic more or less 25 during the daytime hours? '",~,,-,,-,,-:J;-'==',,,.ll~~.,,,_~ 1 2 3 4 5 6 7 8 9 10 11 12 ) 13 14 15 16 17 18 19 20 21 22 23 24 25 ., ." ,~,~~~.'"'- - '~" ~^- ~.- "" -,J,,,,,=,~o.C""'= ~--""'''''~'''''''-O:''''''''",<.hJ&"'''''!'''~.&\''\''':'''Jl,i4iHi!~'!i>' o_:"..;,~o:~;t~-'s_ - 24 MS. KLINE: I have evening hours. What I'm hoping to do is have three evening classes and two morning classes. That's what I'd like to do. And then, you know, the one-on-one clients are usually more during the day. CHAIRMAN REISMAN: by appointment? Do they come in MS. KLINE: It's by appointment only. MR. GARRICK: We do need some definitive numbers from you, though. I see you use the Lower Allen Elementary School parking lot for overflow, and you have space for four cars on the driveway. your car? Is that including or excluding MS. KLINE: Including my car unless I park somewhere else, around the corner. MR. GARRICK: I'm groping here to come along with you; but we do need real numbers from you, not suppositions and not guesses. MS. KLINE: As far as the number of students? MR. GARRICK: Let's get back to the maximum/minimum, this sort of thing. If you start talking about 20 people and that's going to '_'-"'~"''''.,L"""''''=_'_,,,,,,,,=",,,,,,~--,-,,,,~ ~ - ~ "~".~-~ --"-~<. ,-.. ~ -, "-.,,""" ~ - _._1, ," .~ ~~" 1mJ_'~"".",,,,,,,<",,...J.'_,,,,,~,,,,,,,.,,_,,,,"...,..,.,~,,",,,...~,,,,~ d"",,,,- "0;' ~'C 25 1 bring in something like 8 to 10 cars, we've got 2 to have something from Lower Allen Elementary 3 School, because if you were to say you have 4 permission for that from US, that's not true. 5 6 MS. KLINE: Well, I've spoken to the elementary school, and I've spoken I forget 7 the gentleman'S name that I spoke to at the 8 elementary school about that. And I was assured 9 that as long as there was no conflict with their 10 schedule with their events that they wouldn't 11 have a problem with it, because they're 12 theY're just catty-corner their back parking 13 lot is just catty-corner from me. 14 MR. GARRICK: Well, I think you 15 would almost have to have something in writing. 16 And on the application, it says that 17 you're going to provide consent at the hearing 18 from your parents on this; and we have nothing 19 20 here from the property owner. And I guess this is all right. I'm sure it's all right. But we 21 have nothing, you know, in writing telling us 22 that they own the property and they're in 23 agreement with what you want to do. 24 25 So I'm dangling, to be honest with you. I'm floating here trying to I want to go ""~-="-_,<'d.-.i--'-'-","=oW-""'",,,,",,,,"'''b''''~ ~""'=""".........,.._~. . ~~<"- """ ~ "~"~ . ~~,""r~._~~"~ ."'-_'*"'H'llil.,i'.JL,.J;""'''''''''i''''''''"",""",:'~_~A'i~.",j0''''~'i'' 26 1 along with you as much as we can; but the flip 2 side of the coin is R-1 is our most restrictive 3 4 area. And there's already enough violations on it now without us bringing in more. I'm setting S the stage for you. 6 7 MS. KLINE: So what do you need? MR. GARRICK: Well, it says a again, on the application, it says the fact that 9 you were going to provide consent from your IO parents at the hearing saying that they accept 11 what you want to do. And I would think from the 12 school, the principal, whatever, that in essence 13 you've discussed this and they see no conflict 14 with it. 15 16 MS. KLINE: MR. SHATTO: Right. Do you know what the 17 square footage of the dwelling is? 18 19 MS. KLINE: No, I don't. MR. ALTLAND: That's -- Mr. 20 Chairman, that's one item I wanted to bring up 21 also, the solicitor's question about the area of 22 the existing dwelling. 23 We're going to have to know 24 precisely the size of this accessory building and 25 the floor area of the existing dwelling, because -~";L","","_.."-~"",,",.,"",~,,I",,,_~~ili~~' ~,.~ ~ -~.";....-j..- -"~o.l ~'lllll c.~ ~" ~,..I,.._" ~""',' [ _,"""-""'-'l>I,.->J0~"~'~'e".'"'' "'.'''''''~''''''-,>,.,'u'..".w...'''''''''~'''';'-.:'.-'~'~''__' 27 1 the one section in here in talking about it, 2 (B) (3) says, "The area used for the practice of a 3 home occupation shall involve a maximum of 25 4 percent of the total floor area of the dwelling 5 excluding attached accessory structures." 6 So the way I read that is you said 7 you thought it was approximately a thousand square feet. That means the house would have to 8 9 exceed 4,000 square feet. I don't think we're 10 going to find that. 11 MS. KLINE: Well, it definitely 12 doesn't do that. 13 MR. ALTLAND: So we're going to have 14 to know exactly the size of this accessory 15 building and the exact size of the existing 16 house. 17 MS. KLINE: Well, I can tell you now 18 it doesn't meet that 25 percent. 19 20 going to 21 CHAIRMAN REISMAN: You know, I'm MR. ALTLAND: I believe there are 22 23 comments here. John Eby is the one that had spoken to her before in the office. And there 24 are comments there that make me believe that John 25 Eby believes that there are uses or something has f_'i..,_",->,"~,"L", "'''''O._"",.,.....,~~~~- iiI~"1IOlliIIlIill\'~ -- , If "- "_..~,_ _' "~".' ~ - , ,~~ "",,",,"~ .";\" oili'""""""""'="~ "i"-"",,.""-,"-~~"""'-"--""''''~~h;W;y,i1,;~c-;l".t',~~W'.., 28 1 transpired on the property without previous 2 approval, without a permit. Whether it was the \ 3 conversion of the building, whether it was the 4 construction of the building, I don't know. I 5 was told that it was a garage that it had been 6 a garage. 7 CHAIRMAN REISMAN: It could have 8 been the refinishing of furniture. 9 MR. ALTLAND: And then it could have 10 been the installation of the powder room, the 11 plumbing facilities. I don't know. 12 CHAIRMAN REISMAN: I'm going to make 13 a suggestion, Dave and Ms. Kline. This board 14 doesn't want to turn you down without knowing the 15 facts. 16 MS. KLINE: Okay. 17 CHAIRMAN REISMAN: We like to give 18 everybody the benefit of the doubt and help them 19 all we can, because we know it's a serious 20 problem with you. 21 If you were inclined to agree with 22 me, we will defer this until next month, defer 23 this hearing. And I would suggest that after the 24 holidays, you make an appointment with Dave and 25 you come down and he'll help you set this thing ,17J:~"'-",,",,-,"~''''''~L_~,~l..~'-b'''-",-''~'~' ~,~~- '~~ ......-~~ ^ ""..iw ~~ ~ , .....1" "" ~ ~ ~ ~,> ......o.""~~""'-'!,---"-~""-~.' "'""",-_""e""'_':iJ"<,n""",~"-<J""~~____c,,,!,;h_~,,,,\,,." 29 1 up so that when you come back in January, we'll 2 have all the data that this board needs to help 3 you. That would be my suggestion. 4 Otherwise, with what we have right 5 now, there's no way in Lord's name that we could 6 ever give you what you want. We would have to 7 deny your application. And that wouldn't be 8 actually fair, because we don't know what you 9 want and you aren't too sure of what you want 10 yourself. 11 MS. KLINE: Oh, I know exactly what 12 I want. 13 CHAIRMAN REISMAN: But there are 14 certain not that we disagree or disbelieve 15 you, but we have to have the knowledge that the 16 people you're speaking of agree to what you're 17 doing, like a note from your parents or a note 18 from the school. 19 MR. ALTLAND: They could come to the 20 hearing. That's one of the things I was going 21 to they could be here at the hearing now. 22 CHAIRMAN REISMAIN: They could come 23 to the hearing and testify. 24 MR. ALTLAND: And they could 25 testify, your parents, one or the other or both, .1 -,j~~""'c-k";",,"~.L-".HX,~=~.l- =lli<' __""-"'-="'-~ - , L..".r., ~'t:"~*,,,,,,-,,,__~,,<;l",~~,_-:~,,,,",,_,,!,<&=-:.u,,,'c>', ,.",',-O:,F 30 1 and a representative of the school. Or you could 2 have a letter from the school, you know 3 addressing the parking. It sounds like we're 4 talking about a note from your mommy and daddy. 5 MS. KLINE: Yeah, and sitting here 6 going, oh, my God. 7 8 MR. ALTLAND: But it's a legal issue. In other words, the property is in their 9 name; and they have to give you legal standing' to 10 make it legal for you to address and request this 11 on their property. 12 13 MS. KLINE: Did you say that they were sent a letter, the owners were sent I 14 thought you had addressed that earlier that 15 they 16 MR. GARRICK: The surrounding 17 property owners were. 18 MS. KLINE: Oh, not the property 19 owner? 20 CHAIRMAN REISMAN: The property 21 owners 300 feet from your property must be 22 notified of what you're going to do. 23 MS. KLINE: So you didn't send the 24 property owner a letter? 25 MR. SHATTO: Probably not. i~~t_.,~~r~>-"-,<..d"'nl';~"-"= ",_"k,,,,,,,,,,~.,,~.._~_ "'_-....- .__ .. .-~ -.,., ~ ,~~ "w . , I~ ~- t ~- '~';'"""""'-'__"_""""';'<C",""""."""'~"'iti,",'""".1'i_<",,,,ci'h';<';;rl*b].'-- 31 1 CHAIRMAN REISMAN: No, probably not, 2 because they don't live within 300 feet of your 3 property. 4 MR. ALTLAND: And they did not sign 5 the application either. If they would have 6 cosigned the application, yes, they would have 7 received a copy just like everybody else did. 8 MR. SHATTO: It would be good to 9 have the actual dimensions of the structures, 10 too, if you could just measure them. 11 MR. GARRICK: Well, I'll just go out 12 on a limb and say I don't think it's prohibited 13 because that building exists, like a grandfather 14 clause. The building is there. 15 MR. ALTLAND: Yes, the building 16 exists. But what we need to know, the 17 percentages, whether you determine there was 18 something else going on there and you can at 19 least get it in writing and say, okay, it exceeds 20 the 25 percent, but we had previously allowed it, 21 there was a previous zoning hearing board 22 request, there was a previous permit issued by 23 the zoning officer, by the building department, 24 something that established it. 25 Just because it is there doesn't ~~""'.tl0""""~",'<"'''.'.G-~"'''"''''''''''",,,,,~~ti;I~~~~,,, ~ 1 2 3 ""_n.~' L___ ~ ~-~ ~~'!c"_;a'~"~"."" ,,'_j<~_"-~"""'",''''--'''''-' ;._',~~"~.;.""-"",,"-,,,,,,_,, " 32 make it legal. It may have it may have been and it happens all the time in the township. People will fix up a building, a 4 garage or something like that, and they move a 5 6 little hobby in. You know, somebody is carving out little wood ornaments. And the first thing 7 you know, he's got the neighbors wanting him to 8 make one and he's got a full-blown business going 9 10 11 on in a little shed in the back yard. And it happens all the time. I see it at least once a month. Sometimes a couple times a month we run 12 into these things. 