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HomeMy WebLinkAbout11-0063~.f ~>la~ .':: i ~ ,~ ~~ ~''v "!,~ ~~ ~ ~ t ~ ! r:'?~~~E~l.~~~~~~~ Ctn..+~~"' ~.,~` ~~.. ,~.~ ~,,,~ i ern, ~?~ MEDA G. COLSON, COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW No. ~ ~l- ~3 ~'iY~ I LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Appellee LAND USE APPEAL NOTICE OF APPEAL MEDA G. COLSON, an adult individual, Appellant, appeals from the Decision of the Lower Allen Township Zoning Hearing Board ("Zoning Hearing Board" or "Board") and, in support thereof, avers as follows: 1. Appellant is Meda G. Colson, an unremarried widow, who resides at 2209 Orchard Road, Camp Hill, Pennsylvania 17011. 2. Appellee is Lower Allen Township Zoning Hearing Board, with a mailing address of 2233 Gettysburg Road, Camp Hill, Pennsylvania 17011. 3. Appellant is the owner of a single family residential property known and municipally numbered as 2213 Orchard Road, Camp Hill, Pennsylvania 17011 ("Property") 4. The Property is situate in an R-1 Residential Zone District ("R-1"), as such is defined in the Lower Allen Township Zoning Ordinance ("Zoning Ordinance") 5. Among other uses permitted in an R-1 is mavitenance of a single-family residence. 6. On or about August 4, 2010, Appellant requested that the Lower Allen Township Lnw O~t+tce Wm. D. Scwwcx, III Zoning Officer issue a Certificate of Nonconformance for a boarding house, as apre-existing use at ,~C~~53~7~. 2213 Orchard Road, Camp Hill, Pennsylvania. 7. On or about August 9, 2010, the Zoning Officer rendered a determination and communicated to Appellant in writing by correspondence dated August 9, 2010, and attached hereto as Exhibit "A", interalia, that a Certificate would not be issued for the property because the Township records do not contain any information that a boarding house was lawfully established at the address. 8. In addition to the denial of the Certificate of Nonconformance on the basis set forth in paragraph 6 hereof, as set forth in the written communication attached hereto as Exhibit "A", the Zoning Officer further determined as follows: "I was unable to locate any records pertaining to review of an unauthorized boarding house at this address. Sewer and trash billing has historically been for use as a single family dwelling." 9. In response to the denial by the Lower Allen Township Zoning Officer, Appellant submitted an Application for a Hearing before the Zoning Hearing Board of Lower Allen Township. 10. The case was assigned Docket No. 2010-08, and was heard by the Zoning Hearing Board on November 18, 2010. 11. At the conclusion of the Hearing before the Zoning Hearing Board, the Board denied the request of Applicant for a Certificate of Nonconformance. 12. On of about December 10, 2010, the Board issued its written decision, a copy of which I.nw Oe~ce WM. D. Sc[[xncx, III is attached hereto and marked as Exhibit "B". 13. Section 220-6 B of the Code of Lower Allen 'Township, as amended, provides: Page -2- "... the following words shall, for the purpose of this chapter, have the meanings herein indicated. Such definitions shall take precedence ofover] other definitions contained within other township codes and ordinances." 14. The decision of the Board failed to consider the definition of "family" as set forth in the Ordinance, specifically: "A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability." 15. The decision of the Board demonstrates that it failed to consider the occupants of the Appellant's property as a "family". 16. The failure of the Board to consider the definition of "family", as set forth in the Township Ordinance, and restated in the preceding paragraph, was arbitrary, capricious, an abuse of discretion and contrary to law. WHEREFORE, Appellant requests that this Honorable Court: 1. Reverse the action of the Lower Allen Township Zoning Hearing Board; 2. Declare that a group of eight unrelated males occupying asingle-family residence in an R-1 District is a "family", in accordance with the Ordinance definition of "family"; or, in the alternative, Lnw OF'~'~cs WM. D. Scxrsnc[c, III 3. Remand the case to the Lower Allen Township Zoning Hearing Board, and direct the Page -3- Board to consider and take action upon the request of the Appellant for the issuance of a, Variance to the guidelines of Zoning Ordinance or a Certificate of Nonconformance recognizing the propriety of the use undertaken as that of a "family". Respectfully submitted, WM. . SCHRACK III (#15893) Attorney for Appellant 124 West Harrisburg Street Dillsburg, PA 17019-1244 Phone: 717-432-9733 Fax: 717-432-1053 Email: schracklawna.comcast net raw o~~ Wnf. D. Scxxncx, III Page -4- ~~~ ,.,._ +r~--- _. ~''f ~'` / ~~~~ LOWERALLEN TOWNSH/P ,~_. ,. ~. 2233 GETTYSBUHG ROAD • CAMP H//LL, PENNSYL !/AN/A >70» August 9, 2010 Meda Colson 2209 Orchazd Road Camp Hill, PA 17011 Re: Nonconforming boarding house use at 2213 Orchard Road Dear Mrs. Colson: I have reviewed General Permit application 20100400 that you submitted on August 4, 2010, requesting a certificate of nonconformance for a boarding house use at 2213 Orchazd Road. I have also researched property records for 2213 Orchazd Road, and prior zoning ordinances. Township records do not contain any information indicating that a boarding house was lawfully established at this address. I was also unable to locate any records pertaining to review of an unauthorized boarding house at this address. Sewer_ and_trash billing has historically been for use as a single family dwelling. This property was located in a Single Family Zoning District by the 1956, 1995 and 2009 Zoning Maps. This property was located in an Apartment Office (AO) Zoning District by the 1968 Zoning Map; however, "boazding house" is not among the list of permitted uses within the AO Zoning District, according to t he 1968 Zoning Ordinance. For these reasons, I am denying your request to issue a certificate of nonconformance for a boazding house use at 2213 Orchazd Road. Please note that a decision or determination by the Zoning Officer can be appealed to the Lower Allen Township Zoning Hearing Boazd (ZHB)within 30 days from the date that your receive this notification. I have discussed your situation with your attorney, William Shrack, who indicated that he will be filing an ZHB application for a public hearing regarding this matter. Sincerely, .• U ~. John .Eby Zoning Officer C: William Shrack ~chibit "A" Phone: (717) 975-7575 •~ www.lower-allen.pa.us ry IN THE MATTER OF BEFORE THE LOWER ALLEN TOWNSHIP THE APPLICATION OF ZONING HEARING BOARD MEDA G. COLSON CUMBERLAND COUNTY; PENNSYLVANIA . DOCKET N0. 2010-08 DECISION DENYING A VARIANCE The Applicant seeks a use variance for_ a boarding home in an R-1 zoning district. A hearing was held before the Board on November 18, 2010. 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 Meda G. Colson, 2209 Orchard Road, Camp Hill, Pennsylvania, 17011. 3. The Applicant is the owner of the subject property. 4. The subject property is a parcel of land improved with a building having the appearance of a single-family detached dwelling, and known as 2213 Orchard Road. 5. The Applicant acquired the subject property in September of .2006 with her husband, who has passed away. Exhibit "B" r 6. At the time Applicant and her husband purchased the subject property, they also purchased a single-family detached dwelling at 2209 Orchard Road, where Applicant continues to reside. 7. Information the Applicant received from a realtor suggested that the subject property had been used a boarding home for more than 50 years, and the seller represented that the use as a boarding home was permitted. 8. The Applicant has continued the use as a boarding home. 9. The building on the subject property contains eight bedrooms, most or all of which are typically occupied by boarders, some long-term. 10. The zoning for the subject property has changed over the years, but a boarding home has never been a permitted use. 11. The Township has no record of ever issuing a nonconforming use permit for the subject property. 12. Two nearby residents appeared at the hearing in opposition to the requested relief. CONCLUSIONS OF LAW 1. Under Section 220-269 of the Codified Ordinances, the Zoning Hearing Board has jurisdiction tp hear and decide requests for variances. - 2 - v 2. A boarding home is not listed as a permitted use in the R-1 zoning district, under Section 220-11 of the Codified Ordinances. 3. There was no evidence of any unusual physical circumstances or conditions of the subject property. 4 . There was no evidence that the subject property cannot be developed in conforming with the Codified Ordinances. 5. The Applicant has not carried her burden of proof. DECISION Based upon the foregoing findings and conclusions, and in consideration of the testimony and evidence presented at the hearing, it is the decision of the Board that the Applicant's request for a variance be and is hereby denied. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Date : ~ ~~ (i' yjC~ (~ Solicitor - 3 - MEDA G. COLSON, COURT OF COMMON PLEAS Appellant CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 10- LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Appellee LAND USE APPEAL VERIFICATION I, MEDA G. COLSON, Plaintiff herein, verify that the facts set forth in this Notice of Appeal are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating to unsworn falsification to authorities. ~~--~~j'(__-~ EDA G. COLSON I,~W om+,cE WM. D. Sc~ucx, III MEDA G. COLSON, Appellant vs. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Appellee COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No.la_ __~_ _~ LAND USE APPEAL CERTIFICATE OF SERVICE The undersigned did serve the Notice of Appeal upon the following by United States First Class Mail, Postage Prepaid to: LOWER ALLEN TOWNSHIP 2233 Gettysburg Road Camp Hill, PA 17011-7302 LOWER ALLEN TOWNSHIP ZONING HEARING BOARD 2233 Gettysburg Road Camp Hill, PA 17011-7302 DENNIS J. SHATTO, ESQUIRE Cleckner & Fearen 119 Locust Street Harrisburg, PA 17101-1411 r r f__z~ . SCHRACK II 3) Attorney for Plaintiff 124 West Harrisburg Street Dillsburg, PA 17019 717-432-9733 Iaw O~tce WM. D. 3c~uc~, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEDA G. COLSON Vs. No. 11-63 CIVIL TERM LOWER ALLEN TOWNSHIP ZONING HEARING BOARD WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: LOWER ALLEN TOWNSHIP ZONING HEARING BOARD We, being willing for certain reasons, to have certified a certain action between MEDA G. COLSON VS. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable KEVIN A. HESS, PJ our said Court, at Carlisle, PA., the 4TH day of JANUARY 2011. D 1, Pro honotary (~ L1 G I 41 ~ o ~~ m } ~ U ~ ~ ~ ,~> ~ ~ ~ 0 a ~ ~ ~` ro ~ 0 ~ :: p, ~~ ~ > Ci ~~ 4 ~ •m ^ v ~ m « ~ > p ~ _ J . tri ~~ d - _ c~' ~ ~~ ¢ e ~ ~~^ ¢ v «: ~ ~ ~ m ~ ~. ~Q O ~ ~ N ~ ~ ~ \ O Irr Q.ffi ~~-Y rS ~ ~ ~;~ ~ ~ 8 ~ ~ r~~EtU O H ~ vi y ~ ~ ~ w ~ ~~ =~~rm G ¢' E m U ~~ r ~ ~ z ~ ~ ~° N a I hl 0 ~~ ^~~,P, '' c~ ~; ca .