HomeMy WebLinkAbout01-1382LOWER ALLEN TOWNSHIP,
Appellant
ZONING HEARING BOARD OF
LOWER ALLEN TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS
CUMBERL^Nr, COUNTY, PENNSYLVANI^
DOCKETNO. l- / 3
Civil Action - Law
Land Use Appeal
NOTICE OF LAND USE APPEAL
Lower Allen Township, by its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., appeals
from the decision of the Zoning Hearing Board of Lower Allen Township, pursuant to the provisions of
Article X-A, Sections 11001-A through 11006-A, 53 P.S. Sections 11001-A through 11006-A, of the
Pennsylvania Municipalities Planning Code of 1988, (herein "MPC"), July 31, P.L. 805, No. 247, as
amended.
1. Appellant, Lower Allen Township, ("Township") is a first-class township duly
organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office
at Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County,
Pennsylvania, 17011.
2. Appellee, the Zoning Hearing Board of Lower Allen Township, ("Zoning Hearing
Board") is the duly constituted Zoning Hearing Board of Lower Allen Township, Cumberland County,
Pennsylvania with its principal office at Township Municipal Building, 1993 Hummel Avenue, Camp
Hill, Cumberland County, Pennsylvania, 17011
3. The subject property is improved with a dwelling and a detached accessory structure,
and is known as and numbered as 206 Locust Street, Camp Hill, Pennsylvania, 17011. The property is
owned by Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg,
Pennsylvania, 17055. The applicant before the Zoning Hearing Board is Susan Kline, who resides at
Document Il. 199552. l
206 Locust Street, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011,
The subject property is a residential lot in an R-l, single family established residential district, under
Chapter 220, Zoning, of the Codified Ordinances of Lower Allen Township (1997).
4. On or about November 14, 2000, Susan Kline ("Kline") applied for a special exception
for a use described as "office use to see clients for foot reflexology, energy therapy, ear candling, yoga
and meditation instruction."
5. The application of Susan Kline advertised for the following reliefi (a) a special
exception from the provisions of Section 220-122(B)(2), and (b) a variance from the provisions of
Section 220-122(B)(9)(F) and Section 220-12 of the Codified Ordinances of Lower Allen Township, as
amended.
6.
The applicant sought to establish a home occupation in an accessory structure for the
purpose of teaching yoga and meditation with the number of students exceeding four per class.
7. Hearings were held before the Zoning Hearing Board on December 21, 2000 and
January 18, 2001.
8. By Decision dated February 15, 2001, Zoning Hearing Board issued its Decision,
granting Applicant's request for a special exception for delivery of foot reflexology, energy therapy and
ear candling services, and for yoga and meditation instruction with a limitation of five classes per week
and ten persons per class. (See Exhibit A, Decision).
9. Zoning Hearing Board found that under Section 220-12(E), home occupation in
accordance with Section 220-122 is a permitted use within the R~I district.
10. Zoning Hearing Board also found that applicant's proposed home occupation will have
clients or patrons at the site and will generate additional traffic, and that it therefore required a special
exception.
Document #: 199552 !
2
1 I. Zoning Hearing Board found that applicant's proposed home occupation is not
specifically listed under 220-122(B)(9), but that it had similarities to listed home occupations. Zoning
Hearing Board went on to hold that applicant's use is deemed a home occupation under Section 220-
122(B)(9)(u) of the Codified Ordinances. Zoning Hearing Board further found that applicant had met
the conditions and criteria for a special exception and held that the proposed use was not detrimental to
the health, safety or welfare of the neighborhood.
12. Zoning Hearing Board also held that because the limitation of ten persons per yoga or
meditation class is a part or component of the use deemed by the Board to be a home occupation, the
applicant did not need a variance from Section 220-122(B)(9)(0.
13. Under the provisions of Section 908(3) of the MPC, 53 P.S. §10908(3), Township is a
party to the proceedings before the Zoning Hearing Board.
14. Medical type occupations are permissible home occupations under Section 220-
122(B)(9)(s). This section limits medical type home occupations to the professional offices of licensed
professionals.
15. Zoning Hearing Board also held that because the quasi-medical portion of applicant's
occupation was a permissible home occupation under Section 220-122(B)(9)(u), the applicant did not
need a variance from Section 220-122(B)(9)(s).
16. The action of the Zoning Hearing Board in granting the special exception to applicant is
arbitrary, capricious and abuse of discretion, and contrary to law in that:
(a) The zoning ordinance permits teaching or tutoring as a home occupation at
Section 220-122(B)(9)(f). It states specifically at Section 220-122(B)(9)(0 that a home
occupation shall include the following uses: (f) teacher or tutor, limited to no more
than four students at one time. Contrary to this Decision, the Zoning Hearing Board
Document #: 199552.1
3
held that the applicam's home occupation was a deemed use per Section 220-
122(B)(9)(u), "All other uses deemed as home occupations by the Zoning Hearing
Board."
(b) Zoning Hearing Board has erred in its decision by deeming a home occupation
with ten students to be permissible by not requiring the applicant to meet the criterion
of a variance in that the ordinance does permit teaching or tutoring, but no more than
four students at one time in that home occupation at Section 220-122(B)(9)(f).
(c) Section 200-122(B)(2) requires an applicant to have sufficient parking to
accommodate her clients or patrons. The Zoning Hearing Board erred in granting the
special exception, since the applicant's evidence showed that parking was inadequate
for ten (10) students per the Codified Ordinances.
(d) The action of the Zoning Hearing Board in not requiring the applicant to meet
the criteria of a variance from 220-122(B)(9)(f) is contrary to law, since the Zoning
Hearing Board must grant only the minimum relief required.
(e) The Zoning Ordinance permits medical treatment type services as a home
occupation at Section 220-122(B)(9)(s). Section 220-122(B)(9)(s) limits medical type
services that can be performed as a home occupation to professional offices of licensed
professionals. Contrary to this limitation, the Zoning Hearing Board held that the
applicant's home occupation was a deemed use pursuant to Section 220-122(B)(9)(u),
"all other uses deemed as home occupations by the Zoning Hearing Board."
(f) The Zoning Hearing Board has erred in its decision by deeming a home
occupation of medical treatment services by a non-professional to be permissible by not
requiring the applicant to meet the criterion of a variance in that the ordinance does
Document #: 199552.1
4
permit medical services, but only when performed by a licensed professional at Section
220-122(B)(9)(s).
(g) The action of the Zoning Hearing Board in not requiring the applicant to meet
the criteria of a variance from Section 220q22(B)(9)(s) is arbitrary, capricious and an
abuse of discretion and contrary to law.
WHEREFORE, applicant, Lower Allen Township, prays your Honorable Court to reverse the
decision of the Zoning Hearing Board of Lower Allen Township, and dismiss the application of Susan
Kline for a special exception and/or a variance.
Respectfully submitted,
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By: Steven ~~'"-~
I.D. No. 38901
3211 North Front Street
Post Office Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Solicitors for Lower Allen Township
Document #: 199552.1
IN THE MATTER OF
THE APPLICATION OF
SUSAN KLINE
BEFORE THE LOWER ALLEN TOWNSHIP
ZONING HEJ~ING EOAi~D
CUMBERLAND COUNTY~ PENNSYLVANIA
DOCKET NO. 2000-16
DECISION GRAITTING SPECIAL EXCEPTION
AND DENYING VARIANCE
The Applicant requests a special exception for a home
occupation, and a variance to allow her to teach more than four
students at one time. Hearings were held before the Board on
December 21, 2000, and January 18, 2001.
FINDINGS OF FACT
1. Notice of the hearing was properly advertised, the
subject property was posted, and all property owners required to be
notified of the hearing were notified in accordance with the
Codified Ordinances.
2. The Applicant is Susan Kline, who resides at 206 Locust
Street, Camp Hill (Lower Allen Township, Cumberland County),
Pernlsylvania 17011.
3. The Applicant is a tenant in the subject property, which
is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who
reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania.
4. The subject property is a residential lot in an R-1
district, improved with a dwelling and detached accessory
structure, and is known as and numbered 206 Locust Street, Camp
Bill, Pennsylvania.
5. The Applicant resides in the dwelling, and desires to use
the detached accessory structure to perform foot reflexology,
energy therapy and ear candling, and to teach yoga and meditation.
6. The Applicant will have no employees.
7. Only one person at a time will receive foot reflexology,
energy therapy or ear candling.
8. Applicant proposes a maximum of
meditation per week, with a maximum of 10
9. The Township of Lower Allen
hearings by David B. Martineau, Esquire.
10. Mark Hilbert and Elizabeth
application.
11.
support
five classes of yoga or
students in each class.
was represented at the
Hilbert supported the
No one else appeared at the hearings to testify either in
of or in opposition to the requested relief.
CONCLUSIONS OF LAW
1. This Board has jurisdiction over an application for a
special exception under Sections 220-223(B) (6) and 220~223(D) of
the Codified Ordinances.
2. This Board has
variance under Sections
Codified Ordinances.
jurisdiction over an application for a
220~223(B) (5) and 220-223(C) of the
- 2
3. Under Section 220-12(E), a home Occupation in accordance
with Section 220-122 is a permitted use within the R-1 District.
4. Since Applicant's proposed home occupation will have
clients or patrons at the site and will generate additional
traffic, it may only be permitted by special exception. Codified
Ordinances, Section 220-122(B) (2).
5. While the Applicant's proposed home occupation is not
specifically listed under Section 220-122(B)(9), it has
similarities to some of the listed home occupations, and in view of
the limitation to five yoga or meditation classes per week, with a
maximum of 10 students per class, is deemed a home occupation under
Section 220-122(B) (9) (u) of the Codified Ordinances.
6. The Applicant has met the conditions and criteria for a
special exception, and the proposed use is not detrimental to the
health, safety or welfare of the neighborhood.
7. Because the limitation to 10 persons per yoga or
meditation class is a part or component of the use deemed by the
Board to be a home occupation, the Applicant does not need a
variance from Section 220-122(B) (9) (f).
8. Applicant's request for a variance is also denied on the
basis that she has not satisfied the criteria set forth in Section
220-223(C) (1), (2), (3) and (5) of the Codified Ordinances.
DECISION
In view of the foregoing findings of fact and conclusions of
law, and in consideration of the testimony and evidence presented
- 3 -
at the hearings, the Applicant's request for a special exception
for delivery of foot reflexology, energy therapy and ear candling
services and for yoga and meditation instruction with a limitation
of five classes per week and 10 persons per class, be and is hereby
approved. The Applicant shall maintain strict compliance with the
testimony and evidence presented to the Board. This decision
constitutes approval of only the use proposed by the Applicant and
defined herein, and does not relieve the Applicant from compliance
with all ordinances, requirements and regulations of the Township.
Finally, for the reasons expressed in the foregoing conclusions of
law, the Applicant's request for a variance be and is hereby
denied.
LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
- 4
CERTIFICATE OF SERVICE
I, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors
for Lower Allen Township, hereby certify that on March ~ ,2001, I served a copy of the foregoing
Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt
requested, postage prepaid, addressed to:
Zoning Hearing Board of Lower Allen Township
Township Municipal Building
1993 Hummel Avenue
Camp Hill, PA 17011
Dennis J. Shatto, Esquire
CLECKNER & FEAREN
31 North Second Street
Harrisburg, PA 17101
Susan Kline
206 Locust Street
Camp Hill, PA 17011
Document #, 199552. ]
6
Lower Allen Township
VS.
Zoning Hearing Board of
Lower Allen Township
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1382 CIVIL 19
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
SS.
TO: Zoning Hearing Board of Lower Allen Township:
We, being willing for certain reasons, to have certified a certain action
between Lower Allen Township vs Zonign Hearing Board of Lower
Allen Township
pending before you, do cor~and 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 ConTnon 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
Constitution of this Cor~mDnwealth.
E. Hoffer,
the 9t.h day of
Cedified Fee
Return Receipt Fee
(EndorSement Required)
Restricted Delivery Fee
(~ndorsement Required)
Postmark
Here
P,$o
March
LOWER ALLEN TOWNSHIP,
Appellant
ZONING HEARING BOARD OF
LOWER ALLEN TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 01-1382 Civil
Civil Action - Law
Land Use Appeal
CERTIFICATE OF SERVICE
I, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors
for Lower Allen Township, hereby certify that on March ] ~ ,2001, I served a copy of the foregoing
Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt
requested, postage prepaid, addressed to:
Zoning Hearing Board of Lower Allen Township
Township Municipal Building
1993 Hummel Avenue
Camp Hill, PA 17011
Dennis J. Shatto, Esquire
CLECKNER & FEAREN
3l North Second Street
Harrisburg, PA 17101
Susan Kline
206 Locust Street
Camp Hill, PA 17011
Stev~
Document #: I9~552.1
SENDER: I also wish to receive the
following
(for
~ell~reci. Coflault postmaster for fee.
3. Article Addressed to: 4a. Artlcte Number
7099 3400 0018 5004 8136
1993 ~ AV~ [] Registered ~"Cert~dd
~ HIlL PA 1'70]'101 1382 [] Expreso ~ [] toaured
- [] R~um ~ fo, Me~/[] COD
8. Addressee'a AO~essi(O~l¥ if requested
6T'~igngtur~, (Addrea,4ee or Agent)
PS~3 ,O~m~er1994 ~-m.a-o~ Domestic Return Receipt
UNITED STATES POSTAL SERVICE .~,-~ | First-Class Mai~
{ eom~t No. e-~o
· Print your n~m~, adding,. ~'~d ZIP Co~ in th~
PROTHONOTAR~ ~FFi CE
CUMBERLAND CO COURTHOUSE
1 COURTHOUSE SQ
TABLE OF CONTENTS
Docket No. 01-1382
1. Writ of Certiorari
2. Notice of Land Use Appeal
3. Letter dated November 29, 2000 to The Patriot-News Company
4. Notice of Zoning Hearing Board Meeting on December 2l, 2000
5. Proof of Publication of Zoning Hearing Board Meeting
6. Application of Susan Kline, 206 Locust Street, Camp Hill, PA to go before the
Zoning Hearing Board on December 21, 2000
7. Memo of phone conversation between applicant, Susan Kline and John M. Eby,
Lower Allen Township Zoning Officer
8. Transcript from Zoning Hearing Board meeting held on December 21, 2000
9. Transcript from Zoning Hearing Board meeting held on January 18, 2001, a
continuation from the December 21, 2000 meeting. The decision was made at
this meeting.
10. Written decision for Docket #2000-16 - Susan Kline, 206 Locust Street, Camp
Hill, PA
11. Letter dated February 26, 2001 from John Eby to Board of Commissioners
Lower Allen Township :
VS. :
Zoning Hearing Board of :
Lower Allen Township :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-1382 CIVIL 19
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
SS.