13 So we need to establish the legal 14 I want to say the legal groundwork for the 15 business, the previous business that was there. 16 And, you know, if there was a previous home 17 occupation you know, if there was a previous 18 home occupation and there were no limits on size, 19 that's one thing. But when there are limits of 20 size, you know, we have to take a look at that. 21 MR. SHATTO: Maybe we could ask a 22 few questions about that while we're here 23 tonight. 24 How long have your parents owned the 25 property? -, " ~,Jl__ ~~_".-<It"""i"-,t.:;l""""k'"",.J,.o,\"_",I"~o,,,,i.~',.',~;""-""""'. ~"'''"~{/,': <"",>d",-";""",,,,,k~,,,,",~-,-,,_",,,,,", -.. .""""~.""''''_~. -, _n 10 your parents conducted or leased for that 11 purpose? 12 13 14 15 16 17 18 19 _.,~ 33 1 MS. KLINE: I know it's been over a 2 year. 3 MR. SHATTO: So you think it was 4 less than two years, though? 5 MS. KLINE: That's a good 6 possibility, that it's been less than two years. 7 They bought it on foreclosure. And I know that 8 there was a furniture refinishing __ 9 MR. SHATTO: Was that something that MS. KLINE: No. They didn't own it at that point. MR. SHATTO: So the prior owner had some kind of MS. KLINE: But the prior owner ran a business out of it doing furniture. It was Old -- let me think of the name. It was Old -- MR. ALTLAND: Is he the one that has 20 the shop down beside the pizza shop on Gettysburg 21 Road? 22 23 MS. KLINE: No. When that closed, it closed. It was old I think Old World 24 Old World Refinishing, I think, it was called. 25 MR. SHATTO: Did he have signage on '-"'''''''~,f,~.L_,","<h.==".(,~, "~-'_' .1, .......,,-."""'"=,~-, - '-~~' ~ ,- '"" ....""~,..l~O" """",,.,.- =~'-":l>_~'~"L""'_V "<,._~'"_ "-""""'~.l<-.i,c""""'-~""'"""~,,,,,,,,,,'ililiolllf'';,,,' 34 1 the structure back there that you know of? 2 3 MS. KLINE: No, there wasn't a sign on the structure. I think there there may 4 have been one on the fence, but I'm not sure. Maybe not. Maybe it was just I know he had a That's why the 5 6 truck that was parked out front. 7 driveway was expanded, to accommodate the truck. 8 And I know there was a sign on the truck. So 9 maybe 10 MR. ALTLAND: There's no trail in 11 this file on that stuff. 12 13 14 CHAIRMAN REISMAN: I want to tell you something. I lived right above them for 50 years; and I never knew I used to own Moe's 15 Bar. 16 17 MS. KLINE: Okay. CHAIRMAN REISMAN: And for the life 18 of me, I'm listening to you talk and I can't 19 remember 20 MS. KLINE: You don't remember 21 seeing that? 22 CHAIRMAN REISMAN: a furniture 23 finishing place back 24 25 MS. KLINE: I don't think it really it probably didn't really jump out at " -b",.t~i~'"",,,,,-,-,,,--,-,,.......-",~.,,,.l.1..JW-.'" ._.L-. _"~_,O '" - -....."""", c" " "~" .,.~~t.......~_ -- '-" . '......",,"~- ""'k""""",.."-.-"',,.:o"""'."'""'o_"J.)"'_-"""""",..,,;,.__,...."'.!;~:;;*;;~_ 35 1 you. The only thing that you really would have 2 seen was the truck sitting in the driveway. 3 MR. SHATTO: When do you think it 4 was last used for that purpose? 5 6 7 8 MS. KLINE: It's been a few years. MR. SHATTO: A few years? MS. KLINE: Yeah. MR. SHATTO: Do you know the 9 fellow's name that ran that? 10 MS. KLINE: Yes. James Strahosky, 11 S-t-r-a-h-o-s-k-y. 12 MR. SHATTO: And was he the prior 13 owner of the property? 14 15 16 MS. KLINE: Yeah. MR. SHATTO: Do you know what kind of approvals he had, if any, for that? I think 17 you mentioned earlier that you thought there was 18 some kind of relief there. 19 20 21 MS. KLINE: Well, I thought he had to go through because I know he got approval to build the building. And maybe I'm assuming 22 that he had approval to actually run a business 23 there. 24 MR. SHATTO: Do you know when the 25 building was built? _--,,:bJ,"-'''''--,"''A-"~'''''''='''''''''"''''',"''''''~A''''''-~-'.' 1 2 3 4 5 6 7 8 9 10 11 12 \ 13 14 15 16 17 18 19 20 21 22 23 24 25 - ~"'~"'_l ~, -"",,,,,,,,,,,,,,-,,,,^_~,,~,,,",,,,,",,;,;~,,,,~~~,,,,,,,;,),,1;;'~\(,.-.w~"1i"A "'..~.- ..~ 36 MS. KLINE: I'd be willing to say five years ago. MR. GARRICK: Is that all? MS. KLINE: Um-hum. CHAIRMAN REISMAN: come before the board. I know he didn't MR. GARRICK: He didn't come in front of us anyway. CHAIRMAN REISMAN: That I can guarantee. The other part I can't. I'm not too sure. But I know he didn't come before the board as far as the accessory building is concerned. MR. SHATTO: The building in the rear that you would plan to use, is that in the same condition now as it was when Mr. Strahosky vacated? MS. KLINE: It has carpet N01 no. in it now, and the walls are painted basically. MR. GARRICK: It looks very well kept. I'll say that. I think they're attractive buildings, even if it doesn't conform. CHAIRMAN REISMAN: It is. It is a nice building. It's very nice. Your parents have never lived in this house? """"'---'"'o1""'=id'.",,,,,~~,,,,,,,,,,,"",,--~"""~="""""l,,,- . ~ ="~ ~. -~""""..,L____",,,.. l<,,-,> J" ~~~~~... ~ - -""'-""""'--"-.,,,,,,=. '.""~",",~"~"",."""""",""",~~,-".",--,,,,g::<h~',:-. 37 1 2 MS. KLINE: No. MR. ALTLAND: What we should have as 3 far as dimensions, this accessory building, we would want basically a rectangle 4 5 a plan was submitted with it, with the application. But 6 there are no dimensions on it, because if we had 7 exact dimensions of the outside of the 8 building you know, a tape measure to the 9 nearest inch of the outside of the building and a 10 layout of any partitions that may be on the 11 inside, the location of a closet, a little office 12 space, or something 13 14 listed. MR. GARRICK: There's a powder room 15 16 17 MR. ALTLAND: MR. GARRICK: It is shown there? Um-hum MS. KLINE: There's a little storage 18 area there. 19 20 21 22 MR. ALTLAND: But there's no dimensions or anything on it. Right? MS. KLINE: No dimensions. MR. ALTLAND: We need dimensions. 23 We do need the dimensions on it. 24 And basically, I guess the house 25 is that a one story? "~~"",~>_,_~~,,,,,,,,....,j_''''-~Il-- ""~~. - ~".', ~~>--...... ._""""'~ ili.~.,-.J ,~~ '"'-'Ol > ___ - ___________________m____ _ _.".________ ~~=IoI\.=,,,rn.cI~,,'~...,~~_,!'""''''b-,'''-''''',.,~-~,,''''''~J<7,,''''~'JtlY'''~'#,-, 38 1 MS. KLINE: The attic was finished, 2 but it's not much of a -- it's not much of a 3 MR. ALTLAND: When you say 4 "finished" 5 MS. KLINE: It has carpet and dry 6 wall. 7 MR. ALTLAND: Carpet, dry wall, 8 ceiling-- 9 MS. KLINE: The ceiling, yeah, it 10 wasn't kicked out or anything. So it's a real 11 MR. ALTLAND: A low ceiling? 12 MS. KLINE: Yeah. 13 MR. ALTLAND: Lighting and heating 14 in it? 15 MS. KLINE: It's vented. It's tied 16 into the heating system. 17 MR. ALTLAND: Okay. So it could be 18 used for a bedroom? 19 MS. KLINE: Yeah. 20 CHAIRMAN REISMAN: If you don't 21 stand up. 22 MR. ALTLAND: If you don't stand up. 23 MS. KLINE: Yeah. 24 MR. ALTLAND: And that may run into 25 a conflict with the building code for the minimum ''''''''~~>J"J~'''''''"",o''.',b''l-''",","-~_..... ,",^",.~,~", ~ -~~I ~ <~'iilil .~,~ .,......, ~" L..- ----------- . -..,....~.-"~--'-'''''-', ".,,:,';;'B'''''''i:.L;..;u'''~~''''~_ll1d;~mt;- , 39 1 ceiling height distance also. There is a minimum 2 ceiling height of 7 foot 6, and you could have no 3 more than 50 percent of the ceiling itself less 4 than that 7 foot 6. In other words, you could 5 have 7 foot 6 and sloped down as long as your 6 average doesn't you don't get more than 50 7 percent of it below the 7 foot 6 elevation. 8 MS. KLINE: Is that an issue since 9 it's not going to be used for 10 MR. ALTLAND: No. It's not an issue 11 unless someone wanted to try and use it as a 12 bedroom, you know, to actually use it as a 13 bedroom. It's a great storage room. 14 MS. KLINE: So let's call it a one 15 story. 16 MR. ALTLAND: So you have a 17 one-story house. And what we want to have mainly 18 for the record, for the application, for the 19 record is the same sketch same style of sketch 20 of the house. You have an outside dimension and 21 some literally, on the drawing, you draw a 22 line for a wall, dimension a bedroom, dimension a 23 bathroom, dimension another bedroom, a closet, 24 kitchen, just some dimensions on it that would 25 give an idea of the size of the rooms just for ~,*.,.l&w"",,,,,,j''''''''''-'~_~,=-Iu.Jn,,-,,~lj.!l~~~b_''_" " "~'~J."",,,,""'_ ~ '"~ i ~~^ ~_"o, ~ ....... ~,.~~-='O...""",~""'-''''--......,~--!\..,.'''-''''~.:,''~,'''"'',fl--;i,, , 40 1 2 3 4 the record to go along with the whole application. And the only real part that it's going to have to do with is the 25 percent. If 5 you have a problem with 25 percent, if the 6 building in the back is as big as you say it is 7 and it exceeds the 25 percent, then that's 8 another issue the board is going to have to look 9 at. And they're going to have to look at this 10 Item No.3, No.1, to determine if that Item 3, 11 in fact, does apply to this building in your 12 application and, if it does, what to do with the 13 25 percent if you exceed the 25 percent. 14 15 MR. SHATTO: In other words, we don't want if the board were to grant you 16 relief, since they don't know whether that's 17 something that you would need relief from, you 18 wouldn't get it. And then effectively the 19 decision wouldn't help you much. 20 MS. KLINE: I'm basically telling 21 you it already does. 22 MR. SHATTO: But we need to have the 23 information. 24 25 MS. KLINE: All right. MR. ALTLAND: We need the ,-"""""k_=~",,,,k'~,,,,,,",,d'."_....,..,~,,,,,,,,-"" ,1" ~ Ld -- ~,_ _~~ ;,,....-' , .~ " .~ ~- - l'lII.oijlili "~ .~ '''''--~"""""""-",,,,,~,,,,,,~,''''-'''~'''~_,,,",..,~,,,-", "';"'-_~'''''J,'','''''~ ~"" , 41 1 dimensions. 2 MS. KLINE: You need exact 3 dimensions, okay. 4 CHAIRMAN REISMAN: Now that we have 5 thoroughly confused you, do you have 6 MS. KLINE: I don't feel so 7 confused. 8 CHAIRMAN REISMAN: That's real good. 9 Now, I hope you can remember this by the time you 10 get home. 11 MR. SHATTO: It would probably be a 12 good idea if you could get the dimensions of the 13 structures into the township office before we 14 meet again in January so that if there has to be 15 another advertisement or some additional detail 16 in the advertisement that that could be done. 17 MR. ALTLAND: I shouldn't even 18 address it, but I'm a little disturbed about the 19 quality of the advertisement that was sent out. 20 And that should have been picked up. That should 21 have been included. The variance should have 22 included that section. And it should have been 23 advertised, because, you know, it's obvious I 24 mean I can see from it you're obviously convinced 25 that you're exceeding the 25 percent with that 2:~-"'b_~'4'~_':l"'-'-'=~_"'b, '" ..