-- iy~ ;~} ~.~- os- =~ ~~ J~ tx ~- ~. [- • m a m -. -v ~v ~. 0 c 3 o~ a N '0 ~ ~ W ~ N g c z -i m N r~i 0 r m n m ~~ ~ ~~ c~i O Q°~ T7~ ~ ~ m, O ~ m, a j s x ~~ a FILED-0 F l A Steven P. Miner, Esquire Attorney I.D. No. 38901 ' td ' P Y.?• -- ?! F"a 3 Y Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101rol; ; ' Wormleysburg, PA 17043 ` E H' ?1 `i Vi., (717) 724-9821 MEDA G. COLSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Appellant VS. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD, CIVIL ACTION - LAW Appellee vs. NO. x-63 LOWER ALLEN TOWNSHIP, Intervenor ANSWER NOW COMES, the Intervenor, Lower Allen Township, and answers the Notice of Appeal of the Appellant, Meda G. Colson, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. A-1 • 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted only that Section 220-6B of the Code of Lower Allen Township is accurately stated. 14. Paragraph 14 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of Paragraph 14 are denied. Strict proof of same is demanded at trial. 15. Paragraph 15 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of Paragraph 15 are denied. Strict proof of same is demanded at trial. 16. Paragraph 16 is a legal conclusion to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments of Paragraph 16 are denied. Strict proof of same is demanded at trial. WHEREFORE, Intervenor requests that this Honorable Court affirm the decision of the A-2 Lower Allen Township Zoning Hearing Board and further Lower Allen Township requests this Honorable Court to dismiss this Notice of Appeal. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: By. ??. / Steve . Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717.724.9821 (phone) 717.724.9826 (fax) sminer@dzmmalaw.com A-3 VERIFICATION I verify that the statements made in this Answer to Notice of Appeal are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 pa. C.B. §4904, relating to unworn falsification to authorities. Dated: I Thomas G. Ve r. Lower Allen To hip Manager A-4 MEDA G. COLSON, Appellant VS. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD, Appellee VS. LOWER ALLEN TOWNSHIP, Intervenor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 10-63 CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Answer to Notice of Appeal via first class U.S. mail, addressed as follows: William D. Schrack, III, Esquire 124 West Harrisburg Street Dillsburg, PA 17019-1244 Attorney for Petitioner Dennis J. Shatto, Esquire Cleckner & Fearen 119 Locust Street Harrisburg, PA 17101-1411 Solicitor for the Lower Allen Township Hearing Board Thomas G. Vernau, Jr., Township Manager Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, Pennsylvania 17011 Date: January 2011 By: Steven B: Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717-724-9821 sminer -,dzmmglaw.com A-5 I Steven P. Miner, Esquire Attorney I.D. No. 38901 Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 i 11 dU, f J!.N 19 P11 > 0 {'+t ER 9 . ;•'?l 1, ?-\' C, U M 'rlfia ?v 4.i i 4 MEDA G. COLSON, Petitioner VS. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW • ?1 NO. 40-63 NOTICE OF INTERVENTION AND NOW COMES, Lower Allen Township, Cumberland County by its Solicitor, Steven P. Miner of Daley Zucker Meilton Miner & Gingrich, LLC, and notices this Honorable Court of its intervention in the appeal from the Decision of the Zoning Hearing Board of Lower Allen Township, pursuant to the provisions of Article X-A § 1004-A Intervention of the Pennsylvania Municipalities Planning Code of 1968, as amended 53 P.S. § 11004-A and Rule No. 2328 of the Pa. R.C.P. in the above-referenced matter as follows: 1. Intervenor, Lower Allen Township, is a first-class township duly organized and existing under the laws of the Commonwealth of Pennsylvania with its principal office located at Lower Allen Township Municipal Services Center, 2233 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. 1 2. Appellant is Meda G. Colson, an unremarried widow, who resides at 2209 Orchard Road, Camp Hill, Pennsylvania 17011. 3. Appellee is Lower Allen Township Zoning Hearing Board, with a mailing address of 2233 Gettysburg Road, Camp Hill, Pennsylvania 17011. 4. Appellant is the owner of a single family residential property numbered as 2213 Orchard Road, Camp Hill, Pennsylvania 17011 ("Property"). 5. The Property is situated in the R-1 Residential Zone District ("R-1") as such is defined in the Lower Allen Township Zoning Ordinance ("Zoning Ordinance"). 6. Appellant appeals from the Decision rendered by the Lower Allen Township Zoning Hearing Board on December 6, 2010. 7. The right of Lower Allen Township to enforce its zoning ordinance is impacted by this Appeal. 8. Lower Allen Township should be allowed to intervene to uphold the decision of the Zoning Hearing Board. 9. If permitted to intervene, Intervenor proposes to file the proposed Answer attached hereto as Exhibit "A". 2 WHEREFORE, Intervenor, Lower Allen Township, respectfully requests this Honorable Court to permit it to intervene in the above-referenced matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: - _ Steven/. Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717.724.9821 (phone) 717.724.9826 (fax) sminera,dzmmglaw. com VERIFICATION I verify that the statements made in this Notice of Intervention are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Dated: 1113 l , Thomas G. Verna Lower Allen Township Manager MEDA G. COLSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Petitioner VS. CIVIL ACTION - LAW LOWER ALLEN TOWNSHIP ZONING HEARING BOARD, NO. 10-63 Respondent CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that on the date indicated below, I served a true and correct copy of the foregoing Notice of Intervention via first class U.S. mail, addressed as follows: William D. Schrack, III, Esquire 124 West Harrisburg Street Dillsburg, PA 17019-1244 Attorney for Petitioner Dennis J. Shatto, Esquire Cleckner & Fearen 119 Locust Street Harrisburg, PA 17101-1411 Solicitor for the Lower Allen Township Hearing Board Thomas G. Vernau, Jr., Township Manager Lower Allen Township Municipal Services Center 2233 Gettysburg Road Camp Hill, Pennsylvania 17011 l Date: January-, 2011 By. Steven . Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 717-724-9821 sminerA,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEDA G. COLSON Vs. No. 11-63 CIVIL TERM LOWER ALLEN TOWNSHIP c o -n ZONING HEARING BOARD ? W -n _ CA G9 WRIT OF CERTIORARI =° r=; o COMMONWEALTH OF PENNSYLVANIA) z CDC") SS. D COUNTY OF CUMBERLAND) TO: LOWER ALLEN TOWNSHIP ZONING HEARING BOARD We, being willing for certain reasons, to have certified a certain action between MEDA G. COLSON VS. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD pending before you, do command you that the record of the action aforesaid with all things concerning said action, shall be certified and sent to our judges of our court of Common Pleas at Carlisle, within (20) days of the date hereof, together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, The Honorable KEVIN A. HESS, PJ our said Court, at Carlisle, PA., the 4TH day of JANUARY 2011. TRUE COPY FROM RECORD M Testimony VhWeot, I here unto set my hand and the of SW Coin at Cadwe, Pa. This del a1, 20 (L Pro#wwtary NOTICE is hereby given that the Zoning Hearing Board of Lower Allen Township, Cumberland County, Pennsylvania, will hold a Public Hearing on Thursday, November 18, 2010 at 7:00 p.m., at the Lower Allen Township Municipal Services Center, 2233 Gettysburg Road, Camp Hill, Pennsylvania to consider: 1. Docket #2010-08 - The application of Meda Colson, 2209 Orchard Road, Camp Hill, PA is requesting a use variance from Section 220-11 of the Codified Ordinances of Lower Allen Township (LAT Code). The applicant wants to continue using the property at 2213 Orchard Road as a non-conforming Boarding House. 2. Docket #2010-09 - The application of the McDonald's Corporation, One McDonald's Plaza, Oakbrook, IL 60523 is requesting a special exception in accordance with provisions of Section 220-241 to reduce the number of required parking spaces; and variances from Sections 220-242.L.(1), (2) and (4), and Sections 220-244.A.(3)(5) and (7) of LAT Code, regarding off-street parking lot design and access design to facilitate redevelopment of the property at 1100 Carlisle Road. 3. Docket #2010-10 -The application of Jeff McElwain, 1 Riddle Road, Camp Hill, PA is requesting a variance from Section 220-215.B.(2) of LAT Code. The applicant constructed a 6' fence that exceeds the maximum 3.5' height for a fence in the front yard. 4. Docket #2010-11- The application of Richard P. & Nancie Hart, 5154 Kylock Road, Mechanicsburg, PA is requesting a variance from Section 220-15.A.(1) of LAT Code. The applicant wants to construct a single family home at 4902 Whitlock Lane that would encroach 10' into the front yard setback. 5. Any matters of general business and to deliberate upon any such matters which are pending before the Zoning Hearing Board and which are appropriate for consideration at a public meeting. By Order of Lower Allen Township Ann Evertts Zoning Hearing Board Chairman i ?LOWEHALLEN rOWNSHIP 2233 GETTYSBURG ROAD • CAMP H//LL, PENNSYLVANIA 17011 October 21, 2010 Daniel Urie/Emily Gilberg The Patriot-News Company Classified Legals P.O. Box 2565 Harrisburg, PA 17105-2565 Dear Mr. Urie & Ms. Gilberg: Please place the enclosed Public Meeting Notice in the Legal Notice Section of the WEST on Friday, October 29, 2010 and Friday, November 5, 2010. The bill and proof-of-publication should be sent to this office. Sincerely, f Thomas G. Vernau, Jr. Township Manager /sm Enclosure Phone: (717) 975-7575 • www.lower-allen.pa.us The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechakcsrb. urg, PA 17050 Inquiries - 717-255-8213 LOWER ALLEN TOWNSHIP 2233 GETTYSBURG ROAD CAMP HILL P-a 17011 Z4e Patr1+otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according tc law.. deposes and says: That she is a Staff Accountant 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 date(s) indicated below. That neither she nor said Company is matter of said printed notice or advertising, and that all of the allegations of this statement as to the t me cation are true, and nal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the iirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds Ft6,,qci,-?qmp,?4?!,.Reonsylvanio 10 POP- - auphin in Miscellaneous Book "M", Volume 14, Page 317. This ad # 0002103990 ran on the dates shown below: Sworn to October 29, 2010 November 05, 2010 cribed before me this 05 d of to tuber, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L rJsner, Notary Public Lower Paxton TWp., Dauphin County i My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries J "?I MW7 QCT 19 2 ?,? LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Property Address 2213 Orchard Road. Q= r i41.,`' ?F ,?,r Hi 11 , PA 17 011 Applicant Name Me& G. Coleon Phone # 69.91-2169 Applicant Address 2209 Orchard Road, Cam Hi 11 PA 17011 Property owner Meda G. Col son Phone # - 695-2369 Owner's Address 2209 Orchard Drive Camp Hi 11, PA 17011 Zoning District: R-1 Present Use: _ Boarding House Relief Sought: ( ) Special Exception ( ) Variance ( X) Appeal from decision of (Complete Sec. 1) (Complete Sec. 2) Zoning Officer (Complete Sec. 3) Attach additional sheets if necessary to adequately explain the request 1. Special Exception A. Section of Zoning Ordinance: B. Describe proposed use: ' 2. Var' ce Section of Zoning Ordinance: This request for a variance re s to: Use: Setback: Height: Other: C. De be requested variance: D. The folio unique conditions are applicable to this property: E. State the hardship at exists: 3. Appeal from decision of Zoning c A. Section of Zoning Ordinance: B. Describe request: Grant of Use lance. enablinw the rec+nanit;.», of +i,- C. Date of decision of Zoning Officer: List of Attachments: Site Plan: Yes No X Other: to follow Certification by Applicant I hereby certify that I am the owner of record or am authorized by the owner of record to submit this application on the owner's behalf, and that the information submitted herewith is true and correct. I understand that false statements are subject to penalties of 18 PA C.S. Section 4904, relating to unsworn falsification to authorities. / .