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Home My WebLink About04-5894 (J Appellant In the Court of Common Pleas of the 9th Judicial District, Cumberland County David C. Wertime, vs. Dickinson Township Zoning Hearing Board, Cumberland County, Pennsylvania, Appellee No.OLf-- ~~c;Lj ~ NOTICE OF LAND USE APPEAL NOW, comes David C. Wertime, Appellant, who appeals from the Decision of the Dickinson Township Zoning Hearing Board, Cumberland County, Pennsylvania, and respectfully represents:- 1. Appellant, David C. Wertime (hereinafter "Wertime"), is a sui juris adult of Dickinson Township, Cumberland County, Pennsylvania, having post office address of 2043 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 2. Appellee is the Dickinson Township Zoning Hearing Board (hereinafter "Board"), Cumberland County, Pennsylvania, having post office address of 219 Mountain View Road, Mount Holly Springs, Pennsylvania 17065. 3. Wertime is an owner of the premises known and numbered as 2043 Walnut Bottom Road, Dickinson Township, Cumberland County, Pennsylvania. 4. Larry Yorlets (hereinafter "Yorlets") is an owner of a tract of real estate lying and being situate in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 1816 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 5. Yorlets filed with the Board an Application for a variance for relief from the Dickinson Township Zoning Ordinance (hereinafter "the Ordinance") to erect a 4' x 7' sign on the subject tract of real estate. The specific ordinance provision from which relief was requested was not specified. A copy of the Application is attached as Exhibit A. 6. A public hearing on the variance was scheduled for June 15, 2004. 7. Public notice of the hearing was advertised in The Sentinel newspaper on June 6, 2004 and June 9,2004 stating: ". . . Request is to erect a 4' x 7' sign (28 square feet) at 1816 Walnut Bottom Road. The ordinance allows a maximum of 20 square feet. All interested parties wishing to be heard are requested to be present to state their opinion if such opinion should be heard. . . ." A copy of the public notice is attached as Exhibit B. 8. A public hearing was held before the Board on June 15, 2004, at which Wertime entered an appearance, provided testimony and lodged objections to the Application. 9. At the public hearing Yorlets testified: a. He was a realtor working under broker, Jack Gaughen. b. He was seeking relief from section 4.9.C.8. of the Ordinance which limits signs advertising home occupations to 4 square feet. c. He was not creating a "sub-office or anything of that indication", d. His realtors license is located in the Jack Gaughen office in Carlisle. 10. At the conclusion of the hearing, Yorlets: a. Requested the Board table the matter to permit Yorlets to submit designs and further information to the Board. b. Requested re-advertisement of the matter for the further hearing to cure the inaccurate public notice advertising. 11. The hearing was concluded without setting a date for further hearing on the matter. 12. On July 19, 2004, Wertime spoke with Jonathan E. W. Reisinger (hereinafter "Reisinger"), Zoning Officer for Dickinson Township, inquiring about further hearings scheduled on the matter and was advised nothing further had been scheduled; Wertime requested notification of any further hearings. 13. On July 20, 2004, the hearing was reconvened, at the conclusion of which the Board entered the following Decision: The Applicant, Larry Yorlets, is granted a variance from the home occupation sign limitation of two (2) square feet, Section 4.9, and may place a sign that is three (3) feet by five (5) feet at his home. The sign shall be placed off of the right of way and of high quality material and design. No findings of fact or conclusions of law were provided. A copy of the Decision is attached as Exhibit C. " 14. No public notice of the July 20, 2004 hearing, neither newspaper advertisement nor posting of the subject real estate, as required by the Municipalities Planning Code and as requested by Yorlets, was given. 15. No notice of the July 20, 2004 hearing, written or oral, was provided to Wertime. 16. No notice of the July 20,2004 Decision, written or oral, was provided to Wertime. 17. On October 21, 2004, Yorlets filed with Dickinson Township, Cumberland County, Pennsylvania (hereinafter "the Township"), an Application for Zoning/Building Permits for the installation of a sign. A copy of the Application for Zoning/Building Permits is attached as Exhibit D. 18. On October 22, 2004, the Township issued a Zoning/Building Permit to Yorlets. A copy of the Zoning/Building Permit is attached as Exhibit E. 19. On October 25, 2004, Wertime, driving past the subject real estate, discovered a small red and white "Sign Here" sign on the subject real estate. 20. On October 25, 2004, Wertime spoke with Reisinger to inquire of the status of matter and was advised a variance had been granted July 20, 2004. 21. The action of the Board in granting the variance was arbitrary, capricious, an abuse of discretion and contrary to the law for the following reasons:- a. Yorlets failed to submit evidence of entitlement to a variance under section 4.9.C.8., or any other section, of the Ordinance. b. Yorlets failed to submit evidence there are unique circumstances or conditions, or exceptional topographical or other physical conditions peculiar to the subject real estate, and that he suffers from an unnecessary hardship due to such conditions and not the circumstances or conditions generally created by the provisions of the Ordinance in the district in which the subject real estate is located. c. Yorlets failed to submit evidence that because of the unique circumstances or conditions, or exceptional topographical or other physical conditions peculiar to the subject real estate, there is no possible way the subject real estate cannot be developed in strict conformity with the provisions of the Ordinance. d. Yorlets failed to submit evidence he will suffer an unnecessary hardship he did not create. e. The variance, as granted, will alter the essential character of the district (Agricultural) in which the subject real estate is located. f. The variance, as granted, is not the minimum variance that will afford relief or represents the least modification possible of the regulation in issue. g. Yorlets will not suffer any hardship by denial of his Application. h. The basis on which Yorlets requested the variance, i.e. for home occupation, was misrepresented to the Board and contrary to law for the following reasons: 1. Y orlets is a licensed real estate sales person affiliated with broker, Jack Gaughen Inc., a copy of the Pennsylvania Department of State Bureau of Professional and Occupational Affairs License Verification being attached as Exhibit F. 2. Only a real estate broker may maintain an office or branch office under the Pennsylvania Real Estate Licensing Act, 63 P.S. S455.601, 49 Pa. Code S35.241 et sea. 3. The Guideline of the State Real Estate Commission regarding home offices states: (1) No signage designating the name and telephone number of the licensee or the business name and telephone number of the employing broker is permissible at a home office. (2) All advertisements placed by licensees must be in compliance with S35.305(b). (3) Licensees may not advertise a separate address for a home office. (4) All correspondence must be addressed to the licensee at the broker's main office or branch office. A copy of the Guideline of the State Real Estate Commission Home Offices is attached as Exhibit G. i. The Board failed to provide findings of fact or conclusions of law in support of its Decision. j. The Decision of the Board usurped the legislative judgment of the Township without the existence of a justifiable unnecessary hardship and thus created a nonconforming use and structure. k. The Board failed to provide Wertime and the public accurate notice of the June 15, 2004 hearing, failed to provide Wertime and the public any notice of the July 20, 2004 hearing, and failed to provide Wertime and the public any notice of the July 20,2004 Decision, thereby denying Wertime and the public an opportunity to contest the evidence presented by Yorlets and present evidence in opposition to the Application. WHEREFORE, Appellant, David C. Wertime, requests your Honorable Court reverse the action of the Dickinson Township Zoning Hearing Board, Cumberland County, Pennsylvania, and direct the variance granted to Larry Yorlets, which is the subject of this Appeal, be denied, together with the award of costs to the Appellant. And he will ever pray, etc. November 23,2004 (/~ "'- ertim 2043 a ut Bott Carlisle, PA 17013 Correspondence Address: 35 North Carlisle Street, Suite A Greencastle, PA 17225 (717) 597-2323 I verify that the averments set forth in this Notice of Land Use Appeal are true and correct upon the undersigned's personal knowledge or upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authori' s. November 23, 2004 Appellant : In the Court of Common Pleas : of the 9th Judicial District, : Cumberland County David C. Wertime, vs. Dickinson Township Zoning Hearing Board, Cumberland County, Pennsylvania, Appellee No. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Notice of Land Use Appeal on the following individual by placing the same in the United States Mail at Carlisle, Pennsylvania, first-class postage prepaid, and by certified mail, return receipt requested, on the 23rd day of November, 2004, addressed as follows: Dickinson Township Zoning Hearing Board 219 Mountain View Road Mount Holly Springs, PA 17065 Larry Y orlets 1816 Walnut Bottom Road Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 ,/-r^ erti~ T6"J",~~:t Coq DICKINSON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ZONING HEARING BOARD ApPLICATION DATE 0. COMPLETED ApPLICATION: DOCKET # '200+000S ;24<1-,;J.3;(~ L Cl..n--y yc,,.Ie. t5 (..sc.Me. c<JJ.re n) G. r;:f"ey q'fty, PHONE: ::l '-13- 5 ~38 ADDRESS: 5 5. f-ta."ovel~ sf: C=o.rUs/e_ P II 1701.3 / j J INTEREST OF APPLICANT: t\( OWNER ( ) EQUITABLE TITLE HOLDER ( ) OTHER f'\t:;y ~ ~OO~ NAME: Lo. r-rj YOI,-I€- 1-<;; ADDRESS: ,g/& LJo.I"vt Bo 1fOrn. R&. c.o..v-/rs Ie P A 170/3 I ATTORNEV: Rcbe...."t PHONE: OWNER: SITE: SITE ADDRESS, DESCRIPTION AND PRESENT USE: IS/Ie LJcdnv+ A(1 Ttolv) f<.