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HomeMy WebLinkAbout04-07861N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas M. Poole Vs Zoning Hearing Board of Upper Alien Township, Cumberland County, Pennsylvania 2. 3. 4. 5. 10. 11. I, Thomas M. Poole, am plaintiff for the above matter. I live at 59 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. I own the property at 11 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. The propen'y at 11 Gettysburg Pike is zoned Office/Professional. I applied for a dimensional variance to build an accessary structure on the property located at 11 Gettysburg Pike on June 17, 2003. I told the board, at this tune, that I did not know what type of structure that I would be building but that it would meet all of the building code requirements of the township. On August 25, 2003, I received the Zoning Hearing Boards decision granting me the variance. They also placed conditions on the construction of the structure. (Attached) On November 18, 2003, I sent a letter to Upper Allen Township and Mr. Dusan Bratic questioning the conditions placed on the structure. (Attached) On December 19,2003, I received a letter from Mr. Dusan Bratic saying that I needed to speak to Mr. Max Amaechi from Upper Allen Township to readdress this issue. (Attached) I spoke to Mr. Max Amaechi and was told that I was past the appeal period and that nothing could be done. I would like to file a Nunc Pro Tunc since 1 was never notified of an appeal period to have this decision reviewed. I would now like to construct a metal sided building with a metal roof very similar to many other buildings that the Township has approved and have been constructed on the same road. I respectfully disagree with the boards conditions to this dimensional variance for the following reasons: The Zoning Heating Board is addressing building issues while I filed for a dimensional variance due to hardships created to setback lines when the State widened the road at the Route 15 interchange. I do not feel that these conditions are reasonable or safeguards as required in the zoning ordinance (Section 245-126B). Respectfully submitted, Thomas M Poole UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 1 O0 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 August 25, 2003 Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 Re: Variance #03-4 Dear Mr. Poole: Enclosed is the Zoning Hearing Board's decision on your above-referenced request. Should you have any questions regarding this decision, please feel free to comact me at the Township office. Sincerely, Max Amaechi Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. P3ZONING~Z[ IB\CORRES\034.deeislon.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us IN RE: APPLICATION OF THOMAS M. POOLE A Vadance BEFORE THE ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4 DFCISION On June 17, 2003, Thomas M. Poole, hereinafter referred to as "Applicant", applied for a variance from the provisions of the Code of the Township of Upper Alien, hereinafter called the "Code", Chapter 245, ZoJ:~3g, under Section 126, for a Variance, from the Table of Dimensional Requirements. The purpose of the application is to obtain a variance to construct an accessory structure to the rear of the main structure on the property located at 11 Gettysburg Pike, which would encroach the setback yard requirements under the Zoning Ordinance. The property is located in an Office Professional zoning district. After publication of the required notices, a public hearing was held on July 10, 2003, at which time the Applicant and interested parties were allowed full opportunity to testify, present evidence and question witnesses. Thomas M. Poole, Scott Steffan and Sharon Puckett testified. The relevant provisions of Chapter 245 and other applicable ordinances and codes of Upper Allen Township are incorporated herein by reference. FINDINGS OF FACT 1. The Applicant has signed a purchase agreement for the property located at 11 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 2. The property is a single family dwelling located in an Office Professional zone of Upper Allen Township. 3. The Applicant requests a vadance under section 245-126 of the Township Code from the Table of Dimensional Requirements to construct a garage as an accessory structure to the rear of the house. The garage would encroach the setback. 4. The Applicant testified that in order to comply with Section 245.26 the accessory structure must be built to the rear of the main structure. 5. The Applicant testified that putting the garage behind the house will cause the garage to encroach the rear setback yard. 6. The Applicant testified that the dwelling that is presently situated on the property has an 8 foot setback from Gettysburg Pike. 7. The dwelling is on .36 acres and has an adjacent lot of .21 acres. The Applicant testified that less than 25% of the lot is covered by building. 8. The Applicant testified that the rear of the property is bordered by a limited access highway (U.S. Route 15) with a steep bank and the property has no access to that road. As the property has no access to that road the Applicant believes the boundary abutting Route 15 should be considered a rear yard and not a front yard for setback purposes. 9. Scott Steffan of 10 Gettysburg Pike lives across the street from the property. He testified that he did not find the proposed uses objectionable if the building is used for storage of personal vehicles and not for commercial uses. 10. Sharon Puckett of 14 Gettysburg Pike testified that she would rather the property had a softer look. DISCUSSION Section 126 of Chapter 245 provides the Zoning Hearing Board shall hear requests for variances and may grant a vadance provided certain specific findings are made that are relevant to the case, including in the findings that there are peculiar circumstances attributable to the property and that unnecessary hardship is due to such circumstances, that the unnecessary hardship has not been created by the Applicant and that the property cannot be used within stdct conformity to the Ordinance. The present request is not a use variance but rather for a dimensional variance. The burden of proof on an Applicant in a dimensional variance is generally not as great as in use variances. See HertTherg v. 7oning Board of Adjustments of Piffshurgh, 721 A.2d 43 (Pa. 1998). The Board has determined that the Applicant has met the cdteria for a vadance in that they did not construct the property so they did not create the hardship due to the location of the house the garage needing to be to the rear of the house. The proposed vadance will 'not alter the essential character of the neighborhood. CONCLUSIONS OF LAW WHEREFORE, the Applicants are granted a vadance to build a 24' by 80' garage/storage building that encroaches 10 feet from the rear setback line, as depicted in the submitted drawing, which is part of the application and incorporated herein, subject to the following conditions: 1. That the garage doors not be facing Gettysburg Pike; 2. Access will be through the existing residential curb cut at 11 Gettysburg Pike; 3. That the building be used as an accessory use to the residence for personal storage and not for commercial uses; 4. That the building have residential type exterior to blend in with the residential uses in the neighborhood; 5. That th, e building have a shingled roof; 6. Subject to the fulfillment all procedural requirements of the Board and any other ordinances or Codes of Upper Allen Township, and applicable Local, State and Federal laws, statutes, ordinances, codes and regulations. Dean n ( ~S/, e~_ ~____.~rbert Thieme . Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 November 18, 2003 Mr. Dusan Bratic 101 Office Center, Suite A 101 SouthU.S. Route 15 Dillsburg, PA 17019 Re: Variance #03-4 Dear Mr. Bratic On June 17, 2003, I applied for a zoning variance due to dimensional hardships at 11 Gettysburg Pike, Mechanicsburg. 1 was granted that variance but it was subject to a group of conditions that address building issues while I was seeking a zoning variance. I would appreciate it if you would reconsider these conditions since you are asking me to meet residential requirements while the lot is in an Office/Professional zone and you don't even require these conditions of buildings in a residential zone. I have the following comments to your Conclusions of Law which I do not feel are reasonable or safeguards as required in your zoning ordinance (Section 245-126B): I. The location of the garage doors is irrelevant since access to the building will be through the existing driveway as stated in #2. 4. The building having a residential type exterior could be a wide range of materials. 5, There is no reasonable explanation for this since the closest residence which is right across the street has a metal roof and your own Township building codes restricts the use of shingles on certain roof pitches. Should you have any questions regarding this matter, please contact me at 717-441-9720. Sincerely, Thomas M. Poole cc: Mr. Stephen J. Dzuranin Wix, Wenger & Weidner Upper Allen Township DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 BRATIC ~ PORTKO Attorneys at Law 101 OFFICE CENTER, SUITE A ! 01 SOUTH U.S. ROUTE 15 DILLSBURG, PENNSYLVANIA 17019 (717) 432-9706 (717) 432-2538 FAX (717)432-9220 December 19, 2003 RE: Upper Allen Zoning Variance 03-4 Dear Mr. Poole: I received a call from Max Amaechi, who informed me that you did not receive my response to your letter of November 18, 2003. I dictated that response on November 20, 2003, and I am not sure why you did not receive it. I am enclosing a duplicate copy. DB/rsr CC: Max Amaechi DUSAN BRATIC, ESQ. STEPHEN K. PORTKO. ESQ. Fhomas M. Poole 59 White Oak Boulevard Mecbanicsburg, PA 17050 BRATIC ,~o PORTKO Attorneys at Law 10I OFFrCE CENTER, SUITE A I01 $OUTII U.S. ROUTE 15 DILLSI~URO. PENNSYLVANIA 17019 FAX November 20, 2003 (717) 432-9700 (717) 432-2538 (717) 432-9220 RE: Upper :\lien Zoning Variance {13-4 Dear Mr. Poole: received vour letter of November 1 S, 201)3. I am sending a copy to the Zoning Officer. These were items Ibat x,,cre discussed and just based on my recollection there seemed to be no strong objection on vour ;~art to the conditions. I am unable to make any kind waixcr on those. I believe that if you want to readdress it you will need to speak to Mr. .\maechi and then lblloxv the appropriate procedure in this regard. Please understand that I am onb.' a scrivener.' l write down xvhat the Zoning Hearing Board decides. Very truly yours, Dusan Bratic DB/rsr CC': Max Amaechi THOMAS POOLE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP No. 0q' 7~'~ Civil TERM 100 GETTYSBURG PIKE MECHANICSBURG PA 17055-5698 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND) TO: ZONING HEARING BOARD OF UPPER ALLEN TWP.: We, being willing for certain reasons, to have certified a certain action between THOMAS POOLE pending before you, do command 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 Common 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 23RD day of FEBRUARY, 2004. CURTIS R. LONG Date o! Delivery · ms 1 2 and 3. A~so comptete · Comptete ~te . ' ire is desired. item4 if Restncted_~Dea~d'r~ss on the reverse · print your name a,,~ so that we can return the card to you... h this card to the back ~,f~the maflP~ece' · Aorttao~ the ~mnt if space perm~t~ Agent 4. Restricted DeliverY? (Extra Fee) [~3 yes ~ 860 0000 1074 0744 102595-00-M-0952 STATES POSTAL · Sender: Please add UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 March 12, 2004 Office of the Clerk Cumberland County Court of Common Pleas I Courthouse Square Carlisle, PA 17013 Hand Delivered Thomas Poole Vs. Zoning Hearing Board of Upper Allen Township No. 04-786 CIVIL TERM Dear Sir/Madam: Defendant(s), Zoning Hearing Board of Upper Allen Township hereby files the attached Exhibits and/or documents in response to this Honorable Court's Writ of Certiorari dated February 23, 2004 in connection with the above-referenced matter. Kindly file one copy and date-stamp the other copy for the Defendants' record. Assistant Zoning Officer Upper Allen Township P:LZONINGLZHB\CORRES\Thomas Poole. Appeal. 1 .doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 THOMAS POOLE 59 WHITE OAK BOULEVARD MECHANtCSBURG, PA 17055 Vs. ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG PA 17055-5698 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-786 CiVIL TERM ANSWER TO WRIT OF CERTIORARI And Now, this 12th day of March, 2004, comes Max Amaechi, Assistant Zoning Officer of Upper Allen Township, 100 Gettysburg Pike, Mechanicsburg, Pennsylvania, 17055,and certifies that the documents and Exhibits listed in the attached Documents and Exhibit List consist of the entire record before the Upper Allen Township Zoning Hearing Board and that the documents attached thereafter are true copies of the doct~ents and/or exhibits presented as part of the record in the referenced case before The Zoning Hearing Board of Upper Allen Township. Upper Allen Township has retained a copy of the same. Respectively ~ubmitte~, ~ Assistant Zoning Offic~, Upper Allen Town.,hip P:\ZONING\ZHB\CORRES\THOMAS POOLE.APPEAL.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 THOMAS POOLE 59 WHITE OAK BOULEVARD MECHANICSBURG, PA 17055 Vs. ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG PA 17055-5698 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-786 CIVIL TERM Documents and Exhibit List: 1. Copy of completed Township of Upper Allen Zoning Hearing Board Application form dated June 17, 2003. 2. Copy of site plan (proposed building not shown) submitted along with application form. 3. Copy of site plan (showing proposed building) submitted along with application form. 4. Copies of Hearing Notice letters (dated June 20, 2003) to adjacent property owners & Proof of mailing said letters. 5. Copy of June 18, 2003 facsimile letter of Max Amaechi, Assistant Zoning Officer, to The Sentinel requesting advertisement of applicant's Variance request in addition to two (2) other applications or requests. 6. Copy of Proof of Publication from The Sentinel Newspaper dated July 9, 2003. 7. Two (2) copies of photographs as proof of posting of the property in question. 8. Letters & Hearing Notice Agenda mailed out to Township Zoning Hearing Board members (ZHB) and solicitor on June 20, 2003. ZttB members and ZHB solicitor respectively listed as follows: a. Herbert Thieme b. Dean Otto c. James Soule d. Dusan Bratic 9. Copy of zoning hearing date notification letter dated June 20, 2003, mailed out to Thomas M. Poole. 10. Copy ora purchase agreement signed by Thomas M. Poole for property at 11 Gettysburg Pike, Mechanicsburg, Pennsylvania. 11. Applicant's Exhibits 03-4A, B 03-4, C 03-4, & D 03-4 dated 7/10/03. Page 1 of 2 TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us 12. Copy of one-page case summm-y or narrative of application 03-4 dated July 10, 2003. 13. Copy of a one-page sheet of testifying witnesses and applicant(s) in regard to the Variance application of Thomas M. Poole. 14. Copy of the decision of the Zoning Heating Board dated 8/25/03, along with a copy of a transmittal letter dated 8/25/03 by Max Amaechi, Assistant Zoning Officer. 15. Copy of a November 18, 2003 one-page letter of Thomas M. Poole to Dusan Bratic. 16. Copy of a December 19, 2003 two-page facsimile transmission letter (including unsigned copy of Thomas M. Poole's November 18, 2003 letter) from Max Amaechi to Dusan Bratic. 17. Three-page facsimile letter dated December 19, 2003, from Dusan Bratic to Max Amaechi, including a November 20, 2003 and a December 19, 2003 letter from Dusan Bratic to Thomas M. Poole. 18. Copy of a February 27, 2004 eleven-page facsimile (excluding transmittal page) from Max Amaechi to Dusan Bratic, containing this Honorable Court's February 23, 2004 Writ of Certiorari & its attachments. 19. Copy of Writ of Certioraxi, with attachments, dated February 23, 2004. 20. Copy of original transcript of Upper Allen Township Zoning Hearing Board in Case No. 03-4, dated March 11, 2004. Page 2 of 2 THOMAS POOLE Vs. ZONING HEARING BOARD OF UPPER ALLEN TOW2NSHIP 100 GETTYSBURG PIKE MECHANICSBURG PA 17055-5698 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND) TO: ZONING HEARING BOARD OF UPPER ALLEN Tv~rp.: We, being willing for certain reasons, to have certified a certain action between THOMAS POOLE pending before you, do command 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 Common 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 23RD day of FEBRUARY, 2004. CURTIS IL LONG Pr0~°n°t ~ar~ 'r-,L~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Thomas M. Poole Vs Zoning Hearing Board of Upper AII~ Township, Cumberland County, Pennsylvania 1. I, Thomas M. Poole, am plaintifffor the above matter. 2. I live at 59 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. 3. I own the property at 11 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 4. The property at 11 Gettysburg Pike is zoned Office/Professional. 5. I applied for a dimensional variance to build an accessary structure on the property located at 11 Gettysburg Pike on June 17, 2003. I told the board, at this time, that I did not know what type of structure that I would be building but that it would meet all of the building code requirements of the township. 6. On August 25, 2003, I received the Zoning Hearing Boards decision granting me the variance. They also placed conditions on the construction of the structure. (Attached) 7. On N°vember 18, 2003, I sent a letter to Upper Allen Township and Mr. Dusan Bratic questioning the conditions placed on the structure. (Attached) 8. On December 19,2003, I received a letter from Mr. Dusan Bratic saying that i needed to speak to Mr. Max Amaechi fi.om Upper Allen Township to readdress this issue. (Attached) 9. I spoke to Mr. Max Amaechl and was told that I was past the appeal period and that nothing could be done. 10. I would like to file a Nunc Pro Tunc since I was never notified of an appeal period to have this decision reviewed. 11. I would now like to construct a metal sided building with a metal roof very similar to many other buildings that the Township has approved and have been constructed on the same road. I respectfully disagree with the boards conditions to this dimensional variance for the following reasons: Zoning Heanng Board is addresmng building issues while I filed for a dimensional vanence due to hardships created to setback lines when the State widened the road at the Route 15 interchange. I do not feel that these conditions are reasonable or safeguards ~s required in the zoning ordinance (Section 245-126B). Respectfully submitted, Thomas M Poole UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA ! 7055-5698 August 25, 2003 Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 Re: Variance #034 Dear Mr. Poole: Enclosed is the Zoning Heating Board's decision on your above-referenced request. Should you have any questions regarding this decision, please feel free to contact me at the Township office. Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. P:AZONING~'fl IB~ORRF3A03-4.decisio~.