-* 664;,Ll 10-If-2010 Signature of Applicant Date f OFFICE USE ONLY Application Filed: bit, Date of ZHB Meeting: 11119 LUX Notice advertised on: i G! G ?, ? 17 G i Date Notice sent to Applicant: a bib Property posted on: i l W 100, Transcript received on: Decision received on: 1 Fee Paid: S ? "? Date Notice sent to Property Owners: 1 1 CI `,, 6 ; Decision sent to Applicant on: Rooming house Views of rooming house and another two-unit November 15, 2010 Zoning Hearing Board Ann Evertts, Chairperson Lower Allen Township Gettysburg Road Camp Hill, PA 17011 Dear Chairperson Evertts: A few days ago a notice was mailed from the township to neighboring residents. On the docket for November 180' is a request from the owner of the property located at 2213 Orchard Road for a variance from Section 220-11 to continue using the property as a non-conforming; boarding house. This letter is a request to you to deny the variance. This property was a boarding house when my family moved to Orchard Road in 1978. At the time, the Blumenstock's were the proprietors/owners. There were always a multitude of cars parked on either side of the narrow road, often facing the wrong direction and even parked too close to the fire hydrant. The trash that was put out included items not found in a conventional home-it looked like items from a business were routinely put out for pickup. The feeling on the street was that it detracted immensely from the property values of the other residences. Despite residents' feelings, the boarding house was something we had to get used to. I believe it was 2006 that the property was sold. Long time residents were happy about it, because township officials said that the property would not be grandfathered as a boarding house. Our street was now zoned as residential. The Cumberland. County assessment also considered it residential. However, the boarding house continues to operate without missing a beat. Since the ownership change, there has been no improvement except for some stones laid on the front yard for additional parking. There continues to be numerous cars parked (The most at one point was 12.) along the narrow street. Up until a few short months ago, when I believe the paperwork to request a variance was begun with the zoning hearing board, the trash from the house was put out at any day--even the afternoon of trash pickup-often several trash cans and large items such as plywood and appliances. A very good example of the inconsideration and total separation from trying to blend in with the neighborhood was the final straw for me: A mattress was put out for disposal and was laying out for at least three trash cycles until I actually called the township about it. The porch repair from a falling tree over six months ago is still lacking the finishing paint! In warm weather, one of the upstairs windows was being held up by a piece of wood-didn't appear to be a screen in the window. The boarding house detracts from the neighborhood. It is as though anything goes. Obviously a profit is being made without much concern. Long time residents feel, not only that it is an eye sore, we are not comfortable with some of the people we see going in and out of the property. Over the summer some of the men were so bold as to walk on the front yards of the properties at the end of the road. By the nature of the type of housing, the clientele are short term and transitional. We don't feel safe. If the people who purchased the boarding house felt it was a viable business, then the township did not step up at the time to inform them that Orchard Road was a residential neighborhood. It is now four years later and the owner is just now getting to the request for a `variance'?! As this has been a business for several years, the neighbors have gotten short shifted. We've put up with one house being given special treatment-whether they've overused the trash and water services or left their cars on the street when the township posted no parking for street clean up. Please vote no to a boarding house on Orchard Road. The problem outweighs the benefit Sincerely, Leg Lucy Harman And the neighbors on Orchard Road ti IN THE MATTER OF THE APPLICATION OF MEDA G. COLSON BEFORE THE LOWER ALLEN TOWNSHIP ZONING HEARING BOARD CUMBERLAND COUNTY; PENNSYLVANIA DOCKET NO. 2010-08 DECISION DENYING A VARIANCE The Applicant seeks a use variance for a boarding home in an R-1 zoning district. A hearing was held before the Board on November 18, 2010. 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 Meda G. Colson, 2209 Orchard Road, Camp Hill, Pennsylvania, 17011. 3. The Applicant is the owner of the subject property. 4. The subject property is a parcel of land improved with a building having the appearance of a single-family detached dwelling, and known as 2213 Orchard Road. 5. The Applicant acquired the subject property in September of 2006 with her husband, who has passed away. 6. At the time Applicant and her husband purchased the subject property, they also purchased a single-family detached dwelling at 2209 Orchard Road, where Applicant continues to reside. 7. Information the Applicant received from a realtor suggested that the subject property had been used a boarding home for more than 50 years, and the seller represented that the use as a boarding home was permitted. 8. The Applicant has continued the use as a boarding home. 9. The building on the subject property contains eight bedrooms, most or all of which are typically occupied by boarders, some long-term. 10. The zoning for the subject property has changed over the years, but a boarding home has never been a permitted use. 11. The Township has no record of ever issuing a nonconforming use permit for the subject property. 12. Two nearby residents appeared at the hearing in opposition to the requested relief. CONCLUSIONS OF LAW 1. Under Section 220-269 of the Codified Ordinances, the Zoning Hearing Board has jurisdiction to hear and decide requests for variances. - 2 - 4 2. A boarding home is not listed as a permitted use in the R-1 zoning district, under Section 220-11 of the Codified Ordinances. 3. There was no evidence of any unusual physical circumstances or conditions of the subject property. 4. There was no evidence that the subject property cannot be developed in conforming with the Codified Ordinances. 5. The Applicant has not carried her burden of proof. DECISION Based upon the foregoing findings and conclusions, and in consideration of the testimony and evidence presented at the hearing, it is the decision of the Board that the Applicant's request for a variance be and is hereby denied. LOWER ALLEN TOWNSHIP ZONING HEARING BOARD Date: Solicitor - 3 - Lower Allen township Zoning Hearing Board November 18, 2010 4 1 E X H I B I T S 2 2010-08 3 APPLICANT DESCRIPTION PAGE 4 1 Deed 13 5 2 Deed 14 6 3 Deed 14 7 4 Deed 14 8 5 Listing 16 9 6 Affidavit 16 10 HARMAN 11 1 - 7 Photographs 36 12 8 Photos, mounted 40 13 9 Photos, mounted 40 14 15 2010-09 16 APPLICANT 17 1-A Deed 60 18 1-B Merger documents 60 19 1-C Ground lease 60 20 1-D Authorization letter 60 21 2 Four photocopies of photos 61 22 3 Parking Chart 61 23 4 Siting Plan 62 24 5 Aerial photograph 64 25 6 Rendered elevations 64 Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 51 1 DOCKET 2010-08 2 3 CHAIRPERSON EVERTTS: Call the meeting of the 4 Zoning Hearing Board of Lower Allen Township to order. 5 The first thing on our docket is Docket 2010-08, 6 the application of Meda Colson, 2209 Orchard Road, 7 Camp Hill, who is requesting a use variance from 8 Section 220-11 of the Codified Ordinances of Lower 9 Allen Township. 10 The Applicant wants to continue using the 11 property at 2213 Orchard Road as a non-conforming 12 boarding house. 13 Before we get into any testimony, Kathy, will 14 you swear John in, please? 15 16 JOHN EBY, 17 Planning and Zoning Coordinator, 18 Being duly sworn by Kathryn Plizga, 19 Notary Public, was called and 20 Testified as follows: 21 22 CHAIRPERSON EVERTTS: John, were the 23 advertisements duly published and publicized? 24 MR. EBY: Correct. For the record, John Eby, 25 Zoning Officer, Lower Allen Township. Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 61 1 We had the legal ad in the paper two 2 successive weeks, not more than 30, not less than 3 seven days prior to the hearing. The subject property 4 was posted at least seven days prior to the hearing. 5 And in addition to those :requirements, we 6 sent notice of the hearing to the property owners within 7 a 300-foot radius. 8 CHAIRPERSON EVERTTS: Thank you. 9 Is there someone here that wants to present 10 this docket to the Board? 11 MR. SCHRACK: Yes, there is, Mrs. Colson, the 12 applicant. 13 CHAIRPERSON EVERTTS: Okay. Mrs. Colson, if 14 you would like to go over there, there is a microphone 15 there. 16 Before you start, you will have to be sworn in. 17 18 MEDA COLSON, 19 being duly sworn by Kathryn Plizga, 20 Notary Public, was called and 21 testified as follows: 22 23 EXAMINATION BY MR. SCHRACK: 24 Q. Ms. Colson, would you please state your name 25 and address for the record? Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-acle6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 7 1 A. Meda G. Colson, 2209 Orchard Road, Camp Hill, 2 Pennsylvania. 3 Q. Is that your primary residence? 4 A. It is. 5 Q. When did you purchase it? 6 A. In 2006, September 2006. 7 Q. Did you occupy it shortly after that as your 8 residence? 9 A. In December of 2006. 