- '""....-.."'"""'-"""""""""""'....,""""'~,,..,~~.~ 1illlII*"'Ul-'- "~~_LIiil!l ~""-,~--">-"'''"'''''','''_,-'--'_.''',.0,i,''";'<..,'''",,.,,;'''''..i'''-'<i-f.ti'''c ,~l"ll\l.,i""L, . 42 1 accessory building. 2 MS. KLINE: Well, it's kind of hard 3 you know, it's not even to it's not even 4 borderline. 5 MR. SHATTO: Well, if your drawing 6 is to scale, they look like they're almost about 7 the same size, the house and the office. 8 It wouldn't surprise me. MS. KLINE: 9 I was just eyeballing it. There's no 25 percent 10 there. 11 12 MR. ALTLAND: Well, that's going to need to be advertised also. So we're probably 13 going to have to readvertise it unless someone 14 15 would decide that that's not I wouldn't decide if it was my decision, I'd say yes, it 16 has to be readvertised, because that is an issue, 17 that percentage is or could be a serious issue. 18 MS. KLINE: With your advertising 19 it, it sounds like the issue is with the 20 neighbors. 21 22 MR. ALTLAND: Actually, what it is, it's strictly a legal issue. We're required by 23 law to advertise two times no more than 30 days 24 and no less than 7 days before the actual 25 hearing. And we have to post the property, and ";,,,,,",,-~,,,,,.,",,,;,,,""'~~""',^"",--'-"'I,""~~~,~,, _.~, .~ .~ rl "'~,--"~ ""~"'>!"'"~"""'~"'''''''''-'-'dd;[~"'"'~''''"'''''''''';'''',I',;,.;,,,,-,,;r,i;', 43 1 the advertisement must represent what you are 2 requesting, what you need. 3 Now, if you come in and there are 4 some municipalities that will do it this way. 5 6 ? 8 You tell them what you want what you're requesting. They do not help you at all. They advertise what you ask for. That way when you come back in and rediscover that what you the 9 board discovers what's advertised is not what you 10 need, it's shame on you, you didn't tell us 11 right. 12 I don't like to operate that way. I 13 like to try and dig out everything out of you, 11 the applicant, so that whenever we do advertise, lS we are advertising everything correctly and you 15 17 don't have to come back again. And I know the board feels the same way. They like to be able 18 to come in here one time, take care of the issue, 19 and take care that it's done. I don't like 20 having to request people to come back again; but 21 in this case, I agree with the chairman that we 22 almost have to in order to get all of the facts 23 out. 24 MS. KLINE: So the advertisement 25 I guess my point with the advertisement is to see "c''''''''d'''';''~~~'"-''".;''-"=d.....~~~"",Ii!il~,,","~~ -. "'~~"~"m, _ 7.,' ~~ .. ~~_.i.=",.. ,1-"'-'-"-' ',w ""~-"~ ';.~""<Mi!";,;,~..,-,-=,=-,--,~"_-"" "",,,,,,,,,,,,,,,,,,,,,-,,,,-,,__w,b."i""''',",Wi!o",",,,~;~;#itj;!,M~',' 44 1 if anyone objects. 2 3 MR. GARRICK: MR. SHATTO: Yes. Primarily. Really 4 anybody in the township could object, even if 5 they don't live next door or within the 300 feet. 6 MR. GARRICK: Do you see what's here 7 tonight? 8 MS. KLINE: And I haven't even had a 9 neighbor say a thing to me. 10 MR. SHATTO: The problem is that if 11 we don't advertise all of the relief that you 12 need and request and then grant relief that 13 wasn't advertised, someone who lives nearby may 14 say, Well, if I would have known she has 15 requesting relief from this section or that 16 section, then I would have come in and objected 17 to this. 18 19 MS. KLINE: MR. SHATTO: Okay. So it's just a matter 20 of being complete about the notification. 21 22 MR. ALTLAND: You could end up with a nondecision: The board makes a decision and 23 somebody challenges it and then it's gone, 24 25 because if everything in other words, we need to dot every "I" and cross every "T." That's all ,,--"",,,b""'~'-I"~,",,~,,-o..,,,",,,,,,,-.....~-j""""",~~~4....~_.... "'" ."'~ ~'". "..- . ~,.Lli&""~- ~'^''''''. ~. "'''N ,''t'...'''."..,;"",,,.,'''''_'''''',_,""'--"'--'''"',.''",=1<<''''''',,,.''',,....'"'=.1;1;>',"";,'_hd,-".-:>{;'!!..<;'Ei'- 45 1 I need to say anymore about it. 2 3 MS. KLINE: MR. SHATTO: 4 continuance 5 6 7 8 9 10 11 MS. KLINE: MR. SHATTO: MS. KLINE: I understand. Are you agreeable to a Yes. -- until next month? It's not what I really want. fine. It kind of delays my movement, but that's So I will get a letter from -- probably from the school. I'll see how they want to handle that. I'll get a letter from the property 12 owners 13 MR. SHATTO: 14 those -- 15 16 MS. KLINE: MR. SHATTO: And if either of and the dimensions. Yes. And even if those 17 folks, your parents and/or someone from the 18 school, if they want to come in here, that's 19 perfectly fine. 20 CHAIRMAN REISMAN: We can have them 21 stand up, and we can put it right on the record. 22 MR. ALTLAND: 23 capacity for them. 24 25 MS. KLINE: We have seating Okay. CHAIRMAN REISMAN: I think that's "'i'".h""-",",_-",I'~"'-~,""-~d".",,,",",,,,,:~.,..w.,,". . L. 1 -M_~ ^."""'-"~'''''~ _ . om=>' ~~~"'~ .......,_.,~~""".. "lil;ilili"iL'""' ,. ...~,' ~<il=""""=W,""","""~-='<.ii-.'c-"",,,,,,,,",,,,-,,,,,,"'~_.ficJ_;"'""C:;~,"d:,:;, ... 46 about that's the only route we can go, like I 2 say, with what we have. 3 MR. ALTLAND: Dave, do you want to 4 say anything? 5 Dave represents the Township. He's 6 on the other side of the fence from us. 7 MR. MARTINEAU: Since you're going 8 to put this off until next month, I'll save most 9 10 of what I have. I'll reiterate the concerns regarding standing. Since it's an interest in 11 land, there really needs to be a writing signed 12 by the landowner or they're sworn testimony here 13 or cosigning the application, of course. 14 Correction of the notice to correct 15 the fault that you had initially indicated as 16 17 well as adding the area to the notice is I agree this diagram is not wildly off. It's going 18 to be a necessity for relief from that section. 19 And in addition, it appears from 20 your photographs is that accessory building 21 pretty much right up against your back fence? Is 22 that where that is? 23 24 25 MS. KLINE: There's well, in the picture, it's hard to tell. There's probably about, I would say, 3 feet from the fence. It's ,<,",""b"",,,,.,'-'I."'=>l<""'-'".;clJ.,~,, ,..., ""',"" ,.~~ "~'"<~~"'U_I~... =M"!~~",__",-"",-" ,.,;"-"-k-CiHY'''''~'-'''''''=_;'''_''''''',',r_;~,".%~,0.lo;,_ 47 1 sizable, because you can walk behind it and mow 2 3 4 behind it. It's sizable. MR. MARTINEAU: That might be another there's a requirement of IS feet. And 5 it's something that occurred to me from the 6 fence. 7 MR. ALTLAND: You mentioned about 8 the fence was previously for dogs or something. 9 Is the fence 10 MR. MARTINEAU: Unless the fence is 11 12 feet in from the property line, then I'm 12 saying that may be another issue that we may need 13 to look at. I don't know if that was even 14 brought up when the building was originally 15 built, but you were saying there was no history 16 at all regarding this. 17 MR. ALTLAND: I don't know if there 18 is or not. 19 MR. MARTINEAU: That's just 20 something that occurred to me from looking at the 21 photograph. Other than that, I'll save anything 22 else for next month. 23 MS. KLINE: I know that the property 24 behind has an in-ground pool and they also have a 25 fence. And I'm pretty sure there's space between -"*""~,l"~<""'""""",cl,,,,---,,,",,."",,,,,,--..I" ^'~~.=-.- ". ~, . -~~."" ~ ~--~,~"....:.. --,--,__1_., ~'_ ,~- ~-""'~>l~,~=""-"."",,_,,,"<",, "bo""',"j'L""-"--_'~__'.,>",",,,,,",,-' 48 1 the fences, you know, because they have a 2 separate fence. So I don't know where the 3 property line actually is. 4 5 6 MR. SHATTO: I guess one other thing and I think you did you did talk about it a little bit. But if the board were to 7 grant relief to you next month, I think they 8 would likely want to set a maximum number of 9 students. So whether that's 20 or 15, it would 10 be helpful for you to give them some 11 12 13 14 MR. GARRICK: MR. SHATTO: MS. KLINE: MR. SHATTO: A firm number. guidance. I'll see if I can, yeah. I mean if they're going 15 to set a number, I don't think they want to set 16 one that's going to unnecessarily interfere with 17 what you want to do. But, you know, if you only 18 need 15, then that's probably what they would 19 want to do; or if 20 is better, then that's what 20 you should ask for. 21 22 23 24 25 MS. KLINE: Okay. MR. SHATTO: Anything else? MR. GARRICK: That's it. MR. ALTLAND: The only thing I can think of right in accord with all of this and "~"",~,.":i~,-,~~"",^-"...l<",.",,,,.,,tilil:__'~ -.' ''"''''''''-'''''"'~~".....,. ,~-,~"""""" - L__ -,^. ~ '~~"",~""--,"",e"""',,,-,,-,,~,-,,!lli!}'""""'-"'~"-"'~fuli;j';1f~::L . 49 I keep saying about dimensions of buildings should probably present not a and 1 2 so forth. You 3 modification of the existing drawing but another 4 drawing showing the lot, the property line on three sides of course, the front the 5 6 right-of-way line is at the front but your 7 property line on three sides, dimensions from the 8 property line to the fence and from the fence to 9 this accessory building or dimensions from the 10 property line to the accessory building. 11 And it's going to be tough now with 12 snow on the ground to determine where lines are; 13 but if you could determine you know, somebody 14 out there measuring with a tape getting an 15 approximate 15 1/2 feet, 12 1/2 feet, something 16 17 like that to give us an idea of where it is. And that should be on the sketch also. We need a 18 sketch of the property showing the location of 19 the buildings and then a sketch of each 20 individual building. 21 MS. KLINE: Well, I know I can look 22 at the deed and get the lot dimensions off of the 23 deed. 24 MR. GARRICK: I was thinking the 25 same thing. '';''''~'-''-~l'c""-~~'w.'''-'='''''"._<",~,'--''!""",,,i~ 10 11 ~ ~~" I -=~'''''''''lil..~n...;~''" """'-'1~_li,ij,IW"'--'-b"~~",..."..~l-,-",,",,"-':"l_,=,'"-""'A";?,,,,"_," ~ ""'- ~ .