TO: Zoning Hearing Board of Lower Allen Township:
We, being willing for certain reasons, to have certified a certain action
between Lower Allen Township vs Zonign Hearing Board of Lower
Allen Township
pending before you, do 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 Co~non 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 Conmonwealth.
WITNESS, the Honorable George E. Hoffer, P.J.
our said Court, at Carlisle, Pa., the 9th day of March
TRUE (.,OPY FROM RECORD
In Testimony whereof, I here unto set my ham
LOWER ALLEN TOWNSHIP,
Appellant
ZONING HEARING BOARD OF
LOWER ALLEN TOWNSHIP,
Appellee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. -t9 t -- ! 5 Ca.
Civil Action - Law
Land Use Appeal
NOTICE OF LAND USE APPEAL
Lower Allen Township, by its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., appeals
from the decision of the Zoning Hearing Board of Lower Allen Township, pursuant to the provisions of
Article X-A, Sections 11001-A through 11006-A, 53 P.S. Sections 11001-A through l1006-A, of the
Pennsylvania Municipalities Planning Code of 1988, (herein "MPC~), July 31, P.L. 805, No. 247, as
amended.
1. Appellant, Lower Allen Township, ("Township") is a first-class township duly
organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office
at Township Municipal Building, 1993 Hummel Avenue, Camp Hill, Cumberland County,
Pennsylvania, 17011.
2. Appellee, the Zoning Hearing Board of Lower Allen Township, ("Zoning Hearing
Board") is the duly constituted Zoning Hearing Board of Lower Allen Township, Cumberland County,
Pennsylvania with its principal office at Township Municipal Building, 1993 Hummel Avenue, Camp
Hill, Cumberland County, Pennsylvania, 17011
3. The subject property is improved with a dwelling and a detached accessory structure,
and is known as and numbered as 206 Locust Street, Camp Hill, Pennsylvania, 17011. The property is
owned by Mark Hilbert and Elizabeth Hilbert, who reside at 905 Eric Avenue, Mechanicsburg,
Pennsylvania, 17055, The applicant before the Zoning Hearing Board is Susan Kline, who resides at
Document #- 199552. I 1
206 Locust Street, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011.
The subject property is a residential lot in an R-l, single family established residential district, under
Chapter 220, Zoning, of the Codified Ordinances of Lower Allen Township (1997).
4. On or about November 14, 2000, Susan Kline ("Kline") applied for a special exception
for a use described as "office use to see clients for foot reflexology, energy therapy, ear candling, yoga
and meditation instruction."
5. The application of Susan Kline advertised for the following relief: (a) a special
exception from the provisions of Section 220-122(B)(2), and (b) a variance from the provisions of
Section 220-122(B)(9)(F) and Section 220-12 of the Codified Ordinances of Lower Allen Township, as
amended.
6. The applicant sought to establish a home occupation in an accessory structure for the
purpose of teaching yoga and meditation with the number of students exceeding four per class.
7. Hearings were held before the Zoning Hearing Board on December 21, 2000 and
January 18, 2001.
8. By Decision dated February 15, 2001, Zoning Hearing Board issued its Decision,
granting Applicant's request for a special exception for delivery of foot reflexology, energy therapy and
ear candling services, and for yoga and meditation instruction with a limitation of five classes per week
and ten persons per class. (See Exhibit A, Decision).
9. Zoning Hearing Board found that under Section 220-12(E), home occupation in
accordance with Section 220-122 is a permitted use within the R-1 district.
10. Zoning Hearing Board also found that applicant's proposed home occupation will have
clients or patrons at the site and will generate additional traffic, and that it therefore required a special
exception.
Document Il: 199552,1 2
11. Zoning Hearing Board found that applicam's proposed home occupation is not
specifically listed under 220-122(B)(9), but that it had similarities to listed home occupations. Zoning
Hearing Board went on to hold that applicant's use is deemed a home occupation under Section 220-
122(B)(9)(u) of the Codified Ordinances. Zoning Hearing Board further found that applicant had met
the conditions and criteria for a special exception and held that the proposed use was not detrimental to
the health, safety or welfare of the neighborhood.
12. Zoning Hearing Board also held that because the limitation of ten persons per yoga or
meditation class is a part or component of the use deemed by the Board to be a home occupation, the
applicam did not need a variance from Section 220-122(B)(9)(f).
13. Under the provisions of Section 908(3) of the MPC, 53 P.S. §10908(3), Township is a
party to the proceedings before the Zoning Hearing Board.
14. Medical type occupations are permissible home occupations under Section 220-
122(B)(9)(s). This section limits medical type home occupations to the professional offices of licensed
professionals.
15. Zoning Hearing Board also held that because the quasi-medical portion of applicam's
occupation was a permissible home occupation under Section 220-122(B)(9)(u), the applicant did not
need a variance from Section 220-122(B)(9)(s).
16. The action of the Zoning Hearing Board in granting the special exception to applicant is
arbitrary, capricious and abuse of discretion, and contrary to law in that:
(a) The zoning ordinance permits teaching or tutoring as a home occupation at
Section 220-122(B)(9)(t). It states specifically at Section 220-122(B)(9)(f) that a home
occupation shall include the following uses: (f) teacher or rotor, limited to no more
than four students at one time. Contrary to this Decision, the Zoning Hearing Board
Document #: 199552. I 3
held that the applicant's home occupation was a deemed use per Section 220-
122(B)(9)(u), "All other uses deemed as home occupations by the Zoning Hearing
Board."
Co) Zoning Hearing Board has erred in its decision by deeming a home occupation
with ten students to be permissible by not requiring the applicant to meet the criterion
of a variance in that the ordinance does permit teaching or tutoring, but no more than
four students at one time in that home occupation at Section 220-122(B)(9)(f).
(c) Section 200-122(B)(2) requires an applicant to have sufficient parking to
accommodate her clients or patrons. The Zoning Hearing Board erred in granting the
special exception, since the applicant's evidence showed that parking was inadequate
for ten (10) students per the Codified Ordinances.
(d) The action of the Zoning Hearing Board in not requiring the applicant to meet
the criteria of a variance from 220-122(B)(9)(f) is contrary to law, since the Zoning
Hearing Board must grant only the minimum relief required.
(e) The Zoning Ordinance permits medical treatment type services as a home
occupation at Section 220-122(B)(9)(s). Section 220-122(B)(9)(s) limits medical type
services that can be performed as a home occupation to professional offices of licensed
professionals. Contrary to this limitation, the Zoning Hearing Board held that the
applicant's home occupation was a deemed use pursuant to Section 220-122(B)(9)(u),
"all other uses deemed as home occupations by the Zoning Hearing Board."
(f) The Zoning Hearing Board has erred in its decision by deeming a home
occupation of medical treatment services by a non-professional to be permissible by not
requiring the applicant to meet the criterion of a variance in that the ordinance does
Document #: 199552.
permit medical services, but only when performed by a licensed professional at Section
220-122(B)(9)(s).
(g) The action of the Zoning Hearing Board in not requiring the applicant to meet
the criteria of a variance from Section 220-122(B)(9)(s) is arbitrary, capricious and an
abuse of discretion and contrary to law.
WHEREFORE, applicant, Lower Allen Township, prays your Honorable Court to reverse the
decision of the Zoning Hearing Board of Lower Allen Township, and dismiss the application of Susan
Kline for a special exception and/or a variance.
Respectfully submitted,
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Steven
I.D. No. 38901
3211 North Front Street
Post Office Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Solicitors for Lower Allen Township
TRUE (.,OPY FROM RECORD
in Testimony Whereof, I here unto set my hanO
and the seal ot' sato (~ou~ at Car, lisle, ,.
Document 8:199552 1 5
CERTIFICATE OF SERVICE
1, Steven P. Miner, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., Solicitors
for Lower Allen Township; hereby certify that on March c~ , 2001, l served a copy of the foregoing
Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt
requested, postage prepaid, addressed to:
Zoning Hearing Board of Lower Allen Township
Township Municipal Building
1993 Hummel Avenue
Camp Hill, PA 17011
Dennis J. Shatto, Esquire
CLECKNER & FEAREN
31 North Second Street
Harrisburg, PA 17101
Susan Kline
206 Locust Street
Camp Hill, PA 17011
St~en P Miner, Esqmr
Document #: 199552 1 6
IN THE M2%TTER OF
THE APPLICATION OF
SUS/LN KLINE
BEFORE THE LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
CUMBERLAND COUNTY, PENNSYLVA/~IA
DOCKET NO. 2000-16
DECISION GRANTING SPECIAL EXCEPTION
AND D~ING VARIAI~CE
The Applicant requests a special exception for a home
occupation, and a variance to allow her to teach more than four
students at one time. Hearings were held before ~he Board on
December 21, 2000, and January 18, 2001.
FINDINGS OF FACT
1. Notice of the hearing was properly advertised, the
subject property was posted, and all property owners required to be
notified of the hearing were notified in accordance with the
Codified Ordinances.
2. The Applicant is Susan Kline, who resides at 206 Locust
Street, Camp Hill (Lower Allen Township, Cumberland County),
Pennsylvania 17011.
3. The Applicant is a tenant in the subject property, which
is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who
reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania.
4. The subject property is a residential lot in an R~I
district, improved with a dwelling and detached accessory
- 1 ~
structure, and is known as and numbered 206 Locust Street, Camp
Hill, Pennsylvania.
5. The Applicant resides in the dwelling, and desires to use
the detached accessory structure to perform foot reflexology,
energy therapy and ear candling, and to teach yoga and meditation.
6. The Applicant will have no employees.
7. Only one person at a time will receive foot reflexology,
energy therapy or ear candling.
8. Applicant proposes a maximum of five classes of yoga or
meditation per week, with a maximum of 10 students in each class.
9. The Township of Lower Allen was represented at the
hearings by David H. Martineau, Esquire.
10. Mark Hilbert and Elizabeth Hilbert supported the
application.
11. No one else appeared at the hearings to testify either in
support of or in opposition to the requested relief.
CONCLUSIONS OF LAW
1. This Board has jurisdiction over an
special exception under Sections 220-223(B) (6)
the Codified Ordinances.
2. This Board has
variance under Sections
Codified Ordinances.
application for a
and 220-223(D) of
jurisdiction over an application for a
220-223(B) (5) and 220-223(C) of the
- 2
3. Under Section 220-12(E), a home occupation in accordance
with Section 220-122 is a permitted use within the R-1 District.
4. Since Applicant's proposed home occupation will have
clients or patrons at the site and will generate additional
traffic, it may only be permitted by special exception. Codified
Ordinances, Section 220-122(B) (2).
5. While the Applicant's proposed home occupation is not
specifically listed under Section 220-122(B) (9), it has
similarities to some of the listed home occupations, and in view of
the limitation to five yoga or meditation classes per week, with a
maximum of 10 students per class, is deemed a home occupation under
Section 220-122(B) (9) (u) of the Codified Ordinances.
6. The Applicant has met the conditions and criteria for a
special exception, and the proposed use is not detrimental to the
health, safety or welfare of the neighborhood.
7. Because the limitation to 10 persons per yoga or
meditation class is a part or component of the use deemed by the
Board to be a home occupation, the Applicant does not need a
variance from Section 220-122(B) (9) (f).
8. Applicant's request for a variance is also denied on the
basis that she has not satisfied the criteria set forth in Section
220-223(C) (1), (2), (3) and (5) of the Codified Ordinances.
DECISION
In view of the foregoing findings of fact and conclusions of
law, and in consideration of the testimony and evidence presented
- 3
at the hearings, the Applicant's request for a special exception
for delivery of foot reflexolo~y, energy therapy and ear candling
services and for yoga and meditation instruction with a limitation
of five classes per week and 10 persons per class, be and is hereby
approved. The Applicant shall maintain strict compliance with the
testimony and evidence presented to the Board. This decision
constitutes approval of only the use proposed by the Applicant and
defined herein, and does not relieve the Applicant from compliance
with all ordinances, requirements and regulations of the Township.
Finally, for the reasons expressed in the foregoing conclusions of
law, the Applicant's request for a variance be and is hereby
denied.
LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
Date:
- 4
CERTIFICATE OF SERVICE
I, Steven P. Miner, of the law firm of Metzger, Wic~kersham, Knauss & Erb, P.C., Solicitors
/)
for Lower Allen Township, hereby certify that on March ~ , 2001, l served a copy of the foregoing
Notice of Land Use Appeal by depositing same in the United States mail, certified mail, return receipt
requested, postage prepaid, addressed to:
Zoning Hearing Board of Lower Allen Township
Township Municipal Building
1993 Hummel Avenue
Camp Hill, PA 17011
Dennis J. Shatto, Esquire
CLECKNER & FEAREN
31 North Second Street
Harrisburg, PA 17101
Susan Kline
206 Locust Street
Camp Hill, PA 17011
Document #: 199552 1 6
TOWNSHIP
1993 HUMMEL AVENUE · GAMP HILL, PENNSYLVANIA 17011-5983
November 29, 2000
Rosalyn Holton
% The Patriot-News Company
Classified Legals
P.O. Box 3565
Harrisburg, PA 17105-3565
Dear Ms. Holton:
Please place the enclosed Public Meeting Notice in the Legal Notice Section of
the WEST on Tuesday, December 5, 2000 and Tuesday, December 12, 2000.
The bill and proof-of-publication should be sent to this office.
/sd
Enclosure
Sincerely,
Raymond E. Rhodes
Township Manager
Phone: (717) 975-7575 · Fax: (717) 737-4182 · http:llwww, lower-allen.pa.us
NOTICE is hereby given that the Zoning Hearing Board of Commissioners of Lower
Allen Township, Cumberland County, Pennsylvania, will hold a Public Hearing on
Thursday, December 21, 2000 at 7:00 p.m., at the Lower Allen Township Municipal
Building, 1993 Hummel A,~enue, Camp Hill, Pennsylvania, to consider:
Docket #2000-16 The application of Susan Kline, 206 Locust Street, Camp Hill,
PA requests a special exception from the provisions of Section 220-122(B)(2),
and a variance from the provisions in Section 220-122(B)(9)(f) and Section 220-
12 of the Codified Ordinances of Lower Allen Township as amended (Herein
"Ordinances"). The applicant wants to establish an office use in the R-1 zoning
district for a home occupation in an accessory structure with the number of
students exceeding 4.
Any matters of general business to deliberate upon any such matters which are
pending before the Board of Commissioners and which are appropriate for
consideration at a public meeting.
By Order of Lower Allen Township
Zoning Hearing Board of Commissioners
Raymond E. Rhodes
Township Manager
Board of Commissioners
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 5th and 12th day(s) of December 2000.