~'j Call' J~.5Ie. ~ ). ac.re- Fanv1 .J Fa.v m ; 1'\3 ApPLICANT REl;JUEST: (v( VARIANCE( ) SPECIAL EXCEPTION I ) ApPEAL OF' DECISION REASON F'OR REl;JUEST: 1= I.J;) ~U J ~ J: I<:-L -fo .0 V'eC t- c:'\ ~roj'er+-Y <7+ 1&1& IVc;.ll'\u+ 6o-H-oW\ P-8, +he. c..urre","'\- 7n",~) ortY~"C\.oI\Lf' W:+h. :'" D:c!<-;y,S(W' Tn...JllJ{,:?, Ll I t \ 'I X' 7 s: I;'" -t h.&.+ 11:> e oS re j(l.rei s fo DA M'j /'lC + rn eJ?- +- )1)115 ZONING: ~I3RICUL TURE ( ) C:ONSE:RVATloN ( l Low DENSITV RESIDENTIAL I) MEDIUM DENSITV RESIDENTIAL-O.nCE ( ) BUSINE:Ss-RE:CREATIONAL { } BUSINE:Ss-INDUSTRIAL { } MINING-INDUSTRIAL lv>0 , NAMES & ADDRE:SSES OF' PROPERTY OWNERS O. RECORD ON ADJDINING PROPE:RTIE:S WITHIN :ZOO FEET OF THE 5UBJECT PROPERTV: Robe".+ ("f. F'€-1 erfry. 7 Whl\sfe...i"'j PI'(I€ S La."e J Cc.A:>Ie./A (7013> A Ibe.r +- v, Spuf:-S \:.: t.;~ 1"757 LJa(",d- 6c1{-o,,,,, Rt Co-Aisk) PA 170(3 ~~V\W~ u 0 ) ~fYlDr.5"'t\ Pr;c.e ((J-~ .Jt'.l w~t{th~I"S+'~'Jp/c..in~,'el~fA liO~ PCUJ I J- Jctnl<-e. YCl.-l~t:s ___ /'836 Wa,\,.,,+ &1f-Ii/h RJr ea"c:sk,PfI 17013 Fi.-s+ I.,Jvsh~,,\ R€-(d~ T.\J5 t-t~nLI ;2.79,0 C<.,,,,..d?rCe l>ri.-e I ~ v \-k 100 I /l'I .'Ji! et-cwl^.l ~ 170S7 SUBMISSION' { I PLOT PLAN { } SKETCH ~HOTOS (MUST SUBMIT A PLOT PLAN OR SKETCH) STATE:MENT OF ACCURACV: 1 hereby certifYlclmJ!rm "" the appUct:urZth<r% all Of the u.fonnal:lollpnnrl4ed, <upart of this appU<xtttoll ~mlUal, is complete and correct to the />cst of mylt....uMdg. and that the tlrnDnshlp authority m<I!I rcl!r upoll tts occuracy ill the """""" 01 thdr 1"Il1>lew. _ SIGNATURE OF APPLICANT: ~ ~~ FEE: 2Ji;l::>~ DATE RECEIVED: t5\2-S\ 04- HEARING DATE: ~I /'5 ! 0 '-t / I. /_ " fI(;'(04 -r//JDL NOTICES: Ne:IGHBOR.S~ NEWSPAPER.t.!'t (04 POSTEO~Te:NOGR.APHER.~D4 DECISION: ApPROVAL ? !Jl..O (0 i{ DENIAL CONDITIONS 6€f' Dec..\~\o~ EXHIBIT A J, II (\ '{ 0 r) ": r I \ ,; \, '.' L", " ~~:E Sen~; rE: !~o,8907 0, lUll v . No "irLI\ ~~;gN'1'TNT':L - TJEGAL MIl 2t:,933 OG/01/200~ 17:0? 06/02/200~ 17:23 Firsr. r.F.k011 by <.:32 La::;l chi:1uged by c:3? ,llL\,!d on 11/08/2004 at 0$: 46 by 29 ,7) 486-7121 Accti 7328 'r:RV:r.SORS DICKINSON TOW l MOUNI'MN v U:W 1'(1) Given hy JON REISINGER poD DZ-20040006 Stcll'L 06/02/2001 Stop 06/0.9/2001 'l'xan&i enr Bill ExpiL cIa:;;:> 10 I'tmr.TC NUTICES lnde~: DICKINSON TOWNSHIP :WNING HE..?"l'tING B Cols 2 Lines 27 IIlc})<!o 2, 67 Woros 13 3 Box? N HOLLy ~a'RING~, PA 1706!:i-1503 l:>(',!;'? N ,1 Info: TYDe Ml1il Affid N Scheel Caples Sunday Comment L 1 Docker. #7.-7.0040006 Code Rate Base-Charge AdOl-Charge Tot;:ll-Co!':t: Ins Start Stop SMTWTFS OlPRF 6,35 ~ppll~d 06/09/2004 L(;L 123,12 6,35 129,,4 7 2 06/02/200a 06/09/2004 0001000 -,.,..-"- TOTJ>.L An COST 1:(,9,4"1 'I11f'..nt:s: Date check* 7\mount Cxedit" Card-j/ Exp-D!l.te Aurh-Cod., 0617.3/2004 3361 -129,17 NET DUE 0,00 Dickinson ~p Zoning .!:!ntln.9 ~ NOTICE OF HEARING POSTED~ June 1. 2004 The Dickinson TownliJh\p Ionlng Hearing Board will hold a Public Hearing: June ll.29.l?.i!!7;QO P.M, Dickinson Township Municipsl Building 219 Mountain View Road, Mount Holly Springs,. PA 17065, PHONE: 717,4B6.7.!2I1, Please call If you have any que:nioos regarding: Dockat, Z - 20040006 At the request of; Larry Yorlets 1816 Walnut Bonom Road Carlisle. PA 17013 Re9~rdlng; Variance: Req~ ~ IQ erect l! 4'x L ~Il L2l111q~~ID:lliQ ~ B,oltom Bm!fLIM 9rdinance allow!' A maximulJ:!,Q! 20 !!.~Ef<L All interested parUes wishing to be heard are requested 10 be present to state their opinion if such an opinion should be heard, Respectfully. Dickinson Township Zoning Hearing Board Jonathan E W Reisinger Zoning Officer EXHIBIT B D ? I I I I I , ! f 1 I j I i IN RE: APPLICATION OF LARRY YORlETS : DICKINSON TOWNSHIP : ZONING HEARING BOARD #Z -04-06 DECISION The Applicant, Larry Y orlets, is granted a variance from the home occupation sign limitation of two (2) square feet, Section 4.9, and may place a sign that is three (3) feet by five (5) feet at his home. The sign shall be placed off of the right of way and of high quality material and design. By the Zoning Hearing Board ~/,' - ~(:/r-. -// ~~~///!f/./-; i/-'i / / /' lana!/ t ~,~~ EXHIBIT C Dickinson TOl'vnship Cunlberland County, Pennsylvania Application for ZoningIBuilding Permits in accordance with the Unifom1 ConslTuction Code The cost of a Zoning Permit is $20.00 for the first $5,000.00 of conslTuction cost and al1 additional $3.00 for every additional $1,000 dollars of construction cost. The costs associated \vith obtaining a Building Permit are found on the fee schedule. , PLEASE FILL OUT COMPLETELY Location of Proposed "\lork or Improvement County: C v "",' ~ev,1 u-V'J Municipjility: ,[) \", K~...,)o v'\ Site Address: 18/~ w~\"-u-+~tf~lA-, P-cA Tax Parcel Number: Lot:_ Subdivision: Owner of Property: L '" V' Y Y Yo r / e i5 1\1ailing Address: I glt: V.;J....vT be No""" ~~ Phone Number: ;:).. '-f '7 -:2 3 ~ 8- Cc::..-<-.s ) e fA ('"7(;(;:; I Pr~~ipal Contractor: 5, '" - A - .R G( w, q Pho~e Num her: -:.;l.. tf - ~ ;l ;;L f Mailing Address: .3300 S"""'fsOV\ F-ey~'( Roc.J~ I caMp tt,(\/PfI 170/(, Fax Number: 7;Z 4- '-J5Lf.;t Email Address: s;3" f @ .<,:-,5" or. n::t Me{ Ca.t'l"lf \-" \\. LO r>i Architect Mailing Address: Fax Number: Phone Number: Email Address: Type ofl'\!ork or Improvement (Please Check One) / New Construction _Addition _Alteration _Repair _Demolition _Foundation Only _Change of Use _Plumbing _Mechanical _Electrical Briefly describe the proposed work: :1'1.5 i-ct fI<i+"&1'1 0+ C\. S IJm. Estimated Cost of Construction: (;,rf'~~'fy :If 77 {. 47 Square Footage of Construction: 3-f4" )(05+"+, S '5t"\ EXHIBIT D Description of Building Use (Please Fill Out As Appropriate) Residential or J/ One Family Dwelling _T,'\'o Family Dwelling Non-Residential Specific Use: Use Group: Change in Use? _ Yes _No If yes, indicate former use: 11aximum Occupancy Load: :Maximum Live Load: BuildillglSite ClLaract~ristics (Please Respond As Appropriate Or By '!\Triting uN/A") tJ/A Number of Residential Dwelling Units: _ Existing _Proposed hldicate Type of HV AC: _Electric _Gas _Oil Other: ,\7 ater Service: _Public _Private Sewer Service: _Public _Private (Septic Permit Number: ) Will yom' building contain any of the follmving: Fireplaces? _No _ Yes (Number:_ Fuel Type: Vent Type:_) Elevators, Escalators, Lifts, or Moving vValks? _No _Yes Sprinkler System? -,-No _Yes Pressure Vessels? _No _Yes RefrigerationSystems? _No _Yes Building Dimensions Existing Building Area: Proposed Building Area: Total Building Area: sq. ft Number of Stories: sq. ft. Height of Shucture Above Grade:_ ft. sq. ft Area of the Largest Floor: sq. ft Floodplain Is the site located vvithin an identified flood hazard area? _No _Yes If yes, 'will any portion of the flood hazard area be developed? _No _Yes If in hazard area, the Owner I Agent shall verify that any proposed construction andlor development activity complies ",rith the requirements of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act (Act 166-1978), spedfically Section 60.3. If in floodplain, Level of Lowest Floor Above Grade: ft 2 Historic District Is the site located "within a Historic District? "No Yes (If construction is proposed Vlith a Historic District, a certificate of appropriateness may be,required by the Municipality) Please Read The FolloV\ing Before Signing: The applicant certifies that all information on this application is correct and the "work v.rill be completed in accordance v,ith the "approved" construction documents and P A Act 45 (Uniform Construction Code) and any additional approved building code requirements adopted by the Municipality. The property owner and applicant assumes the responsibility of locating all property lines, setback lines, easements, rights- of-v,yay, flood areas, etc. Issuance of a permit and approval of construction documents shall not be construed as authority to '\iolate, cancel, or set aside any provisions of the codes or ordinances of the Municipality or any other governing body. The applicant certifies he! she understands all the applicable codes, ordinances, and regulations. Application for a permit shall be made by the O'\.vner or lessee of the building or structure, or agent of either, or by the registered design professional employed in connection V\rith the proposed \,vork I certify that the code administrator or the code admini.;;frators authorized representative shall have the authority to enter areas covered by such permit at any reasonable hour to enforce the provisions of the code(s) applicable to such permit. ~1 I)' , %Yi 1;;; v/'/, Si attire of Owner or Agent L4.r? Vorl€. ts Printed Name of (!\-vner or Agent Date: Cl:fubev- ~I) '+000 Permit Nunlber: Directl.onsToSite: FI-Cl"'"\ r~Y"1~5\F, 5<"> u.:>e.s+ 01'\ LJe~Lit BoltoVn Ro'{! 'f(prox:...v.-tly .:2 m: \ e~ ~ :;:,^+I'~ J)~J) ~.. ~ : S 0 III -H",t ... 'j '" + , ;,.