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.rm.us IN RE: APPLICATION OF THOMAS M. POOLE A Vadance BEFORE THE ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 034 On June 17, 2003, Thomas M. Poole, hereinafter referred to as "Applicant", applied for a vadance from the provisions of the Code of the Township of Upper Allen, hereinafter called the "Code", Chapter 245, Zoo, under Section 126, for a Variance, from the Table of Dimensional Requirements. The purpose of the application is to obtain a vadance to construct an accessory structure to the rear of the main structure on the property located at 11 Gettysburg Pike, which would encroach the setback yard requirements under the Zoning Ordinance. The property is located in an Office Professional zoning district. After publication of the required notices, a public headng was held on July 10, 2003, at which time the Applicant and interested parties were allowed full opportunity to testify, present evidence and question witnesses. Thomas M. Poole, Scott Steffan and Sharon Puckett testified. The relevant provisions of Chapter 245 and other applicable ordinances and codes of Upper Allen Township are incorporated herein by reference. FINDINGS OF FACT 1. The Applicant has signed a purchase agreement for the property located at 11 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 2. The property is a single family dwelling located in an Office Professional zone of Upper Allen Township. 3. The Applicant requests a variance under section 245-126 of the Township Code from the Table of Dimensional Requirements to construct a garage as an accessory structure to the rear of the house. The garage would encroach the setback. 4. The Applicant testified that in order to comply with Section 245.26 the accessory structure must be built to the rear of the main structure. 5. The Applicant testified that puffing the garage behind the house will cause the garage to encroach the rear setback yard. 6. The Applicant testified that the dwelling that is presently situated on the property has an 8 foot setback from Gettysburg Pike. 7. The dwelling is on .36 acres and has an adjacent lot of .21 acres. The Applicant testified that less than 25% of the lot is covered by building. 8. The Applicant testified that the rear of the property is bordered by a limited access highway (U.S. Route 15) with a steep bank and the property has no access to that road. As the property has no access to that road the Applicant believes the boundary abutting Route 15 should be considered a rear yard and not a front yard for setback purposes. 9. Scott Steffan of 10 Gettysburg Pike lives across the street from the property. He testified that he did not find the proposed uses objectionable if the building is used for storage of personal vehicles and not for commercial uses. 10. Sharon Puckett of 14 Gettysburg Pike testified that she would rather the property had a softer look. DISCUSSION Section 126 of Chapter 245 prevides the Zoning Headng Board shall hear requests for variances and may grant a vadance provided certain specific findings are made that are relevant to the case, including in the findings that there are peculiar circumstances attributable to the property and that unnecessary hardship is due to such circumstances, that the unnecessary hardship has not been created by the Applicant and that the preperty cannot be used within stdct conformity to the Ordinance. The present request is not a use vadance but rather for a dimensional variance. The burden of preof on an Applicant in a dimensional variance is generally not as great as in use varianceS. See J~er'lThem_ v. Znnin_o B~rd Adiustm~.nt.~ of Piff.~humh. 721 A.2d 43 (Pa. 1998). The Board has determined that the Applicant has met the criteria for a variance in that they did not construct the property so they did not create the hardship due to the location of the house the garage needing to be to the rear of the house. The proposed variance will 'not alter the essential character of the neighborhood. CONCLUSIONS OF LAW WHEREFORE, the Applicants are granted a variance to build a 24' by 80' garage/storage building that encreaches 10 feet from the rear setback line, as depicted in the submitted drawing, which is part of the application and incorporated herein, subject to the following conditions: 1. That the garage doors not be facing Gettysburg Pike; 2. Access will be through the existing residential curb cut at 11 Gettysburg Pike; 3. That the building be used as an accessory use to the residence for personal storage and not for commereial uses; 4. That the building have residential type exterior to blend in with the residential 3 uses in the neighborhood; · 5: ' That the building have a shingled roof; 6. Subject to the fulfillment all procedural requirements of the Board and any other ordinances or Codes of Upper Allen ToWnship, and applicable Local, State and Federal laws, statutes, ordinances, codes, and regulations. 4 Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 November 18, 2003 Mr. Dusan Bmtic 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Re: Variance #03-4 Dear Mr. Bratic On June 17, 2003, I applied for a zoning variance due to dimensional hardships at 11 Gettysburg Pike, Mechaniesburg. I was granted that variance but it was subject to a group of conditions that address building issues while I was seeking a zoning variance. I would appreciate it if you would reconsider these conditions since you are asking me to meet residential requirements while the lot is in an Office/Professional zone and you don't even require these conditions of buildings in a residential zone. I have the following comments to your Conclusions of Law which I do not feel are reasonable or safeguards as required in your zoning ordinance'(Scction 245-126B): 1. The location of the garage doors is irrelevant since access to the building will be through the existing driveway as stated in #2. 4. The building having a residential type exterior could be a wide range of materials. 5. There is no reasonable explanation for this since the closest residence which is right across the street has a metal roof and your own Township building codes restricts the use of shingles on certain roof pitches. Should you have any questions regarding this matter, please contact me at 717-441-9720. Sincerely, Thomas M. Poole cc: Mr. Stephen J. Dzuranin Wix, Wenger & Weidner Upper Allen Township DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 BRATIC ~ PORTKO /lttorneys at Law 101 OFt*lcl~ C~rER, SurrE A 101 Sotrr~ U.S. ROOTE 15 DII~.SBURG, PENNSYLVANIA 17019 FAX December 19, 2003 (717) 432-9706 (717) 432-2538 (717) 432-9220 RE: Upper Allen Zoning Variance 03-4 Dear Mr. Poole: DB/rsr CC: Max Amaechi I received a call from Max Amaechi, who informed me that you did not receive my response to your letter of November 18, 2003. I dictated that response on November 20, 2003, and I am not sure why you did not receive it. I am enclosing a duplicate copy. DUSAN BRATIC. ESQ. STEPHEN K. PORTKO. ESQ. Thomas M. Poole 59 White Oak Botdevard Mechanicsburg, PA 17050 BRATIC ~D PORTKO Attorlteys tlt Ltiw ] 0] OFFICE CENTER, SUITE A 101 SOUTii U.S. ROUTE 15 DII_LSBURG. PENNSYLVANIA 170l 9 FAX November 20. 2003 (717) 432-9706 (717) 432~2538 (717) 432-9220 RE: Upper .-\lien Zoning Variance 03-4 Cal MI. Poole: [ received your letter of November I _Otb. I am sending a copy to the Zoning Oi-'ficer. These were items th:it were discussed and just based on my recollection there seemed to be no strong ob ection on yOur :~:lrt to tile conditions. ! am unable to make any kind ora waiver tm those. [ believe that il'you ~vant to readdress it you xvill need to speak to Mr. Amacchi and fl~en Ibllow tile appropriate procedure m this re~ard. Please understm~d lhat I m'n only a scrivener.' l write down xvbat the Zoninu Hearing Board t ecitles. ' - DB/rsr CC: Max Amaechi Very taffy yours, ./ Dusan gratJc To rNS OF UPPER ALLEN ZONENG !i-E_ G BOARD .&PPLiCATION Submit six (6) copies Of applioalion and al! supporthlg ~o¢llme~t~, Th~ ori~nat must be notarized. Armoh the following: Surv~ of propert3, in question showing relevant information. [] Cop5, of action being appealed~ if [] Statement of ar_mamem or justification for request. [] ?ubhc notice property own~#s lira form. ~ot appli~ble zo Appeals from Zon~ A~ion). Ixrmp of ~operdcs wi~bi~ 300 feet of perimemr of property in question. ~'~nis should be the Tm.x Map ~oper~ i&-m~Scafon map obtain~:] from the Cumberland Coun'q~ Com't House mad used in prepm-ation of public notice property, owner's list. (lqo~ applicable to Appe~is from Zoning Offmffs Action). Applicaxion t%e $400.00 krmke check or money order payabie to the Township of Upp= Allen. Ali ~ppii~ntg 1VIq[JST compile fi/is Sezfio~ ~ i~ eafir~': PI~ Name Applic~t's ]q~ ,~o ~,-s ~- ~oo & Phone Zip code / Lot No. (ff Appficanz L~' not ~wner, evzden~c ~.o a~r on zi~e owner's bena~f Z,~' requtre4) ~ ' Proposed Co~ucfio~ if any: ~ m~ ~ Imdieate type of appii~fiom below: 909.1 (a) o?&c Pennsylvuni~ M~micipaiifies Planning Code: [] 1. Substantive challenge to the vatidi~y of mu), land use ordinance exc~ those ~h~ governing bo~... [] 2. Chullenges ~ ~e'v~ of a'l~d mc or~nuncc ~smg ~oced~ que~om... 3..~s ~om d~e~na~on of Zoning O~c~r 5. A~c~o~ for v~c~s ~om ~ ~s of ~ Zo~g Cod~ or of ~ood pl~ ~ovisio~ 6. App~oa~o~ for ~ a~o~d by sp~cig ~xc~on [] 7. _Appeals from .dct~rrnln~fions related ~o ~mnefer of developmem rig~zs or performunce densiuy proVrSions. ~ 8. Appeals from 1he Zoning Officees determination under Section 916.2, Procedure 'to Obmm pre~vninuvy Opinion [] 9. ]qonoonforrnmz uses and slzuotures - author'?re{on of ex'p~n~{o% enlargcm~n% all.ration extension Citation of action or ore3~nau2e requirements wh~ch the applica~on or appeal involves. Be specific armohing copy of acXion being appealed, if any, mud ~vmg Code r~rence~. ttEA_RENG RECORDS I rex~u~ est a copy of the stenographic record of the h~g ~ a~ee to pay ~e $3.00 ~r p~e ~ ~evi~d foz m t~ c~ fee sched~e ofU~ Mt~ 7o~p. SWORN STA TEM-ENT OF Tlt UTFI This section must be completed Icy all applicants. This form can ~ notar~zelt at the Upper _Mle~ Township Communitw. Developmen~ office during regular office hours.. Monday through 8:00 am'to 4:30 pm~ at: Deparrraent o. f CommuniO, Development Townsh(~ of ~per Allen 200 Gert?sburg ?ike A4~hani~burg, .Pa J 7055 Applicanl, beit~E duly sworn, says'he/ake is: the ov.~T of'the property in questior~ the authormed ag~nl for the owner of record of the prop~xy for which th~ a.~pnoauon m malta. The ovzae~s mgned and nomrizad authorization Xo his/her agent to act on owners behal~ is re~quirod Xo be submitt~cl. ~ an officer or agency of ~ muhioipalir.¥ .... m m5 LmowLd=, Ali informanon ptovxaed on and with thia appliea~ion is ITUe and correm So the bes'~ : , ,. o,~ or belief. In6~vidual 3~ppliean$: Uvver Alle~'~ Tw_evmhi~ 27-223 }t~arm~ Av~lica-t/o~ P.~rmership Applicant: Corporate ~ame of Co~por~tio~ AFFIDAVIT OF VEI rfflCATION SS: before me, the un~rsigned person or p~som, lmo~m to me or satisfactorily prov~ to be: ~' individual whose is subscribed to the within insmanent; the [] a partner of , a p.e~y~va~i~ Gen~rsl/l .imited Partnership; or [] the of crrrporafion, and aelmowledg_ed tha~: h~/she as such [] ~is~ as co~orad.on ~ ~ms~n~rself e~:~ed ~ forego~g ~m~t for ~ pu~oses ~er=m ~ si?ing the ~me of the I h~e~to set ~ ~ud md offici~ s=~. No~ ~ub~ k '" ~OTARIAL S~t I SHARON L SHIPMAN, HOTA~ PUBLIC I UPPER ALLE~ ~, CUMBER~N~ CO. ~ Y COMMISSIO~ ~PIRES AP~IL 30, ~AT ZHB FORM 001 (~) )ECI~ION Al~iic. ation £or: VA_RINACI~ RPECIAL EXCEr'/.ION __ I~'i'i!~KPI~ETA~ION (c~k one) ~ OF (~ONING Or!flC~.) (BOA~.D O1~ COM2~I!~$IO~) Owner oflSroperW requesting ?.he var/ance/spesal ax~ption ~ address i~ diff~It than above: You h~¥e the right ~o be represented by legal counsel, ~ygu p~ o~ b~ r~rcs~led by co~el · ddres~ ~d ph~ n~= ofyo~ a~o~. a)/~ ~9) varmn% &Spc~iai ~-.xceptio~ Please Iis~ the name~ and addresses of ali properties ~ three h, mdred (300) iee~ of the pr0p~, that the Special ~--~ccp~ion or yammce is b~ applied for. (Use additiot~l paper ~rmccssm3, und at-mci m this z%rm) · ~ p~os~ ofhol~ a pubhc he~g pu~u~ m ~ prov~on~ ofth~ P~a M,,-i~p~ies P~---~-g Code (~ 247 of 19~, am~ded), ~ co.der a (n) (s~ imm (1). ~ ~e ~ foRo~g pro~si~s of~ Upp~ ~en 7o~p Cod~ed ~d~-.~s as p~ to t~ a~h~aon: ~/our s~re/s) below C~, that ~ abov~ ~a ~ ~y ~, p~, photo.phs or other ~o~non subdued wi~ a~d ~ a p~ of~ a~h~ion ~e ~e and /_/ Upper Ali~n Township ZonlnS I-Iearmg Board Applirafion 514101 .2) Atmzh all drawing, plm~ and/or illustrafiom which wilth~lp ~pl~iu your request. Twe. lv~ (I~Z) oopies of any dom~ra~t over ~.$"x ! are r~quircd. Only omo (i) prim of each ~Exhibk photograph i~ ne~ssL~y. Au ma~-~zial ~ubm~t~d with this appl~abon or anter~.d a~ xhibits during the hemrimg b~om~ 'th~ propm'O, ofIOpp~z A~ Township and are lmpt with th~ app'ficatior~ L3) A~ application subsequ~ly withdmvm after the pla~mm~t of public noti~ ~ha11 be subject to r~mh~r~em~t at ~0% of the t4) V.41~AI~ICE APPLICATIONS: The Zo-~-E I-I~iug Board may gnmt a v~=e, ~o~d~d ~ ~I of ~ fo~o~ ~s ~= ~e ~e ~ ~ a ~v~ ~e: ~:: S=~on 9)0.2 of ~c P~ M~p~fes P~Z Code, ~d Se~on 245-126 f~ Uppes ~ To~.~p Co~cd ~ss~ ~bip ~ ~e ~o ~ Co.om ~ not ~ ~s or ~fi~ gm~y ~t~ by~e Tna~ b ~e~ause of such physie, E circumstances or condifiom, there is no possfo/lity that the propert~ can be dev~.~loped strict cotffomait3, ~Ych the provisions of the zon~n~ ort/~nsn~e and *3a,xt the authorization of a variance is there/ore necessary, to enable the reasonable use of the prop~3,. C. That mob ~ec~ssary hardship h~ not hewn created by the appelhmt. That the variance, if m_eflao~,ed, ~ not ak= the ~s~fial char~er of ~e n~borhood or &~ ~ ~ ~ prop~' i~ lo~, nor subwaY.fly or p~ ~ ~e a~ropfiate use of d~m~t of ~j~ prop~, nor be d~ to ~ pubic wel~.. That the vmriance, if authorized. '~vill rgpres~nt the minim, m~ vananse tha'c veill afford rMiff and will r~resmt th~ 1=~ modification posaible of the re_mfmtion in issue. YOU MUST COl%~rfl, ICINGLY SHO'~, BOTtt L~,,T WRLTLNG AND TH1;LOUCrI-I TE_ST]ivIOA%~, HOW YOUR VAPIANCE KEQI3E-ST SPBCAL E~ICF. FTIO~q APPLICATIONS: The Zoning I-Iem-~g Board may grant a speefM excep~io~ pursuant to express mmudards criteria ]istext in th~ ~'pp. ~ Allen Tov~nship Zoulng. e Ordha.~n¢ (Chapter 245 of the Codfil~d Ord½nsnc~s}, and accordln~ lO ~aneral smudards found in Semf~n 245-1 27. - -A special ~xc~fio~ sh~ll nm be granted if the requested use xvould adversely affect the pubi~ h~al'/a, sa~eq], morals or general welfare of the r~sidems ofr, jpper Alien Townsh~. A. ~pe~ilt] ~xOgpl~Oll eh.ll not be'grained if the requested me would no~ b~ im harmony with the sp~t~ intern or purpos~ o~the Zoning Ordinance ~ud othgr Townakip ora~...ces. C The specific use mum f~ v~th~ th~ use ~pe inolud~ in the spic, a] ~xc~ don and meats any and ali spcciftc ~.udards for the m~ccml ~×c~ption specked m the 'fable ofIOs~ Ikegulafiom, round in the Zoning Ordinance. All procedural requlr~ae~ts mu~ be ~fim~ed by th~ applicant for the spc=ial] E. k. ~pemaI] cx~ption shall not be granmd if i~is found ~ the Zotfing Hearing Board thaz: The sp. eaial] exception ~ substamialJ5, inerense traffi~ congestion rathe ~xre~ts; ,or 2 The spccia~ e~:c~, dom will incr~asu th~ danger oflire or panic or otherwise endangm" th~ pubic safety: or The ~pccial ~x~-~fion will overcrowd and or cr~te an tmdu~ ~ono~cration of population or Th~ ~pcmal~ ~xc~-pfio~ ~vill mapair tm adequate suppiy ofhgh~ or airto a~ia~.,xat properts,; or The spe~al) exceptio~ will adversely aff~m ~.-anal~O,~.auon or mm'luiy ~,u-d~ or diarap~ the orderl5' ~pansion of wazer~ ~eveer, subooI, park or other public fa~lities: or 6. The speim~ c~ccPuon will adversely affem .the Compreheamive Plan of th:. towmhip or the subject zoning. dimxim a.~ desmibefl in the 'fable ofTJse l~_sulmiom~ or 7, Th~ spemal~ ~omp~ion w~ endanger the saf~y of persor~ or properq~ -y improper lo,axion of d~sign of Dpper Allen Toveuship Zon~n~ ~I~armg Board Application 5/4/01 L~T ~ FORM 00~ faciliti~ for ' _mgmas or _egress; or The special exception will adversely affe~-t the property vah~s am:i/or the Ozm-a:te ot the surc'oun~n£ n~ghborhood inc~n~y ~c~- ~,;on of whethez~ :or-nm ~he spcma~-~on ~ ncara ~ b~oundary having :: grater ~ l~r ~, of use) or The spec/al ex¢~:cion will oonflict w/th sot.md Stmd~rds of subdivision pr~"ti~ (wh,~e applir, able). The Upp~ A~n ~ow~hlp Zoring Hearing Board m~ts r~q~rb' om ~e 2nd Tn~sday of ~ mo~ b~g a 7:30 P~ ~i~g me. ~ph~o~ ~r ~d~on ~ ~ ~ m~ mum be ~d ~ w~ ~d ~o ~ (23 ~ys) ~r ~ ~ mh~' ~ ~,.ar~ (300) f~ of ~e mbj~ pm~,, ~d to po~ ~ ~j~ pr~ ~ a ~ notice prior ~ ~e date of ~ ~g. 17) The Zoning Heating Board may bom more *hs~ one'li~h'ing on an application, or ma), mrrrlrnae a ~g ov~ s~ ~m ~r the e~g ~ collude, ~ ~,ing ~¢~g Bo~d ~s fo~-~e (45) ~s ~ ~ to r~d~ ~'s demion n ~. ~ fl~b~o~ a~ ~sions w~ he ~e ~ ~bhe m sch~fiuled h~ ~ ~ ~. ~y m=s. ~ ~o~d ~ ~¢ ~s ~Mon i~al3r a~o~ ~ ~niuio: of ~ h~. Ho~ve, no ~on is demi ~e ~ ~ ~ sm ~ ~ ~ ~ted ~ si~d ~ ~ ap~ Zo~ ~ Bo~ ~. D~sinm of ~e Zomg ~g Bo~d ~y be a~ w ~ Co~ of Co~n Pi~ f Cumb~ Co~ by ~ a~t or ~ ~ed p~es ~ ~ (3 O) days of ~ ~m d~om. $400.00 + all costs incurred by the Township above the 5400,00. $400.00 + all costa incurred by the mwmlfip above the 5400.00 $I50.00 (No charge of Cominu~ by ZHB) $ 3.O0 per p~ge ~ ~5' cum incurred by the town~ip. $450,0 + all cost incurrexl by the township above the $450.00 $400.00 -- all mst incurred by the township abov~ the ~400.00 Upper Alt,n Towrmhip Zoning }-Zearing Board Appiioafion $/4/01 \ \ \ \ +84.5 UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHAN1CSBURG, PA 17055-5698 Friday, June 20, 2003 PENNSYLVANIA, COMMONWEALTH OF KEYSTONE BUILDING (PENN DOT) 400 NORTH STREET HARRISBURG, PA 17120 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on properB, located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN Max Amaeehi Assistant Zoning Officer C:kProgram Files\GeoD¢¢isions\Township SuperkPublic Notifiealionkzoneehg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG. PA 17055-5698 Friday, June 20, 2003 CHURCH OF THE BRETHREN 301 GALE STREET MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen . 10 day of July, 2003, beginning at 7:30 p. m. at the Zoning Board on Thursday, the th township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requiremems of the zoning ordinance (Chapter 245, Table of Dimensional Requ'trements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZONING HEARING BOARD Assistant Zoning Officer CSPmga'am Files\GeoDecisions\Towaship Super~Public Notification~zoncehg.doc TELEPHONE: (717) 766-0756 · FAX: (7171 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 KALBACH, ASSOCIATES LP PO BOX 517 CAMP HIL, PA 17011-0517 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of Juty, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZON ~I?0 I-[EARING BOARD Assistant Zoning Officer C:~Program Files\GeoDecisions\Township Super~Public Nofification~oncehg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT ] 00 GETTYSBURG PIKE MECHANICSBURG. PA 17055-5698 Friday, June 20, 2003 STEFFAN, SCOTT J & CYNTHIA C 10 GETTYSBURG PIKE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements &the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZOI'gIN9 HItARINO BOARD Assistant Zoning Officer C:\Pro~am Files\G¢oDecisions\Township Supcr~Public Notification~zonech.-,do~ TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 MESSIAH HOMES INCORPORATED 100 MT ALLEN DRIVE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property' located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN zoNIN9 BOA Assistant Zoning Officer C:~-o~am Files\G¢oDe¢isions\Township SuperLPublic Notifiealion~zonechg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG. PA 17055-5698 Friday, June 20, 2003 BEAR.. RICHARD A & JOYCE L 11 GETTYSBURG PIKE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ec~hi~, G BOARD Assistant Zoning Officer C:~Program Files\O¢oDecisions\Township Super~Public Notification~zonechg. doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 HOLDER, GEORGE HUGH 1705 FAIRMONT DRIVE MECHANICSBURG, PA 17055 TOWNSHiP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONiNG HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the 10t~ day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike. Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZONING HISARING BOARD Max Amaectli Assistant Zoning Officer C:~rogram Files\GeoDecisions\Township Super~Public Notification~zonechg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG. PA 17055-5698 Friday', June 20, 2003 SHANKLE, DEBRA A 12 GETTYSBURG PIKE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP (~F UPPER ALLEN Assistant Zoning Officer C:kProgram Fi}es\GeoDecisions\Township Super\Public Notifieation~zonechg doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 PUCKETT, JEFFREY B & SHARON A 14 GETTYSBURG PIKE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Meehanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requimmems of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZONING HEA~RING BOARD Assistant Zoning Officer C:\Program Files\GeoDe¢isions\Township Super~Public Notification~zonechg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Fdday, June 20, 2003 FREEMAN, FLOYD E & SHARON P 33 WEST GREENHOUSE ROAD DILLSBURG, PA 17019 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a heating will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, begirming at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZONING HEAI~TNG BOARD Max AmaecY-fi t~ Assistant Zoning Officer C:\Program Files\GeoDecisions~Township Super~Public Notification~zonechg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 GARBACIK, RICHARD J 221 NORTH 17TM STREET CAMP HIL, PA 17011-3911 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZO~IN9 HE~G BOARD Assistant Zoning Officer C:\Program Files\GeoDecisions\Township Super\Public Notificationkzonechg.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 MORRISON, AARON K & JENNIFER E RR 2, BOX 905 LANDISBURG, PA 17040 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a heating will be held by the Township of Upper Allen Zoning Board on Thursday, the 10th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ,z, ONe4O BOAPd) Assistant Zoning Officer C:~rh'ogram Files\GeoD¢¢isions\Township Super\Public Notificalion~zonechg. doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 Friday, June 20, 2003 MAYNARD, BEVERLY M 19 GETTYSBURG PIKE MECHANICSBURG, PA 17055 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held by the Township of Upper Allen Zoning Board on Thursday, the 10th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN ZONING HEA~GNG BOARD Max Ar~a~chir Assistant Zoning Officer C:~Progran Files\GeoDecisions\Township Super~Public Notification~zonechg. doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT I00 GETTYSBURG PIKE MECHANiCSBURG, PA 17055-5698 Friday, June 20, 2003 THIMOTY HOGG P. O. BOX 624 NEW CUMBERLAND, PA 17070 TOWNSHIP OF UPPER ALLEN PENNSYLVANIA NOTICE OF ZONING HEARING Notice is hereby given that a hearing will be held bythe Township of Upper Allen Zoning Board on Thursday, the l0th day of July, 2003, beginning at 7:30 p. m. at the township municipal building, 100 Gettysburg Pike, Mechanicsburg, PA on the Variance request by Thomas M. Poole to grant relief from the setback requirements of the zoning ordinance (Chapter 245, Table of Dimensional Requirements) in order to erect a garage on property located at 11 Gettysburg Pike in an Office Professional zone, when and where all persons interested may appear and be heard. TOWNSHIP OF UPPER ALLEN G~G BOARD Assistant Zoning Officer C:kPmgmm File~\GeoDe~isions\Tow o3 hip Su~ublic Nofification~nechg doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp. upper-allen.pa, us =0 Postage D' Certified Fee ru R'~tum Receipt Fee (Endorsement flequ[red) r~ 1::3 Res~Icted Delivery Fee r--I (Endomement Required) Total Postage & Fees C3 IT' r--i Postmark Hare ~ A irlailirg receipt ' ' ~ A ~,~ique i¢ er tifie~' ,~or your mailpiece .'~ & signa:ur~ upon delivery ~ A record o~ de~ivew ke~:t by the Postal Se~ice for two years ~))pomant Reminders: ' ~ Car:iliad M~il may ONU' be c~mbi!~ with Flint-Class Mail or Priority Mail. ~ Car:iliad Mzil is no[ a~a~laDle fo~ any class of international mail. ~ NO INSURA~CE COVERAGE IS PROVIDED with Ce~ified Mail. For valtJa~es, glease consicer insured or Registe~d Mail. a For an ~ddit[ona~ fee, a Return ~eipt may be r~uested to p~vide p~of of deliveO To ob:ain Returr~ R~eipt s~i~, please complete and affach a Return Receipt ~PS Form 3811) to the a~ic[e and add applicable postage to cover the fee Endorse mai[piece "Return Receipt RequestS". To r~eive a fee waiver for a duplicate re~urn receiFt, a USPS ~ostmark on your Ce~ifi~ Mail r~eipt is ~ For an additional fee, deliveW may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Deliver". a if a pos;mark on the Ce~ified Mail receipt is desire, please present the cie at the post office for postmarking. If a postmark on the Ce~ifi~ Mail ~ceipt is not needed, d~tach and affix label with postage and mail. IMPORTANT: Save this r~ceipt and present it when making an inquiry. PS Form 3800, January 2001 {Reverse) 102595-M-01-2425 · A mailing receipt ia A unique identifier, for your mailpiece ia A signature upop delivery ia A record of delivew ~ept by the Postal Ser3'ice for two years ,Imp°rtant Reminders: ia Certified Mail may ONLY be ~om. bineq with First-Class Mait or Priority Mail. ia Certified Mail is not available for any class of international mail· ia NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider insured or Registered Mail :~ For an additional fee, a Return Receipt may be requested to provide proof of deiivew. To obtain Return Receipt service, ptease complete and attach a Return Receipt (PS Form 3811) to the article and add appJicab[e postage to cover the fee. Endorse mailpiece "Retum~Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS'p~stmark on your Certified MaU receipt is required. ia For an additional fee, delivery maY,be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restncted Delivery". ~1 if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Form 3800, January 2001 (Reverse) 102595-M-01-2425 ¢13 Postage 13-- L J3 Certified Fee FU Return Receipt Fee ~ (Endorsement Required) I--1 r--1 Restricted Delivery Fee r"'l (Endomement Required} Total Postage & Fees r-1 13-- Postmark D~Here =~ Complete items 1,2, and 3. Also complete · item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · ' Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 3811, August 2001 A. Signature X [] Agent [] Address B. Received by (Printeo Name) C. Date of DelivE D. Is delivery address different from item 17 [] Yes address below: [] No 3. Service Type ~/~.T. LT~;- b. il r-] Express Mail [] Return Receipt for Merchandi~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [-I Yes 7001 1940 0004 2598 7333, Domestic Return Receipt 2ACPRI-O3-P~ , -" ' , ~'-'- ............... '.'A · Sender. Please pnn~, addmss,~qcfZIP*4-~ UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 'Hew pu~ eSe~sod I~ Pe!~!~e3 aq~ uo ~ewmod e ~1 'Su!~ew~sod ~o¢ aamco ~sod eq~ ~ els -!Me eq~ ~uesa~d eS~eld 'pe~!~ap ',~aA/Ia~ pa~2H~se~. ~ue~as~opue aq~ ~ aoa!dt!ew aq~ :~Jew ~o ~]elO eq~ es!Apr '~ueSe pezpoq~ne s, eessa~ppe ~o aesse:ppe aq~ 'paJ!n~ ;o¢ ~eAieM eec e eA.e~J eq~ JeAO30~ ebelsod ajqeo~ldde ppe pue elo!pe aq~ o~ (~ LBS ~oj Sd) ~d~eoeM uJnleM e qoe~e pue e~eld~o3 aSeeld ~ep!Mes ~die~M uJn~e~ uie~qo o& '~eA~lep ~o j~Jd ep!AoJd 'J!e~ peJe~s!beM Jo peJnsul Jep!suoo eS~eld 'safqenleA Jo~ '~]e~ pe!j~a :s~apul~a~ lu~Jod~l s~ee~ Return Receipt Fee --I' (Endorsement Required) r-I Restricted Delivery Fee r'-I (Endorsement Required) r-~ Total Postage & Fees r~ r~ I. -/5 Sent To ............. ~.~L~.~......~~...~. ...................... Street, Apt. No,; ~,.~ J o, po,o,,o. ~ ~!-I ~-~;;-~;-~-:77 ;.---f r-.f T----~3-----;;;i-;;~-i2-~i-,~/ ....... · Complete items 1,2, and 3. Also complete · item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. ar Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Fleceiveri by (P#n~ed Neme) C. D~e oFDeliv,,~ D. I$ deliYeq, address ditferent from item 17 []' Yes if YES, enter delivery address below: [] No 3. Service Type ~ Certified Mall [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Memhandis [] C,O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7 0 0 1 (Transfer from service label1 PS Form 3811, August 2001 1940 0004 2598 7072 Domestic Return Receipt 2ACPRI-03-P-4 II II | Postage & Fees Paid l USPS · Sender:. Please pnnt your name, address, and ZIP+4 in th~s box UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE IVIECHA. NICSBURG, PA 17055 (8S~aAaB) LOOZ &Jenuer '008£ mJO:l Sd · AJ!nbu! ue fiupletu UaqAA I! lUaSaJd pue id!aoa~ s!ql aAeS :INVIXOd~I 'l~e~ pue ebe~soc ql!~ leqel x!~e p~ qoelep 'pepeeu ~ou s! · ,,~84//e~ peTD~J;Sa~,, ~ue~esdopuD eqT ql!~ eoa~di~e~ eqi NJ~ Jo HJelo emi es~Apv 'luaBe pezpoq~ne s,eessedppe Jo~ JeA~e~, aaj e eA!e~J o1 ',,~lsenbeMjd/a2~ U2nCe~,, e~!di!e~ esJopu~ eM; ]eAOD O~ e~e;sod elqea!ldde ppe pue elo!~e eH~ o~ (L L99 ~]oj Sd) wnle~ e q3e~e pue e~eld~oo eS~eld 'aPres ~d!e~M u4n~eM ule~qo o1 '~eAilep ¢o ~o~d ep!A~d o~ pe~san~J eq Xe~ ~dle~M u]n~eM s 'eej leUO!l!ppe ue ~o~ ~ '1~ Pe~aTs!6eM ~o peJnsuI ~ep~suoo eSeeld 'selq~nl~A ~o~ 'l~e~ pe~eO q~W~ O~OIAOMd SI ~9VMBAO0 ~ON~RSNI ON I 'l!e~ l~uo!~euJe~uj ¢o SSel~ ~ue JgJ ~lqel~eAe ~ou s~ lie~ peulMeO · :s~epul~e~ ~u~od~t ~J~e~ o~1 ~o~ e3!~eS L~lSod e~l ~q ~de~'~e~lep ~o pJo~eJ V ffi eo~dJi~'~Jno~ JoJ ~e ] ~uep enb un V B Certified Fee I'M Return Receipt Fee F~estdcted Delivery Fee (Endomement Required) CI~, State, ZIP+ 4 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. -III Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -~ - Addre,~ C. Date of/Deliv , address different from item 17 if YES, enter delive?y address below: [] No Service Type [] Certified Mail [] Registered [] insured Mail [] Express Mail [] Return Receipt for Merchandi [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7001 1940 0004 2598 Domestic Return Receipt 7089 2ACPRI-03-P- UNITED STATES POSTAL SERVICE'¥'~"'~x'II II ~l ! Pestatle~'F~'Paid~l · Sender.' Please pnnt go~ .tl~e, addr~qs, UPPER ALLEN TOW#$HI~ 100 GETTYSBURG pIKE MECHkNICSBURG, PA 17055 i,,,llh,,lll,,,,hh,hi,,h h:Jh,hh,h, f Postage L.rl ; Certified Fee nj Return Receipt Fee ~ (Endorsement Required) Restricted Delivery Fee r-1 (Endorsement Required} 1:3 Total Postage & Fees Here II Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse · so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the~front if space permits. 1. Article Addressed to: [] Agent [] Address( B. C. Date of Delive D. Is delivery address different from item 17 [] Yes if Y~ivery address below: [] No 3. ~,r~ype , ~ ~ ~'~:l..~aJl ~ [] Express Mai, [] '~rca~ ,': [9 Return Receipt for Merchandi.~ [] Insure~ail [9 C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7001 1940 0004 Domestic Return Receipt 2598 7096 2ACPRI-03-P-~ · $ondor:. Pl~a~ pnnt ¥°Ur'namo, addr~s, and ZIP 4 m th~s box UPPER ALLEN TOWNSHIP 100 GETI'YSBURG PIKE M,,EC~U~NICSBURG, PA 17055 (aSmA8IJ) LOOZ /~enue(' '008~ m~o:J Sc~ --1' 'Endor;iment R(quired, ~ ..... I f. .' Restli:te~' DEliw ~ Fe6 Ii ~ . ~ ~ City, S~te, ZIP~ 4 ~ , Postage Certified Fee (Endorsement Required) Restricted Delive~ Fee (Endorsement Required) r~ Postmark Here Sent To ~,o,A, ~.___Ui¢.O~ ...ti ld~ ...................... ........ ~.-~:--~ .......................... . Complete items 1,2, end 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse 3o that we can return the card to you. ~.ttach this card to the back of the mailpiece, )r on the front if space permits. ~,rticle Addressed to: 17o$ [] Agent [] Addressee Date of Delivery ~addressdifferentfrom item 17 [] Yes . enter delivery address below: [] No r Mail ~,rticle Number Transfer from service label) Form 3811, August 2001 7001 1940 000q 2598 711~9 D Ye~ Domestic Return Receipt 2ACPRI-03-P-4081 UPPER ALLEN TOWNSHII"' 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 Certified Mail Provides:, ,. al A mailing receipt al A unique identifier for your.m?ll~iece , al A signature upon detiv, ery al A record of delivery kept,by t;qe Postai Servic'e,for two years Important Reminders: II Certified Mail may ONLY be combined~with First-Class Maii or Priority Mail. al Certified M~,il is not evadable'for ~ny c ass of international mail al NO INSURANCE COVERAGE IS PROVIDED with Certified Mail, For valuables, please consider Insured or Registered Mail. I~ For an additional fee a Return Receipt may be requested to provide proof of del very. To o~btain Return Receipt servjc'e, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse maiIpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS Fiostmark on your Certified Mail receipt is required. al For an additional fee, delivery may ,be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the madpiece with the endorsement "Restricted Del~very". al If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800. January al Complete items 1,2, and 3. Also complete · item 4 if Restricted Delivery is desired. al Print your name and address on the reverse so that we can return the card to you. al Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) PS Form 3811, August 2001 B. Received by ( Pn'nted lVame) Agent C. Date of Delive~ D. Is delivery address different from item 1 ? if YES ~No 3. Service Type g Certified Mail [] I~press [] Registered [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~t for Memhandtse 7001 1940 0004 2598 7126 0 Yes Domestic Return Receipt 2ACPRb03-P-40 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 GZ~Z'LO-~-969ZDL (eS3aAa~) ~OOZ ~Jenuep 'ooe£m~o~ Sd · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · r Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Ad~re~ssed to: 2. Article Number (Transfer from service label) PS Form 3811, August 2001 [] Agent [] Addres., B. Received by (Pdnteo',l)/eme) t j ~., Dii~e of Deliw D. Is delivery address different from item 17 [] Yes if YES, enter delivery address below: [] No 3. Service Type ~' Certified Mail [] Registered [] Insured Mail I'] Express Mail [] Return Receipt for Merchandi r'l C.O.D. 4. Restricted Delivery? (~a Fee) [] Yes 7001 1940 0004 Domestic Return Receipt 2598 5320 2ACPRI-03-P- UNITED STATES POSTAL SERVICE · Sender: Please print your name, address, and ZIP+4 in this box · UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 Certified Mail Provides:, , J A mailing receipt" ' ~ I. A unique identifier for,your m.a. ilPieq, e, I, A signature upon delivery · A record ¢ de,.e. k.p( Y the two years Important Remlndersr ,,, Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. J Certified Mail is not available for ar~y class of international mail. J NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider insured or Registered Mail. J For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Recent Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. J For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the real,piece with the endorsement "Restricted Deliveo?'. ~ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office Ior postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail IMPORTANT: Save this lreceipt and present it when making an inquiry. (asJaAa~) &OOZ ~enuec '00~£ mJoj Sd [] Complete items 1, 2, and 3. Also complete · item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. [] 'Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] AddressE D. Is delivePJ address different from item 17 [] Yes if YES, enter delivery acldress below: [] No 3. Service Type m Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Memhandis [] C.O,D. 4. Restricted DelivenJ? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7001 1940 0004 2598 Domestic Return Receipt 7379 2ACPRI-O3-P-4~ UPPER ALLEN TOWNSHIP 100 GETrYSBURG PIKE MECHANICSBURG, PA 17055 Certified Mail Provides: ' ,' la A mailing receipt m A unique identifier for ~/our mailpiece la A signature upon d.eliv~ery la A record of delivery kept by the Posta, I Sen/icg far two years Important Reminders: , =~ Certified Mail may ONLY be combined with First-Class Mail or Priority Mai[. la Certified Mail is not availabl'e f(~r any c~ass of internat[ona} mail la NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For va[uab!es, p~ease consider Insured or Registered Mail. la For an additional fee, a Return Receipt may be requested to provide proof of deliver~. To obtain Return Receipt service, please comptete and attach a Return Receipt (PS Form 381'1) to the aK[cie and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ~ For an additional fee, delivery r~ay be restricted to the addressee or addressee s authonze:l agent. Advise the clerk or mark the mai[piece with the endorsement "Restricted Delivery". la If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking, if a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry, =:la r"rl I'l.l r"'l r'-i · Sender:. Please pnnt yo.u~ame, address, and ZIP+4 in th!sbox..,.. . .. UPPER ALLEN TOWNSHIP 100 GEI'IYSBURG PIKE MECHANICSBURG. PA 17055 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name end address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 70l[- qll ~A gent ddresse D. Is delivery address different from item 17 [] Yes if YES, enter delivery address below: [] No 3. Service Type · Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandis{ [] C.O.D. 4. Restricted Delivery? {Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7001 1940 0004 2598 7386 Dome~c Return R~eipt 2ACPRI-03-P.4( IFirst-Class Mail Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA !7055 h EL 652 ~oe~ ~meB o~e~oo hO00 Oh6T TOOL sea [] (ee-~ az~ 4Xuen!leO pe~opmeB 9? 'a'o'o pueqo~eLq Jo~ ~dleoeEI u~n~el=l [] II~IN sseJdx=l [] l!elN pmnsul [] peJels!Sebl [] l.m~ Pe!~.~eo ~1 ed,~J, eo?ues 'B ON [] :~oleq sseJpp~ ~ueNleP Jelue 'S~A ~! sea [] 2, ~ meg moji lueJeffip sse~pps ~be^!leP si 'O eJn~u§!~, LO0~ lsn§nv ' ~ I.B~ u. uo:l Sd Jaq,,,nN elo!~v '~ :o~, pesseJppv elO!UV 'L · siiuJJed eoeds il luoJt eql uo Jo 'eoeidl!etu eql Jo )to~q eql ol pJ~o s!ql qoe~v · · no,{ ol pJ~o eql uJnleJ cmo eM leql os esJe^eJ eq~, uo sseJpp~ pue etueu Jno,{ lUpd · · peJ!sep s!/ue^!leO peloplseld J!. 17 tuel! e~eldLuoo oslv '~ pu~ '~* ~ SLUel! eleld[uoo · r~ ~ ~ ! '-'l'--~'--'"~' Postmark Return Rec~=ip, F~ e I /~""--~ .... . ~ ¢~est ricted De[ive~ ~ ( :ndome~en~ Required) Certified Mail Provides: · A maiting receipt IJ A unique identifier far your,FTi.a[IpieCe · A signature upon delj¥~ery , ,,. I~ A record of delive6,'kept by the Postal Service for two years important Reminders: · Certified Mail may ONLY be cor~bined with Firet-Ctass Mail or Priodt¥ Mail ,. Certified Mall is not avaiiabl~ for any class of intemationat mail Ill NO INSURANCE COVERAGE IS PROVIDED with Certified Mait. Fo valuables, please consider Insured or Registered Mail. · For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt servica,~please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover th( fee. Endorse mailpiece "Return Redeipt Requested". To receive a fee waiver fo a duplicate return receipt, a US*PS postmark on your Certified Mai[ receipt i~ required. m For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the roailpiece with th, endorsement "Restricted Deriver/'. · If a postmark on the Certified Mail receipt is desired, please present the ar~i cie at the post office for postmarking. If a postmark on the Certified h/ia receipt is not needed, detach and affix label with postage and mail IMPORTANT: Save this receipt and present it when making an inquiry. Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: address below: Sk[vice Type El Reg~~] Return Rece~ ~ Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Article Number (Transfer from service label) ; Form 3811, August 2001 7001 1940 0004 2598 Domestic Return Receipt 7355 2ACPRI-03-P-4081 UNn'ED STATES POSTAL SERVICE Postage & Fees Paid USPS ~ ~.