10 Q. All right. Did you acquire another property 11 at the same time? 12 A. Yes. 13 Q. Would you tell us what the address of that 14 property is? 15 A. 2213 Orchard Road. 16 Q. That is actually the subject of this hearing 17 tonight? 18 A. Yes. 19 Q. For what purpose was that property purchased? 20 A. It was purchased for rental as a boarding home. 21 Q. Was the status as a boarding home verified by 22 anybody p rior to your purchase? 23 A. Yes. Well, the multi-list had it listed as a 24 rental pr operty. Also, I talked to some of the residents 25 that were living there at the time; my husband as well. Leary Reporting (717) 233-2660 2302013f42ba4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 81 1 Q. The residents that were living in the boarding 2 house? 3 A. In the boarding house. 4 Q. Was there any discussion with the seller about 5 the use of the property? 6 A. Yes. We discussed the rentals that they, you 7 know, the amount they were charging for rent, how often. 8 It was on a weekly basis. 9 And that it had been a boarding home -- his 10 father had owned it and when his father passed away, 11 you know, he was the executor and he took care of it. 12 Well, he took care of it for 15 years as a boarding 13 home. 14 Q. Did he tell you for how long it had been used as 15 a boarding home? 16 A. Yes, 53 years. 17 Q. So he began using it as a boarding home when he 18 acquired that property or his father did I should say? 19 A. Shortly after I believe they acquired -- yes, it 20 was directly after from his information that he gave to 21 me. I think that was in 1957. 22 Q. I show you a copy of a deed that's dated 23 September 20, 2006, ask you to identify that to 24 determine whether or not it is the deed for the rental 25 property? Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 91 1 A. Yes, it is. 2 Q. And who is the seller or the grantor of that 3 property? 4 A. Larry A. Blumanstock, Trustee of the Elmer W. 5 Blumanst ock Family Irrevocable Trust. 6 Q. Is there a lot number described in there 7 anywhere ? 8 A. Yes, Lot 24. 9 Q. Of what? 10 A. It's of the Plan of Lots known as Spring Lake 11 Colony. 12 Q. I show you a deed now that's dated January 17, 13 1957, an d ask you to verify that it does in fact reflect 14 the same information? 15 A. It does. 16 Q. That is also Lot Number 24? 17 A. I'm looking for the lot number on it. No, it 18 says Lot Number 25. Oh, yes, it's adjacent to Lot Number 19 24. 20 Yes, it does. 21 Q. Would you please describe 2213 to the Zoning 22 Hearing Board? 23 A. It's a two-story frame building with a common 24 room, kitchen. It has four bedrooms on the first 25 floor -- it has -- and two baths; three bedrooms on the Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-ac1e6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 10 1 second floor and one bath. And it also has a common 2 area, laundry; a bedroom and a mina-kitchen in the 3 basement level. 4 Q. How many residents are in that home at the 5 present time? 6 A. There are seven at the present time. I just 7 recently had a vacancy, but normally we have eight 8 residents. 9 Q. When you purchased the property, how many 10 residents were there? 11 A. Eight. 12 Q. Have you had eight throughout the time of the 13 most recent vacancy? 14 A. Yes. 15 Q. Has there been any turn-over, any change of 16 occupants during that period of time? 17 A. Yes. 18 Q. Is the vacant space occupied quickly? 19 A. Oh, yes, as soon as I advertise I have a deluge 20 of calls, men and women callers. 21 Q. Are any of the occupants productively employed? 22 A. Yes, they are all productively employed. 23 Q. Do they own automobiles? 24 A. Yes. 25 Q. So they are mobile and functioning normally? Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-afgf acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 11 1 A. Yes. 2 Q. Has the question of the use of the property 3 been dis cussed with any of the residents? 4 A. As a boarding house, yes. Since they've seen 5 the sign posted in front of the house, they've come to me 6 and aske d what's happening and am I going to be out on 7 the stre ets. They're worried. 8 Q. When you bought the property, were you married? 9 A. Yes. 10 Q. Were you recently widowed? 11 A. Yes, in April. 12 Q. In April of this year? 13 A. This year. 14 Q. To the best of your knowledge, had your 15 husband done the due diligence work to verify that this 16 could be utilized as a boarding home? 17 A. I'm not sure what that is. But we just 18 verified it with the real estate company and the 19 previous owner. 20 Q. Okay. How did his death impact you financially? 21 A. I lost a third of my income from our 22 retirement. 23 Q. So is it safe to say you're dependent upon 24 this property for your livelihood? 25 A. Oh, yes. Leary Reporting (717) 233-2660 2302013f-62bc-4999-ai9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 12 1 Q. Would you have purchased the property if you 2 knew the use could not have been continued? 3 A. We would not have. 4 Q. I am going to show you a real estate listing 5 sheet and ask you to read the notation near the bottom 6 that's been highlighted. 7 A. "Unique opportunity to own two income-producing 8 properties. One, an eight bedroom house with rooms 9 rented at $85 a week, a three bedroom two bath Cape 10 Cod style home rented for $950 a month plus two 11 over-sized garages which could generate additional 12 income." 13 Q. Is it on that information that you based at 14 least a part of your decision to purchase the property? 15 A. Yes, we were looking for -- we had both turned 16 60 -- and we wer e looking for an income property adjacent 17 to a property so that we could be right next door to our 18 retirement. 19 MR. SCHRACK: Does the Board have any questions 20 of Mrs. Colson? 21 MR. BONNEVILLE: Do you plan to enter these 22 deeds and the advertisement as exhibits? 23 MR. SCHRACK: I don't have the advertisement, 24 but I will certainly enter these deeds as exhibits, yes. 25 Oh, this? Yeah, the multi-list, yes. Leary Reporting (717) 233-2660 2302013f-62bc,4ee9-af9f-ac1e6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 13 1 The first five are instruments that Mrs. Colson 2 referred to in her testimony. 3 Last is an affidavit of a James Moran. He 4 was planning to be here tonight but had to go to Maine 5 for some closing of property. There are a number of 6 representations he makes, but the key point is that the 7 Colson property at 2213 Orchard Road has been occupied as 8 a boarding house since Blumanstock purchased it from 9 Eckert in 1957. 10 I'll present these six. 11 MR. SHATTO: I'll take them. May I just take 12 a minute and make sure we have these identified. They're 13 already marked. 14 Exhibit No. Applicant 1 is the deed dated 15 May 26, 1951, consists of two pages. Exhibit No. 16 Applicant 2 is a deed dated January 17, 1957 recorded 17 in Deed Book P 17, page 117. 18 19 (Exhibit No. Applicant 1, deed 20 Dated 5-26-51, marked for identification.) 21 22 (Exhibit No. Applicant 2, deed 23 Dated 1-17-57, marked for identification.) 24 25 MR. SHATTO: Exhibit No. Applicant 3 is a Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-aci oNG9491 b Lower Allen Township Zoning Hearing Board November 18, 2010 14 1 copy of a deed dated September 29, 2006 recorded in 2 Book 277, page 2557. 3 4 (Exhibit No. Applicant 3, 5 Deed dated 9-29-06, marked for 6 Identification.) 7 8 MR. MINER: Mr. Solicitor, Steve Miner for the 9 Township. Could you identify that the address is on 10 those deeds? 11 MR. SHATTO: I will. Let me go back. 12 Let me finish on Exhibit No. Applicant 4 13 though, that's a four-page document. Applicant 1 is a 14 one-page document. 15 16 (Exhibit No. Applicant 4, 17 Deed dated 9-26-06, marked for 18 Identification.) 19 20 MR. SHATTO: Let me go back to Exhibit No. 21 Applicant 1. It looks like -- 22 MR. SCHRACK: Mr. Shatto, you can't tell from 23 that instrument, but that is the property that was 24 occupied first by the Blumanstocks and now by the 25 Colsons as a primary residence, it's 2209. Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 15 1 1 MR. SHATTO: It appears that this deed is 2 recorded in Book 14 Q, page 461, and it identifies -- it 3 describes Lot Number 25 on a Plan of Backenstoss Realty 4 Company known as Spring Lake Colony. 5 Do you want me to read the names? Would it help 6 anybody to know the names of the parties to the deeds or 7 you have those in your minutes? 8 MR. MINER: I have notes, Mr. Shatto. I know 9 the one is 2209 and one is 2213. I'm trying to make 10 sure I understand which is which. 11 MR. SHATTO: Yes, this first one was 12 identified by reference to the lot number on that plan. 13 I don't see a reference to an address on here, Mr. Miner. 14 But if I do on the other ones I'll mention it. 15 Exhibit No. Applicant 2 appears to be a deed 16 for lot number 24 on the same plan. It does indicate 17 that it has a two-story dwelling house, no property 18 address indicated. 19 Exhibit No. Applicant 3, lot number -- I think 20 it's 25 -- yes, it appears to be referring to the same 21 plan as before but I don't see in the body of the deed 22 a reference to the property addre ss. 23 Exhibit No. Applicant 4 is a deed dated 24 September 29, 2006, from Larry A. Blumanstock, Trustee of 25 the Elmer W. Blumanstock Family I rrevocable Trust to Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 16 1 1 Mr. and Mrs. Colson. 2 That describes lot number 24. It mentions that 3 it has an erected on it a two-story dwelling house. 4 Exhibit No. Applicant 5 appears to be a page 5 of listing -- real estate company listing information 6 that I believe Mrs. Colson referred to during her 7 testimony. It does indicate a selling office Remax 8 A-1 Realty. 9 Exhibit No. Applicant 6 is the affidavit that 10 Mr. Schrack referred to dated November 15, 2010, signed 11 by James W. Moran. 12 13 (Exhibit No. Applicant 5, 14 Real Estate Listing, marked for 15 Identification.) 16 17 (Exhibit No. Applicant 6, 18 Affidavit dated 11-15-10, marked 19 For identification.) 20 21 MR. SHATTO: Would you like to take a moment 22 to look at these or does the Board want to see them 23 first? 24 While we're waiting for that, Mrs. Colson, 25 Colson, I had one quick question. I didn't get it in Leary Reporting (717) 233-2660 - 2302013f-62bc4ee9-ai9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 17 1 my notes. 2 But you mentioned the basement. Does that 3 have one bedroom? 4 THE WITNESS: Yes. 5 MR. SHATTO: And any bathrooms? 6 THE WITNESS: Yes. 7 MR. SHATTO: One? 8 THE WITNESS: There are four bathrooms in that 9 whole building. 10 MR. SHATTO: How many in the basement? 11 THE WITNESS: One. 12 MR. BONNEVILLE: And how many bedrooms are on 13 each of the other floors? 14 THE WITNESS: There are four on the first 15 floor and three on the second floor. 16 MR. BONNEVILLE: And how many parking spaces 17 are available for your tenants? 