<;+- r; f {+ e. J.:r, v~ we If tr-- ([t, i Go I tJa. kr~ flo ftc'll"" R&. PLEASE CREATE SITE PLAN ON FOLLO'VING PAGE 3 Site Plan: The follmving is a requirement to be appro\'ed for both a Zoning Permit and a Building Permit Please sketch the shape of the lot and include the following: dimensions of the lot, location of existing buildings, location and exterior dimensions of the proposed construction, the location of the septic system and location of the well Finally, please include distances (in feet) between proposed construction and all NQPerty lines (if this information is not included, a permit cannot be issued). If you are unsure of ,,\That the setback distances are in your particular zoning district, please call Dickinson TO\'vnship at 486-7424. As the Applicant, I realize that I am responsible for the correctness of, and compliance to, all dimensions, setback distances, and footer requirements of the Dickinson Township Zoning Ordinance (enacted September 6, 1994). I hereby certify ihat the proposed work is authorized by the owner of the property and that I have been authorized by!]1e owner to make application as the agent thereof. I certify that the work described herein will not be altered. Signature ~/ rAt- Date: /()/~l/oY 4 c \,' b I ~- P; I':"-Y \ ,.--) '"", ~) --- {\j c\ ( .".0. ~,\lI))J~~!J~Jl~L~ounty, Tax Mapping I Source: Cumberland Coun Orthophotography: 1998 DICKINSON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ZONING / BUILDING PERMIT DATE OF COMPLETED APPLICATION: 10/22/04 ApPLICATION # 20041272 NAME LARRY .J VORLETS PHONE 249-2328 ADDRESS 1816 WALNUT 80TTOM RO LANDOWNER LARRY .J YORLETS CARLI SLE PA 1 701 :3 SITE 1816 WALNUT BOTTOM RO CONTRACTOR SIGN'A'RAMA PHONE 724,2221 ADDRESS 3300 SIMPSON FERRV RO CAMP HILL 17011 WORKERS COMP WC029 1 0273 TAX PARCEL 11 08-09'0525-068 SUBDIVISION LOT ZONING A DC 0 A 0 LOR 0 MOR-O 08-R 0 8'1 0 ,"",1 o FLOODPLAIN PRO.JECT INFO WORK TO BE PERFORMED 1 & 2 FAMILY NEW CONSTRUCTION ESTIMATED COST OF CONSTRUCTION $' .000.00 SQUARE FEET OF CONSTRUCTION o PERMIT COST $20.00 DATE ISSUED lo/22/2D04 ($20.0,0 + $3.oOlK OVER $SOQO.oOl SEPTIC PERMIT ROAD OCCUPANCY PLE"-SE PROVIOE A GRIEr SKETCH WITH LOT DIMENSIONS AND GUlLDING SETBACKS SHOWN. As the Applicant, I realize that I am responsible for the correctness of, and compliance to, all dimensions, setback distances, and footer requirements of the Dickinson Township Zoning Ordinance (enacted September 6,1994). I hereby certify that the proposed work is authorized by the owner of the property and that I have been authorized by the owner to make application as the agent thereof. I certify that the work described herein will not be altered. Signature: ry/ J4-4L Date: /o!d.-( /0 y EXHIBIT E . Pennsylvania Department of State Bureau of Professional and Occupational Affairs License Verification Person Information Name: LARRY YORlETS Address(city,state zipcode): Carlisle PA 17013 Name JACK GAUGHEN INC Employer Information Address(city, state zipcode): CAMP HIll PA 17011 License Information Type: Real Estate Salesperson-Standard Secondary Type: N/A Number: RS281332 Profession: Real Estate Commission Status: Active Obtained By: Application Issue Date: 4/20/2004 Expires: 5/31/2006 Last Renewed: N/A Standing: This license is in good standing. Disciplinary action history: No disciplinary actions were found for this license. Return to Licensee Search I Back to Results EXHIBIT F GUIDELINE OF THE STATE REAL ESTATE COMMISSION HOME OFFICES With advanced technology, it has become commonplace in the industry for licensees to have "home offices" out of which they perform duties incidental to their real estate business, including phone work, computer work, document preparation, correspondence, and research and scheduling of appointments. The Commission has received many inquiries from the regulated community questioning whether these activities may be performed out of a "home office". It is the opinion of the Commission that licensees may perform the incidental duties listed above out of their homes, provided the following guidelines are followed: (1) No signage designating the name and telephone number of the licensee or the business name and telephone number of the employing broker is permissible at a home office. (2) All advertisements placed by licensees must be in compliance with ~35.305(b). (3) Licensees may not advertise a separate address for a home office. (4) All correspondence must be addressed to the licensee at the broker's main office or branch office addresses. In order to facilitate licensees performing these duties in their "home office", each broker of record should establish home office policies and/or procedures to be followed by licensees affiliated with the broker. Such policies should include, at a minimum, the above guidelines. Of course, the broker of record will be responsible for all activities of the licensee whether the licensee is working out of a home office or the main office or branch office of the broker. Adopted by the State Real Estate Commission, this 22nd day of June, 1999. Rita M. Halverson, Chairman State Real Estate Commission EXHIBIT G {7O)f'P j r- f () ~ ~ J\. 0' () f"-.:> 0 <t'.:::J c::: c::::;. -n :.s.: ,.&;- -, :t-n 't)111 _.. '"Pr ., 0 fOp . . ~ ~ < -4-.. . ...'_ -o~ .-;. r N 01}';: :rJ w 0 r:: t.'~.:, .'.'Ie :1: =n ~:; ''', -0 { ) -:'., ....,. ;:>.:0 L;.-' -"- j;.~.~ W (,)m --i ;:~ .' ~.~ =< W .:0 0' -< DAVID C. WERTIME IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DICKINSON TWP. ZONING HEARING BTh. 219 MOUNTAIN VIEW ROAD NO. MT. HOLLY SPRINGS PA 17065 04-5894 CIVIL 19 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SSe COUNTY OF CUMBERLAND) TO: We, being willing for certain reasons, to have certified a certain action between DAVID C. WERTIME v. DICKINSON TWP. 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 u.s. CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) and Constitution of this Commonwealth. . IORGE , the 23rd day of November , ~~04 g\ E. HOFFER, P.J. ;T Postage $ Cl Cl Certified Fee L/"I Return Receipt Fee c:[] (Endorsement Required) M Cl Restricted Delivery Fee Cl (Endorsement Required) Postmark Here CURTIS R. LONG Cl Total Postage & Fees $ Cl ~E~~t;~1103fg1fff!kAfJD __,_,_,_1______"",________"_________Sl_,______,,,,___,_____,M_______"__,___,_,,,_,_ Cl City, State, ZIP+4 f'- lIr.llll-':{II..~II],IIIf1I&W1lIlIl. ~.l"~:t:~l,(:lR.;a(.l.I..J;tt.I[..I(.li11l: ~~j\ ~~;r;~ ~ ~~o DAVID C. WERTIME, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2004-5894 CIVIL TERM DICKINSON TOWNSHIP ZONING HEARING BOARD, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Appellee LAND USE APPEAL PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please enter my appearance on behalf of the Dic.kinson Township Zoning Hearing Board, Please also accept the filing of the record pursuant to the Notice of Land Use Appeal. Respectfully submitted, O'BRIEN, BARIC & SCHERER , -e~(l, Robert L O'Brien, Esquire 1.0. # 283ti1 19 West South Street Carlisle, Pl~nnsylvania 17013 (717) 249-('l873 o 0..1 0- Co.-. C) Lr"::> l.,-:;':' ':':;:') ,-", DAVID C. WERTIME, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2004-5894 CIVIL TERM DICKINSON TOWNSHIP ZONING HEARING BOARD, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Appellee LAND USE APPEAL CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of the Record, except for the transcripts which have already been forwarded to the Appellant, upon the Appellant, by sending the same by first class mail, postage prepaid, addressed as follows; David C. Wertime 35 North Carlisle Street, Suitl3 A Greencastle, PA 17225 Date: Respectfully submitted, O'BRIEN, BARIC & SCHERER t2cl~^-u.,,- Robert L. O'Brien, Esquire 1,0, # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DAVID C. WERTIME, Appellant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2004-5894 CIVIL TERM DICKINSON TOWNSHIP ZONING HEARING BOARD, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Appellee LAND USE APPEAL CONTENTS OF RECORD 1, Consent Agreement 2. Decision 3. Transcripts and exhibits 4. Sign in sheets 5, Proof of Publication 6, Notice of hearing 7, Zoning Hearing Board Application 01/11/2005 12:44 717-243-0268 JAN-11-2005 rUE 10:~2 AM D11XIIBN If. JGR ER/\ CARLISLE 1171748B8412 PAGE 02/02 P,001l001 IN RE: APPLICATION OF LARRY YORLETS : DICKINSON TCIWNSHIP : ZONING HEARING BOARD #Z-04-06 CONSENT AGREEMENT The Applicant, Lmy Yorlets, in consideration (lfthe appeal filed to his application consents and agrees that the decision granl~ng him a variance for a sign at bis home is abandoned and shall have no furthl,r legal effect and that he will remove the sign. The Zoning Hearing Board also signs this agreement to indicate its consent to the nullity of its prior decision. By the Zoning Hearing Board f ~~~ .~~ ~ _;t,6't/6 ~ L~~t'etts~ h:IA: IN RE: APPLICATION OF LARRY YORlETS : DICKINSON TOWNSHIP : ZONING HEARING BOARD #Z-04-06 DECISION The Applicant, Larry Y orlets, is granted a variance from the home occupation sign limitation of two (2) square feet, Section 4.9, and may place a sign that is three (3) feet by five (5) feet at his home. The sign shall be placed off of the right of way and of high quality material and design. By the Zoning Hearing Board /l /' ." /: ,/:/<<</ ~t-r~g;,/ / /---1 I / Il141a~tl t ~'4~ EXHIBIT C t:'{h; 1;,IJ- A rlC\f j.. <<;~I!'~~,r.'~,Q~ "~ounty Tax Mapping Source: Cumberland Cl Orthophotography: 199: eJ6114/2eJeJ4 11.L1X 9388212 SHEAFFER SIGN!3 PAGE €II C:\JO~~\pE~'31~~~9r2,,=~T_~!14/~~_~:15:~8PM__ S~le: ~:~~:Cl6l:!,~ight: 6~.,569~:ngth: 980~.~n I :) ~I m JACK GAUGHEN REALTOR. LARRY YORLETS www.jgr.com e DIREC1 DIAL OFFICE 258-0013 243-8080 REMARKS SCAl!: ONE INCH - ONE FOOT . APPROVED . 1- J, ~ \ --- .- -------------------- ,,-- 3 // ~/~ ' ~ /~ -------.- ----------------- Lf L f \ // .. v::~ ;- ~/ \\ /' YOii:.L.E:"':' ~e:l6\{~OR:' . \ t ~ Tt!t"'tf'€~ O~ MoAA\~ f\,."\P\.Ou,,,-z. LLc- 6A~",09..t.f' ' U"'tt. f"c..oo'l. 2;l5" N M.,........... C><IC.~.O, It. ~l\ .. ) A~~"'T \J t>~A"'''''' \'?S,?W""'.,,~ .. '. f'I,,"""N~ 'tilt> CJpa€.... ~ CAQL>.~ ~ \70~ J 1t'\60 :_. -.___ .~ ., 'R- ~or 00'T"lO'" / '"'" ~ po......e.? ~"'~~ . . . . "" /. ~:: ~x . > .. ~ . - /~ . . / ,/ /.., . ." .