~ ~ ~,~.o.~o · Sender: Please print your name, addr~ss, a~d ZIP+4 ir~ this box · UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 1705',5 Certified Mail Provides: . m A mailing receipt - , I A unique identifier fer'your rn'ailp I~ A signature upon delivery I~ A record of, delive&Y I~ept by the Postal Service for, two years Important Reminders: I Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ! Certified Mail is not availabl~ fp~ any class of international mail. I NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail m For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Rece pt serv ce, p ease complete and attach a Return Receipt (PS Form 3811 to th,e. arti&le and add app cab e postage to cover the fee. Endorse mailpiece "Return Recq/pt Requested". To receive a fee waiver for a duplicate return receipt, a USPS,pbstmark on your Certified Mail receipt is required. ~ For an additional fee, detivery ~e¥ be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the maJlpiece with the endorsement "Restricted Defivery*'. ~ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this r~:ceipt and present it when making an inquir~/. Postage $ · ~3 13' L~ Certified Fee nj Return Receipt Fee ~ (EnGorsement Required) 113 Restricted Delivery Fee I--1 (Endorsement Required) r~ Total postage & Fees UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT ] 00 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 June 18, 2003 The Sentinel Attention: Loft Saylor 457 E. North Street Carlisle, PA 17013 VIA FACSIMILE # (717) 243-3754 Re: Legal Hearing Notice Dear Ms. Saylor: Please advertise the accompanying July 10, 2003 Upper Allen Township Zoning Hearing Board agenda on the following dates: Monday, June 23, 2003 Tuesday, July 1, 2003 Please send proof of billing and publication to the Township office. Max Amaec! Assistant Codes/Zoning/Planning Official Upper Allen Township P :~ZONING~ZHB\CORRES\Transmittal Cover.ad. Sentinel.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 HEARING NOTICE The Upper Allen Township Zoning Hearing Board will hold a public hearing at the Township Municipal Building on Thursday, July 10, 2003 beginning at 7:30 pm. The applications are as follows: Thomas M. Poole of 59 White Oak Boulevard, Mechanicsburg, PA is requesting a Variance fi.om the Table of Dimensional Requirements of Chapter 245 (Zoning) of the Codified Ordinances of Upper Allen Township, in order to erect a garage in a portion of the required setback at 11 Gettysburg Pike, Mechanicsburg, PA. This property is located in the Office Professional (OP) zoning district. Miller and Norford, Inc., 700 Ayers Avenue, Lemoyne, PA is requesting a variance fi'om the maximum permitted height of fences prescribed by Section 24 of Chapter 245 (Zoning) of the Codified Ordinances of Upper Allen Township for property located at 127 Kim Acres Drive (PNC Bank) This property is located in the Office Professional (OP) zomg district. Edward & Marilyn Stathas of 1350 East Lisburn Road, Mechanicsburg, PA are appealing the Determination of the Zoning Officer and in the altemative, are requesting a Special Exception under Sections 27 and 127 of the Zoning Ordinance to permit a home occupation at their 1350 East Lisbum home. The property is located in the Agricultural-zoning district. Anyone with a disability who wishes to attend and is in need of special assistance should contact the Township office at 100 Gettysburg Pike, Mechanicsburg, PA or by telephone at 766-0756 at least 48 hours before the hearing. UPPER ALLEN TOWNSHIP ZONING HEARING BOARD Dean Otto, Chairman J:~ZON1NG~HB\CORRESXhearing.notice.01-03zhb.mtg..doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www.twp.upper-allen.pa.us hp officejet dl~$xi printer/fax/scanner/copier Fax-History Report for David Milletics 717-591-3778 Jun 18 2003 2:00pm Date Time T~vp_ e Jun 18 l:59pm Fax Sent Identification 2433754 Duration P_ag~ Result 0:48 2 OK PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and Stat. aforesaid, being duly sworn, depeses and says that THE SENTINEl., a fl~epal~r of general ~.ouinUen in the Borough ,of Carilala, County and State aforeeeid, was eolnbliahnd Deeember 1~t11, 1~1, oin~t which date THE SENTINEL has be~t rogulmdylmmed in =aid County, and that the iMnted notice or publlcolton attaef~l herete is exa~y the =mae as vms printed and published in ~ regular editinn~ and issues of THE SENTINEL on the following dates, viz Copy of Notice of PuMk=ation June 23 & July 1,2003 Affiant further deposes that he h n~t interested in the subject matter of the aforeeaid notice or advertisement, and that all allegations in the foregoing etal~nent aa to time, place and character of publlr, atloh are t~.o. July 9, 2003 Sworn to and eub~cflbed before me this 9th day of Juh/ ,2003. Notal7 Pubflo fay eommi~ion expires: UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETrYSBURG PIKE MECHANICSBURG, PA 17055-5698 June 20, 2003 Herbert Thieme 15 Manor Drive Mechanicsburg, PA 17055 Dear Herb: There are three (3) applications for the July 10, 2003 Zoning Heating Board meeting. The applications or requests are as set forth on the attached Hearing Notice agenda, which has been forwarded to The Sentinel for advertisement. The hearing will begin at 7:30 p. m. Enclosed for your review is a copy of the applications and other pertinent information, which has been submitted along with the applications. Should you have any questions regarding these applications, please contact me at the Township office. ! Sin~rely, [ Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. F:~COMMON'~ONIN~'~-~ORRES'~hb.memb~.do~ TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055-5698 June 20, 2003 Dean Otto 431 Diehl Road Mechanicsburg, PA 17055 There are three (3) applications for the July 10, 2003 Zoning Heating Board meeting. The applications or reque.~ts are as ~ forth on the attached Hearing Notice agenda, which has been forwarded to The Sentinel for advertisement. The hearing will begin at 7:30 p. m. Enclosed for your review is a copy of the applications and other pertinent information, which has been submitted along with the applications. Should you have any questions regarding these applications, please comet me at the Township office. Sin~ ely, ~, Assistant Zoning/Codes Enforcemem Officer Upper Allen Township Encl. TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 - www. twp.upper-allen.pa, us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETfYSBURG PIKE MECHANICSBURG, PA 17055-5698 June 20, 2003 James Soule 1040 Brookwood Drive Mechanicsburg, PA 17055 Dear Jim: There arc three (3) applications for the July 10, 2003 Zoning Hearing Board meeting. The applications or requests are as set forth on the attached Hearing Notice agenda, which has been forwarded to The Sentinel for advertisement. The hearing will begill at 7:30 p. m. Enclosed for your review is a copy of the applications and other pertinent information, which has been submitted along with the applications. Should you have any questions regarding these applications, please contact me at the Township office. Max Amaechi Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. F:~OMMON~ZON1NG~ZHB~ORRES'~hb.~ doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9533 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 Gt~TI'YSBURG PIKE MECHANICSBURG, PA 17055-5698 J~e20,2~3 I)nsan Bratic 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Dear Dusan: There are three (3) applications for the July I0, 2003 Zoning Hearing Board meeting. The applications are as set forth in the enclosed Hearing Notice agenda, which ha~ been forwarded to The Sentinel for legal advertisement These hearings will begin at 7:30 p.m., prevailing time. Enclosed for your review is a copy of the applications and other pertinent information, which has been submitted along with the applications. Should you have any questions regarding these applications, please feel flee to comact me ax the Township office. Max Amaeehi Assistant Zoning Officer Upper Allen Township Ends. TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETTYSBURG PIKE MECHAN1CSBURG, PA 17055-5698 HEARING NOTICE The Upper Allen Township Zoning Hearing Board will bold a public hearing at the Township Municipal Building on Thursday, July 10, 2003 beginning at 7:30 pm. The applications are as fo[lows: Thomas M. Poole of 59 White Oak Boulevard, Mechanicsburg, PA is requesting a Variance from lhe Table of Dimensional Requirements of Chapter 245 (Zoning) of the Codified Ordinances of Upper Allen Township, in order to erect a garage in a portion of the required setback at 11 Gettysburg Pike, Mechanicsburg, PA. This property is located in the Office Professional (OP) zoning district Miller and Nofford, Inc., 700 Ayers Avenue, Lemoyne, PA is requesting a variance fi'om the maximum permitted height of fences prescribed by Section 24 of Chapter 245 (Zoning) of the Codified Ordinances of Upper Allen Township for property located at 127 Klm Acres Drive (PNC Bank) This property is located in the Office Professional (OP) zoning district. Edward & Marilyn Stathas of 1350 East Lisbura Road, Mechanicsburg, PA are appealing the Determination of the Zoning Officer and in the alternative, are requesting a Special Exception under Sections 27 and 127 of the Zoning Ordinance to pea'mit a home occupation at their 1350 East Lisbum home. The property is located in the Agricultural-zoning district Anyone with a disability who wishes to attend and is in need of special assistance should contact the Township office at 100 Gettysburg Pike, Mechanicsburg, PA or by telephone at 766-0756 at least 48 hours before the hearing. UPPER ALLEN TOWNSHIP ZONING HEARING BOARD Dean Otto, Chairman J:~gONlNGXZHB\CORRES~h~ring.notice.01-03zhb.mtg..doc UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GEI'ITSBURG PIKE MECHANICSBURG, PA 17055-5698 June 20, 2003 Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 Re: Variance Request g03-4 Dear Mr. Poole: Please be advised that on Thursday, July 10, 2003, be~nning at 7:30 p. m., the Upper Allen Township Zoning Hearing Board will hold a public hearing to hear your above- referenced request relative to your desire to erect a garage at 11 Gettysburg Pike. The hearing is held at the Upper Allen Township Municipal Building, 100 Gettysburg Pike, Mechanicsburg. A copy of the July 10, 2003 hearing agenda is enclosed for your reference. Should you have any questions regarding this hearing, please feel free to contact me at the Township office. Assistant Zoning/Codes Enforcement Officer Upper Allen Township Enclosure: July 10, 2003 Zoning Hearing Board Agenda P:~ZON1NG~.iqB\CORRES~03-4npplicant. dec (A) The f01!0wi~ nre part of Ibis Agreement if checked: [] Sale ~& Settlement of Other Property Contingency Addendum (PAR Form SSP) [] Sale & Seltlumcnt of Olhcr Property Contingency with Right to Continue Marketing Addendum (PAR. Form SSP-CM) (B) [] Se~ement of Other Property Contingency Addendum (PAR Form SOP) [] Tenant-Oenupied Prolxa~y Addendum (PAR Form TOP) 588 590 Buye~ and Seller acknowledge recMving a copy of this Agteenmnt at the time of signing. NOTICE TO PARTIES: ~ SIGNED, THIS AGRI~'-~-MENT IS A Bi. DING .CONTRACT. Return by fma;imile transmission (FAX) of' this to coaanit an attorney bofore slgnlng ff they desire legal advice.. 661 502 603 604 6O5 605 6O7 *, - ~ ~uyer ISa8 reerdven a state~t of B~ s ~ ~ ~ M~ino ~ A~L . ~/ ~~~w~ ~ ~ ~ - - 612 ~ ~~ .e ~t M--y N~ (for ~five .. w~n B.k~ f. ~..~ de~t ~y)~. s~ ~' 6T3 WITNESS BUYER ss~. WITNESS DATE. BUYER .DATE. Seller hereby approves the above contract this (dpae) ~4 )b~] ,,. Seller hen received ti;re Conanmer. Notiee a~ adol~ed by Ibc Slate Reni F.a. tale Coamfisslon. at 49 pa.: C~ ~ · 635 6,t6 [] '~er him read and m]~ the n°4~ ami en~nnb)rY Jnf°rmal~°n set f°rth tn this AgteemenL 63? $1~LLER'S MAILING ADDRESS: 658 ss, '. 615 616 617 618 519 620 621 622 623 624 625 626 627 628 629 r Bmke~'atLiesnsess' Cordlicalion~ (check all that are applicable): ~Z R~wdin~ Le~d-Ba~ed Paint l'ln.a~ls l)iscio~ure: Required iLPropet~ waa built before 1978: ~i~Li~n~ in~lv~in 653 SELLER DATE, 649 639 640 641 642 643 644 ZONING ltEARING BOARD July 10, 2003 SUBJECT: Application: 03-4 Applicants: Thomas M. Poole 59 White Oak Boulevard Mechamcsburg, PA 17050 PARCEL#: 42-27-1888-168 LOCATION: 11 Gettysburg Pike OWNER(s): Richard & Joyce Bear CURRENT USE: Vacant Lot ZONING: REQUEST: Office Professional (OP) The applicant has requested a Variance under Section 126 of Chapter 245, Zomng, to grant relief from the Table of Dimensional Requirements (regarding minimum required ymd setbacks) in order to construct a garage in a portion of the required building setback area. The lot in question fronts on both Winding Hill Road and Gettysburg Pike and a porhon of the land was taken by the state government and reserved as a construction easement. Since the lot under consideration is vacant, the proposed garage cannot be viewed as an accessory building as provided for in Section 26 of the zoning code. Garages are commonly used as accessory buildings and are not permitted as primary uses in the Office Professional zoning district. In fact, due to the lot configuration, location of the proposed garage will be considered to be in the front, rather than to the rear of a main building, if a building were to be present. It should be noted that there are two separate lots at the 11 Gettysburg Pike address, one has a residential building on it and the other (wtfich is the subject of this request) is vacant, with less than the required minimum lot size in the OP zoning district. HEARING INFORMATION: APPLICATION DATE: ADVERTISEMENTS: ADJACENT PROPERTY OWNERS NOTIFIED: PROPERTY POSTED: 06/17/03 06/23/03 & 07/01/03 in The Sentinel 06/20/03 07/01/03 p:~ZONINGXZHB~MEMOS\03 4 .FC T. doc UPPER ALLEN TOWNSHIP ZON1NG HEARING BOARD PLEASE Panvr yo,,-, ,~---'-~~ ~'~ ~o ~ I ~ --~ =t~ ZipS--- City Nme 5. City State Zip State State ZAp UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETrYSBURG PIKE MECHANICSBURG, PA 17055-5698 August 25, 2003 Thomas M. Poole 59 White Oak Boulevard Meehardcsburg, PA 17050 Re: Variance g03-4 Dear Mr. Pool¢: Enclosed is the zomg Hearing Board's decision on your above-referenced request. Should you have any questions regarding this decision, please feel free to contact me at the Township office. Max Amaechi Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 - www. twp.upper-allen.pa.us IN RE: APPLICATION OF THOMAS M. POOLE AVadance BEFORE THE ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4 On June 17, 2003, Thomas M. Poole, hereinafter referred to as "Applicant", applied for a variance from the provisions of the Code of the Township of Upper Allen, hereinafter called the "Code", Chapter 245, Z. J3J~g, under Section 126, for a Variance, from the Table of Dimensional Requirements. The purpose of the application is to obtain a vadance to construct an accessory structure to the rear of the main structure on the property located at 11 Gettysburg Pike, which would encroach the setback yard requirements under the Zoning Ordinance. The property is located in an Office Professional zoning district. After publication of the required notices, a public hearing was held on July 10, 2003, at which time the Applicant and interested parties were allowed full opportunity to testify, present evidence and question witnesses. Thomas M. Poole, Scott Steffan and Sharon Puckett testified. The relevant provisions of Chapter 245 and other applicable ordinances and codes of Upper Allen Township am incorporated herein by reference. FINDINGS OF FACT 1. The Applicant has signed a purchase agreement for the property located at 11 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 2. The property is a single family dwelling located in an Office Professional zone of Upper Allen Township. 3. The Applicant requests a variance under section 245-126 of the Township Code from the Table of Dimensional Requirements to construct a garage as an accessory structure to the rear of the house. The garage would encroach the setback. 4. The Applicant testified that in order to comply with Section 245.26 the accessory structure must be built to the rear of the main structure, 5. The Applicant testified that putting the garage behind the house will cause the garage to encroach the rear setback yard. 6. The Applicant testified that the dwelling that is presently situated on the property has an 8 foot setback from Gettysburg Pike, 7. The dwelling is on ,36 acres and has an adjacent lot of .21 acres. The Applicant testified that less than 25% of the lot is covered by building, 8. The Applicant testified that the rear of the property is bordered by a limited access highway (U.S. Route 15) with a steep bank and the property has no access to that road. As the property has no access to that road the Applicant believes the boundary abutting Route 15 should be considered a rear yard and not a front yard for setback purposes. 9. Scott Steffan of 10 Gettysburg Pike lives across the street from the property, He testified that he did not find the proposed uses objectionable if the building is used for storage of personal vehicles and not for commercial uses. 10. Sharon Puckett of 14 Gettysburg Pike testified that she would rather the property had a softer look. DISCUSSION 2 Section 126 of Chapter 245 pmv'~les the Zoning Hearing Board shall hear requests for variances and may grant a variance provided certain specific findings are made that are relevant to the case, including in the findings that there are peculiar circumstances attributable to the property and that unnecessary hardship is due to such cimumstances, that the unnecessary hardship has not been created by the Applicant and that the property cannot be used within strict conformity to the Ordinance. The present request is not a use variance but rather for a dimensional variance. The burden of proof on an Applicant in a dimensional variance is generally not as great as in use variances. See HertTherg_ v. 7onin_o Board of ,Ad!ustrn~.nL~ of Piff.~hum_h. 721 A.2d 43 (Pa. 1998). The Board has determined that the Applicant has met the criteria for a variance in that they did not construct the property so they did not create the hardship due to the location of the house the garage needing to be to the rear of the house. The proposed variance will not alter the essential character of the neighborhood. CONCLUSIONS OF LAW WHEREFORE, the Applicants are granted a variance to build a 24' by 80' garage/storage building that encroaches 10 feet from the rear setback line, as depicted in the submitted drawing, which is pert of the application and incorporated herein, subject to the following conditions: 1. That the garage doors not be facing Gettysburg Pike; 2. Access will be through the existing residential curb cut at 11 Gettysburg Pike; 3. That the building be used as an accessory use to the residence for personal storage and not for commercial uses; 4. That the building have residential type exterior to blend in with the residential uses in the neighborhood; 5. That the building have a shingled roof; 6. Subject to the fulfillment all procedural requirements of the Board and any other ordinances or Codes of Upper Allen Township, and applicable Local, State and Federal laws, statutes, ordinances, codes and regulations. Dat ed: <~' I~q,..,~'- ~/rO,.