18 THE WITNESS: I have five, and then there is 19 street parking available as well. I have five parking 20 spaces set aside, and then there's street. 21 CHAIRPERSON EVERTTS: Any other questions? 22 MR. BONNEVILLE: No. 23 MR. MASSOTT: Mrs. Colson, I'm unclear what 24 you said as to whether or not there was due diligence 25 before you purchased the property. Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 18 1 THE WITNESS: Well, I never heard that term at 2 that time so what we did is we believed what 3 Mr. Blumanstock and the real estate agents told us. 4 And of course the property had been in continuous 5 operation as a boarding house for 53 years. 6 MR. BONCAROSKY: I have a few questions, 7 Mrs. Colson -- 8 THE WITNESS: Yes, go right ahead. 9 MR. BONCAROSKY: -- I am Leon Boncarosky. Do 10 you rent by the day, week or the month? 11 THE WITNESS: Weekly or or monthly. My 12 husband had given them a choice. If they paid weekly 13 it was a certain figure, if they paid monthly then we 14 gave them a substantial break in the rent. So either -- 15 we have about half -- half and half. 16 MR. BONCAROSKY: Now, you mentioned that you 17 advertise whenever you have an opening -- 18 THE WITNESS: Yes. 19 MR. BONCAROSKY: -- a vacancy? 20 THE WITNESS: Yes. 21 MR. BONCAROSKY: How do you advertise? 22 THE WITNESS: In the paper. 23 MR. BONCAROSKY: In the Patriot News? 24 THE WITNESS: Patriot news. 25 MR. BONCAROSKY: Just so that I understand, Leary Reporting (717) 233-2660 2302Oi 3f-62bc-4ee9-af9f-act e6d6949l b Lower Allen Township Zoning Hearing Board November 18, 2010 19 1 1 in terms -- and I am not -- this term is something you do 2 come across, due diligence. It's just to ensure that 3 whatever you think is the situation is true. 4 So in terms of due diligence, you relied on 5 the multi-list notice and you relied on the seller? 6 THE WITNESS: Yes. 7 MR. BONCAROSKY: And then you just mentioned 8 the real estate agent, did he make that affirmation 9 that it was an approved boarding house? 10 THE WITNESS: I don't know that he said 11 approved, but I guess I assumed that because the listing 12 stated that. 13 MR. BONCAROSKY: Now, at your closing were 14 you represented by an attorney? 15 THE WITNESS: We were not. Well, the 16 attorney for the real estate company, yes, yes, for 17 Remax. 18 MR. BONCAROSKY: Now, you may or may not be 19 able to answer this question, but maybe your attorney 20 can. Are boarding houses in Pennsylvania required to 21 undergo any initial or annual inspection such as for 22 fires? 23 THE WITNESS: I don't know. I have fire 24 insurance. My insurance company was very specific on 25 what we had to do in order to have it insured for fire, Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 20 1 I do know that. 2 MR. BONCAROSKY: Thank you very much. 3 I have a question for Mr. Eby. 4 In your letter of October 11 you mentioned 5 that -- I'll just quote -- you made a reference to a 6 sewer rate, you said sewer and building -- or 7 building has historically been used as a single 8 family dwelling? 9 MR. EBY: Okay, you're referring to a letter 10 dated August 9, 2010, that I wrote to Meda Colson with a 11 copy to Attorney Schrack? 12 MR. BONCAROSKY: Yes, it is. 13 The question I have for you, I did look at the 14 web site for the township. And I did not see anything 15 except rates for I guess a single dwelling. Are there 16 special or different rates for businesses? 17 MR. EBY: Yes. A business rate is typically 18 done on a metered basis. And perhaps the sewer 19 authority -- I am not thoroughly familiar with the 20 building -- but I would think that they would bill due to 21 multi-family issues, that they would bill multiple 22 dwelling units. 23 MR. BONCAROSKY: So that when someone requests a 24 business license, this is when this information would 25 become available to them? Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 21 1 1 MR. EBY: The township doesn't have a business 2 license program, but at some point there should have 3 been a zoning permit application. 4 When Mrs. Colson found out about the problem, 5 she did apply for a zoning permit. But I had to deny 6 that based on the zoning district. 7 MR. BONCAROSKY: So to summarize, there are 8 different rates for businesses when it comes to sewer 9 rates? 10 MR. EBY: Correct. The business would be on a 11 metered basis for water consumption, whereas a single 12 family dwelling has a flat rate. 13 MR. BONCAROSKY: Okay, thank you very much. 14 MR. BONNEVILLE: John, are you aware of 15 whether the state has licensing or inspection 16 requirements with regards to boarding houses? 17 MR. EBY: I am not aware of any. 18 MR. BONNEVILLE: The township does have 19 regulations? 20 MR. EBY: We have a property maintenance code, 21 we do not have a licensing for boarding homes. We have a 22 fire code, but there are no annual permit requirements 23 for a boarding home. 24 MR. BONNEVILLE: Do you know if this property 25 meets the township codes? Leary Reporting (717) 233-2660 2-302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 22 1 1 MR. EBY: I don't have that information. We 2 have not done any inspections of the property 3 internally. 4 CHAIRPERSON EVERTTS: Question? 5 THE WITNESS: Yes. 6 CHAIRPERSON EVERTTS: When a room is available, 7 do you put out a "for rent" sign? 8 THE WITNESS: No. 9 CHAIRPERSON EVERTTS: The other thing, as you 10 said that your insurance company made you do certain 11 fire safety things. 12 Can you describe those for me? 13 THE WITNESS: Yes. In the basement the former 14 owner had had some kind of a big stove down there, it 15 burned coal and oil and it was hooked up to the system. 16 And it had not been used for, I guess, many years. 17 And they had us remove that to make sure that it 18 could not be used because it was against the current 19 codes. So we had that dismantled and removed it. 20 That's the major thing I can think of. They 21 were sure that we had all the proper smoke alarms and 22 all those things. But I know the major thing was 23 removing that and making sure that the furnace was 24 cleaned, the flus were cleaned, all the things -- 25 CHAIRPERSON EVERTTS: How about escape routes? Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-acle6d69481b Lower Allen Township Zoning Hearing Board November 18, 2010 23 1 1 THE WITNESS: Pardon me? 2 CHAIRPERSON EVERTTS: Second floor escape 3 routes, basement escape routes? 4 THE WITNESS: They didn't say anything about 5 that. The basement walks right out to a door, and the 6 second floor walk can go right out onto a roof. So 7 they have good roof -- 8 But no, they did not say that, no. 9 CHAIRPERSON EVERTTS: Can you tell me what 10 the legal/technical definition of a boarding home is? 11 THE WITNESS: A home that you own and you rent 12 out rooms to boarders. And that's all I know. That 13 they have common areas. 14 I don't have a technical definition other than 15 that. 16 CHAIRPERSON EVERTTS: And under what 17 requirements are common areas required? 18 THE WITNESS: I do not know. But they have -- 19 I know what I have. 20 CHAIRPERSON EVERTTS: Your insurance, is your 21 insurance as a business? You're insured as a business? 22 THE WITNESS: Uh-huh. 23 May I say something also concerning the sewer 24 and the water and the different bills? I specifically 25 asked those things to the previous owners because it was Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-acl e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 24 1 a multi-unit place. And I was told it was grandfathered 2 in. So -- just so you know. 3 CHAIRPERSON EVERTTS: Are there any other 4 questions from the Board? 5 MR. BONCAROSKY: I'm sorry, I was looking at 6 one of the exhibits. Would you repeat what you just 7 said on what was grandfathered? 8 THE WITNESS: I said, don't I have to have a 9 different type -- I did not say this but this is what I 10 asked him specifically -- don't I have to have a 11 different set-up for the sewer because it's multi, you 12 know, there's multi units? 13 And they said no, that this boarding house was 14 grandfathered in. If I ever sold it I would have to 15 change it, but as it was it was just under a single 16 family dwelling. 17 MR. BONCAROSKY: I'm sorry, I missed it. 18 Who was the individual who was telling you 19 that? 20 THE WITNESS: Mr. Blumanstock. 21 MR. BONCAROSKY: Okay, thank you. 22 CHAIRPERSON EVERTTS: So he told you that it 23 was okay for him to sell it and that there would be no 24 change, but if you sold it then there would need to be 25 a change? Leary Reporting (717) 233-2660 2302013f-62bc-4&99-af9f-acl e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 25 1 1 THE WITNESS: Yes, if the -- and also the 2 assessment officer told me the same thing. Two years 3 ago he came by and I took him through things. 4 And he said that if I ever sold it it could 5 never be a boarding house again, you know. So it was 6 now. 7 CHAIRPERSON EVERTTS: Didn't that give you a 8 little clue, a little red flag why it was okay for you to 9 buy it but it wouldn't be okay for you to sell it? 10 BY MR. SCHRACK: 11 Q. When did you have that conversation with the 12 assessor? 13 A. A few years ago. 14 Q. Two years after you purchased the property? 15 A. Yes. 16 MR. SCHRACK: Is Mr. Ebby available to answer 17 some questions? 18 MR. EBY: Absolutely. I've been sworn. 19 20 JOHN EBY, 21 Planning and Zoning Officer, 22 Being previously sworn, was 23 Called and testified as follows: 24 25 EXAMINATION BY MR. SCHRACK: Leary Reporting (717) 233-2660 - 2302013f-62bc-4ee9-af9f-ac1e6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 26 1 1 Q. How long have you been the zoning officer for 2 the Lower Allen Township? 3 A. Twenty-five years. 4 Q. In that 25 years, have you ever had problems 5 with 2213 Orchard Road? 6 A. A few. Some complaints about cars parking, 7 you know, too many cars parked on the street, cars 8 parked in the front yard. 9 We recently had some complaints about a 10 mattress that was out for about three weeks, a few 11 trash cycles, that was taken care of. 12 We had some allegations that -- you mentioned 13 the Moran situation. 14 Q. Yes. 15 A. Back during the legal resolution of the Moran 16 situation it was alleged that there were several 17 apartments and boarding homes in the neighborhood, but 18 nothing concrete was determined. 19 Q. Was there any complaint about the conduct of 20 the residents of 2213 that if you remember? 21 A. If there were, they wouldn't have come to me 22 as a zoning officer, it probably would have been the 23 police department. 24 Q. Were you ever contacted about the status of this 25 property, say in the past few years prior to or about the Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-aci a6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 27 1 time it was sold? 2 A. I recall a realtor checking with me, I don't 3 think I have a phone log from four years ago, you said 4 September of '06? 5 Q. That's right. 