That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that
all of the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County~of Dauph~ in Miscellaneous Book "M",
Volume 14, Page 317. I,(,.~,~.,.,~/ r,~j~
CO PY Sworn to and subscribe ~/efor~ ~is 13th er 2000 A.D.
~ ~ Em~ Ju~6, ~ ~ARY PUCLIC
M~ ~~t~N~ ~ commission expires June 6, 2002
LOWER ALLEN TO. SHIP
A~N: MICHELLE CHESTNUT
1993 HUMMEL AVENUE
CAMP HILL, PA. 17011
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 100.82
$ 1.50
$ 102.32
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
LOWER ALLEN TOWNSHIP ZONING HEARING BOARD
Relief Sought: (t/) Special Exception ( ) Variance ( ) Appeal from decision of
(Complete See. 1) (Complete Sec. 2) Zoning Officer/Other
(CompLete See. 3)
Attach additional sheets if necessary to adequately explain thc request.
1.Special Exception
A. Section of Zoning Ordinance: -- --
2. V~ance
A. Section of Zoning Ordinance:
B. This request for a variance relates to:
Area: Use: Setback:
C. Describe requested change:
Height: Other:
D. The following unique conditions are applicable to this property:
E. State the hardship that exists:
3. Appeal from decision of Zoning Officer/Other
A. Section of Zoning Ordinance:
B. Describe request:
C. Date of decision of Zoning Officer:
List attachments: Site Plan /Yes No
Other: ~-e~ m
Certification by Applicant
I hereby cgrtify that all of the above statements and any statements contained in attached documents
pl~-s-a~j~fi~e and correctfi3o the best 9f my knowledge, information and belief.
~ v -Signature of Applfcant Date
and
OF¥ICg USE ONLY
Application Filed:
FoePaid:$
Dar0 of Zoning Hearing Boarc[ M~ting:
Notice was advertised on: I
Notice was sent to applicant on:
Notice was sent to property owners
Property was posted on:
Transcript was received on:
Decision was received on:
D~ision was sent to Applicant
Clients are seen on a one to one basis. I allow a minimum of 15 minutes between each
client so there is adequate time for one client to leave before the next is due. I have adequate
parking to accommodate this flow. The driveway can fit four cars.
Yoga and meditation classes are held in the evenings. I have permission to use the rear
parking lot at Lower Allen Elementary school during offhours. My classes will be scheduled so
that there is no conflict with school activities. I expect to be teaching two classes a week. Class
size averages 6-10 people. The maximum may be 15 to 20. I'm not sure the space will
accommodate that many people.
Borro'~er/Client
_P_rope,,rty Address ~
City ~,~ ,~',~ ~//
Lender
County
State
File #
Zip Code
BUILDING SKETCH
LOW'El% AT,r.~,N TOWI~SltIP
lWen~o To File
~emo To
Phone Log
Person:
Telephone:
~ee~
D~:
Lo~o~:
A~dees:
LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
IN RE: 1.
Docket 2000-16, Susan Kline,
special exception and
variance
Stenographic record of hearing held at the
Lower Allen Township Administrative Building,
1993 Hummel Avenue, Camp Hill, Pennsylvania
Thursday
December 21,
7:00 p.m.
2000
~EMBERS:
Burton Reisman,
Kevin Garrick
Chairman
LEARY REPORTING
112 West Main Street, Ste.
Mechanicsburg, Pennsylvania
20O
17055
(717) 233-2660 Fax (717 691-7768
APPEARANCES:
CLECKNER AND FEAREN
111 Locust Street
Harrisburg, PA 17101
BY: DENNIS SHATTO, ESQ.
(717) 238-1731
For the Board
METZGER, WICKERSHAM, KNAUSS &
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
BY: DAVID H. MARTINEAU, ESQ.
(717) 238-8187
For the Township
ERB
ALSO PRESENT:
David Altland - Codes Administrator
INDEX
DOCKET
2000-16
PAGE
4
DECISION
PAGE
APPLICANT'S
1
E X H I B I T S
(Not Attached)
DESCRIPTION
Photographs
MARKED
7
4
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
PROCEEDINGS
CHAIRMAN REISMAN:
Township Zoning Hearing Board will
order.
Mr. Chairman.
business,
2000-16.
Street,
Hill,
Hilbert.
The Lower Allen
now come to
Do we have any old business?
MR. ALTLAND: Not that I'm aware of,
CHAIRMAN REISMAN: Being no old
let's take the business on hand.
The board will now hear Docket No.
Property address:
Camp Hill, Pennsylvania.
Applicant's name:
Phone number:
Address: 206
Pennsylvania.
Property owner:
Phone: 697-8855.
Owner's address:
Mechanicsburg, Pennsylvania.
Present use:
Relief sought:
206 Locust
Susan Kline.
761-8419.
Locust Street, Camp
Mark and Elizabeth
905 Eric Avenue,
Sin~le- family home.
Special exception.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section of
which should be Section
Section 220-12.
Describe proposed use:
to see clients for foot reflexology.
and yoga
the zoning ordinance,
220-122 (B) (9) (F) and
Office use
Is that right?
MS. KLINE: Yes.
CHAIRMAN REISMAN:
MR. ALTLAND: Ear
CHAIRMAN REISMAN:
Energy therapy.
candling.
Ear what?
MR. ALTLAND:
CHAIRMAN REISMAN: Oh,
and meditation instruction.
Ear candling.
ear candling
Site plan is present and pictures.
And it's signed by Susan S. Kline, 11/14/00.
Mr. Altland, will you raise your
right hand please?
DAVID ALTLAND, having been duly
sworn, was examined and testified as follows:
zoning
CHAIRMAN REISMAN: Are you the
officer for Lower Allen Township?
MR. ALTLAND: Yes, I am.
CHAIRMAN REISMAN: Has this
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
application been duly advertised?
MR. ALTLAND: Yes, it has.
CHAIRMAN REISMAN: Have the property
owners surrounding this property been notified?
MR. ALTLAND: Yes,
CHAIRMAN REISMAN:
this application posted on
MR. ALTLAND: Yes,
CHAIRMAN REISMAN:
they have.
And is a copy
said property?
it is.
And thank you.
of
Ms.
sit over here,
comfortable.
comfortable.
Tell us
to do it.
Kline, you can either sit there,
stand at the mike, wherever you're
That's all right, wherever you're
Now, you want to do a lot of things.
what you want to do and how you are going
MS. KLINE: This space that I want
to use was already existing. It was used as --
for furniture refinishing prior -- maybe probably
over a year or so ago.
for a business there.
you
I know it was approved
CHAIRMAN REISMAN: May I interrupt
for a minute? We have photos here. I'm
going to ask our solicitor if he'll mark these
for your exhibits. And when you speak and
7
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
describe your property, you can describe from the
pictures and we'll understand what your property
consists of.
MS. KLINE:
Chairman.
sorry.
please?
Okay.
COURT REPORTER: Excuse me, Mr.
We need to swear her in.
CHAIRMAN REISMAN: Oh, yeah.
I was in a hurry here.
Will you raise your right hand,
I'm
SUSAN KLINE, having been duly sworn,
was examined and testified as follows:
CHAIRMAN REISMAN:
your name and address for the record?
MS. KLINE: Susan Kline.
206 Locust Street, Camp Hill.
CHAIRMAN REISMAN:
MR. SHATTO: Ms.
testimony you have given already been
MS. KLINE: Yes.
(Applicant's Exhibit 1,
marked for Identification.)
MR.
Will you state
I live at
Thank you.
Kline, has the
truthful?
Photographs,
SHATTO: I'm going to mark a set
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
of photographs
Exhibit 1. It's three photographs.
the board members have copies -- a
them. Maybe for our record
what these show for us and
photographs as the top,
go along.
as Exhibit 1 -- Applicant's
And I think
photocopy of
if you could describe
just refer to the
middle, or bottom as you
Well, the top photo
I live. There's
this driveway.
The middle picture shows -- it's
So you have to cross
MS. KLINE:
the single-family home where
room there for four cars in
fenced yard.
get to the back building. And it
building that I want to use to see my clients
hold my classes.
And the bottom picture is just a
better picture of the -- that existing building.
CHAIRMAN REISMAN: Did you say in
the middle picture there's a fence?
MS. KLINE: Yeah. You can't see it
a
the deck to
shows the back
and
In the bottom picture,
It's an enclosed
yOU can see a
area.
real well
yard.
MR. GARRICK:
fence there.
in this picture, but it is a fenced
9
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
behind me
swimming pool; but you can see
CHAIRMAN REISMAN:
that belong to your property?
MS. KLINE: Yes, yes.
existing.
MS. KLINE: Yeah.
also has a fence, because
it.
That
CHAIRMAN REISMAN: And the building
that yours also? Does that
the middle picture
that belong to you?
Um-hum.
the building
confused.
tree.
behind the
That isn't dividing the property or anything,
it?
MS. KLINE: That building, yes.
MR. SHATTO: Are you referring to
right in the center of the photo?
MS. KLINE: Yeah. I'm a little
CHAIRMAN REISMAN: Yeah.
MS. KLINE: It's right behind the
CHAIRMAN REISMAN: Yeah, right
tree here in the bottom photograph.
What is the purpose of that fence?
is
The property
they have a
fence, does
That was
behind the fence, is
belong to your property? In
or the bottom picture, does
10
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was
No. I think the fence
MS. KLINE:
originally put up for a dog.
CHAIRMAN REISMAN:
anything?
No.
property designation or
MS. KLINE:
had that installed.
CHAIRMAN REISMAN:
I'm sorry for interrupting you.
Oh, it hasn't any
The previous owner
Okay. Go ahead.
you want
pictures,
classes?
MS.
to know about it.
CHAIRMAN REISMAN:
where
KLINE: I'm not sure what else
In these
are you going to hold your
MS. KLINE: In this back -- in the
back building behind the house.
CHAIRMAN REISMAN:
building?
MS. KLINE: Um-hum.
CHAIRMAN REISMAN:
residence isn't
MS.
residence.
CHAIRMAN REISMAN:
your residence?
MS. KLINE: Yes.
In the back
And your
going to be used for anything?
KLINE: No. That's strictly my
That's strictly
11
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
building?
CHAIRMAN REISMAN: How big
Do you have any idea?
MS.
square feet.
measurements,
is that
KLINE: It's about a thousand
I don't have the exact
but that's pretty close.
CHAIRMAN REISMAN: What was
building used for?
MS. KLINE:
refinishing.
they did it,
that
It was for furniture
facilities in that building like
bathroom?
MS. KLINE: Yeah.
room and heat, fire alarm, lights.
with everything that's needed.
CHAIRMAN REISMAN:
use -- according to
use this structure
Exhibit 3 as
MS.
see my clients.
basis.
CHAIRMAN REISMAN: So that's where
in that little building?
MS. KLINE: Um-hum. Yeah.
CHAIRMAN REISMAN: Are there
commodes and a
There's a powder
It's equipped
You want to
your application, you want to
that we're discussing on
an office also?
KLINE: Yes. Basically, it's to
I see clients on a one-on-one
I rented space out in Dillsburg before at
12
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
a chiropractor's
reflexology and
where I'm seeing
office where I do foot
something called energy therapy
clients on a one on one. So
that's what I meant by office.
MR. ALTLAND: Mr. Chairman, the one
item that is called out here on the notice,
Section 220-122 (B} (9) (F) , refers to teacher or
tutor. I think we need to clarify if she's
treating clients or if she's teaching clients.
There is a difference.
MS.
MR.
MS.
one with clients,
clients. You might
therapist would do,
feet. Or when I
little different.
KLINE:
ALTLAND:
KLINE:
Well, it would be both.
Both?
Well, when
I work one on
basically, I'm treating
think of what like a massage
but I'm just focusing on the
do energy therapy, that's a
We either do table work or
we're sitting
then I teach classes.
and meditation.
there talking. And then when --
I teach classes on yoga
MR. ALTLAND: Do you
do the same thing that you do?
MS. KLINE: Well, the
I do is with
teach people to
only teaching
the yoga and meditation. I don't
13
1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
teach reflexology, and I don't teach energy
therapy. But I teach yoga and meditation. So
basically, I'm leading the class, teaching people
how to meditate.
MR. ALTLAND: Okay. I think we're
still not getting a real definite dividing line
there between office -- what I'm looking at is an
office as in a chiropractor, a medical
practitioner, a massage therapist, you know, an
office where you come in there and you may be
told what you need to do or you come in there for
treatment, whereas, teaching and you're one on
one or you're teaching six or eight people at one
time. You stand up, and you give instructions
and tell how it's to be done. And that's it.
They don't come back to see you every week
regularly.
I think I'm trying to really
determine if it's really an office or if it's
really a teacher/tutor situation, because there
is a difference, because a teacher/tutor
situation is what has the limit of no more than
four students at one time. An office -~ if you
look at the different offices down through here,
real estate, manufacturer, dress making,
14
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
secretarial work, home crafts, home cooking,
computer program, word processing, these are all
home occupations. But there's really nothing
there that I see -- unless I'm missing it,
there's nothing there of the nature -- oh, I'm
sorry.
doctor,
Hers it is, S, professional office of a
dentist, chiropractor, psychiatrist, or
other medical services. There's no limit on the
number of people you can have.
So I think it's important that the
board can determine whether you are a teacher or
a tutor or whether this is kind of a
quasi-medical office where you are treating
people and it's to be treated that way. There's
nothing specifically addressing what you do.
MS. KLINE: Right.
MR. ALTLAND: But they have
at
guess,
little
you want to
it and try to fit it in here somewhere.
MS. KLINE: Right.
MR. ALTLAND:
I'm kind of being
bit more
do,
MS. KLINE:
to look
to determine exactly where what
where it's going to fit in.
Well, I'm kind of
two
feeling like I'm probably fitting in
So that's why, I
I'm trying to dig a
15
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
categories. So I'm not sure where you want to
put me. I would be asking for an exception with
the maximum of four people. My classes generally
run -- I would say it could run 6 to 15 people
possibly. It really varies depending.
variance
special
to get a
MR. ALTLAND: I think you want a
of the limitation of four people. The
exception is -- in other words, you have
special exception because of the fact
that you meet the requirements under
220-122 (B) (2) where that states that where you
have employees, clients, patrons, or patients at
a site and which generate additional volume of
vehicular or pedestrian traffic or trash, display
or signage or require additional off-street
parking areas shall only be permitted within the
R-1 and R-2 districts by special exception.
So if you have people coming there,
then that proves you're in the category and you
must have a special exception.
that is the special exception, to
business there. But if you want
than four clients or four students
then you need a variance to
limits you to no more than
So that is
have the
to have more
at a time,
Section F where it
four at one time.