~ DICKINSON TOWNSHIP ZONING HEARING BOARD Docket # z - 20040006 At the request of: Larry Yorlets, 1816 Walnut Bottom Road, carlisle, PA 17013 Regarding: Variance: Request is to erect a 4'X 7' sign (28 square feet) at 1816 Walnut Bottom Road. The Ordinance allows a maximum of 4 square feet. Met, pursuant to notice in the Dickinson Township Municipal Building, 219 Mountain View Road, Mount Holly springs, PA 17065 Date: Tuesday, July 20, 2004, scheduled for 7:00 p.m. BEFORE: GERALD E. EBY, Chairman RONALD E. LOWRY, Member ALSO PRESENT: ROBERT O'BRIEN, Solicitor JONATHAN REISINGER, Zoning Officer/SEO ORIGINAL --.. - ,_.~--_.".__.-. ---_.._- w CHERYL FARNER DONOvt\N Registered Professional Court Reporter 305 SuI/shead Road Newville, PA 17241 Phone (717) 776-3515 COUitroom & Free-lance Reporting . Experience Since 1975 ~ 1 INDEX 2 3 4 5 WITNESS DIRECT EXAMINATION 6 7 Larry Yorlets Page 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 Tuesday, July 20, 2004 2 Mount Holly Springs, Pennsylvania 3 Dickinson Township Zoning 4 Hearing Board convened at 7:13 p.m. for the purpose of 5 hearing a request for a Variance to erect a 4'X 7'sign (28 6 square feet) at 1816 Walnut Bottom Road. The Ordinance 7 allows a maximum of 4 square feet. 8 9 MR. REISINGER: At the last meeting Mr. Yorlets 10 presented his case before us. I guess he needs to be 11 sworn in again. 12 13 Whereupon, 14 LARRY YORLETS 15 having been first duly sworn or affirmed, by Chairman 16 Gerald E. Eby, according to law, testified as follows: 17 DIRECT EXAMINATION 18 THE CHAIRMAN: Okay. 19 MR. REISINGER: This is at Docket 200440006, Mr. 20 Larry Yorlets of 1816 Walnut Bottom Road, Carlisle. 21 Mr. Yorlets would like to erect a 4'X 7' sign on 22 his property. That was the original request and that does 23 not meet the current Zoning Ordinance. 24 All parties have been notified. It has been 25 advertised and paid for. 3 1 We requested that Larry come back with more 2 information on the sign and possibly to see if he could 3 reduce the size of the sign. .Also content was an issue. 4 MR. YORLETS: Just to refresh your memory, a 5 little bit, in the June hearing, before the Board, I 6 requested a 4'X 7' sign, and after considerable discussion 7 the Zoning Board suggested that I reconsider the size of 8 the sign and possibly come up with something, an 9 indication of what the sign may look like. 10 Since the last--and originally my intent was to 11 put a portrait on the sign also--but since the last 12 meeting I talked to somebody over here at the office. It 13 wasn't here but somebody else that answered the phone, and 14 they indicated that the Ordinance only allows for verbiage 15 on it, so I'm going to disband ,{ith using that, putting 16 the portrait on it anyway. 17 And in an effort to comply with your request of 18 reducing the size of the sign, to see if I could get away 19 with a 3'X 5', I've had these. (Applicant handed document 20 to the Board.) Obviously my portrait wouldn't be on, but 21 an indication of the verbiage that has to be on the sign. 22 I believe that I can get away with a 3'X 5', 23 with the portrait not being on there. And obviously the 24 sign will have to be reconfigured. The full name of the 25 company has to be on the sign by law with the state Real 4 1 Estate Commission, the realtor would have to be moved over 2 and lettering made smaller also. 3 THE CHAIRMAN: You have the full name of the 4 company on here, Jack Gaughen Realty. 5 MR. YORLETS: I know, but where the portrait is, 6 from there would get cut off. 7 MR. LOWRY: Portrait wouldn't be on there. 8 THE CHAIRMAN: Understand that. You said you'd 9 have to do something with the name. That's okay, right? 10 MR. YORLETS: The way it's on there is alright 11 with taking the portrait off. You'd have a big empty 12 space on the sign, depending on how the sign company would 13 decide to do it, pull realtor over and put out Jack 14 Gaughen maybe. To leave it like that would be empty space 15 on the sides, if left like it is now. That type of 16 information has to be on the siqn. 17 Also contacted the sign company. (Applicant 18 handed document to the Board.) This is an indication of 19 the types of signs that they put out. The one I would be 20 using would be the total shingle sign. The sign itself is 21 made of alumilight, which is a top quality product they 22 use for signs right now. Also would all be shingle and 23 the information that would be on the sign, it would be 24 square like that there. The graphics on the sign would be 25 computer-generated. (Applicant :retrieved document from 5 1 Board.) 2 And the sign would be, the bottom of the sign 3 would be about three foot off the ground, because of the 4 place where I was intending to put the sign up there at 5 the bend in the road there. And, I believe, I don't know 6 if you still have those pictures from the last meeting 7 that indicated where the sign was going. But, anyway, the 8 road surface of the soil right there is about a foot and a 9 half drop off of what the height of the road is. The 10 bottom of the sign would be about three foot off the 11 ground and it would be far enough back off the road that 12 it would definitely be outside of the State's right-of-way 13 there. 14 And even though I have reduced the size of the 15 sign to comply with what your request was, still with the 16 3'X 5' sign and the quality of sign, I'm trying to put up, 17 it's still going to run about a thousand dollars for the 18 sign. 19 There was some concern, at the last meeting, 20 about as far as hurting the beauty of the township, 21 putting a sign up. With the quality of sign I'm putting 22 up, I believe it's comparable with any other sign up in 23 the township, maybe even a little higher standard than 24 what the average is. It's a top of the line quality sign. 25 And, again, where I'm putting the sign up at, I 6 1 own the property on both sides of the road. There's only 2 two houses in the township that can actually even see the 3 sign from their home where it will be installed and the 4 closest one is about 250 yards away, and that's my 5 parents' home, and they're in favor of putting the sign 6 up. And, as you both know, they were at the last meeting 7 to indicate they were in favor of it. 8 And the other property is probably another 150 9 yards further up the Walnut Bottom Road, and with reducing 10 the size of the sign down to 3'X 5', I believe they'd 11 probably need binoculars to probably actually see what's 12 on the sign from their house. 13 And there are no other properties, homes in 14 Dickinson township that can actually see the sign from 15 their residence. So, as far as distracting from the value 16 of their property, having to look at a sign, I don't 17 believe it's going to effect anybody's property. Taking 18 into consideration where I'm placing the sign, isn't 19 really going to adversely effect the value of anybody's 20 property. 21 As far as just taking away from the beauty of 22 the township, I'm trying to put up the best quality sign 23 that I can, and size-wise I hav,,, agreed to reduce it to 24 the size that was suggested. 25 I believe if we go much smaller than that with 7 1 the amount of information that has to be put on the sign 2 required by the state Real Estate Commission, which each 3 of you have a copy of right there, I think it's going to 4 be too cluttered, that you won't be able to read it 5 easily at the speed most vehicles travel on Walnut Bottom 6 Road. 7 So, hopefully with my efforts to try and come 8 more closely in line with the zoning Ordinances you'll 9 consider passing the variance. That's all I have. 10 THE CHAIRMAN: We agree with everything you say. 11 The problem is what's approved in the township is 12 considerably smaller than what you're asking for and this 13 will basically set a precedent. We never really approved 14 that large of sign, so it's going to start a precedent 15 throughout the township for the people. 16 MR. LOWRY: I think t:hat was our biggest concern 17 the last meeting was naturally it's not going to hurt your 18 local area, right where you arE! right there, but somebody 19 on another road is going to see that sign and come in and 20 say, well, you left him put this sign up. Why can't I put 21 one up that size? And it may be in Residential. 22 MR. YORLETS: I understand the reason behind a 23 2'X 2' sign in a Residential Area. 24 The obvious purpose of being able to apply for a 25 variance is to be able to look at individual situations 8 1 and apprise, you know, the effect it's going to have on 2 that particular situation. 3 And, in this partiCUlar situation, I believe 4 that taking into consideration that there's only two 5 properties that can even visually see the sign from their 6 residence, and one of them has actually came to the 7 meeting and advised their opinion that they're in 8 agreement with putting the sign up, and the fact that I 9 own all the rest of the proper"ty on both sides, it's not 10 going to be the same as putting a sign up in a Residential 11 neighborhood. 12 And obviously, you know, there's a reason for 13 putting that Ordinance into affect. But, like I said, I 14 believe that's the reason why there's the ability to apply 15 for a variance to adapt it to the particular situation 16 that you're involved with. 17 THE CHAIRMAN: Paul Bear's Garage has got a 18 bigger sign than that. 19 MR. LOWRY: Does he? 20 THE CHAIRMAN: Do you have anything? 21 (No response.) 22 THE CHAIRMAN: No questions? 