~ Dean'(~){to, Chairman H~rt Thieme Thomas M. Poote 59 White Oak Boulevard Mechanicsburg, PA 17050 November 18, 2003 Mr. Dusan Bratic 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Re: Variance #03-4 Dear Mr. Bratic On June 17, 2003, I applied for a zoning variance due to dimensional hardships at 11 Gettysburg Pike, Mechanicsburg. I was granted that variance but it was subject to a group of conditions that address building issues while I was seeking a zoning variance. I would appreciate it if you would reconsider these conditions since you are asking me to meet residential requirements while the lot is in an Office/Professional zone and you don't even require these conditions of buildings in a residential zone. I have the following comments to your Conclusions of Law which I do not feel are reasonable or safeguards as required in your zoning ordinance (Section 245-126B): 1. The location of the garage doors is irrelevant since access to the building will be through the existing driveway as stated in #2. 4. The building having a residential type exterior could be a wide range of materials. 5. There is no reasonable explanation for this since the closest residence which is right across the street has a metal roof and your own Township building codes restricts the use of shingles on certain roof pitches. Should you have any questions regarding this matter, please contact me at 717-441-9720. Sincerely, Thomas M. Poole cc: Mr. Stephen J. Dzuranin Wix, Wenger & Weidner Upper Allen Township UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT 100 GETTYSBURG PIKE & CODE ENFOR MECHANICSBURG, PA 1705~o00£TTYSB 717-766-0756 MECHANICSBURG, PA 717-591-3778 (FAX) To: Dusan Bratic, Esq. From: Max ^maechi Fax.' 432-9220 Pages-' 2 (including this page) Pho.~. ~ate: 12/19/03 Re: Vadance Decision in case [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comments: According to the applicant, the accompanying letter dated November 18, 2003 was mailed to you last month. The applicant stopped by our office to inquire of any response we may have received from you in connection with the said November 18, 2003 letter. Please call me with your take on this matter ASAP so I can relay it to the applicant. Sincerely, Max Amaechi Assistant Zoning Officer -FfiCOMMON~FORMS~Fax Covemheet.doc TELEPHONE: (717) 766-0756 · FAX: (717) 796-9833 · www. twp.upper-allen.pa.us Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 November 18, 2003 Mr. Dusan Brati¢ 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Re: Variance g03-4 Dear Mr. Bratic On June 17, 2003, I applied for a zoning variance due to dimensional hardships at 11 Gettysburg Pike, Meehsnicsburg. I was granted that variance but it was subject to a group of conditions that addre~ building issues while I was seeking a zoning variance. I would appreciate it if you would reconsider these conditions since you are aslcing me to meet residential requirements while the lot is in an Office/Professional zone and you don't even require these conditions of buildings in a residential zone. I have the following comments to your Conclusions of Law which I do not feel are reasonable or safeguards as required in your zoning ordinance (Section 245-126B): 1. The location of the garage doors is irrelevant since access to the building will be through the existing driveway as stated in 4. The building having a residential type exterior could be a wide range of materials. 5. Them is no rmsonabl¢ explanation for this since the closest residence which is right across the sm~et has a metal roof and your own Township building codes restricts tho use of shingles on certain roof pitches. Should you have any questions regarding this matter, please contact me at 717 441-9720. Sincerely, Thomas M. Poole cc: Mr. Stephen J. Dzuranin Wix, Wenger & Weidner Upper Allen Township hp officejet d155xi printer/fax/scanner/copier Fax-History Report for Date Time T~e ~ Dec. 19 10:36am Fax Sero 4329220 0:51 2 OK Dave Milletics 717-591-3778 Dec 19 2003 10:37am ~EC-19-2003 15:32 ?174329220 ?~74329220 P.01x03 DIJSA~BRATIC, ESQ. STEPBEN~PORTKO,~SQ. BRATIC ~a¥o PORTKO IOl OFFL~ CI~I~ SOl'mA 101 SOUTHU.S, ROUTE 15 D~IsSO~, ~N~YLVANIA 17019 FAX MEMORANDUM (717) 432-97o6 (717) 432-2538 FAX (717) 432-9220 TO: MAX AMAECHI FROM: DUSAN BRATIC RE: VARIANCE DECISION 03-4 DATE: 12/19/03 NO. OF PAGES: 3 FAX: 796-9833 Dear Max: Enclosed please find the letter I seat to Thomas Peele regarding his requests. ~DEC-19-2003 15:32 ?174329220 ?174329220 P.02x03 FAX December 19, 2003 (717)432-9706 (717)432-2538 (717)432-9220 Thomas M. Poole 59 White Oak Boulevard Mecbaulcsburg, PA 17050 P.E: Uppvr Allen Zoning Variance 03-4 Dear Mr. Poole: I received a call from Max Amaechi, who informed me tl~t you did not receive my response to your letter of November 18, 2003. I dictated that response on November 20, 2003, and I am not sure why you did not re~eiw it. I am enclosing a duplicate copy. DB/rsr CC: Max Amaechi · DEC-~9-2003 15:33 7174329220 7174329220 P.03/03 D~JS~a~ BR~TIC, ES~. ThomaS M. Poole 59 White Oak Boulevard Mechanlcsburg~ PA 17050 (717) 432-9706 (717) 432-2538 FAX (717)432-9220 November 20, 2003 RE: Upper Allen Zoning Variance 03-4 Dear Mr. Poole; I received your letter of November 18, 2003. I am sending a copy to the Zoning Officer. These wcrc items that were discussed and just baSed on my recollection them seemed to be no strong objection on your part to the conditions. I am unable to make any kind of a waiver on those. I believe that if you want to readdress it you will need to speak to Mr. Amaechi and then follow the appropriate procedure in this regard. DB/rsr CC: Max Amaechi Please understand that I am only a scrivener. I write down what the Zoning Hearing Board decides. san Bratic TOTRL P. 03 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 717-766-0756 71%591-3778 (FAX) l'e: Dusan Bratic, Esq. Fre~t; Max Amaechi Fax= 432-9220 P'a~-- 11 (exdudinglhispage) ~ 432--9706 DM~ 2/27/04 DUr~e~t E~Fo~l~v DPlea~eGon~ent Dplea~eReldy Dlqea~elb~-yc~e · Comments: Duslm -ils b al~ by this 11-Ilage facsimile ~,~., the 13, 2004, ~ich is o~ a 8attaday, Is the abaol~te deadline. Max Amaechi Assistant Zoning Officer hp officejet d155xi printer/fax/scanner/copier ~ ~ T_ _vpe Feb 27 4:52pm Fax Sent ~2~20 Fax-History Report for Upper Allen Town~ip 717-591-3778 Feb 27 2004 4:56pm 3:36 12 OK THOMAS POOLE VS. ZONING HEARING BOARD OF UPPER ALLEN TOW'NSHIP 100 GETTYSBURG PIKE MECHANICSBURG PA 17055-$698 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : WRIT OF CERTIORARI COMMONWEAL2Dt OF PENNSYLV.a2~IIA ) : SS. COUNTY OF CUMBERLAND) TO: ZONING HEARING BOARD OF UPPER ALLEN TWP.: We, being willing for certain masons, to have certified a certain action between THOMAS POOLE pending before you, do command 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 Common 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. Holler, P.J. our said Court, at Carlisle, Pa., the 23RD day of FEBRUARY, 2004. CURTIS R. L?NG. Pr,°,~°n° ~ta~ 'f--~kl_~ r~ IN THE COURT OF COMMON PLEAS CUMBE COUNTY, PENNSYLVANIA Thomas M. Poole Ms Zoning Hearing Board of Upper Allen Township, Cumberland County, Pennsylvania 1. I, ThomAg M. Poole, am plaintifffo£ the above matter. 2. I live at 59 White Oak Boulevard, Meohanicsburg, Pennsylvania 17050. 3. I own the property at 11 Gettysburg Pike, Meehsnlc, sburg, Pennsylvania 17055. 4. The property at 11 Gettysburg Pike is zoned Office/Professional. 5. I applied for a dimensional variance to build an acc~sary stmomre on the property located at 11 Gettysburg Pike on June 17, 2003. I told the board, at this time, that ! did not know what type of structure that I would be building but that it would meet all of the building code requirements of the township. 6. On. August 25, 2003, I received the Zoning Hearing Boards decision granting me the variance. They also placed conditions on the construction of the structure. (Attached) 7. On November 18, 2003, I sent a letter to Upper Allen Township and Mr. Dnsan Bratic questioning the conditions placed on the structure. (Attached) 8. on December 19,2003, I rece/ved a letter from Mr. Dusan Bratic saying that i needed to speak to Mr. Max Amoechi fi-om Upper Allen Township to readdress this issue. (Attached) 9. I spoke to Mr. Max Amaechi and was told that I was past the appeal period and that nothing could be done. 10. I would like to file a Nunc Pro Tunc since I was never notified of an appeal period to have this decision reviewed. 11. I would now like to construct a metal sided building with a metal roof'very similar to many other buildings that the Township has approved and have been constructed on the same road. I respectfully disagree with the boards conditions to. this dimensional variance for the following r~o1~$~ The. Zoning Hearing Board is addressing building.issues while I filed for a dimensional variance due to hardships created to setback lines when the State widened the road at the Route 15 interchange. I do not feel that these conditions are reasonable or safeguards as required in the zoning ordinance (Section 245-126B). Respectfiflly submitted, Thoma~ M Poole UPPER ALLEN TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT & CODE ENFORCEMENT 100 GETFYSBURG PIKE MECHANICSBURG, PA 17055-5698 August 25, 2003 Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 Re: Variance #03--4 Dear Mr. Poole: Enclosed is the Zoning Hearing Board's decision on your above-referenced request. Should you have any questions regarding this decision, please feel free to contact me at the Township offce. Assistant Zoning/Codes Enforcement Officer Upper Allen Township Encl. P:~ZONING~I Irt~CORRES~O3-4.fleeisian.floe TELEPHONE: (717) 766-0756 o FAX: (717) 796-9833 · www. twp upper-allen pa.us IN RE: APPLICATION OF THOMAS M. POOLE A Vadance BEFORE THE ZONING HEARING BOARD OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4 On June 17, 2003, Thomas M. Poole, hereinafter referred to as "Applicant", applied for a vadance from the provisions of the Code of the Township of Upper Allen, hereinafter called the "Code", Chapter 245, ~, under Section 126, for a Variance, from the Table of Dimensional Requirements. The purpose of the application is to obtain a vadance to construct an accessory structure to the rear of the main structure on the property located at 11 Gettysburg Pike, which would encroach the setback yard requirements under the Zoning Ordinance. The property is located in an Office Professional zoning district. After publication of the required notices, a public headng was held on July 10, 2003, at which time the Applicant and interested parties were allowed full opportunity to testify, present evidence and question witnesses. Thomas M. Pooie, Scott Steffan and Sharon Puckett testified. The relevant provisions of Chapter 245 and other applicable ordinances and codes of Upper Allen Township are incorporated herein by reference. FINDINGS OF FACT 1. The Applicant has signed a pumhase agreement for the property located at 11 Gettysburg Pike, Mechanicsburg, Upper Allen Township, Pennsylvania 17055. 2. The property is a single family dwelling located in an Office Professional zone of Upper Allen Township. 3. The Applicant requests a variance under section 245-126 of the Township Code from the Table of Dimensional Requirements to construct a garage as an accessory structure to the rear of the house. The garage would encroach the setback, 4. The Applicant testified that in order to comply with Section 245.26 the accessory structure must be built to the rear of the main structure. 5. The Applicant testified that putting the garage behind the house will cause the garage to encroach the rear setback yard. 6. The Applicant testified that the dwelling that is presently situated on the property has an 8 foot setback from Gettysburg Pike. 7. The dwelling is on .36 acres and has an adjacent lot of .21 acres. The Applicant testified that less than 25% of the lot is covered by building. 8. The Applicant testified that the rear of the property is bordered by a limited access highway (U.S. Route 15) with a steep bank and the property has no access to that road. As the property has no access to that road the Applicant believes the boundary abutting Route 15 should be considered a rear yard and not a front yard for setback purposes. 9. Scott Steffan of 10 Gettysburg Pike lives across the street from the property. He testified that he did not find the proposed uses objectionable if the building is used for storage of personal vehicles and not for commercial uses. 10. Sharon Puckett of 14 Gettysburg Pike testified that she would rather the property had a softer look. DISCUSSION Section 126 of Chapter 245 provides the Zoning Headng Board shall hear requests for variances and may grant a vadance provided certain specific findings are made that are relevant to the case, including in the findings that them are peculiar cimumstances attributable to the property and that unnecessary hardship is due to such cimumstances, that the unnecessary hardship has not been created by the Applicant and that the property cannot be used within stdct conformity to the Ordinance. The present request is not a use vadance but rather for a dimensional variance. The burden of proof on an Applicant in a dimensional vadance is generally not as great as in use variances. See Herl~h~.rg v. 7nning Renrd of Ad.i~J~mP. nt.~ of Piff.~hl~h0 721 A.2d 43 (Pa. i998). The Board has determined that the Applicant has met the criteria for a vadance in that they did not construct the property so they did not create the hardship due to the location of the house the garage needing to be to the rear of the house. The proposed variance will 'not alter the essential character of the neighborhood. CONCLUSIONS OF LAW WHEREFORE, the Applicants are granted a variance to build a 24' by 80' garage/storage building that encroaches 10 feet from the rear setback line, as depicted in the submitted drawing, which is part of the application and incorporated herein, subject to the following conditions: 1. That the garage doors not be facing Gettysburg Pike; 2. Access will be through the existing residential curb cut at 11 Gettysburg Pike; 3. That the building be used as an accessory use to the residence for personal storage and not for commemial uses; 4. That the building have residential type exterior to blend in with the residential 3 uses in the neighborhood; 5: ' That the building have a shingled roof; 6. Subject to the fulfillment all procedural requirements of the Board and any other ordinances or Codes of Upper Allen ToWnshiP, and applicable Local, State and Federal laws, statutes, ordinances, codes, and regulations. Dean Ott(~,.l~irman Thomas M. Poole 59 White Oak Boulevard Meehaniesburg, PA 17050 November 18, 2003 Mr. Dusan Bratic 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Re: Variance g03-4 Dear Mr. Bmtic On June 17, 2003, I applied for a zoning variance due to dimensional hardships at I 1 Gettysburg Pike, Mechanicsburg. I was granted that variance but it was subject to a group of conditions that add, ss building issues while I was seeking a zoning variance. I would appreciate it if you would reconsider these conditions since you are asking me to meet residential requi~ments while the lot is in an Office/Professional zone and you don't even require these conditions of buildings in a residential zone. I have the following comments to your Conelusipns of Law which I do not feel are reasonable or safeguards as required in your zoning ordinance (Section 245-126B): I. The location of the garage doors is irrelevant since access to the building will be through the existing driveway as stated in #2. 4. The building having a residential type exterior could be a wide range of materials. 5. There is no reasonable explanation for this since the closest residence which is right across the street has a metal roof and your own Township building codes restricts the use of shingles on certain roof pitches. Should you have any questions regarding this matter, please contact me at 717 ~.~. 1-9720. Sincerely, Thomas M. Poole cc: Mr. Stephen J. Dzuranin Wix, Wenger & Weidner Upper Allen Township DUSAN BRATIC, ESQ. STEPHEN K. PORTKO, ESQ. Thomas M. Poole 59 White Oak Boulevard Mechanicsbur§, PA 17050 BRATIC n~ro PORTKO ~4ttorneys at Law 101 OFFICE CI~ITER, SUITE A 101 SOUTH U.S. ROUTE 15 DILLSBURO, PENNSYLVA~L~ 17019 (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 December 19, 2003 RE: Upper Allen Zoning Variance 03-4 Dear Mr. Poole: I received a call from Max Amaechi, who informed me that you did not receive my response to your letter of November 18, 2003. I dictated that response on November 20, 2003, and I am not sure why you did not receive it. I am enclosing a duplicate copy. DB/rsr CC: Max Amaechi DUSAN BRATIC. ESQ. STEPHEN K. PORTKO, ESQ. Thomas M. Poole 59 White Oak Boulevard Mechanicsburg, PA 17050 BRATIC PORTKO Attorneys at Law 101 OFF~CE CENTER, SUITE A 10l SOUTH U.S. ROUTE 15 DILLSBURG. PENNSYLVANIA 17019 FAX November 20, 2003 (717) 432-9700 (717) 432-2538 (717) 432-9220 _ \ arlance 0.,-4 RE: L;pper :Mien Zoninu ' ' ~ ~' Dear Mr. Poole: I received vo i,' lett,'r of Nnvember q '~ n'~ r .~ ~; q .... ......... 0 ...... m sena,n~ ,, ,.ovy to the Zoning Officer. These were items that were discussed and just based on my recollection there seemed to be no strong objection on your mlrt to the conditions, l am unable to make any kind ora waiver on those. I believe that if vott want to readdress it you will need to speak to Mr. .