16
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
MS. KLINE: That sounds good to me.
MR. ALTLAND: And I don't know if
that was explained to you that way or not. I
know it is not written up properly.
And, gentlemen, I apologize for
that. I did not see this before it was put out.
I'm going to attempt again, as I had done before,
to be very specific in our department that these
need to be examined very closely before they are
mailed out and advertised.
It was not advertised in a proper
manner. In other words, the way it reads, the
second line there, it says "requests a special
exception from the provisions of." It should not
say "from the provisions of." It should say "per
the section." So I need to get -- that's a
problem -- an internal problem we have to get
straightened out. But I don't see any reason in
holding this up because of something that was
done there.
MR. SHATTO: It does sound like you
have -- really it's two different uses, if you
will. You teach yoga and meditation, and you
would consider the people that come in for those
classes to actually be students. Isn't that
17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
15
17
18
19
20
21
22
23
24
25
correct?
a one-to-one basis
therapy.
MS. KLINE:
MR. SHATTO:
the
MS. KLINE:
MR. SHATTO:
treating those folks.
MS. KLINE:
MR.
license that you
MS.
MR.
Yes, they are.
But then you also do
reflexology and energy
on
Right.
So you're actually
Right.
Is there some kind of
SHATTO:
have to perform those?
KLINE: No. It's not necessary.
SHATTO: But that's more -- I
take
in some sense similar to medical
MS. KLINE: I don't
it you would regard that more as treatment
treatment?
like to use
medical treatment. I'd probably say preventative
or in assisting people in maintaining their
health,
massage
similar to massage,
therapist would do.
MR. ALTLAND:
fingers pinched in
"medical."
MR.
MS.
the door
SHATTO:
KLINE:
similar to what a
You could get your
if you use the term
Yeah.
Right. I don' t
18
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
prescribe.
therapy?
massage.
therapy?
MR. SHATTO:
MS. KLINE:
I do strictly
MR. SHATTO:
MS. KLINE:
MR. SHATTO:
massage therapy is not
Do you also do massage
No, I don' t do full body
foot reflexology.
Reflexology and energy
Right.
I don't think --
specifically listed,
although somewhere --
MR. ALTLAND:
another area.
It is addressed in
Massage therapists currently must
be licensed by a -- go through
program. There are background
police department and so forth
a licensing
checks by the
for massage
therapists
CHAIRMAN REISMAN:
ALTLAND: No.
You know, that it
MR.
massage parlor.
physical -- a therapy type thing,
rather than a massage parlor as we
MR. SHATTO: Section
actually
is
just to make sure that it is a --
Massage parlor.
It's not a
is a
a massage,
all know.
122 (B) (9) (U)
says that even though a particular use
not specifically listed under Subsection 9,
19
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
the board has the power to deem the use to be a
home occupation. So that's something that you'll
have to contemplate as to whether or not the foot
reflexology and energy
of treatment as opposed to educational
be permitted as a home occupation.
were,
it' s
power
therapy fits in the nature
and would
CHAIRMAN REISMAN:
then we could use
MR. SHATTO:
own category for it,
under Subsection U.
If that
Yeah.
(9)(S).
Yes, or just create
because you have that
Of course, I guess in
the sense
really treatment
of the customer,
the service.
property,
to you?
you're in
of a hair salon and barbershop is not
either; but you are taking care
so to speak, who is paying for
You don't actually own this
do you?
MS. KLINE: No. I'm renting it.
MR. SHATTO: You're a tenant?
MS. KLINE: Um-hum.
MR. SHATTO: Are the owners related
MS. KLINE: My parents.
MR. SHATTO: Are they aware that
here asking for this relief?
20
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. KLINE: Um-hum.
MR. ALTLAND: Do you have any
document -- documentation with you as a lease
agreement or some agreement, some document that
they may have issued that really gives you legal
standing to request this for their property since
they did not sign. They did not cosign the
application.
MS. KLINE: I wasn't aware that it
was needed. And we don't even have -- we don't
have a signed lease.
MR. SHATTO: You don't have a
written lease?
MS. KLINE: We don't have a written
lease. It's a --
MR. SHATTO: A verbal
MS. KLINE: Yeah.
MR. SHATTO: We didn't
lease?
talk about
the ear candling, I don't think. Is that
something that you also would be doing?
MS. KLINE: Um-hum.
MR. SHATTO: Is that a one on one?
MS. KLINE: That's one on one.
MR. SHATTO: What is that?
CHAIRMAN REISMAN: What is that?
21
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
MS. KLINE:
asked question. What it
candle. And one end of it
the ear at the opening of
other end is
a vacuum, and
will draw out
people who have a lot of
problems have found -- I
That's probably my most
is, is you use a hollow
is placed just inside
the ear canal, and the
lit. And what happens is it creates
it draws out any impaction.
the sinuses, throat area.
So it
And
sinus problems or ear
had a woman who had
relief
actually a very ancient method.
from an equilibrium problem. So it's
The Egyptians
used it. The Hopi Indians used it.
MR. SHATTO: Do you need any
particular
candles are
license or certification to do that?
MS. KLINE: No. You can buy -- the
available in most health food stores.
People can do it themselves, but I just offer it
because it's easier to have somebody else do it.
MR. SHATTO: And you're saying your
classes would not exceed 15 students?
MS. KLINE: I'm not going to promise
it; but generally -- I mean I just know how
they've been in the past, because I've been
teaching for about four to five years now. I've
taught in Mechanicsburg and Harrisburg. And you
22
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
know, I
average.
ask you
I'm not
may want
just generally know how they run. That's
MR. SHATTO: If
to tell us a maximum
speaking for the board.
to set some number.
MS. KLINE: Well,
the board were to
they may want --
But the board
actually,
spacewise there would have
I can only fit so many people in
I haven' t tested it out yet,
seeing how the space works;
would
space
would
really be pushing it
that's needed. So I would imagine --
imagine a comfortable limit would be
to be a limit, because
that room. And
you know, just
but I think 20 people
just for the floor
I
15.
That might even --
picturing it, that
even pushing it.
I mean just sitting here
could even be -- that might be
sit or stand?
CHAIRMAN REISMAN: Do your students
laying down.
enough space
and move because they are doing
movement.
CHAIRMAN REISMAN:
MS. KLINE: We're sitting. We're
We're standing up. There has to be
for people to, you know, lay down
stretching and
How many times a
23
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
week
one
that?
do you hold these classes?
MS. KLINE: I've gone anywhere
class a week to five classes a week.
CHAIRMAN REISMAN:
MS. KLINE: Usually,
like to run a class every day.
CHAIRMAN REISMAN:
with the same people?
MS. KLINE: No,
would be different people.
CHAIRMAN REISMAN:
every section?
section,
running
from
What determines
response. I'd
Would that be
not necessarily. It
Different people
hold these
during the
all of them anyway due to their
CHAIRMAN REISMAN: You mean -- you
classes and this clinic more or less
daytime hours?
can't make
schedules.
means I'm offering morning classes and I'm
offering evening classes. So generally, people
if I'm
either sign
or an unlimited number.
come to -- but then that
MS. KLINE:
yeah. What I normally do is
classes every day is they can
up for one class a week
So that means they can
It could be every
24
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
What
classes
llke to
and two morning classes.
do. And then, you know,
MS. KLINE: I have evening hours.
I'm hoping to do is have three evening
That's what
the
clients
by
are usually more during the
CHAIRMAN REISMAN:
appointment?
MS.
only.
definitive numbers
use the Lower Allen
for overflow,
the driveway.
your car?
I'd
one-on-one
day.
Do they come in
KLINE: It's by appointment
MR. GARRICK: We do need some
from you, though. I see you
Elementary School parking lot
and you have space for four cars on
Is that including or excluding
MS. KLINE: Including my car unless
I park somewhere else, around the corner.
MR. GARRICK: I'm groping here to
come along with you; but we do need real numbers
from you, not suppositions and not guesses.
MS. KLINE: As far as the number of
students?
MR.
maximum/minimum,
start
GARRICK: Let's get back to the
this sort of thing. If you
talking about 20 people and that's going to
25
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
bring in something like 8 to 10 cars, we've got
to have something from Lower Allen Elementary
School, because
permission for
MS.
if you were to say you have
that from us, that's not true.
KLINE: Well, I've spoken to
the
elementary school, and I've spoken -- I forget
the gentleman's name that I spoke to at the
elementary school about that. And I was assured
that as long as there was no conflict with their
schedule with their events that they wouldn't
have a problem with it, because they're --
they're just catty-corner -- their back parking
lot is just catty-corner from me.
MR. GARRICK: Well, I think you
would almost have to have something in writing.
And on the application, it says that
you're going to provide consent at the hearing
from your parents on this; and we have nothing
here from the property owner. And I guess this
is all right. I'm sure it's all right. But we
have nothing, you know, in writing telling us
that they own the property and they're in
agreement with what you want to do.
So I'm dangling, to be honest with
you. I'm floating here trying to -- I want to go
26
1
2
3
4
5
6
7
8
9
10
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
along with you as much as we can;
side of the coin is
area. And there's
but the flip
R-1 is our most restrictive
already enough violations on
it now without us bringing in more.
I'm setting
you were going to provide consent from your
parents at the hearing saying that they accept
what you want to do. And I would think from the
school, the principal, whatever, that in essence
you've
with it.
MS. KLINE:
MR. SHATTO:
discussed this and they see no
Right.
Do you know what
square footage of the dwelling is?
Chairman,
MS.
MR.
that's
KLINE: No, I don't.
ALTLAND: That's
one item I wanted
also, the solicitor's
the existing dwelling.
precisely
the floor
question about
We're going to have to
conflict
the
to bring up
the area of
the size of
area of the
know
this accessory building and
existing dwelling, because
the stage for you.
MS. KLINE: So what do you need?
MR. GARRICK: Well, it says --
again, on the application, it says the fact that
27
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the one section in here in talking about
(B) (3) says, "The area used for
home occupation shall involve a maximum of 25
percent of the total floor area of the dwelling
excluding
you thought
square feet.
exceed 4,000 square
going to find that.
MS.
doesn't do that.
it,
the practice of a
attached accessory structures."
So the way I read that is you said
it was approximately a thousand
That means the house would have
feet.
to
I don't think we're
KLINE: Well, it definitely
to
MR.
know exactly the
building
house.
ALTLAND: So we're going to have
size of this accessory
size of the existing
it
and the exact
Well, I can tell
percent.
yOU now
MS. KLINE:
doesn't meet that 25
CHAIRMAN REISMAN: You know, I'm
ALTLAND: I believe there are
John Eby is the one that had
before in the office. And there
going to
MR.
comments here.
spoken to her
are comments
Eby believes
there that make me believe that John
that there are uses or something has
28
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
transpired on the property without previous
approval, without a permit.
conversion of the building,
construction of the building,
was told that it was a garage
a garage.
Whether it was the
whether it was the
I don' t know. I
-- that it had been
CHAIRMAN REISMAN: It could
the refinishing of furniture.
MR. ALTLAND: And then
been the
plumbing
installation of the powder
facilities. I don't
a suggestion,
doesn't want to
facts.
have
CHAIRMAN REISMAN:
Dave and Ms. Kline. This board
turn you down without knowing
it could have
room, the
know.
I'm going to make
everybody the benefit
all we can, because we
problem with you.
MS. KLINE: Okay.
CHAIRMAN REISMAN: We like to give
of the doubt and help them
know it's a serious
If you were inclined to agree with
me, we will defer this until next month, defer
this hearing. And I would suggest that after
holidays, you make an appointment with Dave and
you come down and he'll help you set this thing
the
the
29
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
up so that when you come
have all the data that this board needs to
you. That would be my suggestion.
back in January, we'll
help
Otherwise, with what we have
now, there's no way in Lord's
ever give you what you want.
deny your application. And
right
name that we could
We would have to
that wouldn't be
actually fair,
want and you
yourself.
I want.
aren't too sure
because we don't know what you
of what you want
people you're
doing, like a
from the school.
MS. KLINE: oh,
I know exactly what
CHAIRMAN REISMAN: But there are
to
testify,
-- they could be here at
CHAIRMAN REISMAIN:
the hearing and testify.
MR. ALTLAND: And they could
your parents, one or the other or both,
They could come to the
things I was going
the hearing now.
They could come
hearing.
to
MR. ALTLAND:
That's one of the
certain -- not that we disagree or disbelieve
you, but we have to have the knowledge that the
speaking of agree to what you're
note from your parents or a note
30
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and a
representative of the school. Or you could
have a letter from the school, you know
addressing the parking. It sounds like we're
note
talking about a
MS.
going,
KLINE:
from your mommy and daddy.
Yeah, and sitting here
oh, my God.
MR. ALTLAND:
But it's a
In other words, the property
and they have to give you legal
it legal for you to address and
their property.
MS. KLINE: Did you say that
were sent a letter, the owners were sent
thought you had addressed that
they
MR. GARRICK: The
property owners were.
issue.
name;
make
on
legal
is in their
standing~ to
request this
owner?
they
I
earlier that
surrounding
Probably not.
send the
MS. KLINE:
property owner a letter?
MR. SHATTO:
So you didn't
CHAIRMAN REISMAN: The property
owners 300 feet from your property must be
notified of what you're going to do.
MS. KLINE: Oh, not the property
31
1
2
3
4
5
6
7
$
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
because
property.
CHAIRMAN REISMAN: No,
they don't live within 300
MR. ALTLAND:
the application either.
cosigned the application,
probably not,
feet of your
received a copy just
MR. SHATTO:
have the actual dimensions
too,
like everybody else did.
It would be good to
of the structures,
if you could just measure them.
MR. GARRICK: Well, I'll just go out
on a limb and say I don't think it's prohibited
because
clause.
exists.
percentages, whether you
something else going on
that building exists,
The building is there.
MR. ALTLAND:
like a grandfather
Yes, the building
But what we need to know, the
determine there was
there and you can at
least get it in writing and say, okay, it exceeds
the 25 percent, but we had previously allowed it,
there was a previous zoning hearing board
request, there was
the zoning officer,
something
a previous permit issued by
by the building department,
that established it.
Just because it is there doesn't
And they did not sign
If they would have
yes, they would have
32
1
2
3
4
5
6
7
8
9
10
i1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
make it legal.
been -- and it happens
township. People will
It may have --
all the
fix up
garage or something like that,
little hobby in. You know,
out little wood ornaments.
you know,
make one
on in a
happens
it may have
time in the
a building, a
and they move a
somebody is carving
And the first thing
he's got the neighbors wanting him to
and he's got a full-blown business going
a couple
need to
times a month we run
establish the legal --
And, you know, if there was a previous home
occupation -- you know, if there was a previous
I want to say the legal groundwork for the
business, the previous business that was there.
home occupation and there were no
that's one thing. But when there
size, you know, we have
MR. SHATTO:
limits on size,
are limits of
to take a look at that.