23 MR. LOWRY: We have to make a decision. That 24 was my biggest concern was setting a precedent. And I 25 voiced at that last meeting about that and I can think of 9 1 some places right along Burnt House Road where they're tax 2 consultants and what have you. I certainly wouldn't want 3 one sign that big down the road from me, whether they 4 would come in and ask for a variance. What would be our 5 come back if we approve one? How would we not approve 6 another one? 7 MR. YORLETS: I think you have to relate the 8 size of the sign to the neighborhood where the sign is 9 going to go up. 10 MR. LOWRY: That individual is going to look at 11 his own precedent too. He's not really concerned maybe 12 about what the neighbors think. 13 MR. YORLETS: You have to take everything into 14 consideration. If he wants to increase the size of his 15 sign and his neighborhood suggests to him that he buys all 16 properties in visual sight of 1:he sign. 17 MR. LOWRY: Right. 18 THE CHAIRMAN: Usually our decision. Paul 19 Bear's Garage, if his neighbors don't mind then, okay. If 20 a lot of people say, no, we're not going to do that. We'd 21 have to think about it. 22 MR. YORLETS: In my situation I believe there 23 were only two people that really advised negative opinion. 24 One I believe was more concerned about farming into 25 warehouses and, the other one, I don't know the 10 1 individual, but my impression was he was just trying to 2 make everyone aware that he understood the Township 3 Ordinances, I think. 4 I don't think there was anything other than, you 5 know, the discussion on setting a precedent. I believe 6 we've covered that topic here this evening. 7 But as far as anyone that's close by or borders 8 me, no one has complained. And Rob Frey wasn't able to 9 make it this evening. He had something to do with South 10 Middleton Township. He had a meeting tonight that he had 11 to be at. And being that he's one of the five people that 12 border me, he's also one of my bordering neighbors. And 13 he was here in support of me last time too. 14 So I had two people that were bordering 15 neighbors that were here to support me and no one that was 16 within-- I believe Mr. Shumaker, after I looked up where 17 he lived, after I went home, I believe he's at least two 18 mi les away from me. I'm sure .there' s no way he's going to 19 see the sign from his house. 20 THE CHAIRMAN: Just when he drives by. 21 MR. YORLETS: Just when he drives by. Whenever 22 you drive by there's lots of other signs they're going to 23 see from there to town or whatever. It's not like a 24 billboard. It's a smaller sign. 25 I've been driving past somebody's house where 11 1 the grass isn't mowed and the property is falling down or 2 something like that. I'm sure it's more of an eyesore 3 than a thousand dollar sign that's only 3'X 5', as far as 4 a concern about, you know, an eyesore to the community. 5 THE CHAIRMAN: You have lots of good arguments. 6 MR. LOWRY: Yes. 7 THE CHAIRMAN: Well, since there are only two of 8 us. 9 MR. LOWRY: Well, I \~ould move we approve it. 10 THE CHAIRMAN: Okay. I think we'll go with you; 11 all your reasoning is correct. 12 MR. LOWRY: with the sign like you're going to 13 be having it made, with the provision in there that it's 14 nice, rather decorative. 15 MR. YORLETS: Signarama Company out of 16 Mechanicsburg. 17 THE CHAIRMAN: Can we have a copy of what the 18 sign is to look like for the records? 19 MR. YORLETS: Sure. 20 MR. REISINGER: Do you have that? 21 MR. YORLETS: I probably will. I had a job 22 change, time-wise not much different than dairy farming. 23 I had stone work I've been wanting to do in the yard, 24 thinking of putting stone back underneath the sign. I 25 didn't want to come in and say I'm going to do that. At 12 the rate I'm going it might be two years down the road. MR. REISINGER: It might be nicer. THE CHAIRMAN: Both decide we would approve it. MR. YORLETS: Thank you a lot. I appreciate it. THE CHAIRMAN: Get pictures of how the sign is 1 2 3 4 5 6 made with post and stuff to Jonathan for the record. 7 (Concluded at 7:26 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 10 11 12 13 1 CERTIFICATION 2 3 I hereby certify that the foregoing proceedings 4 were taken stenographically by me, and subsequently 5 transcribed under my direction and supervision; and that 6 the foregoing is a full, true and correct transcript of my 7 original shorthand notes. 8 (%~~X~ Cheryl Farner Donovan, Registered Professional Reporter Notary Public 9 14 Notary public, Cumberland Coun.ty My Commission Expires July 23, 2007 15 16 17 18 19 20 21 22 23 24 25 (The foregoing certification of this transcript does not apply to any reproduct:ion of the same by any means unless under the direct control and/or supervision of the certifying reporter. 14 -v. N This traI sealed to integri t: VOID th, To pu. transcrir number lis DICKINSON TOWNSHIP ZONING HEARING BOARD .~ Docket # Z - 20040006 At the request of: Larry Yorlets, 1816 Walnut Bottom Road, Carlisle, PA 17013 Regarding: Variance: Request is to erect a 4'X 7' sign (28 square feet) at 1816 Walnut Bottom Road. The Ordinance allows a maximum of 20 square feet. Met, pursuant to notice in the Dickinson Township Municipal Building, 219 Mountain View Road, Mount Holly springs, PA 17065 Date: Tuesday, June 15, 2004, scheduled for 7:00 p.m. BEFORE: GERALD E. EBY, Chairman WILLIAM STALLSMITH, Vice-Chairman RONALD E. LOWRY, Member ALSO PRESENT: ROBERT O'BRIEN, Solicitor JONATHAN REISINGER, Zoning off:Lcer/SEO APPEARANCES: FREY & TILEY ROBERT G. FREY, ESQUIRE 5 South Hanover Street Carlisle, Pennsylvania 17013 FOR - APPLICANT, L. YORLE'rS ORIGINAL CHERYL FARNER DONOVAN Registered Professional Court Reporter 305 Bullshead Roacl Newville, PA 17241i Phone (717) 776-35.15 Courtroom & Free-lance Reporting . E~perience Since 1975 ~ 1 INDEX 2 3 4 5 WITNESS DIRECT EXAMINATION 6 7 Robert G. Frey, Esquire Page 4 8 Larry Yorlets 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 Tuesday, June 15, 2004 2 Mount Holly Springs, pennsylvania 3 Dickinson Township zoning 4 Hearing Board convened at 7:10 p.m. for the purpose of 5 hearing a request for a Variance to erect a 4'X 7'sign (28 6 square feet) at 1816 Walnut Bot~tom Road. The Ordinance 7 allows a maximum of 20 square feet. 8 9 MR. REISINGER: Docket 20040006. Mr. 10 Larry Yorlets has paid the Zoning Hearing Board fee and we 11 have notified his neighbors. ~Ie've advertised this and 12 posted it. 13 His request is for a variance on erecting a 14 sign. He would like to erect a 4'X 7' sign, which is 15 28 square feet, and the Ordinance allows a maximum 16 of 20 square feet. The sign is to be placed along Walnut 17 Bottom Road. And I believe you have some photos with 18 that. 19 20 MR. LOWRY: Yes. MR. REISINGER: Then~ are some more photos, if 21 you'd like to see them. I didn't copy all of them for 22 you. 23 THE CHAIRMAN: Everybody that are 24 going to testify in this case, please raise your right 25 hands. 3 1 Whereupon, 2 ROBERT G. FREY, ESQUIRE and 3 LARRY YORLETS 4 having been first duly sworn or affirmed, by Gerald E. 5 Eby, Chairman, according to la.l, testified as follows: 6 DIRECT EXANINATION 7 MR. FREY: If it please the Board, my name is 8 Rob Frey. I'm here as Attorney for Larry Yorlets. I'm 9 also an adjoining property owner and that's why I swore 10 myself in. And I will testify as one of the adjoining 11 property owners also. 12 MR. O'BRIEN: Why no1: ask the position from 13 anyone? 14 THE CHAIRMAN: Yes, l:ell us. 15 MR. FREY: I'll let I'lr. Yorlets give a brief 16 explanation. 17 MR. YORLETS: What I'd like to do is I'd like to 18 erect a 4'X 7'sign right there in front of the house. The 19 reason being, I'm in the real estate business now. Dairy 20 farmed there, been there since '63. 21 The sign, according to the Real Estate 22 Commission, as far as advertising is concerned, you're 23 required to put the logo or name of your company or if you 24 want to put your name on the sign. If you want to put 25 your telephone number also, have to put telephone number 4 1 of the company you work for. You have to have the Fair 2 Housing Symbol on the sign. 3 Until you put all these things on a sign, the 4 size of the lettering gets that: small it makes it 5 difficult for people to see the sign. 6 The speed on the Walnut Bottom Road, I believe, 7 is supposed to be 45. I believe everybody here knows it 8 runs closer to 55 on the normal. 9 Where I'm located there, the closest house to 10 mine is my parent's house, and it's probably 300 feet 11 away. And any other house wouldn't even be able to see 12 the sign from their property, as far as a distraction, 13 it's approximately 300 feet further up the road from them. 14 I don't believe theY'd be able to read from their house, 15 as far as distracting for any other property owners in 16 that neighborhood. I don't se,= there being a problem in 17 that respect. 18 I just wanted to increase the size of it so 19 there is better visibility and less chance of somebody 20 slowing down or potentially wrecking trying to read the 21 sign. 22 As an indication to that, the sign that was 23 posted there, one individual actually had to stop and get 24 out his glasses in order to read it. And that's just to 25 give an indication. I mean, that's the extreme, but I 5 1 don't want to see that kind of thing happen. 2 MR. REISINGER: Are you suggesting our Notice Of 3 Hearing sign should be 28 square feet? 4 MR. YORLETS: I don't: know what they should be. 5 I know they're not an economic factor there but-- 6 (Laughter from parties.) 7 MR. LOWRY: The only good thing to having a 8 smaller sign is really to slow traffic down, because that 9 road is terrible I know, as far as speeding. But, I'm 10 just kidding. I know what you're saying. 11 THE CHAIRMAN: Is there anybody else that has a 12 comment for or against? 13 MR. SHUMAKER: For the record, my name is 14 Douglas Shumaker. I'm a resident of Dickinson Township 15 and I reside on Walnut Bottom Road. 16 Is there a request to have a sign permanently 17 put on the property or is it for a limited time? 18 MR. YORLETS: The request is for permanent. 