~,maechi and then Ibllow the appropriate procedure in this regard. Please understand that I am only a scrivener.' I write down xvhat the Zoning Hearing ['3oard decides. Very tg'..dy yours. Dusan Bratic DBlrsr CC: Max Amaechi ORiGiNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 IN RE: THOMAS M. VARIANCE REQUEST POOLE, UPPER ALLEN TOWNSHIP ZONING HEARING BOARD CASE NO. 03-4 TRANSCRIPT OF PROCEEDINGS OF ZONING HEARING BEFORE: DATE: PLACE: BY: Dean Otto, Chairman Herbert Thieme James Soule Dusan Bratic, Esq., Solicitor Gerald R. Souders, Zoning Offices Max Amaechi July 10, 2003, 7:40 p.m. Upper Allen Township Municipal 100 Gettysburg Pike Mechanicsburg, Pennsylvania Lucinda K. Hoffman Building APPEARANCES: THOMAS M. POOLE 59 White Oak Boulevard Mechanicsburg, PA 17050 Applicant HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 t2 13 14 ~5 17 19 20 21 22 23 24 25 TESTIMONY Thomas M. Direct W OF: Poole testimony Scott Steffan Direct testimony Sharon Puckett Direct testimony I T N E S S E S PAGE 2 HOFFMAN REPORTING (717) 852-7896 ORIGINAL 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 IN RE: THOMAS M. VARIANCE REQUEST POOLE, UPPER ALLEN TOWNSHIP ZONING HEARING BOARD CASE NO. 03-4 TRANSCRIPT OF PROCEEDINGS OF ZONING HEARING BEFORE: DATE: PLACE: BY: Dean Otto, Chairman Herbert Thieme James Soule Dusan Bratic, Esq., Solicitor Gerald R. Souders, Zoning Officer Max Amaechi July 10, 2003, 7:40 p.m. Upper Allen Township Municipal 100 Gettysburg Pike Mechanicsburg, Pennsylvania Lucinda K. Hoffman Reporter - Notary Public Building APPEARANCES: THOMAS M. POOLE 59 White Oak Boulevard Mechanicsburg, PA 17050 Applicant HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 12 13 14 15 16 17 18 20 21 22 23 24 25 W TESTIMONY OF: Thomas M. Poole Direct testimony Scott Steffan Direct testimony Sharon Puckett Direct testimony I T N E S S E S PAGE 9 21 35 2 HOFFMAN REPORTING (717) 852-7896 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 APPLICANT NUMBER 03-4 A 03-4 B 03-4 C 03-4 D EXHIBITS DESCRIPTION Photograph Photograph Photograph Photograph PAGE MARKED 14 14 14 ~4 3 HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 ~0 12 ~3 14 16 17 19 20 21 22 23 24 25 4 CHAIRMAN OTTO: Good evening. This is the 10th day of July, the year 2003, and the time is currently 7:40. The Zoning Hearing Board of Upper Allen Township is convened to hear Variance Case Number 03-4 for Thomas M. Poole, 59 White Oak Boulevard, and it concerns the dimensional setback for a garage. This is a quasijudicial proceeding. All individuals recognized to present evidence or testimony will be sworn to swear or affirm that all of their testimony will be given to the best of their knowledge and/or belief. The hearing is being recorded. When you approach the microphone, be sure to state your name and your address. When introducing drawings or other exhibits not previously submitted, please bring one copy to me so that I can give the exhibit a number. The applicant or their legal representative shall present the Board with a general statement of what the applicant wishes to do. Please be sure to address any particular conditions or requirements in the zoning ordinance. Members of the Zoning Hearing Board and the solicitor may have questions which they will ask after testimony is presented. Other witnesses will HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 then be heard as long as the testimony presented is not unusually repetitious. After the conclusion of all testimony, the solicitor will review applicable law and discuss how the facts presented relate to the law. Certain additional questions may be asked of the applicant or their representative. A general motion for either granting or rejection of the variance will be made by a member of the Zoning Hearing Board. A motion for granting of a variance may be made subject to fulfillment of certain conditions. There may be a period of discussion which will be followed by a vote. In the event the application for the variance is granted, certain conditions may be placed on such approval. There may be a period of discussion which will be followed by a vote. A written decision will be prepared and sent to the applicant within 45 days of the date of hearing on the application. And I will introduce the front table. To my far left is Cindy Hoffman, stenographer. To her immediate right to his immediate Board member. is Max Amaechi, zoning assistant. And right is Jim Soule, Zoning Hearing HOFFMAN REPORTING (717) 852-7896 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 6 To my far right is Randy Souders, zoning officer. And to his left is Herb Thieme, vice chairman of the Zoning Hearing Board. My name is Dean Otto, and I'm the chairman of the Zoning Hearing Board. Now, the subject at this time is, Max, do you have pertinent information that needs to be put in concerning this particular case? MR. AMAECHI: Yes, I do. Application Number 03-4, the applicant is Thomas M. Poole, 59 White Oak Boulevard, Mechanicsburg, PA 17050. The parcel number is 42-27-1888-168. The location is 11 Gettysburg Pike. The owners of the property are Richard and Joyce Bear. The current use of the property is a vacant lot. The zoning district is office professional. The request, the applicant has requested a variance under Section 126 of Chapter 245, Zoning, to grant relief from the Table of Dimensional Requirements regarding minimum required yard setbacks in order to construct a garage in a portion of the required building setback area. The lot in question fronts on both Winding Hill Road and Gettysburg Pike. And a portion of the land was taken by the state government and HOFFMAN REPORTING (717) 852-7896 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 19 20 21 22 23 24 25 reserved as a construction easement. Since the lot under consideration is vacant, the proposed garage cannot be viewed as an accessory building as provided for in Section 26 of the zoning code. Garages buildings and are not are commonly used as permitted as primary office professional zoning district. the lot configuration, location of the will be considered to be in the front, the rear of present. accessory uses in the In fact, due to proposed garage rather than to a main building, if a building were to be It should be noted that there are two separate lots at the 11 Gettysburg Pike address. One has residential building on it. And the other, which is the subject of this request, is vacant, with less than the required minimum lot size in the office professional zoning district. Hearing information, the application date was June 17, June 23rd, Sentinel. June 20th, 1st, 2003. 2003. Advertisements were made on 2003, and on July 1, 2003, in the Adjacent property owners were notified on 2003. And the property was posted on July CHAIRMAN OTTO: And Randy, information HOFFMAN REPORTING (717) 852-7896 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 concerning the notification? MR. SOUDERS: We have proof of publication in the Sentinel indicating the hearing for tonight has been properly advertised. There were 12 certified notifications mailed out within 300 feet of the property, and there were no returns. All were received. I might note that this gentleman that is applying for the variance tonight is a proposed buyer of the property. And he desires to buy the dwelling that is standing on the Gettysburg Pike to the righ~ as well as the vacant lot. And so the Board is aware of it, he wants to buy the whole, both parcels there. CHAIRMAN OTTO: Okay. And at this time, is there a representative for Thomas Poole, or is Mr. Poole here? I assume you are, then, Thomas Poole? MR. POOLE: Yes. I am Thomas Poole, P-o-o-l-e, 59 White Oak Boulevard, Mechanicsburg, Pennsylvania. CHAIRMAN OTTO: There should be a sheet of paper there in front of you. Would you please sign in there with your name and address and so forth. At this time, we'll swear you in, and then you can state your name and address for the record. HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 9 THOMAS S. POOLE, called as a witness, being duly sworn, testified as follows: MR. POOLE: My name is Thomas M. Poole, 59 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. CHAIRMAN OTTO: Mr. Poole, the subject at issue is -- I did not note the solicitor isn't here. Any moment he is supposed to be here. So I'm going to call for a short recess until he walks in the door. That's why I did all this preliminary stuff ahead of time. So we will be on a recess. And I hope he's sitting in the parking lot now. So you realize you are sworn in and everything, and you'll be prepared to present your case then whenever he gets here. (Whereupon recess was taken.) CHAIRMAN OTTO: The recess is over. It's currently two minutes of. It's now up to you to present what you want done and so forth. The floor is yours. DIRECT TESTIMONY MR. POOLE: I guess I would just like HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 10 relief from the setback so that on this piece of property. I'm because of the easement the construction across And there crosses between where I house that's there side. I can build a garage sort of limited that was granted because of the front of the property. was actually a sewer that want to build a garage and and the power line on the other the I require So I'm very limited where in the middle can actually build. And to build it there would a setback. CHAIRMAN OTTO: asking for? what is it, How many feet are you MR. 10 foot setback. MR. POOLE: I am asking for, I guess, 30 feet in the front? MR. AMAECHI: Yes. POOLE: So I guess I'm asking for a CHAIRMAN OTTO: variance of 20 feet? MR. POOLE: keeps the building, still So you're asking for a Correct. Now, that still the front of the face of the building would still be probably 35 feet off the road. CHAIRMAN OTTO: And this is the front. HOFFMAN REPORTING (717) 852-7896 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 11 You're building within the front setback. Are you within the rear and the side setback? MR. POOLE: I'm within the side. What's the rear? I'm not MR. AMAECHI: It's a corner lot. MR. POOLE: And is basically a cliff, sure where the property line is back there. CHAIRMAN OTTO: Well, the issue is, you have to understand if you're within the side setbacks so and the rear setback, then we have to-- MR. POOLE: The rear setback is 10 feet, I believe. Correct? MR. AMAECHI: It's 15. MR. SOULE: And the side setback on that property would be 30 because it's a corner lot. CHAIRMAN OTTO: Within the side, within the rear. MR. POOLE: I'm not within the front. When I say I'm 30 feet off the road, I don't know if you can tell from the plan there-- CHAIRMAN OTTO: Yes. The side, the rear, the front, and he wants to go 20 feet into that front setback. Now, do you have any questions? MR. THIEME: Have we settled the issue HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 14 15 16 17 19 2O 21 22 23 24 25 12 of the rear? a problem? violation of the off the property MR. rear. going to say? The rear is a 15-foot setback. Is that MR. POOLE: No. I would say I'm in rear then also. I'm probably 5 feet in the rear. THIEME: So a 5-foot variance in the CHAIRMAN OTTO: Randy, what were you MR. SOUDERS: I was just going to add that he also had to ask for relief from Section 245-26, which requires accessory structures be located to the rear of the principal structure. However, the applicant may want to address how he intends to combine the two lots together so that it would, in fact, be related to the primary structure. It's an independent lot. There's no structure to identify it with. issues, areas. dwelling that setback. So there are a couple of procedural And I might want to also note that the sits there is a nonconforming front yard how far it is Did you take a measurement to off the right-of-way? MR. POOLE: From the house or find out from the HOFFMAN REPORTING (717) 852-7896 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 13 actual front porch? MR. SOUDERS: Front porch. MR. POOLE: The house itself is, front of the house is, I believe, like 12 feet property line. That's not counting the porch. MR. SOUDERS: And how far is the MR. POOLE: With the porch, it's probably 8 feet off the property line. MR. SOUDERS: The house has an 8-foot the off the porch? setback. MR. POOLE: I have some pictures if that will help you. MR. BRATIC: We need numbers for the record. any evidence, know. CHAIRMAN OTTO: If you want to present it's your right to present evidence, you MR. ?00LE: No. I just meant if it would help to see that -- this is the lot. (Approaching) This is Gettysburg Pike out here. So what I did was place buckets where actually the front of the structure would be, even though we say we're violating, you know, it's still, like I said, like 35 feet off the road. CHAIRMAN OTTO: You want this to be HOFFMAN REPORTING (717) 852-7896 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 14 Exhibit A? And this would be Exhibit B, C, D. (Whereupon the for identification as Number 03-4 A, 03-4 B, CHAIRMAN OTTO: standing in the front portion documents were marked Applicant Exhibits 03-4 C and 03-4 D.) It looks like you were of the residence? photo, again, and looking north again. MR. THIEME: the access to the garage? MR. P00LE: MR. P00LE: Correct. CHAIRMAN OTTO: Exhibit B is another taken from the front of the residence Herb? Can you give us an idea of Through the existing driveway, as the MR. over the property MR. P00LE: be buying both properties. It's one address. But it existing garage is there. THIEME: So you're going to cross line into the existing driveway -- Correct. I would actually It's being sold as one. just turns out now that it's actually two different lots. So in the deed I guess it different lots, but it would have to be They would be combined into one. MR. THIEME: Are you going to be a would be two sold as one. HOFFMAN REPORTING (717) 852-7896 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 15 resident at the home? MR. POOLE: Probably decided that for sure yet. MR. THIEME: And the not, but I haven't purpose of the garage, any commercial use? MR. POOLE: No commercial use. I have collector cars, and I'm just looking to build a building where I can get my cars out of storage and into a place that I own. MR. THIEME: The plan that I'm looking at, just given to me tonight here, has a drawing of the building. MR. POOLE: Yes. MR. THIEME: Do you have the dimensions of the front side? MR. POOLE: Yes. The one narrow piece is 24-by-40. The other is 30-by-40. So it's actually an 80-foot long building. MR. THIEME: It's an 80-foot long MR. POOLE: Correct. one piece, building? MR. SOUDERS: 24 by what? MR. POOLE: 24 by 40 is the is the other piece. MR. SOUDERS: 30 foot deep? and 30 by 40 HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. POOLE: Correct. 16 (Whereupon discussion was held off the record.) MR. THIEME: building would be? MR. POOLE: And the height of the I haven't decided how high the building would be built comply with all of the township-- yet. It certainly would MR. THIEME: Would it be under 35 feet? MR. POOLE: Yes. MR. THIEME: Do you have any idea what the building coverage is in relation to the size of the percent lot? 2,160 square-foot building-- MR. POOLE: It's less than requirement. MR. SOULE: MR. POOLE: MR. THIEME: How big is the .21 acres. Do you feet that is? the 25 lot? know how many square MR. SOULE: 42,000 square feet in an POOLE: It's like 9,800. SOULE: How big is the other acre. MR. MR. you're buying? lot HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 17 MR. POOLE: MR. SOULE: not going to be more than MR. POOLE: than 40,000 square feet. MR. SOULE: that is currently there at not be 40,000 square feet, required building lot in MR. SOULE: MR. POOLE: acres. This other one is MR. SOULE: single lot, if he makes have to meet the -- yes, three things. I believe it's .37 acres. So the two lots combined are 40,000 square feet? No. It will not be more In other words, the house 11 and this lot will still which is the minimum an OP district. How big is that lot again? .36, the house is on .36 .21 acres. Right. But if it becomes a it a single lot, does he now he's actually looking for CHAIRMAN OTTO: Do you have any other questions? MR. SOULE: No. I don't have anything else. I'm sorry, one other quick question, anything torn down of going to be are there? this point the existing buildings that MR. POOLE: I don't anticipate that at in time, no. CHAIRMAN OTTO: And I may have missed HOFFMAN REPORTING (717) 852-7896 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 18 this, the garage door, is MR. POOLE: Gettysburg Pike. that-- The garage doors would face CHAIRMAN OTTO: face Gettysburg Pike. feet. driveway? occupancy permit The garage doors would So we're talking about 10 MR. SOUDERS: Are you going to use your You're not going to try to get a highway off the state? it. decision, MR. POOLE: I don't think I could get MR. SOUDERS: I can't make that that close to an intersection. MR. THIEME: If the garage door faces Gettysburg Pike and the building from the right-of-way line, does would have a paved surface of 10 is only 10 feet away that mean that you feet in front of the garage door and out? and that's the way you would be coming in MR. POOLE: My would just stay grass, not paved. basically going to park two cars And you know, once a month-- have anticipation was that it I mean, I'm in this building. MR. THIEME: You're not even going a paved driveway in there, gravel? HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 19 MR. POOLE: No. MR. THIEME: I have one question for Randy here. The statement that we make in this material that Max, rather, maybe Max is the one to answer the question, I don't know, where we say that, in fact, due to the lot configuration, location of the proposed garage will be considered to be in the front rather than to the rear of the main building if a building were to be present. I don't understand that. MR. SOUDERS: Number one, itself is not a permitted use in that can't find any way under the OP. Now, wants to buy both properties. And he has suggested to me that if the Zoning Hearing Board would find it acceptable, that he would prepare a deed to combine the two properties in such a fashion that they cannot be sold independently. MR. POOLE: Correct. MR. SOUDERS: Therefore, by doing that, then the a garage district. I Mr. Poole here house becomes the principal structure. MR. THIEME: The existing house on the MR. SOUDERS: Right. And then this is other lot? HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 20 the accessory structure to the dwelling. MR. THIEME: Why in front of the house. single-family are you saying it is house? It's to the side of the MR. SOUDERS: Our ordinance says that has to be to the rear. And that may be a mix of terms. But technically, what I brought up a few minutes ago is he would need the deed for that section. The ordinance would be to the rear-- MR. THIEME: because it's in front of the MR. POOLE: that accessory structure~3 Okay. In other words, rear line of the house? Correct. It won't be in front of the house, but it will be in front-- MR. THIEME: I understand now. I don't have any further questions. CHAIRMAN OTTO: Mr. Bratic, do you have all of the dimensions, the numbers? it more. MR. BRATIC: I have what I was given. CHAIRMAN OTTO: Do you want any more? MR. BRATIC: I don't think I need any HOFFMAN REPORTING (717) 852-7896 1 2 5 6 7 8 9 10 11 12 13 14 ~5 16 17 19 20 21 22 23 24 25 21 CHAIRMAN OTTO: Anybody else have any questions of Mr. Poole up here at this time? Okay. CHAIRMAN OTTO: At this time, Mr. Poole, if you will go back and sit down or whatever you want to do. Is there anyone in the audience now who would like to speak or say anything concerning this particular case? If you would please come up, sign your name, address, the same as what Mr. Poole did, and you will be sworn in. SCOTT STEFFAN, called as a witness, being duly sworn, testified as follows: CHAIRMAN OTTO: State your name and spell your last and give your address, please? S-t-e- f- f-a-n, DIRECT TESTIMONY MR. STEFFAN: Scott 10 Gettysburg Pike, Steffan, Mechanicsburg, Pennsylvania. I just want to comment we spoke with him before the meeting tonight, and us three neighbors around it do not find anything -- we have not met this man before. And we do not find anything to be objectionable with him wanting to do what he wants to HOFFMAN REPORTING (717) 852-7896 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 22 do on the property there. I live directly right across the street from the property. And I'm not speaking for my other neighbors, who are all friends, indirectly we haven't found anything objectionable to it other than what is in the zoning. So we're not in disfavor to what he has presented. CHAIRMAN OTTO: Do you have any questions as to what has been presented tonight? MR. STEFFAN: No, sir. CHAIRMAN OTTO: Does anyone on the Boara have any questions of this gentleman? MR. SOULE: No. MR. THIEME: No. CHAIRMAN OTTO: Mr. Bratic, do you have any questions of this gentleman? MR. BRATIC: No. CHAIRMAN OTTO: Okay. I appreciate it. MR. STEFFAN: Thank you. CHAIRMAN OTTO: Anybody else want to speak to this particular case? question (No response) MR. THIEME: I do have for Mr. Poole, if I may. a further HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 22 23 24 25 23 come front? CHAIRMAN OTTO: Mr. Poole, would you understand, store some vehicles-- MR. MR. collector? Will in the garage? THOMAS M. POOLE, recalled. MR. THIEME: The garage structure, as I you were saying you are going to use it to POOLE: Um-hum. THIEME: --that you own? You're a there be any machine work being done Will there be a noise level problem with people living across the Will there be a is open and you're working on something like that? MR. POOLE: No. street? situation where the door the cars at midnight or There's not going a machine. I mean, I might be in there changing oil or changing the spark plugs on the vehicle. would never happen at midnight with doors open or whatever. problem. Mr. Poole? So I don't see that there would be a to be the It MR. SOUDERS: Do you rebuild the motors, MR. POOLE: No. MR. THIEME: So the most you'll be