--, > 50 1 CHAIRMAN REISMAN: That would work. 2 MS. KLINE: That, I could give you. 3 I could see how yeah, I mean otherwise unless 4 the property actually has a marker on it, r mean 5 I'm not going to be able to determine where that 6 line is. 7 MR. ALTLAND: When your parents 8 bought the property, were they shown where the 9 property line is? MS. KLINE: I don't know. MR. GARRICK: The deed would be good 12 for us. 13 14 15 16 17 18 19 MS. KLINE: I could give you that. MR. ALTLAND: And again, I apologize. I should have had the property file out here. I thought all of that was addressed previously. It may be covered in the property file. I don't know. As the chairman said, get in touch 20 with me at the beginning of year; or you know, 21 even if you have time, the first opportunity you 22 23 24 25 have. Things are kind of slow. I will be in the office Wednesday and Thursday next week. And I'll gladly sit down. If you bring the deed in, whatever, I'll have the property I will get ","~'''dO",.",,,-,,~~,,,,,,,,,,,;"",,".~,,,,,~'.--N -I.- '_~_~ "" 1 2 3 4 5 6 7 8 9 10 11 12 ) 13 , 14 15 16 17 18 19 20 21 22 23 24 25 ~- ---0;1' I"~~""'r ".~" ,~-- - 1"","""''''''J.i'tJ"''~''Y"",ol!~"",,,,-,.,,j16WIli.!.<~'',~~~'i&*,,l~iliijti" , " 51 the property file out tonight yet so that I have it. And when you call, I will sit down and get what other information we can to get organized so that we do have the necessary information for the board and that we can get a proper advertisement out. And it has to go out very quickly, too. We don't have a lot of time to waste on getting an advertisement out for the next hearing. It should be in the mail today. MR. SHATTO: You may want to check with your parents, too, to see if perhaps they have a survey plan that might have been done by the prior owner that was given to them at closing or whatever. MS. KLINE: Okay. MR. GARRICK: They bought it. What did they buy it, on sort of a tax MS. KLINE: It was on a foreclosure. MR. GARRICK: I would think on a foreclosure that there would be papers on there. MR. ALTLAND: There should be. I don't have anything more to add. ii'b.l~...,"",".J.-'-~",,>,~' ~ . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~, ,,'-~~~ ,,~ ~~""",",'" ." ^" -~ . ,~_L.. ~,_,""''''''"o" ,.""~",-,,,,",,,~",,,i,"_,,=,,,,__,",d,,",,,,~,,,",,,M'''''''''';o~ ~~ -.< ~. ..... ~ ~ .-, 52 CHAIRMAN REISMAN: Does anybody else have anything elsa to say? (No response.) CHAIRMAN REISMAN: Then we'll conclude this and postpone it until the third Thursday in January. (Hearing adjourned at 7:50 p.m.) _bi~","""",""""~~f .~~l."' , "" ~~., ",_. "'~, " ~~~ i_."._. -~-'. ,.,_~-,,",,....,;,,~,.,,,,,,.;.;;,I""',I"'Jt."""'.L~~j,';"'"_ 'lI,oJo",',_ ... ..... "" ..,.. 't, "<' 53 CERTIFICATE I hereby certify that the proceedings are contained fully and accurately in the notes taken by me during the hearing of the foregoing cause and that this is a correct transcript of the same. ~~&alP Denise L. Travis, Reporter Notary Public in and for the Commonwealth of pennsylvania My commission expires Ap r i I 20, 2002 ~ifj~~_~;~; d'~~'~~ii..-; I! ,.......-......_"". ,---~.-''',,~-, ~-",",..",. ,,>,~~~ ,,,,. ,,_", ~"~~ ~.>_"=_<,~" ._ ,_",~c~_,,'''' '.. y-,. , ',' ~ ' -']lflij:~I~~'M*ll'<A-O v~I'iJlt:.r1lrit!i ~" ,. , ""--~'- ," re' _ _ "'~"_,__ _~_ .. -_"'0" 'I - ~ ~ ~ , ~ ' ......,,;.~..~; , ~ .- rn , ~111~rMM' .... -i. "" '-, ~ <=:5 1lf " "...."''''......._.."~........ - ~-- ~ -.. "~~il'WIill~~,._"(,.(~~lim""jl"""h"'-""<1~'i'.!'Ii'-~~~~1il,,'gfuq",';;,'1i\':j-,' . .. , ... '*,-,;'; fl" LOWER ALLEN TOWNSHIP ZONING HEARING BOARD IN RE: 1. Docket 2000-16, Susan Kline, continuation, special exception and variance Docket 2001-01, Harrisburg Korean Presbyterian Church, variance 2 . jr ''''\ Stenographic record Lower Allen Township 1993 Hummel Avenue, of hearing held at the Administrative Building, Camp Hill, Pennsylvania Thursday January 18, 2001 7:00 p.m. MEMBERS: Burton Reisman, Chairman Kevin Garrick LEARY REPORTING 112 West Main Street, Ste. Mechanicsburg, Pennsylvania 200 17055 (717) 233-2660 Fax (717) 691-7768 ~__ _,~__",-""""",",~,"""""-",,..k,"'.,___~,_, ~~- , - '" "*~~. ~-"~ ]--1i~'I<""'.1~;'-~1~:'jl:;ril:"'~\;~>&[ii'--" { 11 ( '" APPEARANCES: CLECKNER AND FEAR EN III Locust Street Harrisburg, PA 17101 BY: DENNIS SHATTO, ESQ. (717) 238-1731 For the Board METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 BY: DAVID H. MARTINEAU, ESQ. (717) 238-8187 For the Township ALSO PRESENT: David Altland - Codes Administrator " -~~~-,.., .........,*"""~~-""""'...."'- ~ '~.~ - .l='>o~I". -,~ ~~1 ..&~"'-H~~~~~~~""ci""",--;,t;;ili,~~,. { i f .. I N D E X DOCKET PAGE DECISION PAGE 2000-16 4 Approved 85 2001-01 40 Approved 87 ***** E X H I BIT S (Not Attached) APPLICANT'S DESCRIPTION MARKED 2000-16 4 Drawing 22 2001-01 1 Application 45 2 Construction Permit 45 3 Copy of Ordinance 2000-06 45 4 Copy of Zoning Table 1 45 5 Specifications 46 6 PennDOT Traffic Map 46 7 Letter 46 8 Plan 53 ,<~=<><-,.~ - :ni"-" . '''-l:_~~~ '~ "' _'"'--~~~~I~~-"1rJi;" 1 2 3 .'111" ~l ~.I,,~i- ~ ~- < ( '" 4 PROCEEDINGS CHAIRMAN REISMAN: The Lower Allen 4 Township Zoning Hearing Board will come to order. 5 6 7 8 The first order of business is the continuation of Docket No. 2000-16. And I would like to ask Ms. Kline or inform her that she is still under oath from the last session. We 9 won't go through the ritual. 10 11 12 MS. KLINE: Great CHAIRMAN REISMAN: Okay. Fine. Now, I think we left off more or 13 less a little mixed up, and we were trying to 14 bail you out of this thing. And we asked you to 15 come back and tell us exactly what you want to 16 do, how you want to do it, and where you want to 17 do it. And I see from -- you started to do your 18 homework with your drawing. 19 Now, looking through the transcript 20 of our last session, one of the questions that 21 came up that could determine the solution of this 22 problem of yours is whether you're an instructor 23 24 25 or a teacher or what different categories. we put you in about three And we don't know which one to put you in. So I'm going to let you take ~~,,~" '""~~.-"-'--- ---."',~ I~ ~ -~Md,,"~\j'<'''h<i:01-,..r;:i&tii<:~' i ( . 5 1 it from here and tell us what you think we should 2 do here. 3 (No response.) 4 CHAIRMAN REISMAN: All right. Le t 5 me help you out here. 6 7 8 MS. KLINE: If you could. MR. MARTINEAU: Can I interject real quick? We have a threshold issue of the 9 homeownersr and nothing has been put in writing. 10 I understand she brought the homeowners with her, 11 if they want to put something on the record. 12 1:3 to them. 14 15 16 17 18 CHAIRMAN REISMAN: Yeah. We'll get MR. MARTINEAU: Also, is there an additional copy of the neW drawing that I could get a hold of? CHAIRMAN REISMAN: Yeah. There's one right here. 19 20 MR. MARTINEAU: Thank you. CHAIRMAN REISMAN: Now, going to 21 your testimony of last month, most of your 22 transactions will take place in the rear 23 building? 24 25 MS. KLINE: All of them will, yes. CHAIRMAN REISMAN: All of them will ""-"-=-"""""'~' '''''''''~I''''""-=>.io.=-'''--'~~",,,,," - ~ ~ """.~!;~ll\'~~~~d(~':,.:,,~;Ikf;~ii , , , 6 1 be back there, everything. Nothing will be in 2 your home? 3 4 MS. KLINE: No. CHAIRMAN REISMAN: Okay. And the 5 question comes up about an accessory building is 6 what we had a problem with. 7 8 9 MS. KLINE: Right. CHAIRMAN REISMAN: And I think we still have that problem. However, you also 10 mentioned, as it was just brought up by the 11 attorney for the Township, that you said you had 12 permission from the school to park? 13 14 MS. KLINE: Yes. CHAIRMAN REISMAN: And also, you had 15 permission from your parents to use this property 16 for the purpose you want to use it? 17 18 MS. KLINE: Yes. CHAIRMAN REISMAN: Okay. Now, do 19 you have that documentation? 20 21 MS. KLINE: I didn't get a letter from the school. I talked to them. And with 22 their policy, they are not permitted to put it in 23 writing or verbally. So with that dilemma, I've 24 called Stephenson's Flowers, which is right 25 beside the elementary school, and requested a ~~.~...,.~ i>I:,ll ~ <.~ ~- , ~-~ ~ ~ ~ ~~- :i!l_""""""'.........~,~~_~..."~'::~_':._:~,EJri;i;-'&h''"'"i1?'JJ,' . , . 7 1 2 3 letter from them. Unfortunately, Stephenson's is no longer owned by the Stephenson family. It's owned by a corporation in Florida. So they were 4 willing to look into it for me; but it's going to 5 be a time factor, because it's more of a 6 corporate issue. 7 8 9 at But with that in mind, I was looking one of the other things you had asked me is what maximum number of people I would have. And 10 I really looked at a realistic number and size. 11 And having some people come over so that I could 12 get a good visual, ten would be my max that I 13 could comfortably that I could comfortably 14 have there. 15 So my overflow parking would be at a 16 minimum and could easily be covered by people 17 being willing to park around the corner on the 18 side street, because I'm right in the middle of 19 the block. 20 CHAIRMAN REISMAN: Oh, do you mean 21 on Allen Road? 22 MS. KLINE: Yes. So with that, 23 since 24 CHAIRMAN REISMAN: Well, I can 25 understand the problem with the school and also --,",~'''"",""" """~~"~~~~~.~"'""~".. < ~.~~"'~~- -,~ -- ,~ .A 1-1ll1L. ~ '""'''~,~lil~__~,=<:M ":o_~ft'"ill~~~~~'-k'''U''''''',:_';;;''"i'__ < . 8 1 with Stephenson's 2 3 4 liability-- 5 6 MS. KLINE: Right. CHAIRMAN REISMAN: -- with the MS. KLINE: Right. CHAIRMAN REISMAN: which is 7 involved in something like that. 8 9 MS. KLINE: Right. CHAIRMAN REISMAN: Anybody can park 10 in those parking lots because they're empty, but 11 it's a case of liability that the school is 12 concerned about. 13 14 MS. KLINE: Yeah. CHAIRMAN REISMAN: And now, your 15 other one about permission to use this property? 16 17 MS. KLINE: The homeowners are my parents. This is Mark and Elizabeth Hilbert. 18 And I had moved into the property with 19 specifically realizing that it would be a benefit 20 to my business since I was paying rent elsewhere. 21 CHAIRMAN REISMAN: Well, then I'm 22 going to leave you alone for a minute. 23 MR. GARRICK: What about the 24 permission? 25 CHAIRMAN REISMAN: I'm going to get ......... ~""'~_~,Itl.~..",,,,,,,~",'" -" ~~ ' " ~ ~=~-~<.~I~~ ~=- -, '"~'~"'~_.lI!i'~~_W_~M!.t~.!<'1ij;-j;,,:--":<-".~r'''''}-''C' 9 1 that. 2 3 MR. GARRICK: Oh, okay. CHAIRMAN REISMAN: I'm going to call 4 on your mother and ask you to raise your right 5 hand. 6 7 ELIZABETH HILBERT, having been duly 8 sworn, testified as follows: 9 10 CHAIRMAN REISMAN: Will you state 11 your name and address for the record, please? 12 MS. HILBERT: Elizabeth Ann Hilbert, 13 905 Eric Avenue, Mechanicsburg. 14 CHAIRMAN REISMAN: Thank you. And 15 we want it for the record that you've given your 16 daughter permission to transact her so-called 17 business and school on your property. 