19 MR. O'BRIEN: As long as he has a home 20 occupation at that location. 21 MR. YORLETS: My main office is in Carlisle. I 22 will be working out of the house. 23 MR. SHUMAKER: My only comment would be, I am 24 opposed to anything that supports, encourages, enables or 25 permits that property to be sold or rezoned to create a 6 1 monster warehouse, truck center, distribution center, 2 anything of that nature. Thank you. 3 THE CHAIRMAN: Mr. Yorlets, you were going to 4 say something. 5 MR. PAUL YORLETS: Yes. I'm a nextdoor 6 neighbor. That's my son and I have no objection, as far 7 as him putting a sign up. It isn't going to interfere or 8 distract our property in any way. 9 THE CHAIRMAN: You might comment answering his 10 question of the property possibly being sold for some 11 other use besides farming. 12 MR. PAUL YORLETS: Alright. That farm is zoned 13 Agriculture permanently; in other words, the building 14 rights was sold off to the state and it's an Agricultural 15 farm, so it won't be used for warehouses. 16 I don't know how you'd ever get it accomplished. 17 The way it originally was set up was that the farm was put 18 in for perpetuity; in other words, forever. And the only 19 way you can get that out of that program is if the farm is 20 no longer a viable, what they call a viable farm. In 21 other words, if Carlisle came west and we were sitting, 22 that farm was sitting in the middle of town, eventually 23 hundreds of years from now, possibly it could no longer be 24 a farm and could possibly be developed. 25 But, I don't know the procedure about going 7 1 back. They pay the difference between Agriculture and 2 Commercial is what you get paid and that would have to be 3 paid back plus interest at the time we put it in. What 4 the regulations are now, I do not know. The farm is 5 Agriculture. 6 THE CHAIRMAN: Does 1:hat answer your question? 7 MR. SHUMAKER: Yes. And I have no objection to 8 the sign, other than the beauty of Walnut Bottom Road, but 9 I am opposed to any rezoning or creation of a 10 commercial/Industrial endeavor there, but I have no 11 objection to the sign. 12 THE CHAIRMAN: That's why I asked him to make 13 that comment, because that particular property, it would 14 be almost impossible to change it. What he was trying to 15 explain. 16 MR. O'BRIEN: You have received compensation for 17 selling off your development rights? 18 MR. PAUL YORLETS: Right. It wasn't a 25 year 19 plan, that was a permanent plan. I mean, we went in for 20 lifetime, because my wife and I both came from farm 21 families and we want it to stay as a farm, and that's the 22 reason it was done. 23 MR. FREY: If I may, to confirm what Mr. Yorlets 24 said, I'm the Solicitor for the Cumberland County 25 Agricultural Land Preservation Board. I was present and 8 1 conducted settlement for that t:ransaction and recorded the 2 deed of easement. And, he is correct, it is an easement 3 in perpetuity for Agriculture use only, and there is no 4 reasonable likelihood that this farm would be used for 5 anything other than Agriculture uses. 6 There is provision in state Law that would allow 7 a farm owner to purchase the easement back, but it has 8 never been done before, because you can't do it sooner 9 than 25 years after an easemen1: has been conveyed, and at 10 that time the farm is to be reappraised and the farm owner 11 must purchase the easement back for the then value of the 12 easement, not what he was paid 25 years or more 13 previously, which essentially means there's no economic 14 incentive to do it. It really is only in an instance 15 where it's no longer possible .to farm. 16 So I think for our life times it's safe to say 17 that's going to be a farm. 18 MR. O'BRIEN: I have a question for Jonathan. 19 Is there any setback on the si9n, if I'm writing a report, 20 if it gets approved? 21 22 23 24 25 MR. REISINGER: Can't be in the right-Of-way but that's it. MR. O'BRIEN: Can't be in the right-Of-way. THE CHAIRMAN: I don't want to keep going over this, because it's really not the issue, but I wanted to 9 1 explain to you what the chances are of that farm being 2 sold. 3 sir? 4 MR. DAVID WERTIME: My name is David wertime. 5 I'm a resident at 2043 Walnut Bottom Road. And I travel 6 Walnut Bottom Road on a regular basis and I have not been 7 sworn. In answer to your ques1:ion, my answer is, yes. 8 In regard to my testimony here today, I'm 9 unclear as to whether this sign is a home occupation sign? 10 THE CHAIRMAN: Basically, yes. 11 MR. WERTIME: And my question to that is that 12 unless my Ordinance is different and there's been an 13 amendment, signs advertising home occupations shall not be 14 larger than four square feet. 15 MR. FREY: That's why we're here seeking a 16 variance from that four. 17 18 19 THE CHAIRMAN: Four square feet or 20 square feet? MR. WERTIME: The advertisement was for 20 20 square feet. 21 MR. FREY: We're seeking 20 square feet. The 22 Ordinance will permit four square feet, essentially a 23 2'X 2'sign. And what Mr. Yorlets explained was until he 24 would put on that sign everything that he's required to by 25 law, it wouldn't be readable. And four square feet is 10 1 probably, as I was driving here looking for examples, 2 about the size of one of the larger mail boxes, probably 3 2 'X 2'. 4 MR. REISINGER: Little real estate. 5 MR. FREY: One of those monster warehouse signs. 6 It's fine to put a red circle ,dth monster, because you 7 can communicate that on four square feet, but it's more 8 diff icul t to put Larry Yorlets" Real tor, Fair Housing, 9 Equal opportunity. 10 MR. WERTIME: But you're asking for 28. 11 MR. FREY: 4'X 7' as opposed to a 2'X 2' sign. 12 MR. REISINGER: It looks like that's my fault 13 because I say right here on the Notice, the Ordinance 14 allows a maximum of 20 square feet. 15 MR. O'BRIEN: Or any commercial sign then. 16 MR. REISINGER: I suppose he could put up a 20 17 square feet sign advertising the farm. 18 MR. WERTIME: For sale. 19 MR. REISINGER: No, I mean, saying it's Yorlet's 20 farm. He could theoretically do it, if it's a Commercial 21 farm. Therein lies the splitting of the hair. 22 MR. WERTIME: My point, Mr. Chairman, is that 23 this is a request for a home occupation. 24 Not to disagree with the Zoning Enforcement 25 Officer, I don't see anything in the Ordinance that allows 11 1 someone to put a sign up advertising a residence or a farm 2 at 20 square feet. That's not in the Ordinance. There's 3 a signage of 20 square feet, if you're advertising that 4 property for sale. 5 MR. REISINGER: All we need to do here is adjust 6 the request. 7 THE CHAIRMAN: Just 1:0 review what you're 8 saying. It's permitted to have a four square feet and 9 you're pointing out that he's asking for 20, 28 square 10 feet? 11 MR. WERTIME: Correct. There's a big difference 12 between four square feet and 28 versus 20. 13 THE CHAIRMAN: You sdid, yes, about something. 14 Does that mean you're agreeing? 15 MR. WERTIME: I oppose the signage at 28 square 16 feet or 20 square feet when th,~ Ordinance only permits 17 four square feet; 28 square feet is not the minimum that 18 would allow the variance to be granted. That's a 19 substantial increase. 20 THE CHAIRMAN: Right. 21 MR. YORLETS: To give an indication of what the 22 size would be, if you see bus shelters on Route 11 or 23 Holly pike'S 4'X 8' signs, roughly little smaller than 24 that. Indicated here I have .to have the company name, 25 Jack Gaughen Realtor, ERA, has to be on there, company 12 1 logo, fair housing symbol on there, according to the Real 2 Estate Commission, put my name on there, and if I want to 3 put my personal telephone number on there. If somebody 4 contacts me instead of contacting the office, I have to 5 have the office telephone number on there also. 6 Until you put all that information on there the 7 sign is going to be so cluttered, you're not going to be 8 able to read it at all. That's the reason we tried to get 9 a variance on the sign size. 10 THE CHAIRMAN: Do you have a picture or do you 11 have any information of how you're going to build the sign 12 or where you're going to put it, etc.? 13 MR. YORLETS: Jonathan has pictures. There's 14 flags on those pictures that will show exactly where it's 15 going to go. 16 (Photos shown to Board.) 17 THE CHAIRMAN: Is that right on the edge of the 18 road? 19 MR. YORLETS: It would be back off the road, 20 right where the flags are. It:'s just about where they 21 have the-- As far as being back off the road, setbacks, I 22 can put it back however far you determine. 23 THE CHAIRMAN: Are t:here any other, any 24 regulations of where, you kno.T, an advertising sign is 25 supposed to be? Does the County or Department Of 13 1 Transportation have anything like that? 2 MR. REISINGER: It would have to be off the 3 state right-of-way, as far as I know. 4 MR. FREY: I think the Ordinance says something 5 about as long as it would not impede any sight distance 6 for any intersection, which doesn't apply in this case. 7 MR. REISINGER: Actually turning away from. 8 MR. FREY: Really part of our position is no 9 harm to the area because it is open area. It's not going 10 to effect residences. 11 And, as I think Larry mentioned to some extent, 12 it would be less of a danger to have a sign that's 13 readable than to have a sign that would be permitted, but 14 would cause drivers to either slow down to an inordinately 15 slow speed, given the traffic to read it, or not read it 16 until they have passed it and come to a stop in the 17 driving area and either do a u-turn to return or try to 18 back up to approach the property, would cause greater 19 traffic difficulties than having a sign of reasonable size 20 to read. 21 And I think Mr. Yorlets has pretty well pointed 22 out that the size is consistent with other signage that's 23 used on other fairly heavily traveled roads, the bus stop 24 signs; and it's also consistent with the size for other 25 signs in your Ordinance, signs for development purposes. 