doing HOFFMAN REPORTING (717) 852-7896 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 24 in there as not going to have around. But you're equipment? MR. POOLE: No, sir. MR. THIEME: Changing the oil or something like that. Thank you. MR. SOULE: I have a question that may be related to Dusan. By combining the two lots and basically having a 22,000 square foot lot, which is what we'd end up with, any ramifications in terms of it being a 0P far as automobile work would be tinkering heavy automotive see any district? MR. BRATIC: It's there now. MR. SOULE: Right. MR. BRATIC: Actually, I don't down side. You should have the requirement that the lots be joined together as a single legal description in order for it to qualify as an accessory use. Otherwise, it will be an independent lot. MR. THIEME: Now, to do what you're saying, does that require some action on the part of the township to-- MR. SOUDERS: I think the Zoning Hearing Board -- deed to tie those two lots together. It's no more than a covenant in the deed as far as the approval for that, in my mind. I'm not a real estate HOFFMAN REPORTING (717) 852-7896 2 3 4 5 6 7 8 9 10 12 13 14 ~i 5 16 17 18 19 20 21 22 23 24 25 25 lawyer. We have a situation here, gentlemen, actually, we're looking at three variances, the front, rear and accessory. MR. SOUDERS: And he should probably officially request it verbally for the record. CHAIRMAN OTTO: Did you hear our statement up here, Mr. Poole? MR. POOLE: Yes. CHAIRMAN OTTO: I have to assume that you're requesting three variances? MR. POOLE: Correct. CHAIRMAN OTTO: Okay? MR. POOLE: Yes. MR. SOUDERS: Section 245-26 would be one variance that he's going to ask for which addresses the location of accessory structure in relation to the primary structure, be to the rear. That would be one that he would ask for. CHAIRMAN OTTO: Yes. Because all he actually asked for is table of dimensional requirements. CHAIRMAN OTTO: MR. SOUDERS: And the other two are both dimensional, front yard setback, the rear yard, rear yard, a reduction from 15 to 5 and the front yard, HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 ~5 ~6 17 18 19 20 21 22 23 24 25 26 from 30 to 10. CHAIRMAN OTTO: And we're all on the same page then? MR. THIEME: Would you describe that first -- oh, okay. CHAIRMAN OTTO: Section 26. So that is the request from Mr. Poole. Now, since Mr. Poole is up, is there any other questions for Mr. Poole? (No response) CHAIRMAN OTTO: At this particular tim~, what questions do you have of Mr. Bratic, because we're in a variance situation. MR. THIEME: Well, one of the conditions that we're talking about is the combining of the deed. And you said you had some words for that? MR. issues here. Some haven't. You have this is, you know, afford Mr. under the configuration of BRATIC: Yes. You have multiple have been addressed. I think some to make a determination whether the minimum variance that will Poole relief. I mean, it's one of the requirements ordinance. You do have a strange a lot. It would appear to be 24 or HOFFMAN REPORTING (717) 852-7896 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 27 30 feet in depth, you would not be -- would normal size building. So it would standard-type building perhaps configured in this manner. The other thing to determine is, you know, once you this does meet the minimum need, in grant the relief, then you would be know, for a dwelling certainly be smaller than regular, than a be difficult to put a on a lot that's that you obviously need get by that, that other words, to faced with granting the 15-foot rear yard and the 30-foot frcnt yard to 10 feet in the front. And I think that what you ought to address also, especially in this location, is the fact that what will you do about access in the future with those garage doors and where does the access to this building eventually go. I mean, it's fairly safe to say I don't think that PennDOT will grant the highway occupancy permit. But if you act favorably on the request, I think you should consider directing that access to this building or any building on this lot will be through the existing curb-cut. I don't know, Randy, what about when the garage doors, Mr. Poole does not intend to do anything HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 28 but leave grass now, you know, on the ground. But what about the next owner? What if he moves and property is sold, what do you do then? And then the final question, I think that you probably need to address and talk to Mr. Poole about is is there any, in terms of you asked about the building height. But the other thing is what materials of construction is going to be put on the exterior of the property? Is it going to be a pole barn building, or is the architectural elements going to somehow blend into the existing dwelling or anything along those lines because you could condition a variance if you chose to grant it. And I think that in the long haul, you know, we're looking at a building that is 24 by 80, so 16, 1,700 square feet, so it's almost the size of a small rancher, is there going to be any request for water or sewer to be hooked up at the property. And then you ought to also identify the fact that even though it's an OP district now, the request is for storage of personal automobiles as opposed to, I don't know what other uses could be made there in that zone. But my point is that it's big enough to HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 l0 12 13 14 15 16 17 19 20 21 22 23 24 25 29 have a commercial garage in it. I'm not saying Mr. Poole would do that, but perhaps the next person. And so I think that if we're going to act on all of this, you should address all those issues now so that down the road they don't come back and you need to talk about them. CHAIRMAN OTTO: We're talking about a driveway that's only 10 foot long and it could be backing a vehicle out on the highway. MR. POOLE: The actual front of the building, that's why I brought the pictures along. The front of the building, even though I'm saying I'm requesting a 10-foot setback, the front of the building is 35 feet off the road. MR. SOUDERS: What you might not understand, you don't own that land and we can't give you permission. MR. POOLE: But I won't be backing out on the road. MR. SOUDERS: But this Board can't give you permission to use the Commonwealth's property. So they want to make sure that whatever they're granting you stays within the confines of the property. CHAIRMAN OTTO: And my point is suppose they decide to widen the road for a turn, now they HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 could utilize part of the 35 feet that you're talking about. And the next question is what type of door were you anticipating putting on this garage, a door that swings open? MR. POOLE: Overhead. CHAIRMAN OTTO: Can the garage be set into a portion or more of a portion of the rear setback? MR. POOLE: A small bit, maybe only a couple of feet it could be back further. There is a very steep drop-off back there, but yes, it could be back a couple more feet probably. MR. SOULE: Do the doors have to face the Gettysburg Pike? Since it's an accessory building, can't the doors face the house? MR. POOLE: I suppose, just a little inconvenience having to pull each thing out. MR. SOULE: You could also possibly put doors on the 30-foot side, too. CHAIRMAN OTTO: And you're putting a size 10 shoe into a size 8 shoe box, and that's what we're looking at. MR. POOLE: I understand what you're up against, or what I'm up against. HOFFMAN REPORTING (717) 852-7896 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 31 of the CHAIRMAN OTTO: Any other discussion? MR. THIEME: How about reducing the size building? MR. POOLE: The thing is I could reduce it, instead of 80, make it 60 feet but if I make it narrower, then I have a 20-foot boat that won't fit in a 20-foot garage, then we're talking -- do you know what I'm saying? MR. THIEME: I guess what I'm saying, is there any possibility of having both sides -- in other words, just making it a 24-by-80 foot building? MR. POOLE: Like I said, I just put that 30-foot piece on so that, I mean, I have a 20-foot boat, you know, so you have the engine out the back and the hitch out the front, it won't fit in a 20-foot garage. MR. THIEME: I'm thinking if this is 24 feet, it reduces the amount of the setback that's required, it reduces the amount of front setback that's required. CHAIRMAN OTTO: Rear setback, that's the rear. MR. THIEME: This is the back. CHAIRMAN OTTO: You're right. Okay. Any other discussion? HOFFMAN REPORTING (717) 852-7896 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 32 MR. THIEME: Another good point that was raised is what -- and you said you hadn't given much thought to this, but it is something that has come up in other instances in the township here, as to the type of building that would be constructed, that it would be a building that would be in character with other buildings that are around you there which apparently, I'm gathering, are residences across the street and there is a residence that you're buying along with this building? MR. POOLE: (Nods head) MR. THIEME: So I guess the question is, what would the building look like? MR. POOLE: And I haven't decided for sure yet whether the exterior would be block or metal. There is a block garage at the house now. The outside of the existing house is vinyl siding. MR. THIEME: of utility hookup, water, MR. POOLE: And how about the question sewer? There would be no plans for water, sewer. electric. there were guess that Probably electric, I would like to have MR. THIEME: And you had mentioned that power lines and a sewer line, in fact, I you will actually be crossing a sewer line. HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 Did I understand that correctly? MR. POOLE: Correct. You would actually cross a sewer line to get to the building, yes. MR. THIEME: So there is a sewer line that runs-- MR. SOUDERS: building on top of a sewer? There You're not going to be MR. POOLE: This is the lot in question. is a sewer line that crosses here. So that's what MR. THIEME: MR. POOLE: MR. THIEME: keeps the building this way. And the power line-- Is here. (Indicating) Now, does that create a sewer line? problem from the standpoint of the MR. P00LE: No. MR. SOUDERS: engineer about the location relationship of the sewer. It appears to be the township engineer gave him Talk to the township of that and the he will -- and I think that, and I don't see problem with that. easement. MR. right-of-way will MR. It goes right outside the THIEME: In other words, the sewer still be clear? SOUDERS: I'm seeing here on this a HOFFMAN REPORTING (717) 852-7896 2 3 4 5 6 7 8 9 10 12 13 14 15 17 18 19 20 21 22 23 24 25 34 map, he has a little manhole. And what happens have a 30-foot easement in there, and he can't encroach that. again if it's permit, we'll that up. saying here, iS we But we can -- and we'll verify that once granted and he comes in for a building verify that. Thank you for bringing MR. THIEME: Just to close what I'm which would make this more palatable in my mind, foot building building? Seems you're accessing it garage doors on the would you be agreeable then to a 24-by-80 with the garage doors on the end of Lhe like that would make sense since from that driveway there, with the end of the building instead of ~he front of the building. MR. POOLE: either end, on both ends? MR. THIEME: on both ends. MR. foot, you should Chesapeake Bay. MR. a concern Can I put garage doors on I guess you could put them SOUDERS: If this is longer than 80 probably store that down at the POOLE: I about aesthetics. guess as far as, you have Aesthetically, is that a HOFFMAN REPORTING (717) 852-7896 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 35 problem with just side of it? siding on whatever, in with what anyone then, that you have an 80-foot, a building with no doors or anything on MR. BRATIC: If you used the residential the outside and had a couple of windows or I don't think it would be a problem. MR. SOUDERS: That would certainly blend they have up there with the exception of the auto repair garage across the street. MS. PUCKETT: Yes. I live right next to it, a big blue-- CHAIRMAN OTTO: If you want to take part, please come up and sign in and we'll swear you in and then you can speak and say what you want to say. Please come up. SHARON PUCKETT, called as a witness, being duly sworn, testified as follows: CHAIRMAN OTTO: State your name, spell your last, and give your address, please? MS. PUCKETT: Sharon Puckett, P-u-c-k-e-t-t, 14 Gettysburg Pike. I live right next to Floyd's Garage. That property was at one time all one property. When we bought the house, Floyd had bought the garage, and then they separated HOFFMAN REPORTING (717) 852-7896 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 36 it. So it's property is. building is a paint front. aesthetics, across the garage. So building? in a weird configuration, how the So it's a big blue metal and block that they do painting in the back. And there shop in the back and a repair garage in the And when you were talking about I think it's kind of weird because right street right next to my house is this big what would it matter what kind of And I was told that we had no say on what kind of building they put there anyway on that property. And one other thing, this is probably nothing, but when Mrs. Bear lived there, she told me that where he's planning on building that garage, that there was a right-of-way of gas lines that went through there and that they could never build anything there because the gas company paid her to put lines through there. Now, this is what she told me. And this was around the time they built the interchange. A lot of stuff was going through there. And the water lines went through her house on one side, and on the other side was the gas lines. HOFFMAN REPORTING (717) 852-7896 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 37 don't know. I might be all, Randy? information show any -- Now, this is what she told me, so I I thought maybe I should bring that up. wrong. MR. POOLE: Are you aware of that at MR. SOUDERS: Well, you have the same I have, Mr. Poole. And PennDOT does not it's odd, they show all these other utilities on this map and don't show the gas line. MS. PUCKETT: Because the people across the street had put gas in their home. MR. BRATIC: But the gas is private. It's not municipal. there, that will be and the gas company township. provided us, before you plans that rebuilt. In other words, if there is gas an issue for the property owner right-of-ways, not involving the MR. SOUDERS: What Mr. Poole has just so everybody knows, what you have is a copy of the actual condemnation took place when that intersection was And the gray area, the lands that the state bought. The white areas the plan are those areas the shaded area is condemned and paid and to the north and the south on where residences or HOFFMAN REPORTING (717 852-7896 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 38 businesses or whatever are. This plan currently shows all utilities, sewer, water and electric but does not show any gas. The only way we would get involved is it's a main gas line. If it's just a residential service coming in off of the right-of-way, that happens all the time. Of course, Mr. Poole and this lady did bring up the point that it should be checked out. It's certainly to your benefit. You don't want to be in there excavating and hit a natural gas line. MR. POOLE: I could call tomorrow and have it located because that could change all of this. MR. SOULE: Ms. Puckett, you were questioning about the aesthetics of the building, if he puts a block building in there that looks like Floyd's Garage, do you have a problem with it? MS. PUCKETT: Well, Floyd's Garage is block and metal. And I have to live right next to that garage. MR. SOULE: I'm asking the question. he put a building up that looks like the house-- if about If MS. PUCKETT: Okay. This is my opinion the whole thing, and it goes into zoning. Our HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 39 homes on that residential. And personally, side of the road are currently Across the street is a different zoning. even now, if I go to sell my house, I'm not going to be able to get what that house is worth if it was in the neighborhood behind me, if you know what I'm saying, because of that. And I understand there's zoning changes may be going on in the township. And I would push not to be residential because Floyd's Garage, as he told me, at one time that property was all one. And here I found out that I was paying commercial rates for a long time on my house. And if he goes to sell that, is that going to be back to commercial because he told me at some point he's going to be selling that property. And there is a repair -- behind there, they built, well, we've owned it since 87. And when I first moved in, there wasn't a fence. We put the fence up. And I really think we should have it checked to see where the property lines go because I own past that fence. MR. SOUDERS: Well, that's your responsibility to have it surveyed. HOFFMAN REPORTING (717) 852-7896 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4O MS. PUCKETT: Right. I have to do that. But they built onto the back of that garage between between 87 and, I'd say, three or four years after we moved in there. And there is like a -- he does car repairs and paint. And there is like a paint, like a, he does car repairs and paint. It's a paint shop, body work and paint shop in the back there. MR. SOUDERS: I think what Hearing Board -- not necessarily made up whether to grant this to Mr. Pool or not. want to do is to make sure that since he this a residential use-- MS. PUCKETT: Right. the Zoning their mind on What they is calling carry MR. SOUDERS: --that the aesthetics on that flavor with the dwelling that sits there like an independent see something a little and thereby not making it look business there. Would you rather more soft? MS. PUCKETT: Yes. Because it's going to be harder to sell our homes. MR. SOUDERS: And I think that's how they feel about it. Compared to a masonry building that isn't painted-- HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 41 yes, that's MS. how I PUCKETT: Or a pole barn-type thing, feel about it, yes. CHAIRMAN OTTO: Any other questions from Thank you, ma'am. anybody, please? MR. THIEME: No. MR. SOULE: No. CHAIRMAN OTTO: Anyone else from the audience, since we're on the issue? Seeing none, okay, gentlemen, you heard the information. We have a very interesting situation. MR. would be amenable with garage doors front. If 80-foot building, that we're have a lot THIEME: Mr. Poole has indicated he to a 24-foot by 80-foot building at either end instead of in the we were to consider how would that a 24-foot by change your variance building 6 considering here? MR. SOUDERS: I don't of impact on it. MR. THIEME: Well, feet back on that-- CHAIRMAN OTTO: Right. setback-- MR. POOLE: that one point on think that would it's bringing the So the rear The point of contention is the lot, and I have that as a HOFFMAN REPORTING (717) 852-7896 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 42 24-foot width. I've tried to keep where the lot was wider. there is the 30 feet in MR. SOUDERS: So your narrowest point where you're asking for 10 foot? MR. POOLE: Correct. MR. SOULE: Is there any reason, or Mr. Poole, that the right side where there MR. SOUDERS: MR. SOULE: diagram, Randy building can't be moved to is a little more land? When you say right-- Standing, looking at this moving the building this way. Indicating) MR. POOLE: There is an electric pole, guywire