18 MS. HILBERT: Yes. We both have 19 given permission. 20 21 22 23 CHAIRMAN REISMAN: Both have? MS. HILBERT: Um-hum. CHAIRMAN REISMAN: Okay. Fine. Now, do you have anything you want 24 to ask, Dave or Dennis? 25 MR. SHATTO: I don't think with 1 2 3 4 ~c-'''~~.;,,__-='-'------- -~ -~ ~ ~. ~"~ __,. ~ ~.........,.J'_~_"""'~' -"'<b~"'~*'~~~~~~"''t;J'''*'t''',''''th_ , , 10 respect to the ownership or no. MR. ALTLAND: Mr. Chairman? CHAIRMAN REISMAN: Yeah. MR. ALTLAND: There is some 5 information I do have to present here. 6 In going through the property file 7 trying to do a little background research, at 8 last month's hearing, it was stated the prior 9 owner had operated a furniture refinishing 10 business in the accessory building. There was a 11 zoning permit issued, March 27, 1995, to James 12 Strahosky, 206 Locust Street, for Old World 13 Restoration, a home occupation, front room office 14 calls. 15 16 In other words, there was a desk perhaps in a front room and a telephone. There 17 was nothing ever indicated about using the 18 19 20 garage/storage building for anything. And there was no zoning application, no zoning permit. And nothing was issued for that. There's absolutely 21 nothing in the record about the garage. 22 23 24 25 There is a building permit to build the garage and storage room. That was Building Permit 4689. final inspection was It was approved December 5 of 1996, which is well, --""""'-'-""'......,'"~"''''~'-' ~'. "" "" ~.... -II ,-" ~~ , ",""_,,,,,,,,,,";,,..,,,-,,,,,:.0 __,,-,,-~~,,",",'''U", __''''''"''''';"_'"''';clo<--''",~: '""~.iil.i~:C 11 1 it's well over a year almost. It's close to two 2 years after the zoning permit was issued for the 3 front room office. 4 5 6 It was a storage building. That's all it was intended for. The application for that building was a stick-built the building 7 permit was listed as a stick-built 24-by-32 8 structure, which stick-built means that's only 9 to differentiate between a prebuilt, you know, a 10 prebuilt shed versus a stick-built shed. That's 11 all that that implies. 12 The actual building permit 13 application in Section 2(a), it says, Describe 14 the proposed improvement, construction materials, 15 and intended use. It says, A stick-built 16 24-by-32 structure on a cement slab, storage and 17 recreation. There's no indication anywhere and 18 there is no approval given anywhere for this 19 building to be used for anything other than 20 storage or recreation, keeping a bicycle in or 21 maybe playing Ping-Pong in or something like 22 that. 23 Basically, the point I'm trying to 24 make is that there is no permit for that building 25 to be used as anything other than a storage _<$'J>J..........~I~,"""'_.~,.'"~~ -- ' 1 2 3 4 5 'M .L = ~" ~'~""""""'..-----~~......;~;;(~f.lW~"'~-i;J:]"k.i,'-"," 12 building or recreation. I'm not sure what we could have in there. Maybe you can have a Ping-Pong table in there or you could have I don't know -- have store your bicycles in there. I don't know what it would be other than 6 that. 7 But there's nothing there that gave 8 any approval or any permission of any kind to 9 operate a furniture refinishing business in that 10 building. So therefore, there is no previously 11 existing home occupation in that building, which 12 is going to be the biggest problem. I mean 13 there's a lot of these other situations or 14 problems, but that is the biggest problem 15 combined with obviously the other and looking at 16 the size of the building. It doesn't meet the 25 17 percent requirements. 18 19 CHAIRMAN REISMAN: Yeah. To tell you the real truth, there isn't I'm reading 20 here in the transcript, The area used for 21 practice of a home occupation shall involve a 22 maximum of 25 percent of the total floor area of 23 the dwelling, excluding attached accessory 24 structures. 25 MR. GARRICK: They have schools of -~'C>~'~~~-"'-"''''',",,-~;;;;O<'''''~ .~ - ~ .....~,,""" . -~j - "'","A_',""",~_~,",~",,,,,,,,=c'''',,~,,",,;''-.l',=_o.,~>," ,,_, ~" ,,' ~~,,"_~.,~ 13 1 dance. 2 CHAIRMAN REISMAN: I'm looking at 3 the transcript. 4 MR. GARRICK: I didn't get a 5 transcript of the last meeting. 6 MR. ALTLAND: I believe there was 7 only one delivered. The what's in the file, Bud, 8 has. 9 MR. GARRICK: Could occupation be 10 considered something like a school of dance? i 11 MR. ALTLAND: I think there are 12 items in there that more closely resemble what's 13 being done. 14 (Discussion held off the record.) 15 CHAIRMAN REISMAN: What we're trying 16 to do is trying look at the ordinance and see if 17 we can come up with something that's comparable 18 with what you want to do 19 MS. KLINE: Okay. Thank you. 20 CHAIRMAN REISMAN: because as it 21 looks now, it's I don't know. 22 MR. GARRICK: A list of home 23 occupations, there are things like insurance 24 salesman and dressmaking, etc., etc., and antique 25 shops and what have you. And then it comes to -'': -, "l-''-'''''''","",,~'''"''-'''~~ .~ ,-" ~ ~_. -.. ~ ~~ -~~~j~. '~-~""';--~-""[~~'"'~~~:.: < 14 1 schools of dance. Now, it seems to me that you 2 do have something similar to that in your agenda, 3 do you not? 4 MS. KLINE: Um-hum. I teach yoga 5 and meditation, and that would have a 6 relationship. 7 8 9 MR. GARRICK: Well, there is tutor teacher or tutor; but that would limit you to four students. And I think that would be 10 a little restrictive from what you've told us. 11 MR. ALTLAND: That's what she's 12 requested the variance for, to that limit. 13 CHAIRMAN REISMAN: And she mentioned 14 tonight that her maximum would be ten. 15 MR. SHATTO: And interestingly, 16 schools of dance doesn't have any 17 18 19 MR. GARRICK: MR. SHATTO: MR. ALTLAND: No limit. restriction. Well, under 9 Item S, 20 I know if there were any professional doctors or 21 so forth there, they would say, No way, no way. 22 But, you know, it says, Professional office of 23 doctor, dentist, chiropractor, psychiatrist, or 24 other medical service. You know, it could 25 certainly fall under the category of a medical . . ,~ . ~ ~' -" ","~iC'''i'_''''~__"i.il@~c'iiI.,~'4t;~;'U'''''''''''''-I.,,'I!::>._ , 15 1 service. 2 3 4 CHAIRMAN REISMAN: She has to be licensed for that. We went through that last week or last month. And she is not required 5 to have a license for her type of work. 6 MR. SHATTO: Keep in mind, the 7 board -- under Subsection 9(u), which is on page 8 22097, the board has the ability to determine 9 that other uses could be considered or deemed as 10 home occupations. So you're not restricted just 11 to the list under Subsection 9 (a) through (t). 12 CHAIRMAN REISMAN: Well, actually, I 13 think in this instance being Ms. Kline teaches, I 14 think (f) would be something we could think 15 about. 16 17 MR. GARRICK: Yeah. CHAIRMAN REISMAN: And the limit to 18 no more than four students, she is here primarily 19 to get 20 21 22 that. 23 24 MR. GARRICK: Re1ief from that. CHAIRMAN REISMAN: relief from MR. GARRICK: Yeah. CHAIRMAN REISMAN: So actually, the 25 only thing with that we'd have to do is determine ~~- ""'~'"~" -" ~ .~ - -_.....~ ~ -.lllaI ",",,,,,-'-+_H.."'-",,,-,,,,,-,,,,,,.c.!_', ,_"'.""----""-b_""__~,'_",","'_'w1d'"', ,_"c._,~, .. -- > 16 1 whether or not there's reasons for granting the 2 six extra students she wants. 3 MR. SHATTO: Well, then you have the 4 25 percent 5 CHAIRMAN REISMAN: That we don't 6 have. 7 8 MR. SHATTO: issue, (B) (3). CHAIRMAN REISMAN: That is the only 9 bugaboo of this whole thing is the 25 percent. 10 MR. ALTLAND: Mr. Chairman, just as 11 a point of information, the dimensions on the 12 drawings that were presented this evening, 22 1/2 13 by 33 feet of the primary building on this 14 property, the residence, that's 743 square feet. 15 And 25 percent of that is 186 square feet. By 16 186 square feet, that would be approximately 13.6 17 feet by 13.6 feet, which the building is 32 by 18 24. You'd be to meet those requirements, you 19 would be cramming all of your activities in one 20 little corner of roughly 13 1/2 by 13 1/2 feet to 21 meet the requirements of the code. 22 Now, you certainly you know, you 23 certainly have a lot more space in there, open 24 space in that room than that. 25 MR. GARRICK: 768 square feet. ''''-l_illil 1 2 ~"- ~I~"~"-'- ~_, J _ ~ -. ~-. ~ ~ "" ~"""'~j"""""",",~=""";:;';~.~'A",.'.L',:'''''';''_'''-'''''''''~:'"_,,,-,, -, 17 MR. ALTLAND: Well, no. 768 is the I did total entire building. That does not 3 not deduct for the storage room, the closet 4 5 6 7 8 CHAIRMAN REISMAN: The hallways. MR. ALTLAND: the powder room. CHAIRMAN REISMAN: And the hallways. MR. ALTLAND: Yeah. CHAIRMAN REISMAN: What do you 9 consider the usable space? 10 MR. ALTLAND: To fall into the 25 11 percent, you're talking about 13.6 by 13.6 feet. 12 But there is another while we're talking about 13 things that had slipped my mind but seeing the 14 powder room reminded me, there were no permits 15 issued in that storage building to have toilet 16 17 18 19 20 facilities. There was no permit, no approval to hook up to the sewer. And there was no inspections of any of the bath the powder room or anything. That was not approved either. So this storage building was 21 basically finished by the previous owner without 22 23 24 a permit. building. He had a permit to build a bare There were no approvals, no permits to finish the building. There was no certainly, 25 there were no permits to hook it into the public _ _~='T'O"_'_ '~liIIiilr-" ~~~.."" '-~1'"- ""~.~_,,",_Oilif_~~'''''',i'4<,''',''','''':^'-'''''-_'Oci,,;>l,'(_ i , 18 1 sewer, which I'm only guessing that it's hooked into the public sewer. 2 3 We don't know. CHAIRMAN REISMAN: Is there 4 facilities in this -- 5 MS. KLINE: There's a powder room 6 and a hot water heater. 7 8 CHAIRMAN REISMAN: In this building? MR. ALTLAND: It's shown in the 9 front right corner if you look at the drawing 10 that was presented. 11 12 13 14 15 CHAIRMAN REISMAN: Yeah, I see that here. But that machine can't see this. There is a powder room -- MS. KLINE: Yes. CHAIRMAN REISMAN: in the right 16 lower corner? 17 18 MS. KLINE: Yes. CHAIRMAN REISMAN: And it's hooked 19 onto the sewer and everything that you know of? 20 MS. KLINE: To my knowledge, not 21 being an expert. 