14 1 It's consistent with that size. 2 The 2' X 2' is essentially what lawyers used to 3 call hanging up their shingle. That's a shingle and 4 that's fine, if you're only trying to denote that for 5 someone coming in that, yes, I've got to the right place. 6 But to advise people I have an office at this location and 7 you can contact me, you need something a little larger or 8 it's going to be a distraction rather than communicating. 9 MR. O'BRIEN: I have a question. Now this 10 application was made by Mr. Yorlets, but it appears that 11 this is going to be a Jack Gaughen sign, not a sign for 12 Mr. Yorlets. 13 MR. YORLETS: Going to be advertising me but by 14 the Real Estate Regulations I have to put their name on 15 the sign. 16 MR. O'BRIEN: Where? 17 MR. YORLETS: There has to be-- 18 MR. O'BRIEN: In what size print, for example? 19 MR. YORLETS: The company you work for's 20 lettering has to be at least a little bit larger than your 21 name, to give an indication that you are working for them, 22 that you're not-- I'm an independent contractor but I 23 work for them. 24 MR. O'BRIEN: I kind of have an issue with that 25 because then that transcends t:he balance of a home 15 1 occupation if Jack Gaughen is qoing to be more prominent 2 than you. It's like a branch office of Jack Gaughen. 3 That's my comment to the Board. 4 MR. YORLETS: It wouldn't be a branch office. 5 It will be that I do work out of the home some; from time 6 to time people will be meeting me there to look at 7 properties and things like tha.t, not a branch office. 8 MR. O'BRIEN: Do you want to recognize him? 9 THE CHAIRMAN: Yes, 'when you're finished. 10 MR. O'BRIEN: I'm finished. That's fine. 11 THE CHAIRMAN: Mr. wertime. 12 MR. WERTIME: Mr. O'Brien, your question I think 13 is quite appropriate, unless Mr. Yorlets is a broker, he 14 cannot independently have an office on his own. He has to 15 work out under a broker; therefore, the signage appears to 16 be an advertisement for Jack Gaughen as Mr. Yorlets an 17 agent. So it's more an advertising sign than it is a home 18 occupation. He can't independently have a separate office 19 under Realtor Law. 20 MR. YORLETS: As I indicated a few minutes ago, 21 this is not going to be a sub-office or anything of that 22 indication. I will be working some out of the house, some 23 times out of the office, but my license hangs in the 24 office in Carlisle. 25 MR. O'BRIEN: How many real estate agents have 16 1 signs at their homes 4'X 7' advertising that they're an 2 agent of Jack Gaughen? 3 MR. YORLETS: I can'-t honestly answer that. 4 MR. O'BRIEN: Do any of them? 5 MR. YORLETS: Again I have no idea. It depends. 6 My situation was I own a lot of property along there. I 7 thought I could put a sign up there to advertise that and 8 it wouldn't effect basically any other housing. 9 If I was living in a housing development, then 10 it would be a different situation. I could understand the 11 2'X 2' sign. It would distract from other people in the 12 neighborhood. But in my particular situation right there 13 there's only one property that's going to be even able to 14 read the sign from their house, and it's my parents, and 15 as you heard they indicated that they're in favor of me 16 putting a sign up. 17 MR. O'BRIEN: Okay. 18 THE CHAIRMAN: Is the sign lighted? 19 MR. YORLETS: No. 20 THE CHAIRMAN: Are t:here any other comments, any 21 questions? 22 MR. STALLSMITH: Size. Can't you get it on a 23 3'X 5? 24 MR. YORLETS: I guess that would be possible but 25 most of the signs that you SeE! that's in that respect is a 17 1 4'X 8', as you see on bus shelters. That's the size they 2 3 run. MR. STALLSMITH: Tha"t's a pretty big sign. 4 That's a sheet of plywood. 5 MR. LOWRY: Just about. I have a problem with 6 setting a precedent. If we allow you to put that sign out 7 there there's going to be somebody else down that road 8 say, I see that sign, why can't I have one that big? 9 We have some that we approved down that road 10 further, Monroe's Repairs and all, and that's just a 11 little 2'X 2' sign he has hanging. 12 That's one of the problems I have of setting a 13 precedent. Somebody else is going to open up a business 14 on that road and maybe next to me, I don't know, and want 15 a 4'X 7' sign. It could happen very easily. 16 MR. O'BRIEN: In a residential neighborhood like 17 Briarwood. 18 MR. LOWRY: I understand you have a lot of room 19 there. 20 MR. YORLETS: Right. 21 MR. LOWRY: That's my obj ection. 22 MR. PAUL YORLETS: On Burnt House Road there's a 23 sign up advertising building lots and I'd say it's almost 24 a full 4'X 8' sheet of plywood and they have another one 25 on the Walnut Bottom Road, which was prior to the Rockwell 18 1 property, and that sign that's up there is about the same 2 size, a 4'X 8' sheet of plywood. So I can see this 3 wouldn' t be anymore different "than what that is. And 4 that's advertising ground for :sale. And I can't name the 5 builder that has that, who you have to see in order to 6 purchase the ground there. 7 MR. SHUMAKER: Doug Shumaker again. I did not 8 swear in. My answer would be, yes, as well. 9 The signs that are that large are probably 10 temporary signs. That sign that is being sought has been 11 stated to be a permanent sign. The largeness of it does 12 affect the beauty of the area and certainly Dickinson 13 Township has some very beautiful scenery. 14 Not far from where this sign is to be considered 15 is a sign that says Keep Pennsylvania Beautiful, a 4'X 8' 16 sign, not a traffic sign or emergency sign or life 17 assisting sign, and it seems t.o go against keeping 18 Dickinson beautiful. 19 And to set a precedEmt, I too have a business on 20 Walnut Bottom Road and I've been told no illumination and 21 a two square foot sign. And I think that's just fine 22 because I don't want to see Walnut Bottom cluttered. 23 Thank you. 24 THE CHAIRMAN: Anybody else? Do you folks have 25 other questions? 19 1 MR. LOWRY: I don't have any other questions. 2 MR. STALLSMITH: No. 3 THE CHAIRMAN: My suqgestion would be to 4 rethink. And I'd like to know what the sign is going to 5 look like. Is it going to be stuck on a post or is it-- 6 MR. YORLETS: No, it's going to be 7 professionally installed. 8 MR. STALLSMITH: We should have its design. 9 THE CHAIRMAN: I'd like to see what it's going 10 to look like. 11 MR. STALLSMITH: Try and get a design with 12 lettering on. 13 THE CHAIRMAN: Specifically where it's at. I 14 think it is something we need to consider very seriously. 15 It is kind of new. And I agree with what Paul says, there 16 are other signs around, realtor signs, and these kinds of 17 things. Normally they're temporary. 18 MR. PAUL YORLETS: I asked Larry what the sign 19 is going to cost and he said it's going to cost a thousand 20 dollars. You know, it ain't qoing to be a piece of junk 21 or it wouldn't cost a thousand dollars. It's going to be 22 an attractive sign. 23 MR. FREY: Would you be amenable to tabling this 24 request to allow Mr. Yorlets ,to submit designs, if you 25 would desire, to provide further information to you? 20 1 THE CHAIRMAN: That might make it easier to make 2 a decision. 3 MR. LOWRY: Yes, and also maybe to consider 4 shaving it a little bit. 5 MR. STALLSMITH: See what you can do. 6 MR. LOWRY: I realize maybe what I said earlier 7 might be true, smaller sign would slow people down on that 8 road. 9 MR. STALLSMITH: Instead of going straight like 10 this, maybe if you get something that has some style, you 11 can put a logo up there, instead of it taking space in the 12 rectangle. See what I mean. But try and get a design on 13 paper, a sketch to scale, and then see. 14 MR. YORLETS: Alright. 15 MR. STALLSMITH: The sign person could do it 16 almost full scale and then you could see how much you can 17 get in on that size, and put it out there and walk away 18 and see if you can still read it. 19 THE CHAIRMAN: Intend to think a sign as close 20 to the road as you put it, if it's sitting back, 21 everything is relative. 22 I would suggest we table this, and you put down 23 on paper what you expect to do, and then bring that back. 24 MR. YORLETS: Alright. 25 MR. STALLSMITH: Do some homework. 21 1 THE CHAIRMAN: I think it's a big change for the 2 township and we're not going to arbitrarily make a 3 decision. I think we need to "think this out on what it 4 means for the future too. 5 MR. YORLETS: Thank you. 6 MR. FREY: I have on,e question for the Solicitor 7 concerning the advertisement. Would it be better to have 8 it re-advertised or look into the question of whether the 9 variance is from a four square foot or what was originally 10 advertised? 11 MR. O'BRIEN: I believe that's probably better 12 for any approval that would result from it, so that-- 13 MR. FREY: It would not be an issue. 14 MR. O'BRIEN: It would not be an issue. 15 MR. FREY: Thank you. 16 (Concluded at 7: 38 p.m.) 17 18 19 20 21 22 23 24 25 22 10 11 12 13 1 CERTIFICATION 2 3 I hereby certify that the foregoing proceedings 4 were taken stenographically by me, and subsequently 5 transcribed under my direction and supervision; and that 6 the foregoing is a full, true and correct transcript of my 7 original shorthand notes. 8 t!L~~~))b.'~ Cheryl arner Donovan, Registered Professional Reporter Notary Public 9 14 Notary Public, Cumberland County My Commission Expires July 23, 2007 15 16 17 18 19 20 21 22 23 24 25 (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter. 23 This L sealed ( integrit VOIDtI Th p' transcr; number DICKINSON TOlJVNSHIP ZONING HEARIN[;; BOARD SIGN IN SHEET DATE OF" MEETING: .JUNE 15. 