6 A. I don't know if I have a phone log from then but 7 I do distinctly recall talking to a realtor. I don't 8 know if the realtor was representing the buyer or the 9 seller, regarding the Blumanstock property. I 10 specifically advised the realtor that we had no record of 11 an authorized lawfully existing boarding home. 12 And I advised that the property be listed as a 13 single family dwelling because that's what the zoning 14 district is. 15 Q. You don't have any idea who that realtor was? 16 A. I'm sorry, it was four years ago. You know, 17 if I kept the phone log and I could stumble -- what month 18 would that be? September, August of '06? If I by 19 chance had it, I might have the name, but I don't recall 20 it. 21 Q. All right. One other question. 22 Would continuation of that use in your opinion 23 adversely affect the community, that immediate community 24 on Orchard Road? 25 A. Well, I don't know the scope of the use prior, Leary Reporting (717) 233-2660 22302013f-62bc-4ee9-af9f-act e6d68491 b Lower Allen Township Zoning Hearing Board November 18, 2010 28 1 1 so if there are more cars or there are more tenants 2 then it could adversely affect -- I don't know the 3 quantitative history of the scope of Blumanstocks' use to 4 answer that any differently. 5 MR. SCHRACK: Larry Blumanstock agreed to be 6 here tonight, but I can't think when he told me -- 7 I have no other questions for Mr. Eby, thank 8 you. 9 CHAIRPERSON EVERTTS: Does the board have any 10 additional questions? 11 MR. BONNEVILLE: For a legal boarding house 12 in Lower Allen Township, how many parking spaces would be 13 required for a unit with eight individual units? 14 MR. EBY: It would be at least eight. Our 15 ordinance does not specifically -- in the list of 16 requirements for off-street parking -- list boarding 17 homes. 18 The closest would be an efficiency or studio, 19 multi-family apartment. And that is one per dwelling. 20 So based on the testimony my answer would be 21 eight. 22 CHAIRPERSON EVERTTS: Dennis? 23 MR. SHATTO: Nothing. 24 MR. MINER: Thank you, Madam Chairman. Just 25 a few. Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-ac196d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 29 1 1 First to Mrs. Colson. 2 3 MEDA COLSON, 4 Being previously sworn by Kathryn 5 Plizga, Notary Public, was called 6 And testified as follows: 7 8 EXAMINATION BY MR. MINER: 9 Q. Mrs. Colson, when you purchased the property 10 were you aware that the zoning there was R-1 for single 11 family homes? 12 A. Yes, that was why I asked the previous owner 13 about the wate r and the sewer and how it would be paid. 14 And they said, it is a single family dwelling. That's 15 how they said it was listed and it is indeed listed that 16 way. 17 Q. Besides the previous owner., did you make any 18 inquiries of the township o fficials? 19 A. I did not. 20 Q. Ma'am, part of the reason we're here is to 21 determine a variance based on use. Is there any reason 22 that your property at 2213 cannot be used as a single 23 family residence? 24 A. Well, it does have eight bedrooms and four 25 bathrooms. That is kind of a large area for a single Leary Reporting (717) 233-2660 2302013f-62ba4ee9-af9f-ac1e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 30 1 1 family. 2 Q. But it could be. I mean, if someone had many 3 children that might be perfectly reasonable-sized house? 4 A. I guess it could be. 5 Q. There was also some issue with parking. Do you 6 currently have a paved parking area. 7 A. Not -- I have stone down because there was a 8 problem with the cars parking on the street. They 9 were getting big ruts in the road and puddles, and it 10 was muddy all the time. 11 So Ken put stone down so they could just pull 12 off, and that problem was alleviated then. 13 Q. Did you request a permit from the township to 14 create that impervious paving area? 15 A. I don't think Ken did, no. He just threw a 16 little stone in there and said, pull off. 17 MR. MINER: Madam Chairman, may I also direct 18 some questions of Mr. Eby? 19 CHAIRPERSON EVERTTS: Yes. 20 21 JOHN EBY, 22 Being previously sworn by Kathryn 23 Plizga, Notary Public, was called 24 And testified as follows: 25 Leary Reporting (717) 233-2660 2302013f-62bc-4999-ef9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 31 1 EXAMINATION BY MR. MINER: 2 Q. Mr. Eby, in your capacity as zoning officer, 3 do you have a history of when zoning began in Lower Allen 4 Township? 5 A. Yes, 1956. 6 Q. And the area where the property at 2213 Orchard 7 Road is located, can you tell us the various zoning 8 classifications since 1956? 9 A. Yes, in 1956 the classification was R-1 single 10 family. The 1968 zoning ordinance created an 11 apartment/office zoning district in which this property 12 was located And until the 1995 zoning ordinance, which 13 reverted it back to R-1 single family. The 2009 zoning 14 ordinance retained it as R-1 single family. 15 Q. Mr. Eby, during any of those classifications was 16 a boarding home a permitted use in those zoning 17 districts? 18 A. No, it was not. 19 Q. Mr. Eby, we also heard testimony about the 20 unpaved or I guess stone parking area. Is that 21 permissible in Lower Allen Township? 22 A. It could be. The ordinance requirements from 23 the zoning board dictate a criteria for design of an 24 off-street parking lot and would require zoning approval. 25 In addition, based on our storm water Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-ac1e6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 32 1 management regulations, there would be a storm water 2 review by the township engineer and potentially there 3 could be some infiltration or water quality issues to 4 address. 5 Q. You heard some testimony about successive 6 ownership -- and we don't have witnesses today - - but 7 there has been a comment that it has been used as a 8 boarding home. Has the township ever issued any 9 non-conforming use certificate for the property? 10 A. No. 11 MR. MINER: Thank you. 12 CHAIRPERSON EVERTTS: Thank you. 13 Before I go to any public comments, are there 14 any other questions? 15 Is there anyone present that would like to 16 testify for or against? Yes, ma'am? 17 If you could come up to the microphone, give 18 your name and address and be sworn in. 19 MS. HARMAN: My name is Lucy Harman. I live 20 at 2237 Orchard Road. 21 22 LUCY HARMAN, 23 Being duly sworn by Kathryn Plizga, 24 Notary Public, was called and 25 Testified as follows: Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-act e6d69481 b Lower Allen Township Zoning Hearing Board November 18, 2010 33 1 1 2 MS. HARMAN: I have written a letter, and I 3 do have a copy of it. But before I go into that, I am 4 much more of a visual person. 5 And 2213 is just a vague notion of a number on a 6 street for you. But I would like to show you what 7 property you're looking at. 8 May I? 9 CHAIRPERSON EVERTTS: Did you want to enter 10 these as exhibits? 11 MS. HARMAN: I would like you to return these 12 two that are on paper. You may have these permanently if 13 you would like. 14 And the parking I have on my camera and I was 15 never - - just the same -- would that be -- 16 MR. SHATTO: Yes, as long as they're the same. 17 They're the same thing, right? 18 Let me see what you have. 19 MR. EBY: I have some extra copies of her 20 letter in case she would like to read it to you. 21 MS. HARMAN: This is about two years ago, 22 this is the way the parking in the front looked. 23 MR. SHATTO: Hold on a second, let me get 24 these i dentified. Is your name H-A-R-M-A-N? 25 MS. HARMAN: Yes, it is. Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-afgf-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 34 1 1 MR. SHATTO: May I see that other one first? 2 MS. HARMAN: This is the property on the side 3 with the parking on the grass. 4 MR. SHATTO: Okay, well, let me -- before we 5 do that -- 6 MS. HARMAN: I just think if you would like, my 7 letter will be more -- 8 MR. SHATTO: No, it's okay, but I want to make 9 sure -- now, you're holding -- are you holding copies 10 of these same exact photos? 11 MS. HARMAN: No, no. 12 MR. SHATTO: Oh, these are different? 13 MS. HARMAN: Right. I would like those back, 14 but these ar e differ ent. 15 MR. SHATTO: Okay. I don't know if there's 16 any way that we can get -- 17 MR. EBY: I can make color copies. 18 CHA IRPERSON EVERTTS: Make copies? 19 MR. SHATTO: -- something of a copy. 20 It really w ouldn't make a whole lot of sense 21 to be talkin g about these if we can't make these part of 22 the record. 23 MS. HARMAN: Not yet? 24 MR. SHATTO: Then -- 25 MS. HARMAN: I would like to know what you're Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-ac1 e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 35 I 1 looking at. 2 MR. SHATTO: Well, let me mark -- you want to 3 give those to us? 4 MS. HARMAN: Yeah. 5 Now, the two in my camera are parking, so if 6 you would like to see them they are visual but they're 7 obviously -- 8 CHAIRPERSON EVERTTS: Well, I can't look at 9 those right now. Let Mr. Shatto mark these. 10 Meanwhile, if you don't mind, John, making 11 copies of those two that we can give those -- 12 MR. EBY: And the copies will become exhibits? 13 CHAIRPERSON EVERTTS: Yes. 14 MR. EBY: So I'll make eight? 15 MR. SHATTO: We only need one set. 16 CHAIRPERSON EVERTTS: We only need one. 17 MR. EBY: I'll make one set for the reporter 18 to put in the transcript -- 19 CHAIRPERSON EVERTTS: That's fine. 20 MR. EBY: -- and one in our file. 21 MS. HARMAN: When you complete those, may I 22 just use them as I'm talking? 23 MR. SHATTO: Yes. 24 I've marked the first seven photographs -- 25 and these are actually prints -- I guess were they Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 36 1 1 five, something like that? 2 MS. HARMAN: Four by six. 3 (Exhibit Nos. Harman 1 through 4 Harman 7, photocopies of photographs, 5 Marked for identification.) 6 7 MR. SHATTO: I've marked these as Harman 1 8 through Harman 7. So there are seven of them. 9 I have them in the order that Mrs. Harman handed 10 them to me. And if you could just go through them in 11 this order -- 12 MS. HARMAN: I would be happy to -- 13 MR. SHATTO: -- and describe what they show 14 and any other copies of -- 15 MS. HARMAN: The first picture is of 2213, 16 just showing where you can see the numbers, so you can 17 see the picture is of the property. It's showing some -- 18 a car parked -- and this is as close as they park. 19 And also that the porch is unfinished as far 20 as the painting. 21 MR. SHATTO: Now, that's Harman 1 that you just 22 described? 23 MS. HARMAN: Right. 24 Harman 2, as my letter will describe, they're 25 just parts of the property that I've highlighted. That's Leary Reporting (717) 233-2660 2302013f-62bc-4ea9-af9f-act e6d69481 b Lower Allen Township Zoning Hearing Board November 18, 2010 37 1 the upstairs window, no screen, being held by a piece of 2 wood. The front porch just stuff. 