Maybe we could ask a
few questions about that while we're
tonight.
property?
here
How long have your parents owned the
month. Sometimes
into these things.
So we
little shed in the back yard. And it
all the time. I see it at least once a
33
6
7
8
9
l0
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
year .
less than
possibility,
They bought
there was a
your parents
purpose?
MS. KLINE: I know it's been over a
SHATTO: So you think it was
MR.
two years, though?
MS. KLINE: That's a good
that it's been less than
it on foreclosure. And I
furniture refinishing --
MR. SHATTO: Was that something that
conducted or leased for that
two years.
know that
MS. KLINE: No. They didn't own it
at that point.
MR.
some kind of
SHATTO: So the prior owner had
MS. KLINE: But the prior
a business out of it doing furniture.
Old -- let me think of the name.
MR. ALTLAND: Is he
the shop down beside the pizza shop on
Road?
it closed. It was old
Old World Refinishing,
MR.
owner ran
It was
It was Old --
the one that has
Gettysburg
MS. KLINE: No. When that closed,
-- I think Old World --
I think, it was called.
SHATTO: Did he have signage on
34
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
the structure back
MS.
on the structure. I
have been one on the
Maybe not. Maybe it was
truck that was parked out
driveway was expanded, to
there that you know of?
KLINE: No, there wasn't a sign
think there -- there may
fence, but I'm not sure.
just -- I know he had a
front. That's why the
accommodate the truck.
And I know
maybe --
this
there was a sign on the
truck. So
MR. ALTLAND: There's no trail in
I want to tell
file on that stuff.
CHAIRMAN REISMAN:
you something. I lived
years; and I never knew
Bar.
of me,
remember
right above them for 50
-- I used to own Moe' s
MS. KLINE: Okay.
CHAIRMAN REISMAN:
I'm listening to you talk
MS. KLINE:
And for the life
and I can't
seeing that?
You don't remember
CHAIRMAN REISMAN: ~- a furniture
finishing place back --
MS. KLINE: I don't think it
really -- it probably didn't really jump
out at
35
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
you.
seen was the truck sitting in the driveway.
MR. SHATTO: When do you think
was last used for that purpose?
The only thing that you really would have
it
MS. KLINE:
MR. SHATTO:
MS. KLINE:
MR. SHATTO:
It' s been a few years.
A few years?
Yeah.
Do you know the
fellow's name that ran that?
MS. KLINE: Yes.
S-t-r-a-h-o-s-k-y.
MR. SHATTO:
owner of the property?
MS. KLINE:
MR. SHATTO:
James Strahosky,
And was he the prior
Yeah.
Do you know what kind
that he had
there.
approval to
MR. SHATTO:
building was built?
Well, I thought he had
I know he got approval
And maybe I'm assuming
actually run a business
Do you know when the
to build the building.
MS. KLINE:
through -- because
to go
of
you mentioned earlier that you
some kind of relief there.
approvals he had, if any, for that? I think
thought there was
36
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
MS.
five years ago.
MR.
MS.
KLINE:
I'd be willing to say
GARRICK:
KLINE: Um-hum.
Is that all?
CHAIRMAN REISMAN: I
come before the board.
MR. GARRICK:
front of us anyway.
CHAIRMAN REISMAN:
guarantee. The other
sure. But I know he
as far as
MR. SHATTO: The building in
rear that you would plan to use, is that
same condition now as it was when Mr.
vacated?
know he didn't
in it now,
He didn't come in
kept. I'll
buildings,
That I can
part I can't. I'm not too
didn't come before the board
the accessory building is concerned.
the
in the
Strahosky
MS. KLINE:
No, no. It has carpet
the walls are painted basically.
It looks very well
think they're attractive
conform.
It is. It is a
and
MR. GARRICK:
say that. I
even if it doesn't
CHAIRMAN REISMAN:
nice building. It's very nice.
Your parents have
this house?
never lived in
37
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. KLINE: No.
MR. ALTLAND: What we should have as
far as dimensions, this accessory building, we
would want basically a rectangle -- a plan was
submitted with it, with the application. But
there are no dimensions on it, because if we had
exact dimensions of the outside of the
building -- you know, a tape measure to the
nearest inch of the outside of the building and a
layout
inside,
space,
listed.
area there.
of any partitions
the location of a
or something --
MR. GARRICK:
MR. ALTLAND:
MR. GARRICK:
MS. KLINE:
MR. ALTLAND:
that may be on the
closet, a little office
There's a powder room
It is shown there?
Um-hum
There's a little storage
But there's no
dimensions
or anything on it.
MS. KLINE:
MR. ALTLAND:
We do need the dimensions on
And basically, I
is that a one story?
Right?
No dimensions.
We need dimensions.
it.
the house
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
38
MS KLINE:
but it's not much of a
MR
"finished" --
MS KLINE:
wall.
ALTLAND:
ceiling --
MR ALTLAND:
wasn't
in it?
into
used
The attic was finished,
it's not much of a --
When you say
It has carpet and dry
Carpet, dry wall,
MS KLINE:
kicked out or anything.
MR
MS.
MR.
So it's a
ALTLAND: A low ceiling?
KLINE:
ALTLAND:
The ceiling, yeah, it
real
Yeah.
Lighting and heating
MS. KLINE:
the heating system.
MR. ALTLAND: Okay.
for a bedroom?
MS. KLINE: Yeah.
CHAIRMAN REISMAN:
stand up.
It's vented.
It's tied
So it could be
If you don't
MR. ALTLAND:
MS. KLINE:
MR. ALTLAND:
If you don't
Yeah.
And that may
a conflict with the building code
stand up.
run into
for the minimum
39
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
ceiling height distance also. There is a minimum
ceiling height of 7 foot 6, and you could have no
more than 50 percent of the ceiling itself less
than that 7 foot 6. In other words, you could
foot 6 and sloped down as long as your
have 7
average doesn't -- you
percent of it below the
it's not
unless
bedroom,
bedroom.
7 foot 6
MS. KLINE: Is that
going to be used for --
MR. ALTLAND: No.
someone wanted
you know, to
It's a great
MS.
don't get more than 50
elevation.
an issue since
story.
MR.
one-story house.
for the record,
record is the
of the house.
some -- literally,
to try and use
actually use it
storage room.
KLINE: So let's call
It's not an issue
it as a
as a
on the drawing, you draw
So you have a
have mainly
for the
same sketch -- same style of sketch
You have an outside dimension and
a
line for a wall, dimension a bedroom, dimension a
bathroom, dimension another bedroom, a closet,
kitchen, just some dimensions on it that would
give an idea of the size of the rooms just for
ALTLAND:
And what we want to
for the application,
it a one
40
1
2
3
4
5
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the record to go
application.
And
going to have to
along with the whole
the only real part that it's
do with is the 25 percent.
you have a problem with 25 percent, if the
building in the back is as big as you say it
and it exceeds the 25 percent, then that's
another issue the board is going to have
If
to look
at. And they're going to have to look at this
Item No. 3, No. 1, to determine if that Item 3,
in fact, does apply to this building in your
application and, if it
25 percent if you exceed the
MR. SHATTO:
don't want -- if
does, what to do with
25 percent.
In other words, we
the board were to grant you
relief, since they don't know whether that's
something that you would need relief from,
wouldn't get it. And then effectively the
decision wouldn't help you much.
you
telling
MS. KLINE:
you it already does.
I'm basically
information.
the
MS. KLINE: Ail right.
MR. ALTLAND: We need the
MR. SHATTO: But we need to have the
41
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
dimensions.
dimensions,
thoroughly confused you,
MS. KLINE:
confused.
MS. KLINE: You need exact
okay.
CHAIRMAN REISMAN:
do you have --
I don' t feel so
CHAIRMAN REISMAN:
Now, I hope you can remember
get home.
MR. SHATTO:
Now that we have
That's real good.
this by the time you
good idea if you could get the dimensions of
structures into the township office before we
It would probably be a
the
meet again in January so that if
another advertisement or some additional
in the advertisement that that could be
address it,
there has to be
detail
done.
MR. ALTLAND: I shouldn't even
but I'm a little disturbed about the
quality of the advertisement that was sent out.
And that should have been picked up. That should
have been included. The variance should have
included that section. And it
advertised, because, you know,
mean I can
that you're
should have been
it' s obvious -- I
see from it you're obviously convinced
exceeding the 25 percent with that
42
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
accessory building.
MS.
to -- you know,
borderline.
KLINE: Well, it's kind of hard
it's not even -- it' s not even
MR. SHATTO:
is to scale, they
the same size, the house
MS. KLINE:
I was just eyeballing it.
there.
Well, if your drawing
look like they're almost about
and the office.
It wouldn't surprise me.
There's no 25 percent
MR. ALTLAND:
need to be advertised also.
going to have to readvertise
would decide that that's not --
decide -- if it was my decision,
has to be readvertised,
Well, that's going to
So we're probably
it unless someone
I wouldn't
I'd say yes, it
because that is an issue,
that percentage
MS. KLINE:
it, it sounds like the
neighbors.
is or could be a serious issue.
With your advertising
issue is with the
MR. ALTLAND:
it's strictly a legal issue.
law to advertise two times no
Actually, what it is,
We're required by
more than 30 days
and no less than 7 days before the actual
hearing. And we have to post the property,
and
43
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
the advertisement must represent what you are
requesting, what you need.
Now, if you come in -- and there are
some municipalities that will do it this way.
You tell them what you want -- what you're
requesting. They do not help you at all. They
advertise what you ask for. That way when you
come back in and rediscover that what you -- the
board discovers what's advertised is not what you
it's shame on you, you didn't tell us
need,
right.
I don't like to operate that way.
like to try and dig out everything out of you,
the applicant, so that whenever we do advertise,
we are advertising everything
don't have
board feels the same way.
to come in here one time,
and take
having to
to come back again. And
They like
take care
care that it's done. I don't like
request people to come back again;
correctly and you
I know the
to be able
of the issue,
but
in this case,
almost have to
MS.
I agree with the chairman that we
in order to get all of the facts
KLINE:
I guess my point with the advertisement
I
So the advertisement --
is to see
44
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
if anyone objects.
MR. GARRICK: Yes.
MR. SHATTO: Primarily.
anybody in the township could object,
they don't live next door
MR. GARRICK:
tonight?
neighbor
MR. SHATTO:
we don't advertise all of
Really
even if
or within the 300 feet.
Do you see what's here
MS. KLINE:
say a thing to me.
The problem is
the relief
And I haven't even had a
that if
that you
need and request and then grant relief that
wasn't advertised, someone who lives nearby may
say, Well, if I would have
requesting relief from this
section, then I would have
known she has
section or that
come in and objected
to this.
of being complete
MS. KLINE:
MR. SHATTO:
about
Okay.
So it's just a matter
the notification.
MR. ALTLAND: You could end up with
a nondecision: The board makes a decision and
somebody challenges it
because if everything
to dot every "I"
and then it's gone,
-- in other words, we need
and cross every "T." That's all
45
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
I need
to say anymore about it.
MS. KLINE: I understand.
MR. SHATTO: Are you agreeable
continuance
MS.
want. It kind of
fine. So I will
from the school.
handle that.
owners -~
those --
MS. KLINE:
MR. SHATTO:
KLINE:
folks,
school,
perfectly fine.
to a
Yes.
-- until next month?
It's not what I really
delays my movement, but that's
get a letter from -- probably
I'll
I'll get
see how they want to
a letter from the property
MR. SHATTO: And if either of
MS. KLINE: -- and the dimensions.
MR. SHATTO: Yes. And even if those
your parents and/or someone from the
if they want to come in here, that's
stand up,
capacity for
CHAIRMAN REISMAN: We can have them
and we can put it right on the record.
MR. ALTLAND:
them.
MS. KLINE: Okay.
CHAIRMAN REISMAN:
We have seating
I think that's
46
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
about -- that's the only route we can go, like I
say, with what we have.
MR. ALTLAND:
say anything?
Dave represents
Dave, do you want to
the Township. He's
on the other side of the fence from us.
MR. MARTINEAU: Since you're going
to put this off until next month, I'll save most
of what I have. I'll reiterate the concerns
regarding standing. Since it's an interest in
land, there really needs to be a writing signed
by the landowner or they're sworn testimony here
or cosigning the application, of course.
Correction of the notice to correct
the fault that you had initially indicated as
well as adding the area to the notice is -- I
agree this diagram is not wildly off. It's going
to be a necessity for relief from that section.
And in addition, it appears from
your photographs -- is that accessory building
pretty much right up against your back fence?
There' s -- well, in the
that where that is?
MS. KLINE:
picture, it's hard to tell. There's probably
about, I would say, 3 feet from the fence. It' s
47
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sizable,
behind it.
because you can walk behind it and mow
That might be
It's sizable.
MR. MARTINEAU:
a requirement of 15 feet.
occurred to me from the
ALTLAND:
another -- there's
it's something that
fence.
MR.
the fence was previously
Is the fence --
And
You mentioned about
for dogs or something.
MR. MARTINEAU: Unless the fence is
feet in from the property line, then I'm
something that occurred to me
photograph. Other than that,
else for next month.
MS. KLINE:
behind has an in-ground pool
fence. And I'm pretty sure
I don't know if there
That's just
from looking at the
I'll save anything
I know that the property
and they also have a
there's space between
is or not.
MR. MARTINEAU:
at all regarding this.
MR. ALTLAND:
12
saying that may be another issue that we may need
to look at. I don't know if that was even
brought up when the building was originally
built, but you were saying there was no history
48
1
2
3
4
$
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the
separate
property
thing --
about it a little bit. But if
grant relief to you next month,
fences, you know, because they have a
fence. So I don't know where the
line actually is.
MR. SHATTO: I guess one other
and I think you did -- you did talk
the board were
I think they
to
would likely want to set a maximum number of
students. So whether that's 20 or 15, it would
be helpful for you to give them some --
MR. GARRICK: A firm number.
MR. SHATT0:
MS. KLINE: I'll
MR.
to set a number,
one that's going
what you want to do. But, you know, if you only
need 15, then that's probably what they would
want to do; or if 20 is better, then that's what
you should
-- guidance.
see if I can, yeah.
SHATT0: I mean if they're going
I don't think they want to set
to unnecessarily interfere with
I can
-- and
think
ask for.
MS. KLINE: Okay.
MR. SHATTO: Anything else?
MR. GARRICK: That's it.