22 C~AIRMAN REISMAN: I see your father 23 shaking his head. 24 25 We'll swear you in. ,-_.. ~. " ~ ,~ '..... ~ ~ ~ i _,~ ." ~'~"'",*"'~~-.r,,'_,"'_"'d"~"Jh""""''''''''''__'''~' 'o"~,,b,; -;,' 19 I MARK HILBERT, having been duly 2 sworn, was testified as follows: 3 4 CHAIRMAN REISMAN: Would you state 5 your name and address for the record, please? 6 MR. HILBERT: Mark Hilbert, 905 Eric 7 Avenue, Mechanicsburg. 8 CHAIRMAN REISMAN: Thank you. Now 9 you can talk. 10 11 12 13 14 MR. HILBERT: About a year about two years right after we bought the property, the sewer line line froze up. the sewer line or the water And I had to have it dug up and repaired. So I know that there's a sewer line 15 that goes into the house and then into the sewer 16 plant, into the sewer lines. 17 18 CHAIRMAN REISMAN: Um-hum. MR. GARRICK: But you know nothing 19 about the auxiliary building? 20 21 MR. HILBERT: Pardon me? CHAIRMAN REISMAN: That's the 22 auxiliary building. 23 MR. GARRICK: I thought he was 24 talking about the house. 25 CHAIRMAN REISMAN: The line goes ,=^~~, ~-~,--~ " - ._M~ . '"-'-~.~_ '_l_~_,",,~-*&b.>cif~" 20 1 from the accessory building 2 MR. ALTLAND: The line goes from the 3 accessory building, into the house. 4 CHAIRMAN REISMAN: into the house 5 and then into the sewer. 6 According to your figures, we don't 7 have to worry about the size, 13 by 13. 8 9 MR. ALTLAND: How do you figure that you don't have to worry about it? What I'm 10 saying is you have a building there that's 768 11 square feet; but how that 768 square feet meets 12 the requirements of the code of 25 percent, 13 you're going to use 186 square feet of it. 14 CHAIRMAN REISMAN: Oh, yeah, I see 15 what you mean. 16 MR. GARRICK: You can't blame these 17 people, though, for lack of codes enforcement. 18 19 What did you say, 1997? It's pretty recent. MR. ALTLAND: In '95, the zoning 20 permit was issued to have an office in the front 21 22 room, a desk and a telephone or something. And that was March of '95. December of '96 the 23 building permit was issued to construct this 24 storage building, storage and recreation 25 building. ,,~ - ,,= ~"". '-~o>= ^,. ~.~ """"_'~,,,,",-,~~~'_ ~ ,-.. "",",","'~""'""~b"'",.-l~ic.."",".-",_..",Jc...,,:,.,,,,-",,,,=_C__. -, ,,,,^,,_,-,,.,,; ",;,'"-;.'_-"_ . > 21 1 MR. GARRICK: And isn't it normal to 2 follow up there and take a look and make sure 3 they're involved in what they asked for? 4 MR. ALTLAND: Oh, that would be nice 5 if we had the time. There's no way. The 6 inspections are made on the building. The 7 building had a final inspection and passed. It 8 was a storage building. And apparently, it was 9 built properly. And that was the end of it. 10 There was nothing else there was 11 nothing else done that we are aware of legally. 12 Nothing else was done after that; but obviously, 13 it was done, because the running water and the 14 sewer connection was put in there. And then a 15 furniture refinishing business was established in 16 there, but neither had any permits. ~ 17 MR. GARRICK: Okay. 18 CHAIRMAN REISMAN: Yeah, I can see 19 that, maximum of 25. 20 MR. ALTLAND: Yes. 21 MR. GARRICK: So it would behoove 22 somebody buying a property like this to check 23 these things out to make sure that that building 24 is in conformance with the codes, that accessory 25 building? .~ i "h ., ,~~~ ."_.~~"._~.~~ _,~< ~" . ~jj . - "~ ~ ,.'~ ~~ '., ~, .,~"a""'_"'""'~"'~'-'''__'L''''<~_l<~''''';',~.'''UJ,''-'"~""""",,,,, . "c_"'_"' . , 22 1 2 3 MR. ALTLAND: Yes. CHAIRMAN REISMAN: How much room is in there if you well, you don't have the 4 measurements of the bathroom or the storage area. 5 6 Is that storage area closed in? MS. KLINE: Yes. It has a door, and 7 it's separate, a separate room. 8 MR. ALTLAND: Is this drawn to 9 scale, the storage building, the accessory 10 building? 11 12 13 14 MS. KLINE: As close as I could get it. I scaled it out with the house measurements. MR. SHATTO: Maybe we should mark this as an exhibit. Why don't we mark the 15 drawing with the dimensions of the structures as 16 Applicant's Exhibit 4. 17 18 19 (Applicant's Exhibit 4, Drawing, marked for Identification.) MR. GARRICK: Well, schools of dance 20 are one thing that's listed. 21 CHAIRMAN REISMAN: You're bound to 22 get that girl dancing. 23 24 (Discussion held off the record.) CHAIRMAN REISMAN: Did you figure 25 out the scale, yet? .W1f1~~- -~ ~'" - -~" . k~__ "~"_ ~ ~~,,~-- 'iNb . . 1 2 3 4 MR. ALTLAND: don't know. -,~~I'll!.I!l!ii4liII~~_jfu,~-<"""-"""ill~"";"_''''''':~;ti''=*''''''''''''~''< . 23 It's horrendous. I It looks like I inch equals 12 feet. That's what it comes out to. equals 12 feet. Let me see if I can come up with 5 something here. 6 MR. HILBERT: Roughly 1 inch Excuse me. What are 7 you trying to figure out, the square footage? 8 MR. ALTLAND: 9 storage area and so forth. 10 11 MR. HILBERT: by 14 feet. Now, that does not include the 12 closets. 13 14 MR. ALTLAND: MR. HILBERT: Yeah, the area of the The storage is 6 feet The closet. The powder room is 15 I'm going to take a guess at 5 feet by about 8 16 feet. CHAIRMAN REISMAN: Um-hum. 17 18 MR. ALTLAND: 19 square feet there. 20 21 22 MR. GARRICK: MR. ALTLAND: Okay. So that's 124 It leaves you 644. Yep, 644 versus 186 CHAIRMAN REISMAN: 23 feet did you get in there? 24 25 MR. ALTLAND: How many square There's approximately 644 square feet of open floor space. It's going -- '~-""''''''''''''''''='''''''~''-~ ~~""~ "", ~ .~,J .,~ ~ ~~ _1----..- '""""~ ."..",', ~"",~......""d--=~'_"""-"""'~"'''-'-'_''"''''''''''5''''''',.'_~,'''' ,'''! ,,--, ~ . 24 1 to be a little less than that, because the figure 2 for the storage does not include that closet 3 the closets 4 MR. HILBERT: There are two closets 5 there. 6 MR. ALTLAND: in the storage 7 room. 8 CHAIRMAN REISMAN: Do you have any 9 idea how big that closet is, the storage area 10 is? 11 12 MR. HILBERT: The storage area, I did give you. The closets, I'm going to say 13 about 4 feet by 7 feet, 4 feet this way, 7 feet 14 15 16 out. Now, there are two closets in that space. MR. ALTLAND: Let's use 6 by 14 for storage. Let's use the 4 by 6. So that brings 17 us down to 620 square feet open floor area versus 18 186. 19 MR. GARRICK: Should we discuss this 20 amongst ourself? 21 22 23 CHAIRMAN REISMAN: Are there any other questions of these people? I really can't think of anything, to tell you the truth. We're 24 just going to have to have time to iron this 25 out. " ''"--"'~ .-, ~,--~__I~ -~-~ Ol:!;j;~"~j""""""~C~'-O>""-~",",'~F~~_''=",,,, - ~~ ~ . . 25 1 2 MR. ALTLAND: Susan Kline, of the things that are listed here you know, we've 3 been talking about teacher, tutor -- what do you 4 5 6 consider yourself? And don't say mystical healer. It's not in the book. MS. KLINE: It could be a new 7 category. 8 MR. ALTLAND: Yes. And that is 9 possible. Under Section U, it is possible for 10 this board to say, yeah, what you want to do 11 falls under the category of a home occupation. 12 They have the power to do that. 13 MS. KLINE: I guess the term that is 14 coming of age anymore, even with the medical 15 establishment, is it is being considered 16 17 complementary medicine. But it's not medicine. I don't prescribe. But that's a common term 18 that's being used. 19 CHAIRMAN REISMAN: Do you think you 20 could fall under the category of a teacher or a 21 tutor? 22 MS. KLINE: Definitely. I do teach. 23 Even when I do one-on-one sessions with people, 24 it is as a gosh, I could be tutoring them on a 25 one-on-one basis. ..-'d~",""",d,,,~...I4''''",,,,~~,,",-,,,~'-=--..,,,,,,,,,,,, ."- ~ ,~ 10 ~,~ - -,- -= - .~w'''''lilJ- *ki.~""""'''''''~'-,"",^'~'''''''''''''_''","",^ ",;,o,.""~"-,-"",",,,,-,,,,~,, .........~"~~ , c 26 1 CHAIRMAN REISMAN: Actually, what 2 you're doing is talking to them? 3 MS. KLINE: Yes. It's a 4 combination. I do a combination of there's 5 discussion and there's hands-on work. It really 6 is an individual thing depending on what client 7 I'm working with and what their needs are in the 8 moment. Sometimes people need to talk. 9 Sometimes they need to just be there. CHAIRMAN REISMAN: And sometimes 11 they don't talk. 12 MS. KLINE: You know, I'm not a 13 minister; but then it could even fall within, you 14 know, spiritual advisor, you know, is another 15 16 term that could be used. Yet I don't have a minister's license. I apologize for the 17 dilemma. 18 19 CHAIRMAN REISMAN: We have about 30 30 about 25 categories here. And we're 20 trying to fit you into one of them. 21 MR. ALTLAND: But have you 22 considered (u) to determine, yeah, this could be 23 a home occupation? 24 25 CHAIRMAN REISMAN: Yeah, this is I was figuring that. That's why I was looking at -;dWlI!il,&,"""","~'~ -~""~_i"", - .L.... -~~" ~ ' ~~ -..,~ .- ~ . ,. ~""-,.~,--",~",,,,"~,,-<~- ","'","~f.""".h.'1z.~.3""~H,,~, ,,',~' '.",,;,,_ . , .. 27 1 it. 2 3 MR. ALTLAND: brought that up earlier. That's why Denny And rather than trying 4 to shoehorn what she does into one of these 5 presented titles, it is somewhat teacher/tutor. And we determined that last month. 6 7 8 But whether it needs to be complementary medicine and I don't see if she says complementary medicine, 9 I would see no problem in even using that term 10 since she has suggested that it could fall in the 11 category of a home occupation based on Item U 12 there, (9) (u). 13 CHAIRMAN REISMAN: I agree with 14 you. 15 Do you have a problem with that, 16 Dennis? 17 MR. SHATTO: No. I think the board 18 has the discretion to establish its own 19 definition of a home occupation, which might 20 include even the number of people, students, 21 however you want to describe them, who could be 22 present at anyone time. 23 CHAIRMAN REISMAN: All right. We 24 had our say. 25 Dave, what are you going to say? -^,-,-"h.'-~J.><,~"-.....,"",_,,,,-",,,,",,,,{~~_-,"--~_"'~"' _'" """""",, .",,,,,,,,,,L ~~ ~. -.."'--~~~,""',,~""--' 'IJ.nw;l11\i!<,lilc_a_"""""'",-"",,",<dl4i:4.'h . .. 28 1 You're sitting there with bated breath. 2 MR. SHATTO: Before we get into 3 Dave, let me ask Susan one question here. 4 My notes say that you would have 5 you were proposing to have one to five classes 6 per week? 7 MS. KLINE: Um-hum. 8 MR. SHATTO: And that would be with 9 up to ten people. Is that correct? 10 MS. KLINE: Yes. 11 MR. SHATTO: You would not expect 12 more than five of those types of classes in a 13 week? 14 MS. KLINE: No. That's a maximum. 15 MR. SHATTO: Now, the one on one is 16 a different situation? 17 MS. KLINE: Right. 18 MR. SHATTO: That's all I have. 19 MR. MARTINEAU: I have just a few 20 questions for you. 21 What time of day are these classes 22 going to take place? 