3 MR. SHATTO: That's Harman 2. 4 MS. HARMAN: And some of these are on different 5 dates, just the same . You know, the porch is just -- 6 MR. SHATTO: So Harman 3 is essentially of the 7 front porch? 8 MS. HARMAN: Right. 9 Also, on the front porch, you can see the 10 number very clearly, that the parking is right up 11 against the house. 12 MR. SHATTO: Harman 4 alsd shows mostly the 13 first floor of the front porch area'? 14 MS. HARMAN: The next three are similar. It's 15 the mattress and the trash that was put out, and actually 16 out for over three cycles before it was picked up after I 17 called. 18 MR. SHATTO: Harman 5 appears to have in the 19 lower portion of the photograph, it appears to be a 20 mattress or a set of box springs, the lawn area behind 21 it. 22 Harman 6 -- Ms. Harman, would you mind -- I'm 23 sorry to -- 24 MS. HARMAN: And there's similar nature -- 25 MR. SHATTO: Which house is shown on the left Leary Reporting (717) 233-2660 2302013f-62bo-4ee9-af9f.ac1 e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 38 1 side? 2 MS. HARMAN: This is 2209. 3 MR. SHATTO: 2209 Orchard Road. And you 4 wanted to point out to -- is it -- 5 MS. HARMAN: It's the trash. 6 MR. SHATTO: -- something that's laying along 7 the street there -- 8 MS. HARMAN: Not so much -- 9 MR. SHATTO: -- the driveway? 10 MS. HARMAN: Not so much that it's trash, but 11 this home has had trash put out on the day of trash 12 and again that very evening that's out till the next 13 whole cycle. That particular grouping of trash was out 14 over three trash cycles, just out. 15 Never pulled back when it wasn't picked up, just 16 left out. Not my favorite -- 17 MR. SHATTO: Before you go on, Harman 7 shows 18 what, some kind of a structure laying along the -- is 19 that laying along the driveway? 20 Is that the same thing that's shown in the 21 previous photographs? 22 MS. HARMAN: It could have bee n a different 23 day though. It was out a couple -- it was out a while. 24 CHAIRPERSON EVERTTS: It looks like the exact 25 same -- Leary Reporting (717) 233-2660 230201 U-62bc4ee9-af9f.ac196d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 39 1 MS. HARMAN: Maybe a different day. 2 MR. SHATTO: Do you believe it's the same 3 thing though that's shown in Harman 6? 4 MS. HARMAN: Those two items were the same. 5 MR. SHATTO: Now, we're going to let you keep 6 your origina ls. I am going to mark this next -- 7 Do you have anything else to say about these or 8 are you want ing -- 9 MS. HARMAN: Those are actually 2010. 10 MR. SHATTO: These were taken in 2010? 11 MS. HARMAN: Uh-huh. 12 MR. SHATTO: Do you know any more specifically 13 when? 14 MS. HARMAN: I'm not stalking -- I am just -- I 15 would say there's summer, there's October and probably 16 one of those was actually this week. 17 MR. SHATTO: Did you take these yourself? 18 MS. HARMAN: Absolutely. I have my camera 19 with me. 20 MR. SHATTO: Now, I am going to mark -- the 21 next document will be Harman 8. And then we have 22 Harman 9. 23 24 Harman 8 has copies of two photographs on it 25 and the words "Rooming House" that's printed in between Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 40 1 1 the two. 2 3 (Exhibit No. Harman 8, 4 Two photocopies of photographs, 5 Mounted on paper, marked for 6 Identification.) 7 8 (Exhibit No. Harman 9, 9 Three photocopies of photographs, 10 Mounted on paper, marked for 11 Identification.) 12 13 MR. SHATTO: Harman 9 has three photographs 14 copied on it. Between the lower two is a little 15 insert that says, "Views of Rooming House and Another 16 Two Units." 17 So if you want to go ahead then and describe 18 the three -- or the two photographs on Harman 8 and the 19 three on Harman 9? 20 MS. HARMAN: These were back in 2008. You 21 can see on the first one, just the way it's done is for 22 parking. 23 MR. SHATTO: Hold on a second. Are you 24 looking at Harman 9 now, the one with the two pictures? 25 MS. HARMAN: Uh-huh. Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 41 1 1 MR. SHATTO: The upper one shows the stone 2 driveway? 3 MS. HARMAN: It's the parking pull-off, yes. 4 And the picture below it, that tree is no 5 longer there , that tree actually fell on the porch. 6 But that is representative of how the parking was for 7 the front. 8 MR. SHATTO: The large tree in the center of the 9 lower photog raph on Harman 8 is not there anymore, is 10 that right? 11 MS. HARMAN: No, it fell. 12 MR. SHATTO: The upper photograph on Harman 8, 13 that is the -- that's the property at issue here tonight, 14 is that righ t? 15 MS. HARMAN: Yes. 16 MR. SHATTO: Then the next page with the 17 three photos -- 18 MS. HARMAN: That's the side-view of that 19 property. 20 MR. SHATTO: The top photograph? 21 MS. HARMAN: Uh-huh. And you can see that 22 they were utilizing the grass as parking. 23 MR. SHATTO: All right. 24 MS. HARMAN: The second is the same. 25 MR. SHATTO: The middle photograph, that's the Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act a6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 42 1 1 side of it? 2 MS. HARMAN: Uh-huh. 3 MR. SHATTO: Okay. 4 MS. HARMAN: And then the third is just how 5 there was -- how the parking was on the -- how the 6 parking was on the stone. 7 If you would like to see the off-street 8 parking, it 's only on my camera, which was across the 9 street. I have two vehicles, one facing one way and one 10 facing the o ther on the same side of the street. 11 So obviously parking in direction is not 12 necessarily important for off-street parking. 13 MR. SHATTO: Now, on Harman 9, are all three 14 photographs taken of the same side of the property -- 15 MS. HARMAN: Yes. 16 MR. SHATTO: -- the house? 17 Let me ask you if you know, in the center 18 photograph, in really in the middle of the photograph 19 there appear to be buildings. One looks like -- the 20 front-most looks like a garage and then some other 21 structures behind it. What are those? 22 MS. HARMAN: I would say that that garage -- 23 I don't know which property in particular it belongs 24 to -- but it's either 2209 or 2213. The house behind 25 that is actually a different home altogether. Leary Reporting (717) 233-2660 2302013f-62bc-4es9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 43 1 1 MR. SHATTO: Okay, thank you. 2 The board members and others may have questions 3 about these, Mrs. Harman -- 4 MS. HARMAN: And I just wanted to establish -- 5 it's hard to picture when you just don't know. So 6 that is how the property looks in its -- you know, the 7 side view, the front view, you can see some of the 8 parking and also some of my concerns which you will 9 hear about as I read my letter, and about the close-up 10 parking. 11 CHAIRPERSON EVERTTS: When you say here that 12 "used as a rooming house and another two unit" what do 13 you mean by two unit? 14 MR. EBY: That's another hearing. 15 MS. HARMAN: That blue house, it's not part 16 of the -- 17 CHAIRPERSON EVERTTS: It's not part of this 18 property? But it's not a single family home either, is 19 that what you're telling us? 20 MS. HARMAN: But it's not part of this, it's 21 not part of this property. Her question about the 22 house with the two units is not part of this property 23 so I am not having any -- anything tonight about that. 24 I did write a letter and I mailed it to 25 Ms. Evertts. And I have copies if you would like or Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 44 1 if you would allow me to read it to put it into the 2 public record. 3 It's dated November 15 to the Zoning Hearing 4 Board. 5 "Dear Chairperson Evertts: A few days ago a 6 notice was mailed from the township to neighboring 7 residents. On the docket for November 18 is a request 8 from the owner of the property located at 2213 Orchard 9 Road for a variance from Section 220-11 to continue 10 using the property as a non-conforming boarding house. 11 This letter is a request to you to deny the 12 variance. This property was a boarding house when my 13 family moved to Orchard Road in 1978. I was a young 14 bride at that time so it's been a while. 15 At the time, the Blumanstocks were the 16 proprietors/owners. There were always a multitude of 17 cars parked on either side of the narrow road, often 18 facing the wrong direction and even parked too close 19 to the fire hydrant. 20 The trash that was put out included items not 21 found in a conventional home, it looked like items from a 22 business were routinely put out for pickup. The feeling 23 on the street was that it detracted immensely from the 24 property values of the other residences. Despite 25 residents' feelings, the boarding house was something Leary Reporting (717) 233-2660 2302013f-62bc4ee9-af9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 45 1 1 that we had to get used to. 2 I believe it was 2006 that the property was 3 sold. Long-time residents were happy about it because 4 township officials said the property would not be 5 grandfathered as a boarding house. Our street was now 6 zoned residential. The Cumberland County Assessment also 7 considered it residential. However, the boarding house 8 continues to operate without missing a beat. 9 Since the ownership change there has been no 10 improvement except for some stone placed on the front 11 yard for additional parking. There continues to be 12 numerous cars parked (the most at one point was 12) along 13 the narrow street. 14 Up until a few months ago, when I believe the 15 paperwork to request a variance was begun with the Zoning 16 Hearing Board, the trash from the house was put out at 17 any day, even the afternoon of track pickup, often 18 several trash cans and large items such as plywood and 19 appliances. 20 A very good example of the inconsideration and 21 total separation from trying to blend in with the 22 neighborhood was the final straw for me; a mattress 23 was put out for disposal and was laying out for at 24 least three trash cycles until I actually called the 25 township about it. Leary Reporting (717) 233-2660 2302013f-62bc-4998-af8f-ac1e6d69481b Lower Allen Township Zoning Hearing Board November 18, 2010 461 1 The porch repair from a falling tree over six 2 months ago is still lacking the finishing paint! In 3 warm weather, one of the upstairs windows was being 4 held by a pie ce of wood and didn't appear to be a 5 screen in the window. 6 The boarding house detracts from the 7 neighborhood. It is as though anything goes. 8 Obviously a profit is being made without much 9 concern. Long-time residents feel that not only is it 10 an eyesore, we are not comfortable with some of the 11 people we see going in and out of the property. 12 Over the summer some of the men were so bold as 13 to walk on the front yard of the property at the end of 14 the road. By the nature of the type of housing the 15 clientele are short-term and transitional and we don't 16 feel safe. 17 If the people who purchased the boarding house 18 felt it was a viable business, then the township did not 19 step up at the time to inform them that Orchard Road was 20 a residential neighborhood. It is now four years later 21 and the owner is just now getting around to request for a 22 variance. 