MR. ALTLAND: The only thing
of right in accord with all of this
49
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
I keep saying about dimensions of buildings
so forth. You should probably present not
modification of the
drawing showing the lot,
three sides -- of course,
right-of-way line is at the front --
and
a
existing drawing but another
the property line on
the front -- the
but your
property line on three sides, dimensions from the
property line to the fence and from the fence to
this accessory building or dimensions from the
property line to
And
snow on the
but if you
out there measuring with a
approximate 15 1/2 feet, 12
like that to give us an idea of where it
that should be on the sketch also. We need a
sketch of the property showing the location of
the buildings and then a sketch of each
individual building.
MS. KLINE: Well, I know I can look
the deed and get the lot dimensions off of the
at
deed.
same thing.
the accessory building.
it's going to be tough now with
ground to determine where lines are;
could determine -- you know, somebody
tape getting an
1/2 feet, something
is. And
I was thinking the
MR. GARRICK:
5O
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
I could see
CHAIRMAN REISMAN:
MS. KLINE:
how -- yeah,
That would work.
That, I could give you.
I mean otherwise unless
the property actually has a marker on it, I mean
I'm not going to be able to determine where that
line is.
MR. ALTLAND: When your parents
bought the property,
property line is?
MS.
MR.
for us.
were they shown where the
KLINE: I don't know.
GARRICK: The deed would be good
MS. KLINE: I could give you that.
MR. ALTLAND: And again, I
apologize. I should have had the property file
out here. I thought all of that was addressed
previously. It may be covered in the property
file. I don' t know.
As the chairman said,
with me at the beginning of year;
even if you have time, the first
have. Things are kind of slow.
office Wednesday and Thursday next week.
I'll gladly sit down. If you bring the deed in,
whatever, I'll have the property -- I will get
get in touch
or you know,
opportunity you
I will be in the
And
51
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
the
it.
what
property file Out tonight yet so that I have
And when you call, I will sit down and get
other information we can to get organized so
that we do have the necessary information for the
board and that we can get a proper advertisement
out .
And it has to
too. We don't have a lot
getting an advertisement
go out very quickly,
of time to waste on
out for the next
hearing. It
MR. SHATTO:
with your parents,
have a survey plan
too,
that might have
should be in the mail today.
You may want to check
to see if perhaps they
been done by
the prior owner that was given to them
or whatever.
MS. KLINE: Okay.
MR. GARRICK: They bought it. What
did they buy it, on sort of a tax --
MS. KLINE: It was on a
foreclosure.
MR. GARRICK: I would think on a
foreclosure that there would be papers on
there.
MR. ALTLAND: There should be.
I
at closing
don't have anything more to add.
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
CHAIRMAN REISMAN:
have anything else to say?
(No response.)
CHAIRMAN REISMAN:
conclude this and postpone it
Thursday in January.
52
Does anybody else
Then we'll
until the third
(Hearing adjourned at 7:50 p.m.)
53
CERTIFICATE
hereby certify that the
proceedings are contained fully
the notes taken by me during the
foregoing cause and that this is
transcript of the same.
and accurately in
hearing of the
a correct
Denise L. Travis, Reporter
Notary Public in and for the
Commonwealth of Pennsylvania
My commission expires
April 20, 2002
LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
IN RE: 1.
Docket 2000-16, Susan Kline,
continuation, special
exception and variance
Docket 2001-01, Harrisburg
Korean Presbyterian Church,
variance
Stenographic record of hearing held at the
Lower Allen Township Administrative Building,
1993 Hummel Avenue, Camp Hill, Pennsylvania
Thursday
January 18, 2001
7:00 p.m.
MEMBERS:
Burton Reisman,
Kevin Garrick
Chairman
LEARY REPORTING
112 West Main Street, Ste. 200
Mechanicsburg, Pennsylvania 17055
(717) 233-2660 Fax (717) 691-7768
APPEARANCES:
CLECKNER AND FEAREN
111 Locust Street
Harrisburg, PA 17101
BY: DENNIS SHATTO, ESQ.
(717) 238-1731
For the Board
METZGER, WICKERSHAM, KNAUSS &
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
BY: DAVID H. MARTINEAU, ESQ.
(717) 238-8187
For the Township
ERB
ALSO PRESENT:
David Altland Codes Administrator
INDEX
DOCKET
2000-16
2001-01
PAGE
4
4O
DECISION
Approved
Approved
PAGE
85
87
APPLICANT'S
2000-16
4
2001-01
1
2
4
E X H I B I T S
(Not Attached)
DESCRIPTION
Drawing
Application
Construction
Permit
Copy of
Ordinance 2000-06
Copy of Zoning
Table 1
Specifications
PennDOT Traffic
Map
Letter
Plan
MARKED
22
45
45
45
45
46
46
46
53
4
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
PROCEEDINGS
continuation of
like to ask Ms.
is still under
CMAIRMAN REISMAN:
Township Zoning Hearing Board will come
The first order of business
Docket
Kline
oath
won't go through the
MS. KLINE: Great
CMAIRMAN REISMAN:
less a
The Lower Allen
to order.
is the
No. 2000-16. And I would
-- or inform her that she
from the last session. We
ritual.
do, how you want to do it, and where you want to
do it. And I see from -- you started to do your
homework with your drawing.
Now, looking through the transcript
of our last session, one of the questions that
came up that could determine the solution of this
problem of yours is whether you're an instructor
bail you out of this thing. And we
come back and tell us exactly what you want to
trying to
asked you to
or a teacher or what
different categories.
one to put you in. So
we put you in about three
And we don't know which
I'm going to let you take
Okay. Fine.
Now, I think we left off more or
little mixed up, and we were
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
~.1
22
23
24
25
it from here and tell
do here.
us what
(No response.)
CHAIRMAN REISMAN:
me help you out here.
you think we should
Ail right. Let
MS. KLINE: If you
MR. MARTINEAU: Can I
quick? We have a threshold issue
homeowners, and nothing has been put
could.
interject real
of the
in writing.
I understand
if they want
to them.
she brought the homeowners with her,
to put something on the record.
CHAIRMAN REISMAN: Yeah. We'll get
additional copy of
get a hold of?
CHAIRMAN REISMAN:
one right here.
MR. MARTINEAU:
MR. MARTINEAU: Also, is there an
the new drawing that I could
Yeah. There's
Thank you.
CHAIRMAN REISMAN:
your testimony of
transactions will
building?
Now, going to
last month, most of your
take place in the rear
MS. KLINE: Ail of them will, yes.
CHAIRMAN REISMAN: Ail of them will
6
1
2
3
4
5
6
7
8
9
10
ll
13
14
15
16
17
18
19
20
21
22
23
24
25
be back there, everything. Nothing will be in
your home?
MS. KLINE: No.
CHAIRMAN REISMAN: Okay. And the
question comes up about an accessory building is
what we had a problem with.
MS. KLINE: Right.
CHAIRMAN REISMAN: And I think we
still have that problem. However, you also
mentioned, as it was just brought up by the
attorney for the Township, that you said you had
permission from the school to park?
MS. KLINE: Yes.
CHAIRMAN REISMAN:
And also, you had
permission from your parents to use
for the purpose you want to use it?
MS. KLINE: Yes.
CHAIRMAN REISMAN: Okay. Now, do
you have that documentation?
MS.
from the school.
their policy, they are not permitted to put
writing or verbally. So with that dilemma,
called Stephenson's Flowers, which is right
beside
this property
KLINE: I didn't get a letter
I talked to them. And with
it in
I've
the elementary school, and requested a
7
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
letter from them. Unfortunately,
no longer owned by the Stephenson
owned by a corporation in Florida.
Stephenson' s is
family. It's
So they were
willing to look into it for me; but it's going to
be a time factor, because it' s more of a
corporate issue.
But with that in mind, I was looking
at -- one of the other things you had asked me is
what maximum number of people I would have. And
I really looked at a realistic number and size.
And having some people come over so that I could
get a good visual, ten would be my max that I
could comfortably -- that I could comfortably
have there.
So my overflow parking would be at a
minimum and could easily be covered by people
being willing to park
side street, because
the block.
around the corner on the
I'm right in the middle of
CHAIRMAN REISMAN:
on Allen Road?
MS. KLINE: Yes.
since --
understand the
Oh, do you mean
So with that,
CHAIRMAN REISMAN: Well, I can
problem with the school and also
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
8
with Stephenson's --
MS. KLINE: Right.
CHAIRMAN REISMAN:
liability --
MS. KLINE: Right.
CHAIRMAN REISMAN:
involved in something like that.
MS. KLINE: Right.
CHAIRMAN REISMAN:
in those parking lots because
it's a case of liability that
concerned
other one
-- with the
which is
about.
MS. KLINE: Yeah.
CHAIRMAN REISMAN:
about permission to
Anybody can park
they're empty, but
the school is
And now, your
use this property?
parents.
And I had moved into the property with
specifically realizing that it would be a
MS. KLINE: The homeowners are my
This is Mark and Elizabeth Hilbert.
benefit
to my business since I was paying rent elsewhere.
CHAIRMAN REISMAN: Well, then I'm
going to
leave you alone for a minute.
MR. GARRICK: What about the
permission?
CHAIRMAN REISMAN: I'm going to get
9
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
that.
on your mother and ask you
hand.
MR. GARRICK: Oh, okay.
CHAIRMAN REISMAN: I'm going to call
to raise your right
ELIZABETH HILBERT, having been duly
sworn, testified as follows:
CHAIRMAN REISMAN:
your name and address for
MS. HILBERT:
Will you state
the record, please?
Elizabeth Ann Hilbert,
905 Eric Avenue, Mechanicsburg.
CHAIRMAN REISMAN:
we want it
Thank you. And
for the record that you've given your
daughter permission to transact her so-called
business and school on your property.
Yes. We both have
MS. ~ILBERT:
given permission.
to ask,
CHAIRMAN REISMAN: Both have?
MS. HILBERT: Um-hum.
CHAIRMAN REISMAN: Okay. Fine.
Now, do you have anything you want
Dave or Dennis?
MR. SHATTO: I don't think with
10
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
respect
information
to the ownership or --
MR. ALTLAND: Mr.
CHAIRMAN REISMAN:
MR. ALTLAND: There
I do have to present
no.
Chairman?
Yeah.
is some
here.
trying to do
last month's
owner had operated
In going through the property file
a little background research, at
hearing, it was stated the prior
a furniture refinishing
business in the accessory building.
zoning permit issued, March 27, 1995,
Strahosky, 206 Locust Street,
There was
to James
for Old World
e
Restoration,
calls.
perhaps
a home occupation,
In other words,
in a front room and a
front room office
there was a desk
telephone. There
was nothing ever indicated about using the
garage/storage building for anything. And there
was no zoning application, no zoning permit. And
nothing was issued for
nothing in the record
There is
the garage and storage
Permit 4689. It was --
approved December 5 of
that. There's absolutely
about the garage.
a building permit to build
room. That was Building
final inspection was
1996, which is -- well,
11
6
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
it's well over a year almost. It's close
years after the zoning permit was issued
front room
all it was
office.
It was a storage building.
intended for.
to two
for the
That's
The application for
that building was
permit was
structure,
a stick-built -- the building
listed as a stick-built 24-by-32
which stick-built means -- that's only
to differentiate between a prebuilt, you
prebuilt shed versus a stick-built shed.
all that that implies.
The actual
application in Section
know, a
That's
building permit
2 (a) , it says, Describe
the proposed improvement,
and intended use. It
24-by-32 structure on
construction materials,
says, A stick-built
a cement slab, storage and
building to
storage or
recreation. There's no indication anywhere and
there is no approval given anywhere for this
be used for anything other than
maybe
that.
recreation, keeping a bicycle in or
playing Ping-Pong in or something like
make
to be
Basically, the point I'm trying to
is that there is no permit for that building
used as anything other than a storage
12
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
building or recreation. I'm not sure what we
could have in there. Maybe you can have a
Ping-Pong table in
don't know -- have
there. I don't
that.
there or you could have -- I
-- store your bicycles in
know what it would be other than
But there's nothing there that gave
any approval or any permission of any kind to
operate a furniture refinishing business in that
there's a lot
problems, but
combined with
building. So therefore, there is no previously
existing home occupation in that building, which
is going to be the biggest problem. I mean
of these other situations or
that is the biggest problem
obviously the
the size of the building.
percent requirements.
CHAIRMAN REISMAN:
you the real truth, there isn't -- I'm
other and looking at
It doesn't meet the 25
Yeah. To tell
reading
here in the transcript, The
practice of a
maximum of 25
the dwelling,
structures.
MR.
home occupation shall
percent of the total
excluding attached accessory
area used for
involve a
floor area of
GARRICK: They have schools of
13
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
dance.
CHAIRMAN REISMAN:
the transcript.
transcript
only one delivered.
has.
MR. GARRICK:
considered something like a
items in
I'm looking at
MR. GARRICK: I didn't get a
of the last meeting.
MR. ALTLAND: I believe there was
The what's in the file,
Could occupation be
school of dance?
I think there are
MR. ALTLAND:
Bud,
there that more closely resemble what's
being done.
to
we can come up with something
with what you want to do --
MS. KLINE: Okay.
CHAIRMAN REISMAN:
(Discussion held off the record.)
CHAIRMAN REISMAN: What we're trying
do is trying look at the ordinance and see if
that's comparable
it's -- I don't know.
MR. GARRICK: A
there are things
looks now,
occupations,
salesman and dressmaking,
shops and what have you.
Thank you.
-- because as it
list of home
like insurance
etc., etc., and antique
And then it comes to
14
4
$
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
schools of dance.
do have something
do you not?
MS.
and meditation,
relationship.
tutor
Now, it seems to me that you
similar to that in your agenda,
KLINE: Um-hum. I teach yoga
and that would have a
MR. GARRICK: Well, there is
-- teacher or tutor; but that would limit
you to four students. And I think that would be
a little restrictive from what you've told us.
MR. ALTLAND: That's what she's
requested the variance for, to that limit.
CHAIRMAN REISMAN: And she mentioned
tonight that her maximum would be ten.
MR. SHATTO: And interestingly,
schools of dance doesn't have any --
MR. GARRICK: No limit.
MR. SHATTO: -- restriction.
MR. ALTLAND: Well, under 9
Item S,
so forth there,
But, you know,
I know if there were any professional doctors or
they would say, No way, no way.
it says, Professional office of
doctor, dentist, chiropractor, psychiatrist, or
other medical service. You know, it could
certainly fall under the category of a medical
15
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
service.
licensed for
CHAIRMAN REISMAN: She has to be
that. We went through that last
week -- or last month. And she is not
to have a license for her
MR. SHATTO:
board -- under Subsection
22097, the board has the
that other uses could be
home occupations. So you're not
to the list under Subsection 9 (a)
think in this
think (f)
about.
required
type of work.