23 MS. KLINE: I would say evenings and 24 maybe early morning. I don't have any, you know, 25 students at the time that are interested in ~,.,-,h,_~""--j...~",-,,,""J.,~_iili.' - n<<, 10 11 ~,~ J.........." ."" -.......-blili' '-~e.i'..l<,a.~"-~,~",,,,,,,-,~~~,,,,,,,,, ~ 29 1 morning classes; but that's my proposal. That's 2 when most people are available for classes of 3 this type. 4 MR. MARTINEAU: Other than your 5 classes with that you're requesting the ten 6 people, could you describe what exactly is the 7 you described ear candling last one on one 8 time. What exactly is What else do you do? 9 this, the one on one? MS. KLINE: I do foot reflexology, which is the principle is similar to 12 acupuncture except you're using finger pressure 13 or thumb pressure and you're targeting pressure 14 15 points. So it's, I would say, a type of manipulation. It's like you're body is mapped 16 out on the bottoms of your feet so that you would 17 work through the spine, work through the 18 digestive system, the heart and lungs by working 19 these pressure points. 20 21 MR. MARTINEAU: Okay. CHAIRMAN REISMAN: I think this 22 gentleman over here understands what you're 23 saying. 24 25 MR. DAM: It's like a form of acupuncture, but they don't use a needle. But ""~"M~",~"~,<~,~".~'~l,,,~ t:Ji'-''' -- ~- ....." ~ ~~"'_l'llr~'- '_i~: ~kl'>Mj''''~~liM''''''''-"""O<ll-'__-.o:~""""",~""",,,,,''''''_''':i~":"-i~!!.~~: < * 30 1 she's using finger points to stimulate on the 2 surface of the leg, sole of the leg. I'm 3 familiar with that. 4 CHAIRMAN REISMAN: You see, you 5 found an ally tonight. 6 MR. DAM: It sounds like a 7 homeopathic approach of health. 8 CHAIRMAN REISMAN: Okay. Dave, 9 continue. 10 MR. MARTINEAU: The one-on-one 11 things that you're doing, is that throughout the 12 day or is that also evening? 13 MS. KLINE: Throughout the day and 14 some evenings, yes. 15 MR. MARTINEAU: So is this your 16 primary form of income? 17 18 MS. KLINE: Yes. MR. MARTINEAU: And doing the yoga, 19 how many square feet do you need for a person? 20 Like, roughly how much space do you need? 21 22 23 MS. KLINE: They have to be able to lay down. So what, that could be 2 by 6? CHAIRMAN REISMAN: Did you say they 24 have to lay down or sit down? 25 MS. KLINE: They need to be able to ~'1-~~~~_&-. Lh ' - ,'~'" "~''''''" ,. .L.l!iI .. .. .ill/""~'-""""",,,,~ow,,.-,,,,,,,,.,,,,,,,,,,,<,,,,,,,,:><__...,,.,, _,,,,~=,c--,,,,~'.,' .0'"_-''1".''''' 31 1 lay down comfortably at times. So I would say, 2 you know, what would you need, a 2-by-6 space per 3 person, you know, depending on the height of the 4 person. 5 MR. MARTINEAU: That's all of the 6 questions that I have. 7 I would like to point out that, you 8 know, you're trying to figure out what category 9 all this comes into. It appears that it is of 10 the nature of Subcategory S, at least outside the 11 yoga, the one-on-one client type of thing, the 12 foot reflexology and the ear candling. 13 And as you noted earlier, that is 14 specifically limited to licensed professionals. 15 And I think Mr. Altland had pointed out last 16 month that even people practicing massage had to 17 be licensed. It had to do with the nature of 18 the contact between the practitioner and the 19 client. 20 21 Here we have something very similar where no license is required. And I don't think 22 that you should use that catchall Subsection U as 23 kind of a way of skating around what seems to be 24 a requirement that this type of activity be 25 limited to licensed professions in a home _'.O'''''l_~-'';''''',;,j._~",,~_~"~ ,,". 1l:~'_O'''' ~ , ---.4-- ~~= ')"'~, ~- ~--, ~~...~.rni""',-"'''''' - 32 1 occupation. 2 CHAIRMAN REISMAN: But if she 3 doesn't need a license for her home occupation, 4 why should we punish her? I mean after all, she 5 doesn't make the laws for the State of 6 Pennsylvania. And the law doesn't include that 7 she has to have a license for what she does. 8 9 10 I mean I understand what you're saying, Dave. And I agree wholeheartedly with you. But if she needed a license, then, of 11 course, we would tell her to go get a license and 12 come back to us. But being she doesn't need a 13 license for what she does, I can't understand 14 your purpose here. 15 MR. MARTINEAU: I'm not suggesting 16 that she not be allowed to, you know, practice 17 this form of I know she doesn't want to term 18 it as medicine, but whatever you want to call 19 it. 20 21 CHAIRMAN REISMAN: Um-hum. MR. MARTINEAU: But it seems that 22 when the ordinance was laid out, it was 23 specifically considered that this sort of thing 24 should be limited to people with licenses. And 25 I think Mr. Altland did suggest, and I think ,-_,,-,;~""'L.&-'_~Hll;>1\.-~'~ ,~'" "" -, .""'" -~~~...w..~~!if&.%_""-..,.."m'"""","""-,,O-"'_''''''"';>J.K'''' 33 1 correctly, last month that that had to do with 2 the nature of the contact between the 3 practitioner and client and just having some way 4 of regulating, I guess, the type of people that 5 are doing this activity and some way of tracking 6 them. 7 8 9 You could have the nicest person in the world doing this. the applicant is not. I'm not suggesting that But you're also 10 establishing a precedent of what happens if the 11 next person that comes along is not the type of 12 individual that you might want doing something 13 like this out of their home. 14 15 CHAIRMAN REISMAN: You know, your thoughts are well taken. Believe me. I agree 16 with you wholeheartedly, but I'm looking at 17 18 these. Home cooking and preserving, you don't need a license to do that. Computer program, 19 word processing, you don't need a license. 20 Watch, small electronic, household repairs, you 21 don't need 90 percent of what's listed in 22 this 23 MR. MARTINEAU: I'm talking 24 specifically to things that are medical in 25 nature. And from what it sounds like "_..,,,,t,,,,,,--,,,,,,,h'''~~j~ ,- , '"~~ ,,-, ~~". ._....,~..J.-'"' ~ ~ ..~~""';_~,lliW-'i" 34 1 2 CHAIRMAN REISMAN: Okay. All right. MR. MARTINEAU: And from what it 3 sounds like, from what she's been saying, that 4 outside of at least the yoga, that is pretty much what this is. 5 6 Now, it's that same type of activity. And that's where the concern arises, 7 not so much that, you know, any home occupation 8 should have a license. That's certainly 9 obviously not the case. 10 11 12 CHAIRMAN REISMAN: Okay. All right. I understand I understand what you're saying. And you're absolutely right. I have to agree 13 with you, but 14 MR. MARTINEAU: Unless the board 15 wants to get into the practice of, you know, 16 doing a personal judgment on any applicant that 17 comes in, you know, looking to do this sort of 18 activity, unless the board is willing to do that, 19 you know, on a one-on-one basis, which could be 20 going down the road of being very arbitrary, that 21 kind of activity should be limited to licensed 22 professionals. 23 CHAIRMAN REISMAN: Okay. Anything 24 else? 25 MR. MARTINEAU: I'd also like to .. , ,,,..-'<=OM"',,k>-~~,-..,,,",,.,,,,~,,,-n~,j~ - ,- ~,,~ .', - \ [ - ~~"","",",,=--.-.....,-~ ......._-~~~~"'""";*~~,."'"1!<i2._~.1iNi:,"i'I:l'0;,;:.!d 35 1 point out that just going back to the 25 2 percent thing, there still has been no 3 application for a variance on that issue. Even 4 if you were to allow 10 people, I think she was 5 talking about at least 12 square feet per person. 6 I guess you could theoretically pack that into 7 180-some square feet, most likely awfully 8 cramped. 9 I'm just suggesting that it would be 10 improper to grant a variance on those grounds 11 since there has been no application for it and no 12 publication of the application. I think that was 13 brought up last month as well, and there's been 14 no corrective actions taken. 15 MR. GARRICK: I don't have any 16 questions. 17 CHAIRMAN REISMAN: I didn't read the 18 published portion of the application as published 19 20 in the papers. I didn't read that one. MR. MARTINEAU: Unless there was 21 something that I didn't get, there's been no 22 application for relief from the 25 percent floor 23 space requirement. 24 25 CHAIRMAN REISMAN: If they use (B) (2) they used (B) (2). And they could have ",-.~,".,._,""-:n'''''~'''''''-''"''''''"'_illU.'"''"--';'''i'''--....k--...,,,,,-"''"'''''''''''.' ~ - '"" 1 ~'i_ ,,-~'..~. - _J""""""'~~""~~'''''""",,,~"~N.,-'i".ili;5\,,=~''Y-*,~~'''~.iK,",,'''~~'''''''''-;''''''';;-!;: , 36 included (B) (3), but they didn't. I can see what 2 you're saying, because I have what was written 3 4 5 here. I don't know what was published in the I didn't read it. paper. MR. ALTLAND: Mr. Chairman, may I 6 address that? 7 8 CHAIRMAN REISMAN: Yeah. MR. ALTLAND: The Friday after our 9 December zoning hearing board meeting, the one 10 that was continued, I sent out E-mails to various 11 people within the department explaining what had 12 13 14 15 to be done. And that was December 21, the weekend. Christmas came and went. And by the work, we had passed the time we got back to deadline to readvertise this. That's what 16 happened. 17 Now, the other ad was already it 18 was already prepared for the second hearing for 19 20 21 22 23 tonight. That was already prepared, and that had been already faxed in. It was all taken care of. And basically, that's exactly what happened. I'm not apologizing. That's just a fact. That's what happened. It was the Christmas holiday. 24 And people were on vacation for two, three days 25 afterwards and so forth. And that's what _",~",,'IO""~~~~\t__"""---- > ^' 10 ~ . . ~--J;!~~..tl_~~-"'","';"""^~""'3;'~'\"'"_{"":'::!~t, , 37 1 happened. It just didn't get advertised. We 2 were past the deadline. 3 The newspaper, again, requires you 4 to have things in within a certain period of ti~e 5 6 7 before and before you want it advertised. And we didn't make the deadline. I believe the deadline is let's see, it has been 10 a.m. Thursday 8 morning, something like that, to get it in for 9 the following month. MR. MARTINEAU: Has there at least 11 been an application by the applicant for relief 12 from 220-122(B)(3). 13 14 MR. ALTLAND: The application has not been revised. There was no corrected 15 application submitted. 16 CHAIRMAN REISMAN: First of all, she 17 wouldn't know that unless somebody told her. 18 MR. ALTLAND: That was discussed at 19 the hearing in December. 