23 As this has been a business for several years, 24 the neighbors have gotten short-shifted. We have put 25 up with one house being given special treatment, whether Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-aW acle6d68491b Lower Allen Township Zoning Hearing Board November 18, 2010 47 1 1 they have over-used the trash and water services or left 2 their cars on the street when the township posted no 3 parking for street clean-up. 4 Please vote no to the boarding house on Orchard 5 Road. The problem outweighs the benefits. 6 CHAIRPERSON EVERTTS: Does anyone have any 7 questions? 8 MR. BONCAROSKY: I just have one question. 9 You stated that you did not feel comfortable 10 with the clientele and that you did not feel safe. I 11 wonder if you could just expand on this, if you've had 12 actual instances or is this a feeling or can you -- 13 MS. HARMAN: Well, the only -- 14 MR. BONCAROSKY: -- point to something? 15 MS. HARMAN: I've lived -- I know that my 16 neighbors had men traipsing around their front yard as 17 though -- they did -- that they felt that was odd that 18 that would be just, you know, you could be on somebody's 19 front yard and not know it. 20 I actually was with my granddaughter one day 21 and one man was overly friendly, I felt, with her and 22 with me. Now, that was just a sense, I didn't like it. 23 MR. BONCAROSKY: Okay, thank you. 24 MR. MASSOTT: Mrs. Harman, you stated that 25 when the property was sold in 2006 that township Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 48 1 officials said they would not be grandfathered as a 2 boarding house? 3 MS. HARMAN: Yes. 4 MR. MASSOTT: Would you be more specific on 5 that? Can you state who said it or who they said it to? 6 MS. HARMAN: Over the course of the years since 7 1978, there have been small things that have come up that 8 the residents have called about. And while I am not 9 really going to point a finger at any one individual, 10 there was discussion at possibly a meeting that was not 11 necessarily about that property -- that there was 12 discussion that the Blumanstocks didn't own it anymore -- 13 that it wasn't going to be grandfathered in as a boarding 14 house. 15 I did have that discussion, but I'm not really 16 going to -- I don't know what -- you know, there's no way 17 to corroborate that. But I'm not the only one that had 18 that feeling from the township. 19 MR. MASSOTT: Thank you. 20 CHAIRPERSON EVERTTS: Anything else? 21 MR. BONNEVILLE: No. 22 MR. MINER: No, thank you. 23 MS. HARMAN: Tha nk you for your indulgence. 24 MR. SHATTO: If you will -- Mr. Schrack, do 25 you have any questions of the witness? Leary Reporting (717) 233-2660 2302013f-62bc4se9-af9f-acl e6d68491 b Lower Allen Township Zoning Hearing Board November 18, 2010 49 1 1 MR. SCHRACK: No, I don't. 2 MS. HARMAN: Did you want additional copies 3 of that letter or -- 4 MR. SHATTO: As long as we have one, you've read 5 it into the record anyway, so it will be part of the -- 6 MS. HARMAN: Good to go? 7 BY MR. SHATTO: -- part of our record. 8 BY CHAIRPERSON EVERTTS: Yes. If you would like 9 to come up and, again, state your name and address and be 10 sworn in. 11 MS. KISER: My name is Sherri Kiser, I live at 12 2251 Orchard Road. 13 14 SHERRI KISER, 15 Being duly sworn by Kathryn Plizga, 16 Notary Public, was called and 17 Testified as follows: 18 19 MS. KISER: Okay. While I feel pity for the 20 widow, due diligence was not taken when she purchased 21 this property. The real estate agent did not do their 22 job. 23 If she needs to get money from somebody for 24 something, she needs to go back and see the real estate 25 agent because the real estate agent was fully aware Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 50 1 that the property was zoned R-1. That's my first 2 point. 3 Also -- and as I sa id I do feel pity for the 4 widow -- but the rules have to apply equally to 5 everyone in the township in the different districts. 6 The 20 -- I have it down as 20-12 because I 7 have been before the Zoning Hearing Board. I have a 8 property that had two units that is now one at the end of 9 Orchard Road. 10 I was not granted a variance, I was not allowed 11 to have two units on Orchard road. I had to pay a 12 penalty for back sewer and trash charges for having two 13 units, a total of three people, on Orchard Road. 14 I don't have eight bedrooms and four bathrooms, 15 but yet I'm paying more money for a property that I have 16 than a lady who is renting to eight unrelated 17 individuals. 18 I don't think Orchard Road -- if it's going to 19 be zoned R-1 it needs to be R-1 usage. There is nothing 20 that allows for a boarding house even in the A/0 -- 21 when I purchased this property that I owned back in 1981 22 it was zoned apartment/office, A/0 zoning, and there was 23 no boarding house usage within that apartment/office 24 zoning. 25 So the fact that Blumanstock had it and was Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9facl e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 51 1 using it illegally does not mean that it should pass -- 2 first of all, it should not pass and have a usage that 3 it's not zoned for; and second, it most definitely 4 should not have an illegal usage which it's been used 5 for. 6 And John and I have had discussions, so I will 7 say names, that we have talked about. If properties are 8 sold on Orchard Road, and it is not current usage, that 9 they are not grandfathered, is that: not correct? 10 MR. EBY: That is a correct statement. If 11 they don't have a certificate of non-conforming use 12 from the township, then the usage should be listed and 13 reverted to a permitted use like a single family 14 dwelling. 15 MS. KISER: So while I feel the widow's pain 16 I don't think she did her job. And I don't think 17 ignorance of the law is a good defense in this case. 18 Because it is a business, she knew it was a 19 business, she asked some of those questions, but not to 20 the right people. And any time you rely on just a real 21 estate agent -- you know, that's why they came up with 22 that statement, let the buyer be ware. 23 That's where you need to go for your -- I don't 24 know -- your relief from this. But I don't think it 25 should be a boarding house. There's not enough parking Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 52 1 spaces. And it violates so many of the ordinances. And 2 there's a lot of things that I had to do to my property 3 that this one is nowhere ven close. 4 I mean, I had to have windows put in. I had to 5 have hard-wired smoke detectors. I mean, I could go on 6 and on -- insulation -- that building doesn't have any of 7 the things that I had to do to bring mine into 8 conformance for a single unit, I can't have a two-unit 9 back where I am. 10 So my thought is please vote no for this 11 variance. That's it. 12 CHAIRPERSON EVERTTS: Are there any questions? 13 Is there anybody else that would like to testify 14 for or against it? 15 There being none, do you have any further 16 questions that you might want to ask of anyone or 17 anything else you would like to say? 18 MS. COLSON: Yes. Concerning the trash, the 19 mattress, I put that out legally for trash pickup and 20 they did not pick it up. I was not going to drag it 21 back in, back and forth and back and forth. They 22 finally picked it up. 23 As far as the things on my porch, I had a 24 person who passed away, I pulled his things down. He 25 passed away the night before my husband's funeral. I Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b Lower Allen Township Zoning Hearing Board November 18, 2010 53 1 1 will admit I have been remiss to a degree since that 2 time. I'm not asking for pity, it was just a physical 3 problem that I couldn't handle all the stuff. 4 But that was not from just one time. After 5 that, I discovered termites. I had to have a room 6 redone, that was the building materials that were 7 pulled out. So it wasn't all the same things. And I 8 carried out as much as I could when I could, waiting 9 for my son and my neighbor to help me move it. 10 And although there was a complaint, I had 11 already made arrangements to have those things taken 12 care of. 13 The car parked in the yard is my car in my 14 side yard. It has nothing to do with the boarding 15 house on the photographs that you have. 16 And I think there was one other thing, it's 17 not coming up. But my -- oh -- the tenants. 18 I don't know where the 12 cars came from, but my 19 tenants don't have 12 cars. But when I do have my family 20 in from New Hampshire, New York and Maryland we do have a 21 lot of cars all over because I have a very active family. 22 And the one family brings two vehicles. So I do know 23 that we do at times have a lot of cars. 24 But I do know that I do not have just transient 25 tenants. I have tenants that have been there for ten, Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-ac1e6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 54 1 1 eight and five years. And there's no one that's been 2 there less than two. So I just wanted to let you know 3 that. 4 CHAIRPERSON EVERTTS: Thank you. We are going 5 to bring the docket to a close. You are welcome to 6 stay depending on the time. We will go into executive 7 session later. But I can't say for sure whether we 8 will be making a decision this evening or not. 9 MS. COLSON: Okay. Thank you. 10 MR. SCHRACK: Madam Chairman, are you going 11 to proceed with the docket? So no discussion of this 12 will occur right now? 13 CHAIRPERSON EVERTTS: That's correct. 14 MR. EBY: I need to get the projector keyed up 15 for the next docket. 16 CHAIRPERSON EVERTTS: That's fine. 17 We will take a couple of minute break here 18 while we're getting set up for the next docket. 19 (A recess was taken from 8:04 p.m. to 8:15 p.m.) 20 21 22 23 24 25 Leary Reporting (717) 233-2660 2302013f-62bc-4999-af9f-acle6d69491b Lower Allen Township Zoning Hearing Board November 18, 2010 161 1 (Meeting reconvened at 11:05 p.m.) 2 3 CHAIRPERSON EVERTTS: The Zoning Hearing Board 4 of Lower Allen Township will reconvene. 5 Does anyone have anything else relative to 6 the dockets, any motions? 7 MR. BONNEVILLE: Madam Chairman? 8 CHAIRPERSON EVERTTS: Yes. 9 MR. BONNEVILLE: With regards to Docket No. 10 2010-08, the application of Meda Colson, 2209 Orchard 11 Road, Camp Hill, Pennsylvania, I am proposing that we 12 deny their request for a variance from Section 220-11 13 of the Codified Ordinances of Lower Allen Township. 14 CHAIRPERSON EVERTTS: Do I have a second? 15 MR. MASSOTT: Seconded. 16 CHAIRPERSON EVERTTS: All those in favor, aye? 17 Carried unanimously, motion denied. 18 19 20 21 22 23 24 25 Leary Reporting (717) 233-2660 2302013f-62bc-4ee9-af9f-act e6d69491 b