Keep in mind, the
9 (u) , which is on page
ability to determine
considered or deemed as
restricted just
through (t) .
CHAIRMAN REISMAN: Well, actually, I
instance being Ms. Kline teaches, I
would be something we could think
no more than four
to get --
that.
MR. GARRICK: Yeah.
CHAIRMAN REISMAN:
students, she
MR. GARRICK:
CHAIRMAN REISMAN:
And the limit to
is here primarily
Relief from that.
-- relief from
MR. GARRICK: Yeah.
CHAIRMAN REISMAN:
only thing with
So actually, the
that we'd have to do is determine
16
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
whether or not there's reasons
six extra students she wants.
25 percent
have.
MR. SHATTO: Well,
CHAIRMAN REISMAN:
bugaboo of this
MR.
a point of
for granting the
then you have the
That we don't
drawings that were presented this evening,
by 33 feet of the primary building on this
MR. SHATTO: -- issue, (B) (3) .
CHAIRMAN REISMAN: That is the only
whole thing is the 25 percent.
ALTLAND: Mr. Chairman, just as
information, the dimensions on the
22 1/2
property,
And
186
the residence, that's 743 square feet.
25 percent of that is 186 square feet. By
square feet, that would be approximately 13.6
feet by 13.6 feet, which the building is 32 by
24. You'd be -- to meet those requirements, you
would be cramming all of your activities in one
little corner of roughly 13 1/2 by 13 1/2 feet to
meet the requirements of the code.
Now, you certainly -- you know,
certainly have
space in that
MR.
you
a lot more space in there, open
room than that.
GARRICK: 768 square feet.
17
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
MR. ALTLAND: Well, no. 768 is the
total entire building. That does not -- I did
not deduct for the storage room, the closet --
consider
CHAIRMAN REISMAN:
MR. ALTLAND: --
CHAIRMAN REISMAN:
MR. ALTLAND: Yeah.
CHAIRMAN REISMAN: What
the usable space?
The hallways.
the powder room.
And the hallways.
do you
percent,
But there is another -- while we're
things that had slipped my mind but
MR. ALTLAND: To fall into the 25
you're talking about 13.6 by 13.6 feet.
talking about
seeing the
powder room reminded me, there were no permits
issued in that storage building to have toilet
facilities. There was no permit, no approval
hook up to the sewer. And there was no
inspections
or anything.
basically
a permit.
building.
finish the building. There was no --
there were no permits to hook it into
to
of any of the bath -- the powder room
That was not approved either.
So this storage building was
finished by the previous owner without
He had a permit to build a bare
There were no approvals, no permits to
certainly,
the public
18
1
2
3
4
5
6
7
8
9
l0
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sewer, which I'm only guessing that it's
into the public sewer. We don't know.
CHAIRMAN REISMAN: Is there
facilities in this --
and
MS. KLINE:
a hot water heater.
CHAIRMAN REISMAN:
MR.
front right corner
that was
hooked
There's a powder room
CHAIRMAN REISMAN:
lower corner?
MS. KLINE: Yes.
CHAIRMAN REISMAN:
And it's hooked
onto the sewer and
MS.
being an expert.
CHAIRMAN REISMAN:
shaking his head.
We'll swear you in.
everything that you know of?
KLINE: To my knowledge, not
I see your father
see that
-- in the right
here.
Yeah, I
But that machine can't see this.
There is a powder room --
MS. KLINE: Yes.
presented.
CHAIRMAN REISMAN:
In this building?
ALTLAND: It's shown in the
if you look at the drawing
5
7
8
9
10
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MARK HILBERT, having
testified as follows:
been duly
19
your name
Avenue,
you can
two years
the sewer
line froze
repaired.
that goes
plant,
about
CHAIRMAN REISMAN: Would you state
and address for the record, please?
MR. HILBERT: Mark Hilbert,
Mechanicsburg.
CHAIRMAN REISMAN: Thank you. Now
talk.
MR. HILBERT:
-- right
line
up. And I had to have
So I know that there's
into the house and then
into the sewer lines.
CHAIRMAN REISMAN: Um-hum.
MR. GARRICK: But you know nothing
the auxiliary building?
MR. HILBERT: Pardon me?
905 Eric
About a year -- about
CHAIRMAN REISMAN:
auxiliary building.
MR. GARRICK:
talking about the house.
CHAIRMAN REISMAN:
after we bought the property,
the sewer line or the water
it dug up and
a sewer line
into the sewer
The line goes
I thought he was
That's the
2O
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
from the accessory building --
MR. ALTLAND: The line goes
accessory building, into the house.
and
have
CHAIRMAN REISMAN:
then into the sewer.
According to your
from the
into the house
figures, we don't
to worry about the size, 13 by 13.
MR. ALTLAND: How do you figure that
you don't have to worry about it?
saying is you have a building there
square feet; but how that 768 square
the requirements of the code of
you're going to use 186 square
CHAIRMAN REISMAN:
what you mean.
MR. GARRICK:
people, though, for lack
What did you say, 19977
MR. ALTLAND:
What I'm
that's 768
feet meets
permit was issued to have
room, a desk and a telephone or something.
that was March of '95. December of '96 the
building permit was issued to construct this
storage building, storage and recreation
building.
You can't blame these
of codes enforcement.
It's pretty recent.
In '95, the zoning
an office in the front
And
25 percent,
feet of it.
Oh, yeah, I see
21
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
MR. GARRICK:
follow up there and take a look and make
they're involved in what they asked
MR. ALTLAND: Oh, that
if we had the time.
inspections are made
building had a final
was a storage building. And apparently,
built properly. And that was the end of
There was
nothing else done that
Nothing else was done
it was done, because
And isn't it normal
sure
There's no way.
on the building.
inspection and passed.
nothing else
we are aware of legally.
after that; but obviously,
the running water and the
to
for?
would be nice
The
The
It
it was
it.
-- there was
sewer connection was put in there. And then a
furniture refinishing business was established
there, but neither had any permits.
MR. GARRICK: Okay.
CHAIRMAN REISMAN: Yeah, I can see
that, maximum of 25.
MR. ALTLAND: Yes.
MR. GARRICK: So it would behoove
somebody buying a property like this to check
these
is in
building?
things out to make sure that that building
conformance with the codes, that accessory
22
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
MR. ALTLAND: Yes.
CHAIRMAN REISMAN:
in there if you -- well, you don't have the
measurements of the bathroom or the storage
How much room is
Is that storage area closed in?
MS. KLINE: Yes. It has a door,
it's separate, a separate room.
MR. ALTLAND: Is this
drawn to
the accessory
scale,
building?
it. I
the storage building,
area.
MS. KLINE: As close as I could get
and
scaled it out with
MR. SHATTO:
an exhibit.
the house measurements.
Maybe we should mark
Why don't we mark the
this as
drawing with the dimensions of the structures as
Applicant's Exhibit 4.
(Applicant's Exhibit 4, Drawing,
marked for Identification.)
MR. GARRICK: Well, schools of dance
are one thing that's listed.
CHAIRMAN REISMAN: You're bound to
get that girl dancing.
(Discussion held off the record.)
CHAIRMAN REISMAN: Did you figure
out the scale, yet?
23
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
don't know.
That's what
equals 12 feet.
square
MR. ALTLAND: It's horrendous. I
It looks like i inch equals 12 feet.
it comes out to. Roughly 1 inch
Let me see if I can come up with
something here.
MR. HILBERT:
you trying to figure out,
MR. ALTLAND:
storage area and so forth.
MR. HILBERT: The
by 14 feet. Now, that does not
closets.
MR. ALTLAND:
MR. HILBERT:
I'm going to take a guess
feet.
CHAIRMAN REISMAN:
MR. ALTLAND:
feet there.
feet did you
644
MR. GARRICK:
MR. ALTLAND:
Excuse me. What are
the square footage?
Yeah, the area of the
CHAIRMAN REISMAN:
get in there?
MR. ALTLAND:
storage is 6 feet
include the
The closet.
The powder room is
at 5 feet by about 8
Um-hum.
Okay. So that's 124
There's approximately
square feet of open floor space. It's going
It leaves you 644.
Yep, 644 versus 186.
How many square
24
1
2
3
4
5
6
7
8
9
t0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
).5
to be a little
for the storage
the closets
MR.
there.
room.
less than that, because
does not include that
the figure
closet --
HILBERT: There are two closets
MR. ALTLAND: -- in the storage
CHAIRMAN REISMAN:
Do you have any
the storage area
idea how big that closet is,
is?
MR. HILBERT:
did give you. The
about 4 feet by 7 feet, 4
out. Now, there are two
MR. ALTLAND:
The storage area, I
closets, I'm going to say
feet this way, 7 feet
closets in that space.
Let's use 6 by 14 for
storage.
us down to
186.
MR.
amongst ourself?
Let's use the 4 by 6.
620 square feet open
GARRICK:
So that brings
floor area versus
Should we discuss this
CHAIRMAN REISMAN: Are there any
other questions of these people? I really can't
think of anything, to tell you the truth. We're
just going to have to have time to iron this
out.
25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
MR. ALTLAND:
things that are listed here
been talking about
consider yourself?
Susan Kline, of the
-- you know, we've
teacher, tutor -- what do you
And don't say mystical
healer.
category.
possible.
It's not in the book.
MS. KLINE: It could be a new
MR. ALTLAND: Yes. And that is
Under Section U, it is possible for
this board to say, yeah, what you want to do
falls under the category of a home occupation.
They have the power to do that.
MS. KLINE: I guess the term that is
coming of age anymore, even with the medical
establishment,
complementary medicine.
I don't prescribe. But
that's being used.
CHAIRMAN REISMAN:
is it is being
But
that's
considered
it's not medicine.
a common term
Do you think you
could fall under
tutor?
MS.
the category of a teacher or a
KLINE: Definitely. I do teach.
Even when I do one-on-one sessions with people,
it is as a -- gosh, I could be tutoring them on
one-on-one basis.
a
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
26
CHAIRMAN REISMAN: Actually, what
you're doing is talking to them?
MS. KLINE: Yes. It's a
combination. I do a combination of there's
discussion and there's hands-on work. It really
is an individual thing depending on what client
I'm working with and what their needs are in the
moment. Sometimes people need to talk.
Sometimes they need to just be there.
CHAIRMAN REISMAN: And sometimes
they don't talk.
MS. KLINE: You know, I'm not a
minister; but then it could even fall within, you
know, spiritual advisor, you know, is another
term that
minister's
dilemma.
30 -- 30
trying to
could be used. Yet I don't have a
license. I apologize for the
CHAIRMAN REISMAN:
-- about 25 categories here.
fit you into one of them.
MR. ALTLAND: But have you
(u) to determine, yeah, this could be
We have about
And we're
considered
a home occupation?
CHAIRMAN REISMAN:
I was
figuring that.
Yeah, this is --
That's why I was looking at
27
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
it.
MR. ALTLAND:
brought that up earlier.
to shoehorn what she does
presented titles, it is
And we determined that
it needs
don't see
That's why Denny
And rather than trying
into one of these
somewhat teacher/tutor.
last month. But whether
to be complementary medicine -- and I
-- if she says complementary medicine,
I would see no problem
since she has suggested
category of a home
there, (9) (u) .
you .
Dennis?
in even using that term
that it could fall in
occupation based on Item U
CHAIRMAN REISMAN:
Do you have
has
I agree with
a problem with that,
MR. SHATTO: No. I think the
the discretion to establish its own
definition
include even the number of people,
however you want to describe them,
present at any one time.
CHAIRMAN REISMAN:
had our say.
of a home occupation, which might
students,
who
the
board
could be
All right. We
Dave, what are you going to say?
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
28
You're sitting
MR. SHATTO: Before we
Dave, let me ask Susan one question
there with bated breath.
get
here.
into
yOU were
per week?
My notes say that you would have --
proposing to have one to five classes
MS.
MR.
up to ten people.
MS.
MR.
more than five of
week?
MS. KLINE:
a different
KLINE: Um-hum.
SHATTO: And that would be with
Is that correct?
KLINE: Yes.
SHATTO: You would not expect
those types of classes in a
NO.
MR. SHATTO: Now,
situation?
That' s a maximum.
the one on one is
MS. KLINE: Right.
MR. SHATTO: That's all I have.
MR. MARTINEAU: I have just a few
time of day are
questions for you.
What
going
to take place?
MS. KLINE:
early morning. I
the
these classes
maybe
students at
I would say evenings and
don't have any, you know,
time that are interested in
29
1
2
3
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
morning classes; but that's my proposal.
when most people
this type.
MR.
classes with --
That's
are available for classes of
MARTINEAU: Other than your
that you're requesting the ten
people, could you describe what
one on one -- you described ear
time. What else do you do?
this, the one on one?
MS. KLINE: I do
-- the principle is
which is
exactly is the
candling last
What exactly is
foot reflexology,
similar to
acupuncture except you're using finger pressure
or thumb pressure and you're targeting pressure
points. So it's, I would say, a type of
manipulation. It's like you're body is mapped
out on the bottoms of your feet so that you would
work through the spine, work through the
digestive system, the heart and lungs by working
these pressure points.
MR. MARTINEAU: Okay.
CHAIRMAN REISMAN: I think this
gentleman over here understands what you're
saying.
MR. DAM:
acupuncture,
It's like a form of
but they don' t use a needle.
But
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
3O
she's using finger points
surface of the leg, sole
familiar with that.
CHAIRMAN REISMAN:
found an ally tonight.
MR. DAM:
homeopathic
continue.
to stimulate on
of the leg. I'm
You see, you
It sounds like a
Okay. Dave,
approach of health.
CHAIRMAN REISMAN:
MR. MARTINEAU:
things that you're doing, is
day or is that also evening?
the
The one-on-one
some evenings, yes.
MR. MARTINEAU:
primary form of income?
So is
MS. KLINE: Throughout
this your
how many
Like, roughly how much space
lay down.
have to
do you need?
MS. KLINE: They have
So what, that could be
to be
2 by 6?
CHAIRMAN REISMAN: Did you
lay down or sit down?
MS.
MR.
square
KLINE: Yes.
MARTINEAU: And doing the yoga,
feet do you need for a person?
able to
say they
MS. KLINE: They need to be able to
the day and
that throughout the
31
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
lay down comfortably at times.
you know, what would you need,
person, you know, depending on
person.
questions
So I would say,
a 2-by-6 space per
the height of the
all this comes into.
the nature
yoga,
foot
MR. MARTINEAU: That's all
that I have.