on that side and then the sewer on the other side. So that's why you're sort MR. SOUDERS: So I Herb's question there, 6 foot, I it back to 16. MR. THIEME: When I the of limited. think the answer to think that will drop look at this drawing, it looks to me like the midpoint of the building, where it juts out 6 feet, that that is closest point to the-- MR. SOUDERS: said he was calling MR. That's where Mr. it 10 foot. THIEME: So if you bring feet-- the Poole that back 6 HOFFMAN REPORTING (717) 852-7896 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 43 reduced right? the MR. SOUDERS: That becomes 16. MR. THIEME: So you have actually setback requirement by 6 feet. Is that MR. SOUDERS: Now what we've done is he's asking for a reduction of the front yard setback from 30 foot to-- MR. THIEME: We wanted it 30 feet down to 10 feet before. Now it would be 30 feet down to 16 feet. Is that right? And that's not even doing anything to the back. I don't know that you can do too much in the back. MR. SOUDERS: The back is a limited access highway, a heck of a slope down the back. MR. THIEME: I don't know how much further you can move the building back. CHAIRMAN OTTO: Okay, gentlemen, we have numerous considerations here. And if I understood you right, Mr. Poole, not necessarily are you going to actually live here at this residence. Right? MR. POOLE: Correct. CHAIRMAN OTTO: So you're going to be renting it? MR. POOLE: Correct. MR. SOUDERS: It still would be all one HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 owner. property MR. SOULE: But if he rents that in an OP district and it becomes a permitted use, does the accessory building that become a permitted use as well? he has now built MR. SOUDERS: Any use in that district is a permitted use on that property, now, provided they comply with the zoning ordinance. Let's assume that that property was sold for another use, then that building could become accessory use to-- MR. BRATIC: That's the issue. You have to decide that now. In other words, now you're being asked about this building for a garage. So are you going to keep it in that use for personal automobiles and not for commercial use because, you know, really, if it is going to be for commercial uses or what have you, you have very scant information here with which to deal with. This is just a bunch of little sketches here and there. You don't have the drawing of what the building is going to be. You don't have proposed types of construction, all of these things you normally get. MR. THIEME: But he said it's not for commercial use, so how do we make the approval so that HOFFMAN REPORTING (717) 852-7896 6 7 8 9 10 12 14 15 16 17 18 19 20 22 23 24 25 45 it never becomes commercial use? MR. BRATIC: That's what I'm raising as an issue for you now. MR. SOUDERS: If this building were to change from residential to commercial, a land development plan will be required, period. When you change the use from residential to commercial, under our ordinance-- MR. BRATIC: As a practical matter, you're never going to knock a building down. You're going to be dealing with parking areas. MR. SOUDERS: They have to address the parking and everything. If they address those issues, then the plan could get throughl And they could condition that they would want to see any future land development plans or change the use related to this. But historically, when you change a use from residential to commercial, you have to do a land development and-- problems. plan to address the whole parking issue MR. BRATIC: I'm just saying why buy CHAIRMAN OTTO: But simply because you can condition it, but abiding by all of them. Okay. it becomes a problem many conditions, Any other theory, HOFFMAN REPORTING (717) 852-7896 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 46 any thoughts? Do you have all the information that you feel you need in order to make a decision? What's your feeling, Herb? We're in the discussion phase. MR. THIEME: I could go along with some of the requirements that we've talked with this, about. accessory it will never purposes. MR. SOULE: structures. MR. THIEME: And be commercial. MR. SOULE: Used Conditionalizing the conditionalizing that for commercial CHAIRMAN OTTO: Well, there is no doubt about it, gentlemen, on the variance situation you have physical circumstances that are not created by the applicant. That's for sure. There could be a safety issue if there is a widening or property. MR. problem. a turn SOUDERS: lane on that particular That's sort of a PennDOT CHAIRMAN OTTO: But it still could be put in, the road could be widened at that particular point. But anyhow, go ahead, Jim. MR. SOULE: If we do the conditions HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 2 3 4 47 from the standpoint opposite end the building building and of moving the doors to the of the building, he'd still have where sits, 14 feet between the edge of the the edge of the right-of-way for any proposed expansion. So therefore, he got 14 feet of space to drive back of the building. CHAIRMAN OTTO: So suggesting is a possibility that located to can get around, he's through to get to the what you're the overhead door be the rear of the north or south end? MR. SOULE: Giving him the option to do one, the other or both. CHAIRMAN OTTO: located-- right of MR. SOULE: this drawing. CHAIRMAN OTTO: we're saying? The door would be At the ends to the left and Do you understand what MR. THIEME: Um-hum. CHAIRMAN OTTO: Ail right. Is there any other questions? If you feel you have sufficient information and so forth and hearing no other discussion about it, I'll entertain a motion. MR. BRATIC: Well, before you HOFFMAN REPORTING (717) 852-7896 1 2 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 48 entertain the motion, let's talk about structuring the motion. I think that what you ought to do is first think the motion, that you're going to vote on granting a variance to construct a building that is 24 foot by 80 foot in length in the area depicted on the drawing subject to the fulfillment of all the municipal requirements and the following conditions, and then set each condition and vote for the conditions. the following First vote for conditions and the variance subject to then identify your conditions condition? motion with think it's to discuss rephrase because you may have multiple ones. MR. THIEME: Do you mean vote on MR. BRATIC: Yes. MR. THIEME: Why not just make one all the conditions? each iSSUeS, saying MR. BRATIC: Well, you could. I just going to be a lot more awkward. You ought yes, do I want it in or not want this in or it. MR. SOULE: You've got the architectural dimensional issues, the deed issue? MR. BRATIC: Yes. I mean, that's like we're going to have a paragraph without commas. HOFFMAN REPORTING (717) 852-7896 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 49 It's it. just kind of awkward the first shot. MR. THIEME: However you guys want to do CHAIRMAN OTTO: I don't have any problems with voting on one motion. We can have a discussion, and then a condition can be implemented at that particular time. I think we've discussed practically every condition that all of us are thinking of. motion? MR. THIEME: Do you want me to make one CHAIRMAN OTTO: Make a motion, see where we're at then. MR. THIEME: I move for approval of construction of an accessory storage garage building not to exceed 24 feet by 80 feet in dimensions at an address at 11 Gettysburg Pike, a vacant lot on the corner of Winding Hill Road and Gettysburg Pike subject to the following conditions. And that would be, I guess, the motion that we would vote on, and then we'll vote on each condition, as I understand it. MR. BRATIC: That's my recommendation. CHAIRMAN OTTO: Okay. I have a motion on the floor. HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 14 ~6 17 18 19 20 21 22 23 24 25 50 MR. THIEME: I wonder if the motion should also include the variance, the setback business? Well, that would be a condition. The variance, granting a variance of 14 feet from the, a variance of 14 feet from a 30-foot required setback in the front and the variance of 5 feet from the 15 foot in the rear. Is that correct? MR. BRATIC: Granting a front yard variance, and granting that would allow an encroachment of 14 feet into the front yard setback and a rear yard variance granting a 10-foot encroachment from the rear setback. item as also construction MR. THIEME: And how about the third part of the motion, allowing the of an accessory building in front of the rear building residential-- line for the adjacent MR. BRATIC: Construction of the of the accessory use to the side of the building existing dwelling provided the lot on which the dwelling -- on which the accessory building will be constructed is combined into a single deed with adjoining lot. MR. THIEME: So moved. CHAIRMAN OTTO: Any other discussion? HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 51 have conditions, conditions further. Seeing none, roll call. MR. BRATIC: We need to make sure we subject to the following conditions is in there. CHAIRMAN OTTO: Subject to the following we understand. We'll work on the We may not have to go any in a moment. Roll call. MR. AMAECHI: Jim MR. SOULE: Yes. Soule? MR. AMAECHI: Herbert Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? MR. OTTO: Yes. All right. Now conditions, condition one. MR. SOULE: That the building not exceed -- that's already in. MR. THIEME: It's already on there. MR. SOULE: That the, position of the garage doors. MR. THIEME: Just say no garage doors on the face of the building, on the front of the building. CHAIRMAN OTTO: The only question that I would ask of that, Herb, is that the garage doors to the rear probably would be a safety issue, that HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 52 whenever you drive onto idea of what anything. the street, I don't have any the speed limit is on Gettysburg Road or MR. POOLE: The speed limit is 25. MR. THIEME: We would just be saying no garage door on this side of the building. MR. SOULE: The side of the building facing Gettysburg Pike. MR. THIEME: The side of the building facing Gettysburg Pike. CHAIRMAN OTTO: What do you state your motion as, Jim? MR. SOULE: Well, I agree with Herb, that there be no garage doors facing Old Gettysburg, facing Gettysburg Pike. MR. POOLE: When you say no garage doors, does that leave it open that I could put a mandoor on that side of the building? MR. SOULE: I would probably encourage you to do that. MR. P00LE: That's why I'm asking the question. Roll call. CHAIRMAN OTTO: That's condition one. MR. AMAECHI: Jim Soule? HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 12 13 15 16 17 18 19 20 21 22 23 24 25 53 MR. SOULE: Yes. MR. AMAECHI: Herbert Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? MR. OTTO: Yes. MR. SOULE: Do you want to tackle access? Access through the current at 11 Gettysburg Pike-- MR. THIEME: MR. SOULE: drive cut, curb cut at 11 residence. CHAIRMAN OTTO: Roll call. MR. AMAECHI: Jim Soule? MR SOULE: Yes. MR AMAECHI: Herbert Thieme? MR THIEME: Yes. MR AMAECHI: Dean Otto? MR OTTO: Yes. MR SOULE: Commercial issue? MR BRATIC: My opinion is that the safest approach to entire neighborhood issue there, you know, is to address everything right now along drive cut listed Say that again? Through the current Gettysburg Pike, lines that the property owner has agreed do, you know, I don't recommend that you cut, the current the that he would say well, HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 later that. maybe we'll need to do this, we'll need to do There has been plenty of things that have been falling through the cracks here over the years, and you're assuming somebody will pick that and read the file. MR. THIEME: that we were-- MR. BRATIC: Mr. Poole said, vehicles in I'm sure it going to be there So what's the condition up I'm saying that, from what is he is going to store personal lot, his own personal vehicles. Vot%, it's not period. MR. SOULE: So any material being stored is not to be used for commercial purposes, the qualifies in that regard and used for commercial purposes, that what I And that's why he asked you for a variance. going to go and put an ice cream stand there, should tell you that up front and that's the is hear you say? MR. BRATIC: That's what Mr. Poole said. If he was then he condition. MR. condition that we the building be used for vehicles? THIEME: In other words, the would be approving would be that the storage of personal HOFFMAN REPORTING (717) 852-7896 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 55 MR. BRATIC: Yes. Personal use and not for commercial use. I don't know that I would even get into-- MR. SOUDERS: Personal and residential storage barn. MR. BRATIC: And for not commercial uses. The next guy coming in there, dropping, changing engines. MR. SOUDERS: So what happens is the variance says that, anything else, they have to come back here and talk to you guys before they can do anything. CHAIRMAN OTTO: Do you understand? MR. SOULE: Yes. That's what I was looking for. Herb and I were saying the same thing. MR. THIEME: That the building be used for personal use only and not for commercial use. MR. BRATIC: That the building be used for personal storage uses and not for commercial use, as an accessory use to the residence. MR. THIEME: Well, you just inserted the word residence. MR. BRATIC: Well, the residence is next door. Otherwise, it wouldn't be an accessory use to the residence. HOFFMAN REPORTING (717) 852-7896 4 5 6 7 8 9 10 11 12 14 15 16 17 ~9 20 21 22 23 24 25 56 MR. SOULE: for the condition is the for personal storage use residence and not commercial CHAIRMAN OTTO: MR. AMAECHI: MR. I think having addressed used for commercial uses, about the utilities and The condition is, the motion only use of the building is as it relates to the use, end of motion. Okay. Jim Soule? MR. SOULE: Yes. MR. AMAECHI: Herbert Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? MR. OTTO: Yes. BRATIC: Let me just say this, that this last motion with not that you address the issue what have you. CHAIRMAN OTTO: Are you going to require him to construct any particular type of building that blends in with the surrounding-- MR. THIEME: I guess just saying that the structure compliment the residential structures across the street. MR. BRATIC: You could say that the exterior of the premise have residential-type siding on the outside and residential-type siding blend in with the residential character of the neighborhood. HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 57 MR. THIEME: That sounds good. So moved, that the building have residential-type siding to blend in with the residential character of the homes in the neighborhood. CHAIRMAN OTTO: Roll call. MR. AMAECHI: Jim Soule? gentlemen? roof were you shingle roof? siding on the shingled roof vinyl mean, house MR. SOULE: Yes. MR. AMAECHI: Herb Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? CHAIRMAN OTTO: Yes. Anything else, Beat and battered enough. MR. SOUDERS: Mr. Pool, what type of planning on putting on that, steel roof, If you're going to be putting vinyl outside, then you might as well put a on it. MR. POOLE: I guess if I have to build siding, it probably would be a shingle roof. I you're almost telling me now I have to build a with garage doors on it. I'm just listening to what you're approving. Yes, that's basically what you're saying. I'm not saying, I mean, nothing was -- what they have asked, just don't put up a block building. HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 58 siding on it siding on it. MR. BRATIC: usually we get a sketch of put in. Here we just have But if you're saying I have to put like a residence, I have to put vinyl Here's what I'm saying, what somebody is going to a skeleton. MR. POOLE: My understanding was I was just wanting setback variance and I don't really need to have the building until I go up before the building and get the building-whatever guy to approve that. I mean, I understand. You guys have brought up things I didn't think about. MR. BRATIC: I'm saying to you what we see most of the time, and I'm not telling you that it needs to be in a format that's like an architect's plans and specifications, but we have enough information to know what we're approving, other than a footprint. All we have to deal with is a footprint. So we're trying to balance your request with the long-term consequences of that request in the adjoining neighborhood so that-- MR. POOLE: I understand. You guys are bringing up things that I didn't think about when I came in. You know, a couple of years from now, I sell HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 it, you know, understand. this issue? somebody else will -- yeah, I CHAIRMAN OTTO: Okay. Any discussion on MR. THIEME: No. CHAIRMAN OTTO: this? PUCKETT: here concerning MS. the siding. motions CHAIRMAN OTTO: and everything else. MS. PUCKETT: CHAIRMAN OTTO: MS. PUCKETT: CHAIRMAN OTTO: Is there another motion I have a question about with him. MR. BRATIC: could talk about it with Poole or whatever. do this or that. concept. MR. that of the We're already into the What I was going to say-~ You can-- --siding on. You can discuss that It's so loose that you the township people and Mr. We're not telling him he's got to It's just kind of like an overall THIEME: And the final condition, the building include a shingled roof. MR. SOULE: Matching the characteristics residential neighborhood. HOFFMAN REPORTING (717) 852-7896 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 60 MR. character of the gentlemen? THIEME: Also in keeping with the neighborhood. CHAIRMAN OTTO: Okay. MR. AMAECHI: Jim Soule? MR. SOULE: Yes. MR. AMAECHI: Herbert Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? MR. OTTO: Yes. Anything else, MR. BRATIC: Subject to fulfillment of all other municipal and state and regulatory ordinances, building permits, et cetera, et cetera. CHAIRMAN OTTO: And Mr. Poole, you have to realize that this was quite-- MR. BRATIC: We always to the fulfillment of all procedural, and local ordinances, every decision MR. SOULE: that it's-- MR. BRATIC: the plans here. CHAIRMAN OTTO: have it subject state, federal that you have. So the final condition is Yes. Because we don't have Herb said so moved. MR. AMAECHI: Jim Soule? MR. SOULE: Yes. HOFFMAN REPORTING (717) 852-7896 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 The Poole, across MR. AMAECHI: Herb Thieme? MR. THIEME: Yes. MR. AMAECHI: Dean Otto? CHAIRMAN OTTO: Yes. CHAIRMAN OTTO: Any other conditions? only thing that I was going to say to you, Mr. is the fact you do have a residential zone the street. I understand Floyd's Garage situation, but that's been there for, you know. So what we're doing is we're putting a building so close to the road on that very narrow setback. We're trying somehow to accommodate everything if it's possible. MR. POOLE: We'll try to make it blend in as best we can with the three houses across the street. those houses. CHAIRMAN OTTO: And you'll be close to MR. POOLE: Yes, absolutely. CHAIRMAN OTTO: This meeting is adjourned and you will get days, written decision. your decision within 45 (The hearing concluded at 8:45 p.m.) HOFFMAN REPORTING (717) 852-7896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 62 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within proceedings, and that this copy is a correct transcript of the same. Dated at York, Pennsylvania this 11th day of March 2004. Lucinda K. Reporter - Notary Public NOTARIAL SEAL LUCINDA K. HOFFMAN, Nota~/Public Manchester Tv~p.,York County My Commission Expires Sept, 25.2004 (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.) HOFFMAN REPORTING (717 852-7896