20 21 CHAIRMAN REISMAN: That was discussed. And if we look it up in the 22 transcript here, we probably have it here that it 23 24 25 was discussed. You can't blame that on the applicant. You have to blame that on the people here, because they didn't inform her. And that _"";,=,~,"'-,"b""~.~,,,,-_~-- '~"W'<~_' - ",,~ ~ =^~<, -. .......- -'" \""""""'....~~,"""I. ~<:-_b"""~""-J,"'-""--t,"'^"''''''~"''''''''''''''''''''''''-''~'''''''''''''i-a.~-lmilt''-~,'''~''"''':-;0j0' , . 38 1 was unfortunate; but anyway, I personally will 2 not let that stand in our way of a decision, 3 because the ordinance gives us the right to sort 4 of amend things. 5 So if there are any further 6 questions 7 8 MR. GARRICK: None here. CHAIRMAN REISMAN: Okay. Dave, any 9 more? 10 11 further. 12 MR. MARTINEAU: I have nothing CHAIRMAN REISMAN: Being no further 13 questions from the board, is there anyone in the 14 room who wishes to speak in opposition of this 15 application? 16 (No response.) 17 CHAIRMAN REISMAN: Let the record 18 show there is none. 19 Is there anyone in the room who 20 wishes to speak in favor of this application? 21 22 MR. HILBERT: Absolutely. CHAIRMAN REISMAN: Would you like to 23 say something? 24 MR. HILBERT: She's put a lot of 25 time and effort into getting things ready. '.",i,,-,~"'''';;'~~~''k''= ~,i"""",-~-,,,~-~ '- 1 L" - .~~ ......- -" .~-""" -l.""-"'l Jl='S::~"''''''"'''~",%J.-~,~~_llW2"''~.'"'"'(^'<'_'''fr'''' ',~ .". >..( ,~ -., 39 CHAIRMAN REISMAN: Okay, sir. 2 Anyone else? 3 4 (No response.) CHAIRMAN REISMAN: Let the record 5 show there is none. 6 7 8 That will conclude the public portion of this hearing. And the board will inform you of its decision. And thank you for 9 coming, and thank you for your patience. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. KLINE: Thank you. ~ii~"'r_, .o_~~~"""""'"~~~""'~"~' '"","",,",-,~ ~ I~ - ~,-~._L--_~ , c_ ~__o ~).;-_ilthtli~;"i:I&-B\:'.ar,WoV:, . .. ~ ^"- .". .... 85 1 2 3 4 DECISION DOCKET 2000-16 MR. GARRICK: Mr. Chairman, I would 5 like to make a motion on 2000-16 to grant the 6 applicant a special exception under 220-122 (B) (2) 7 for a home occupation for her proposed use, which 8 is deemed to be a home occupation by the board 9 under 122 (B) (9) (u) with a limitation of ten 10 persons for yoga and meditation classes and a 11 maximum of five classes per week. Under this 12 approval, a variance for the number of students 13 is unnecessary and denied. 14 15 That's my motion, chief. MR. ALTLAND: Now, what was that 16 last sentence? 17 18 MR. GARRICK: MR. SHATTO: Under this approval Because of the nature 19 of the approval that they're establishing a home 20 occupation which meets her criteria of a maximum 21 of ten people and five classes per week, they're 22 not calling it a student/tutor. 23 MR. ALTLAND: Okay. So there's no 24 four limit to be dealt with? 25 MR. SHATTO: Right. ;~~"lfilI!ffi,~~"+,,,I~'" -~,.~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .. ~' :? "~. . - ._._""",""'L"........ ~ c~'~'''~,~'''~"''"',.,,''&L-''"'o-'''~~_'-,;''',',,''-"', ..."''''~d',.'"~! 86 1 2 3 new category. 4 5 motion. ~ .. , CHAIRMAN REISMAN: MR. SHATTO: Okay. Agreed. You're creating a whole I'll second the All those in favor say aye. Aye. Opposed? CHAIRMAN REISMAN: MR. GARRICK: Aye. So carried. CHAIRMAN REISMAN: (No response.) CHAIRMAN REISMAN: h .'~~_~,_~ . ~ ~ ' ~ _ - , - ~- "''''''''''~''l:9J''c ~ , IN THE MATTER OF BEFORE THE LOWER ALLEN TOWNSHIP THE APPLICATION OF ZONING HEARING BOARD SUSAN KLINE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2000-16 DECISION GRANTING SPECIAL EXCEPTION Am> DENYING VARIANCE The Applicant requests a special exception for a home occupation, and a variance to allow her to teach more than four students at one time. Hearings were held before the Board on December 21, 2000, and January 18, 2001. FINDINGS OF FACT 1. Notice of the hearing was properly advertised, the subject property was posted, and all property owners required to be notified of the hearing were notified in accordance with the Codified Ordinances. 2. The Applicant is Susan Kline, who resides at 206 Locust Street, Camp Hill (Lower Allen Township, Cumberland County), Pennsylvania 17011. 3. The Applicant is a tenant in the subject property, which is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania. 4. The subject property is a residential lot in an R-1 district, improved with a dwelling and detached accessory - 1 - 't.;,~,W;lbdillj ~ L ~A ~ " . .~ io!-"'"i~-_~.A::,,"''''h-:;;.'Y1' , , structure, and is known as and numbered 206 Locust Street, Camp Hill, Pennsylvania. 5. The Applicant resides in the dwelling, and desires to use the detached accessory structure to perfonn foot reflexology, energy therapy and ear candling, and to teach yoga and meditation. 6. The Applicant will have no employees. 7. Only one person at a time will receive foot reflexology, energy therapy or ear candling. 8. Applicant proposes a maximum of five classes of yoga or meditation per week, with a maximum of 10 students in each class. 9. The Township of Lower Allen was represented at the hearings by David H. Martineau, Esquire. 10. Mark Hilbert and Elizabeth Hilbert supported the application. 11. No one else appeared at the hearings to testify either in support of or in opposition to the requested relief. CONCLUSIONS OF LAW 1. This Board has jurisdiction over an application for a special exception under Sections 220-223(B) (6) and 220-223(D) of the Codified ordinances. 2. This Board has jurisdiction over an application for a variance under Sections 220-223 (B) (5) and 220-223(C) of the Codified Ordinances. - 2 - ";!~,,.."-,,,~l _ ~~ ~ 0 l. ". -" - ~~- =, o'~~ '" "-"'-'>~~~"''' 3. Under Section 220-12(E), a home occupation in accordance with Section 220-122 is a permitted use within the R-1 District. 4. Since Applicant's proposed home occupation will have clients or patrons at the site and will generate additional traffic, it may only be permitted by special exception. Codified Ordinances, Section 220-122(B) (2). 5. While the Applicant's proposed home occupation is not specifically listed under Section 220-122 (B) (9), it has similarities to some of the listed home occupations, and in view of the limitation to five yoga or meditation classes per week, with a maximum of 10 students per class, is deemed a home occupation under Section 220-122(B) (9) (u) of the Codified Ordinances. 6. The Applicant has met the conditions and criteria for a special exception, and the proposed use is not detrimental to the health, safety or welfare of the neighborhood. 7. Because the limitation to 10 persons per yoga or meditation class is a part or component of the use deemed by the Board to be a home occupation, the Applicant does not need a variance from Section 220-122(B) (9) (f). 8. Applicant's request for a variance is also denied on the basis that she has not satisfied the criteria set forth in Section 220-223(C) (1), (2), (3) and (5) of the Codified Ordinances. DECISION In view of the foregoing findings of fact and conclusions of law, and in consideration of the testimony and evidence presented - 3 - 'M,."'+-' -'~ t_," _ "' "lit ~" :'- ,._~. ~ '., ~L". . " .. at the hearings, the Applicant's request for a special exception for delivery of foot reflexology, energy therapy and ear candling services and for yoga and meditation instruction with a limitation of five classes per week and 10 persons per class, be and is hereby approved. The Applicant shall maintain strict compliance with the testimony and evidence presented to the Board. This decision constitutes approval of only the use proposed by the Applicant and defined herein, and does not relieve the Applicant from compliance with all ordinances, requirements and regulations of the Township. Finally, for the reasons expressed in the foregoing conclusions of law, the Applicant's request for a variance be and is hereby denied. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD ~~ Date: 7- -I'i-~ ) - 4 - ,"O,lc;;;""~OO!i~J~_.." .J",,",,~, ~ ,,, " ~ ~ """-'ili~~,,,- , " . . AGENDA MEMORANDUM To: Board of Commissioners From: , John Eby }W- February 2v' 2001 Date: Subject: Item 11. c. on the 2-26-01 Regular Meeting Agenda ZHB Docket 2000-16, the application of Susan Kline, 206 Locust Street, was discussed at your March 12, 2001 Regular Meeting. I indicated that, in spite of participation by the Solicitor to express concerns about off-street parking, the ZHB approved this home occupation application. Because we did not have the written decision at that time, I indicated that staff would review it and make a recommendation at your 2-26-01 meeting. Should you wish to authorize the Solicitor to appeal this decision, that action should occur tonight. This will enable the Solicitor to meet the filing deadline of March 13, 2001. APPLICANT REQUEST: She wanted permission to conduct several personal health services for which the practitioner needs no professional license. These sessions would be one-on-one, with a gap of at least 15 minutes between appointments. She also wanted pennission to teach yoga and meditation to classes of up to 10 persons, with up to 5 classes per week. Both uses would be conducted inside an accessory building in the back yard. ZHB DECISION: They used a "catch-all" subsection in the home occupation regulations to determine that the teaching use was similar to other listed uses, and therefore pennissible. Consequently, a variance from the limit of 4 students for teachers and tutors, listed at another subsection, was not deemed necessary. IMP ACT OF DECISION: Ms. Kline can apply for building, zoning and occupancy permission based upon up to 10 students and up to 5 classes per week. Parking could become a significant problem during classes because parking is prohibited on Locust Street, the applicant produced no written parking agreement with any nearby property owner, and her driveway cannot accommodate more than 4 cars (2 if adhering to minimum parking stall length standards.) STAFF RECOMMENDATION: Authorize the Solicitor to appeal this decision to the Cumberland County Court of Common Pleas. The ZHB should have concluded that the proposed teaching use' was similar to the subsection that limits class size to 4 students. If the decision stands, the ZHB has overlooked a specific regulation in favor of a less restrictive and mote general regulation. Phone: (717) 975-7575 . 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