I would like to point out
you're trying to figure out what
of the
It appears that
of Subcategory S, at least outside
the one-on-one client type of thing, the
reflexology and the ear candling.
And as you noted earlier, that is
that, you
category
it is of
the
specifically limited to licensed professionals.
And I think Mr. Altland had pointed out last
month that even people practicing massage had
be licensed. It had to do with the nature of
the contact between the practitioner
client.
where no
that you
kind of a way
a requirement
limited
and the
to
Here we have something very similar
license is required. And I don't think
should use that catchall Subsection U as
of skating around what seems to be
that this type of activity be
to licensed professions in a home
32
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
occupation.
CHAIRMAN REISMAN: But
doesn't need a license for her home
if she
occupation,
why should we punish her?
doesn't make the laws for the State
Pennsylvania. And the law doesn't
she has to have a license for what
I mean
saying, Dave. And
yOU.
I mean after all, she
of
include that
she does.
I understand what you're
agree wholeheartedly with
But if she needed a license, then, of
her to go get a license
being she doesn' t need a
does, I can't understand
course,
come back to us.
license for what
your purpose here.
we would tell
But
she
MR.
that she not be
this form of --
it
it.
MARTINEAU: I'm not suggesting
allowed to, you know, practice
I know she doesn' t want to term
as medicine, but whatever you want to call
CHAIRMAN REISMAN:
Altland did suggest,
Um-hum.
MR. MARTINEAU: But it seems that
when the ordinance was laid out, it was
specifically considered that this sort of thing
should be limited to people with licenses. And
I think Mr. and I think
and
2
3
4
5
6
7
$
9
10
11
12
13
14
16
17
18
19
2O
21
22
23
24
25
correctly,
the nature of the
practitioner and
of regulating, I
last month that that had to do with
contact between the
client and just having some way
guess, the type of people that
are doing
them.
this activity and some way of tracking
You could have the nicest person in
the world doing this. I'm not suggesting that
the applicant is not. But you're also
establishing a precedent of what happens if the
next person that comes along is not
individual that you might want doing
like this out of their home.
CHAIRMAN REISMAN:
thoughts are well taken.
with you wholeheartedly,
the type of
something
You know, your
Believe me. I agree
but I'm looking at
these. Home cooking and preserving, you don't
need a license to do that. Computer program,
word processing, you don't need a license.
Watch, small
don't need --
this
electronic, household repairs, you
90 percent of what's listed in
MR. MARTINEAU:
specifically to things that are medical
nature. And from what it sounds like --
I'm talking
in
33
34
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sounds like,
CHAIRMAN REISMAN: Okay. Ail right.
MR. MARTINEAU: And from what it
from what she's been saying, that
outside of at least the yoga, that is pretty much
what this is. Now, it's that same type of
activity. And that's where the concern arises,
not so much that, you know, any home occupation
should have a license. That's certainly
obviously not the case.
CHAIRMAN REISMAN: Okay. All right.
I understand -- I understand what you're saying.
And you're absolutely right. I have to agree
with you, but *-
MR. MARTINEAU: Unless the board
wants to get into the practice of, you know,
doing a personal judgment on any applicant that
comes in, you know, looking to do this sort of
activity, unless the board is willing to do that,
you know, on a one-on-one basis, which could be
going down the road of being very arbitrary, that
kind of activity should be limited to licensed
professionals.
CHAIRMAN REISMAN: Okay. Anything
else?
MR. MARTINEAU: I'd also like to
35
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
point out that -- just going back to the 25
percent thing, there still has been no
application for a variance on that issue. Even
if you were to allow 10 people, I think she was
talking about at least 12 square feet per person.
I guess you could theoretically pack that into
180-some square feet,
cramped.
I'm just
most likely awfully
suggesting that it would be
grant a variance on those grounds
has been no application for it and no
I think that was
there's been
improper to
since there
publication of the application.
brought up last month as well, and
no corrective actions taken.
MR. GARRICK: I don't have any
questions.
CHAIRMAN REISMAN: I didn't read the
published portion of the application as published
in the papers. I didn't read that one.
MR. MARTINEAU:
something that I didn't get,
application for relief from
space requirement.
(B)(2)
CHAIRMAN REISMAN:
Unless there was
there's been no
the 25 percent floor
-- they used (B) (2) .
If they use
And they could have
36
1
2
3
4
5
6
7
8
9
l0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
included
you're saying, because I
here. I don't know what
paper. I didn't read it.
MR. ALTLAND:
address that?
December
that was
(B) (3) , but they didn't. I can see what
have what was written
was published in the
Mr. Chairman, may I
CHAIRMAN REISMAN: Yeah.
MR. ALTLAND: The Friday after our
zoning hearing board meeting, the one
continued, I sent out E-mails to various
people within
to be done. And that was December 21, the
weekend. Christmas came and went. And by the
time we got back to work, we had passed the
deadline to readvertise this. That' s what
happened.
Now, the other ad was already --
was already prepared for the second
tonight. That was already prepared,
been already faxed in. It was all taken care
And basically, that's exactly what happened.
not apologizing. That's just a fact. That's
what happened. It was the Christmas holiday.
And people were on vacation for two,
afterwards and so forth.
the department explaining what had
it
hearing for
and that had
of.
three days
And that's what
37
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
happened.
It just didn't get advertised. We
again, requires you
certain period of ti-me
before and before you want it advertised.
didn't
morning, something like
the following month.
been
from
And we
make the deadline. I believe the deadline
let's see, it has been 10 a.m. Thursday
that, to get it in for
MR. MARTINEAU:
an application by
220-122 (B) (3) .
not been rev
application
CHAIRMAN REISMAN: First of all, she
wouldn't know that unless somebody told her.
MR. ALTLAND: That was discussed at
the hearing in December.
CHAIRMAN REISMAN: That was
discussed. And if we look it up in the
transcript here, we probably have it here
was discussed. You can't blame that
applicant. You have to blame that on
here, because they didn't inform her.
Has there at least
the applicant for relief
MR. ALTLAND: The application has
sed. There was no corrected
submitted.
that it
on the
the people
And that
were past the deadline.
The newspaper,
to have things in within a
38
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was unfortunate;
not let
because
of amend
questions
more?
further.
questions from
but anyway,
that stand in our way
the ordinance gives us
things.
So
MR. GARRICK:
CHAIRMAN REISMAN:
I personally will
of a decision,
the right to sort
if there are any further
None here.
Okay.
Dave, any
MR. MARTINEAU: I have nothing
CHAIRMAN REISMAN:
room who wishes
application?
show there
wishes to
Being no further
the board, is there anyone in the
to speak in opposition of this
speak
(No response.)
CHAIRMAN REISMAN:
is none.
there anyone in
in favor
MR. HILBERT:
CHAIRMAN REISMAN:
Let the record
the room who
of this application?
Absolutely.
Would you like to
say something?
MR. HILBERT: She' s put a lot
time and effort into getting things ready.
of
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
Anyone else?
CHAIRMAN REISMAN:
(No response.)
CHAIRMAN REISMAN:
show there is none.
That will
Okay, sir.
Let the record
conclude the public
portion of this hearing. And the board will
inform you of its decision. And thank you for
coming, and thank you for your patience.
MS. KLINE: Thank you.
39
85
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
DECISION
DOCKET 2000-16
like to make
applicant a
for a home
is deemed
MR. GARRICK: Mr. Chairman, I would
a motion on 2000-16 to grant the
special exception under 220-122 (B) (2)
occupation for her proposed use, which
to be a home occupation by the board
under 122 (B) (9) (u) with a limitation of ten
persons for yoga and meditation classes and a
maximum of five classes per week. Under this
approval, a variance for the number of students
is unnecessary and denied.
That's my motion,
MR.
last sentence?
MR.
MR.
ALTLAND: Now,
GARRICK: Under
SHATTO: Because
chief.
what was that
this approval --
of the nature
of the approval that they're establishing a home
occupation which meets her criteria of a maximum
of ten people and five classes per week, they're
not calling it a student/tutor.
MR. ALTLAND: Okay. So there's no
four limit to be dealt with?
MR. SHATTO: Right.
86
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
CHAIRMAN REISMAN:
MR. SHATTO:
new category.
CHAIRMAN REISMAN:
motion.
Ail those in
MR. GARRICK: Aye.
CHAIRMAN REISMAN:
(No response.)
CHAIRMAN REISMAN:
Okay. Agreed.
You're creating a whole
I' 11 second the
favor say aye.
Aye. Opposed?
So carried.
IN THE MATTER OF
THE APPLICATION OF
SUSAN KLINE
BEFORE THE LOWER ALLEN TOWNSHIP
ZONING HEARING BOgRD
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2000-16
DECISION GRANTING SPECIAL EXCEPTION
AND DEN'fING VARIANCE
The Applicant requests a special exception for a home
occupation, and a variance to allow her to teach more than four
students at one time. Hearings were held before the Board on
Decer~ber 21, 2000, and January 18, 2001.
FINDINGS OF FACT
1. Notice of the hearing was properly advertised, the
subject property was posted, and all property owners required to be
notified of the hearing were notified in accordance with the
Codified Ordinances.
2. The Applicant is Susan Kline, who resides at 206 Locust
Street, Camp Hill (Lower Allen Township, Cumberland County),
Pennsylvania 17011.
3. The Applicant is a tenant in the subject property, which
is owned by her parents, Mark Hilbert and Elizabeth Hilbert, who
reside at 905 Eric Avenue, Mechanicsburg, Pennsylvania.
4. The subject property is a residential lot in an R-1
district, improved with a dwelling and detached accessory
- 1
structure, and is known as and numbered 206 Locust Street, Camp
Hill, Pennsylvania.
5. The Applicant resides in the dwelling, and desires to use
the detached accessory structure to perform foot reflexology,
energy therapy and ear candling, and to teach yoga and meditation.
6. The Applicant will have no employees.
7. Only one person at a time will receive foot reflexology,
energy therapy or ear candling.
8. Applicant proposes a maximum of five classes of yoga or
meditation per week, with a maximum of 10 students in each class.
9. The Township of Lower Allen was represented at the
hearings by David H. Martineau, Esquire.
10. Mark Hilbert and Elizabeth Hilbert supported the
application.
11. No one else appeared at the hearings to testify either in
support of or in opposition to the requested relief.
CONCLUSIONS OF LAW
1. This Board has jurisdiction over an
special exception under Sections 220~223(B) (6)
the Codified Ordinances.
2. This Board has
variance under Sections
Codified Ordinances.
application for a
and 220-223(D) of
jurisdiction over an application for a
220-223(B) (5) and 220-223(C) of the
3. Under Section 220-12(E), a home occupation in accordance
with Section 220-122 is a permitted use within the R-1 District.
4. Since Applicant's proposed home occupation will have
clients or patrons at the site and will generate additional
traffic, it may only be pez~nitted by special exception. Codified
Ordinances, Section 220-122(B) (2).
5. While the Applicant's proposed home occupation is not
specifically listed under Section 220-122(B) (9), it has
similarities to some of the listed home occupations, and in view of
the limitation to five yoga or meditation classes per week, with a
maximum of 10 students per class, is deemed a home occupation under
Section 220-122(B) (9) (u) of the Codified Ordinances.
6. The Applicant has met the conditions and criteria for a
special exception, and the proposed use is not detrimental to the
health, safety or welfare of the neighborhood.
7. Because the limitation to 10 persons per yoga or
meditation class is a part or component of the use deemed by the
Board to be a home occupation, the Applicant does not need a
variance from Section 220-122(B) (9) (f).
8. Applicant's request for a variance is also denied on the
basis that she has not satisfied the criteria set forth in Section
220-223(C) (1), (2), (3) and (5) of the Codified Ordinances.
DECISION
In view of the foregoing findings of fact and conclusions of
law, and in consideration of the testimony and evidence presented
at the hearinHs, the Applicant's request for a special exception
for delivery of foot reflexolo92;, energy therapy and ear candling
services and for yoga and meditation instruction with a limitation
of five classes per week and 10 persons per class, be and is hereby
approved. The Applicant shall maintain strict compliance with the
testimony and evidence presented to the Board. This decision
constitutes approval of only the use proposed by the Applicant and
defined herein, and does not relieve the Applicant from compliance
with all ordinances, requirements and regulations of the Township.
Finally, for the reasons expressed in the foregoinH conclusions of
law, the Applicant's request for a variance be and is hereby
denied.
LOWER ALLEN TOWNSHIP
ZONING HEARING BOARD
Date:
- 4
TOWNSHIP
1993 HUMA4EL A VEIVUE * CAMP HILL, PENNSYLVANIA 17011-5983
AGENDA MEMORANDUM
To:
From:
Date:
Board of Commissioners
John Eby ~C~'~''
February 2~ 2001
Subject: Item 11. c. on the 2-26-01 Regular Meeting Agenda
ZHB Docket 2000-16, the application of Susan Khne, 206 Locust Street, was discussed at your
March 12, 2001 Regular Meeting. I indicated that, in spite of participation by the Solicitor to
express concerns about off-street parking, the ZHB approved this home occupation application.
Because we did not have the written decision at that time, l indicated that staff would review it
and make a recommendation at your 2-26-01 meeting. Should you wish to authorize the Solicitor
to appeal this decision, that action should occur tonight. This will enable the Solicitor to meet the
filing deadline of March 13, 2001.
APPLICANT REQUEST: She wanted permission to conduct several personal health services for
which the practitioner needs no professional license. These sessions would be one-on-one, with a
gap of at least 15 minutes between appointments. She also wanted permission to teach yoga and
meditation to classes of up to 10 persons, with up to 5 classes per week. Both uses would be
conducted inside an accessory building in the back yard.
ZHB DECISION: They used a "catch-alT" subsection in the home occupation regulations to
determine that the teaching use was similar to other listed uses, and therefore permissible.
Consequently, a variance from the limit of 4 students for teachers and tutors, listed at another
subsection, was not deemed necessary.
IMPACT OF DECISION: Ms. Kline can apply for building, zoning and occupancy permission
based upon up to 10 students and up to 5 classes per week. Parking could become a significant
problem during classes because parking is prohibited on Locust Street, the applicant produced no
written parking agreement with any nearby property owner, and her driveway cannot
accommodate more than 4 cars (2 if adhering to minimum parking stall length standards.)
STAFF RECOMMENDATION: Authorize the Solicitor to appeal this decision to the
Cumberland County Court of Common Pleas. The ZltB should have concluded that the proposed
teaching use was similar to the subsection that limits class size to 4 students, lfthe decision
stands, the ZHB has overlooked a specific regulation in favor of a less restrictive and more
general regulation.
Phone: (717) 975-7575 ,, Fax: (717) 737-4182 o http://www, lower-allen.pa.us