2004 STREET ADDRESS jJ REASON "DR ATTENDANCE ff1fj 2hrtibri,1! ;[2 J 14,Af);2!J 't;q'i) 50{\O llif\K RJ , \-1-(Ov{{f\(jL-- 13 qe s is ,) l/ectP' ;''''7 1 . cJ \ cD'--' 17 E ~ 1;<;4 ;b O.,.,/,>!- ;kdr,~ ((~ 9tr+/:}~ q I Old- S-k-k kY-. c"J"'-6 /-I-';:r- Z-::::::.:> ":z/~1 ;;;;-;;,1,,'; Mlm I?d~1e J;;I/+/~- l/~;, I Y4/1er ~T (!4.-i'~0,/Al:cV.iJ,? AI'1.!-f p~ 7Jr W Itkit.: ~7- tAv'tl1 ~'C!<-- ~ ( LD t{S Wl\l..Nv I 'fTV}/\fZe,A () ~~ ~-=----U~,1) ~ ~/~ 3 IIk/~ R..7z:;......./?-f 1I<!?<r:h~i jl t!;t ~grbU)~I.".4c 8o~~4 fkn'J 1) ~ 0-- P.r~7 ~"'f"">\j r,'"",~> L.'\. Yor\~'" ~~hho^, PZASE PRINT NAB / . ..p.O'1(f.~"O Jf.Y\ ~Y\'C~e( \~ '{:U \r\ f\ DICKINSON TOWNSHIP ZONING HEARINt; BOARD SIGN IN SHEET DATE OF MEETING: JULY 2D. 2004 PLEASE PRINT NAME STREET ADDRESS REASON FOR ATTENDANCE VQu\ / \=-, \~ ~y 1~, ~ ~E"t~ W \-\E:\sr::e- l\ <J CJht~ ~(!j COr\~ ~ ') ~())/ Il:lOC:l ~>AND~N~ Rei Mt tJ.c,\\\\ SpI4~S. I lues- Nov. 8. 2004 9:44AM The Sentinel ~'0.89D7 P. 1 4-<6 Co. ~1J d- The --Sentinel P.O. Box 130, Carlisle, Pennsylvania 17013" (717) 243-2611 FAX COVER SHEET TO: _'._" . [lATE IV LV {; {y! FROM: ~gr.1 ______ TIME f?;S5/hYJ_ We are transmitting ;;?___ pages including cover sl1eet. If you do not receive all pages, please notify us at once. Message: _ IJ.e eflll ()r\Q'~1 ~ncLQ CI)1Lf r)t -t~ caa. UJp.... or . OF (}P- fu.bll (c<tJ6YJ~. /-f C( -tc..---<. (J()&-t- r-S. ~b.~ I-f' ((CU. , YI,01.l::'_' :J T/d'rVl~ pl'pQ,OR, l/C-a 22 0),<(0 Display and Classified Advertising Fax Number - (717) 243-3754 I ~QI7D() 7iflL~ One West H;gh Street, 'Suite 205 Carlisle, PA 17013 Wednesday, June 2, 2004, The Sentinel, Carlisle, Pa.,-CI C~ t.=:::J -10- p~Natices Dickinson Townshio Zoning Hearing Board NOTICE OF HEARING POSTED: June 1, 2004 The Dickim.on Township Zoning Hearing Board will hold a Public Hearing: June ~ 2004.!!! 7:00 P.II. Dicldnson Township Municipal Building 219 Mountain View Road, Mount Holly Springs, PA, 17065. PHONE: 7'17.486.7424. Pklase call if you have any questions regarding: Docket # Z. 20040006 At the request of: Larry Vorlets 1816 Walnut Bottom Road Carlisle, PA 17013 Regarding:: Variance: Request!llQ erect !l4'x LID9!l @ ~quan~ ~ .911816 Walnut Bottom Road. The ordinance allows a maximum of lQ fiauare feet. AlIlnterl~sted parties wishing to be heard are requested tl) be present to stale their opinion If such an opinion should be heard. Respectfully, Dickinson Township Zoning Hearing Board Jonathan E. W. Reisinger, Zoning Officer I PUbli~I~~tices PUbli2~ticeS Dickinson TownshiD Zonina Hearing Board NOTICE OF HEARING POSTED: June 1, 2004 The Dickil!lson Township Zoning Hearing Board will hold a Public Hearing: June ~ 2004 m 7:OQ P oM. ;0.: ~,..'tlickinsori Township Municipal Buikliflg , 219 Mountain View Road, Mount Holly 't'.,.. Springs, PA 17()65. . .....,-' PHONE: 717.486.7424. PleasecaU ffyouhave any questions regaroing: Docket # Z- :~OO40005 Atlhe request of : Leonard Kuhn 898 Sandbank Road Mount Holly Springs"PA 17065 ' Regarding: Removal of mobile home and construction r 212 two stID house at 821 Sandbank Road. Reauestina~, M!!lWansior! Q! a nonconfonnina use in that the Minina-.; , Industrial Qmtrict does not pennit!!i!!g~ familY dweH~ All inlerElsted parties wishing to be heard are requested to be present to state their opinion If SUI::h an opinion should be heard. Respectfully, Dickins,on Township Zoning Hearing Boai'd Jonathan E. W.Reisinger, Zoning Officer I PUbli~11~~ticesl. PUbli~'~tices DickinSl:m TownshiD Zonln, Hearina ~ NOTICE OF HEARING POSTED: June 1, 2004 The Dickinson Township Zoning Hearing Board will hold a Public Hearing: June ll.. 2004 m 7:00 P.M. Dtcl:inson TownShip Municipal Building 219 Mountain View Road, Mount Holly Springs, PA 17065. PHONE: 717.486.7424. Please call if you have any questions regarding: Docket # Z - 20040007 At the request of: Nathan L.Oay 91 Old State Road Gardners, PA 17065 Regarding: jL~f2!2 221QQt variance!Q~ D. two gu MllWg that would ~ JJ. feeftram PfQPm1Y b rathel: than 1!!!! rgquired 35 f22! setback. All interested parties wishing to be heaf'fj are requested to be presenllo state their opinion if such fin opinion should be heard. Respe'cttully, Dickinson Township Zoning Hearing Board Jonathan E. W. Reisinger, Zoning Officer "'-"""'1 Phone (: llVAILABI home, t school. Fl yrs.old. ( NO PA Statel .Famil~ Home" I home in day care i anyonf through who are t of the carE Wo individua ,. ate a lam, home wrth, t'lon certifij therefore t of pennsyl' 12: ~ tLEANING Are your Sl ends SpE Allow mE Cleaningt fime. 29 , girl raise' sum Lake honest & great reft isle & SUI only. Call ,Q ... App ~eighborh .. AU- PI .Uplo$10 experler schedule! "wironmer ffork&afur Pick Up, ByW Canisle SSEMBL' CTlON 01 ositions c 'sh ifts i Shore a tempora withheall avallat 9.25/hr. please c G r 0 U I 730.9841 ~." ASS] Wanted in b office.KI physic, ,.xer~se i~ t:)(.penence High Sct required Mon., T( Nov. 8. 2004 9:44AM The Sentinel N0.8907 . t'He ~~I':N'l"TNRT, - TJECAL prlllll:d on 11/08/2004. at. OS: 4.G by 2q 1\on 26~9:n First r.~ken by GJ2 Lasl chi1Il.ged by c3? 06/01/2004 17:0?- 06/0212004 17,23 ("/17) 486-7121 Accti 73'28 mrpr::Rvr.SORS DICKINSON TOW 219 MDlJl'.J'1'Ailll V.l..t::.w RD Given hy JON REISINCER poa UZ-20040006 StaLL 06/0212001 Stop 06109!20C1 '!'ran?j /;mt. Bill Expir Class 10 l:Illm.TC NOTICES lndex: DICKINSON TOWNSHIP 'ZONINC HEARING B eo is 2 Lines 27 11lchfo!l:O.2 67 l,olOros 133 Box? N M'I' .HOLLY gPRINGS,. PA 17D6!i-1S03 Sub:':l'~L''? N Muil Info: Typo M~il Sched Coplal:O Sunday ConWI)nL Affid ~ L 1 Oocket #7.-?0040006 Pb. Code RC:ll:e Hase-charge Addl-CharQe Totill~Co~t Ins Sl:a.rt: Stop SMTWTFS OlPRF 6.35 ~ppl19d 06/09/2004 3 LGL 123 12 6.35 129.47 2 06/02/200' 06/09/2004 0001000 ---.".._.~ -- TOTAL An COST 129.47 .t>ayment:s: Date 06/'-3/2004 Check. 3361 1\mount -129.17 Credit,.Ca.rd-# Exp.-Da.te AU1:h-eoae NET DUE o 00 Dickinson ~p~onlng.t::r.urtng~ NOTICE 0 HEARING POSTED, Jun. 1. 2004 Tne DIckinson Township Zoning Hearing Board will hold a Public Hearing: June .u..ZD."~!!l;.QgP.M. Dickinson TownShip Municipal Building 219 Mountain View Road, Mount Holly Springs. PA 17065. PHONE: 717.486.7.424. Please call If you hs\/e any questions regarding: Docket' Z - 2004000& Ar the requeat of; Larry Varlets 1816 WslnutBonom Road Carlisle, PA 17013 Rog.trdlng; Variance: ~qJ&SllllQ~.e 4'x-rmn lZB.iq~l!!ill!!!.aM~80tto." Road. ~ ordinance ~i1 maKimum .Q!gQ.!~met.. AlIlnteres\ed parues wil.hing to be heard al'8 requested 10 be present to state their opinion it such an opinion should be heard, Respectfully, Dickinson T ownshlp Zoning Hearing Board Jonathan E W ReIsInger Zoning Officer p. 2 DIGKINSON TOWNSHIP ZONING HEARING BOARD NOTICE OF HEARING POSTED: June 1, 2004. The Dickinson Township Zoning Hearing Board will hold a Public Hearing: June 15, 2004 at 7:00 P.M. Dickinson Township Municipal Building 219 Mountain View Road, Mount Holly Springs, PA 17065. PHONE: 717.486.7424. Please call if you have any questions regarding: Docket # Z - 20040006 At the request of : Larry Yorlets 1816 Walnut Bottom Road Carlisle, PA 17013 Regarding: Variance: Request is to erect a 4' x 7' siQn (28 square feet) at 1816 Walnut Bottom Road. The ordinance allows a maximum of 41! A.. 4 fh square feet. I ~. All interested parties wishing to be heard are requested to be present to state their opinion if such an opinion should be heard. -wi'. Dkkl,,;oo TOW~Z,";O' Hm;;o, Booed JONATHAN E. W. REISINGER, ZoN:ING OFFICER To",.,..:1' Coq DICKINSON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ZONING HEARING BOARD ApPLICATION DATE OF" COMPL.ETEO ApPLICATION: ft\t!:ty ~ ~OO1---0CCKE:T #: ZoofOoO$ NAM",~a.rr1 Yo,-le:t'S PHONE: ;2i.r'l-;23~iiI ADDRESS' /fl/v, u..ln.A I3ct/-o,,, ~, OWNER: L".rrj Vo..-I.e.T-5 ('.a"l,sl€- PA 170/3 s.n: (S"'M''- "U,pS"j) , ATTORNEY: /<obe..--\- G, Fre1 <<#'1' PHONE: ;;;;l '-13..5 8.38 ADORESS: 5 5. f-/<l.nOtie..- S+. ca....I,sle PA I7DI.3 . f J I INTEREST Qr ApPLICANT: <tf OWNER ( ) EQUITABLE TITL.E HOLDER ( I OTHER SITE AODRESS, QESCRIPTION AND PRESENT USE: IBIIo LJa.bJ Aoifo"" RcR. Cav-I:51e.-. ) "' ,I;;l- a.ere- F-a-rM .) Fa.y", i "5 ApPLICANT REQUEST: (v( VARIANCE{ I SPECIAL EXCEPTION ( ) Apf'lEAL elF" OECISIDN REASON FOR REQUEST: t: IoH:'lllcR. /; k.L to ,0 r-e'ct.~ If 'X 7' ~ l'v\ 0 (\ MY Q)r"ie>ty ~+ Irs/&, IV~lnu+ Botb,,,,, A~, -tl-..+ ,J"d M+ m<-.et- t~e- {'orrP,,-\- '''''''J Dr~:""',^c.e w:+~ ore;>",&' S -/-D ')"5 , D' L' I,", ,C~h\Snlf'. Il)wrld':r' ZONIN13: ~13RICUL.TURE ( ) CONSERVATION ( ) Low DENSITY RESIDENTIAL ( ) MECIUM OENSITY RElSICENTIAL.8CF'F'ICE ( ) eUSINE!lS~RE'CREATltINAL. ( I SUBINESS-INDU8TRIAL. ( ) MINING-INOUSTRIAL. NAMES & A.DDRESSES OF" PROPERTY OWNERS OF" RECORD ON AO.JOININC3 PROPERTIES WITHIN ZOO F'EET OF" THE SUS.JECT PROPEJ:lTY: 7 "'h;~fe'1"j p;o€S Lane IG,.A~'Ie/f\ 170'> '-. ~ ,j, 1,57 ~lo.{."i-5o-hM ,(J. [_,,,,fisk; Pf\ 170'3 .~~ "~ ' (. ~~~n5h-, , P/c.;n t-.'p'~'fA 1'70~ Pal} I J- j"nic~ Y'or-le.ts _ __ /830 IJal.,,+ &1/-0"" R. ea,c,k,PA 17013 F,,~+ :r.~"sh:~\ R.al~ T.usrJ:nL, ).7~O C..,~<rc. t>n..e ~"\k 100 />1;.l.,ile\-o,^,,,,pl1 17057 , 1 I l\Do0 , RDbev-T (,. 1="'<<-1 ..1I-y, Alhe..T v. Spo.d:..S -("\"'-3"" f',!c-e ( I PL.OT PLAN ( ) SKETCH ~HOTOS SUBMISSION: (MUST SUBMIT A PL.OT PLAN OR SKE;TCH) STATEMENT OF" ACCURACY: llte,..11g oe~eon/lrm CUlth_ appttccu&ttJtataU .ftlt- tn,{orrncztt.n.~ _part of this ~PF"_"n. submIttcIl, is eompleU' an.cl eof'TC'C't to tit_ ~ of my knowledge cmcf tfult tit., c.nm:mtp GUtINrltg 1NIf1/"" 1IpO.Il its tICClW'aqJ in tM C'lMU"Se' ofthdr ~ _ SIGNATURE O' APPCICANT: ~ ~ A.~ FEE' 2Ji;{:). DATE RECEIVED: 1::5\%\ D4- _HEARING DATE: ;'//'5/0 " ~ " NOTICES: NEIGHSORB~ NEWSPAPERc..(q(04 POST'EOo/ta!Of.BTENCGRAPJ-IER12!#PI.i DECISION: ApPROVAL ?/p-.o/Ol.( DENIAL I , CONOITICNS Se~ De,-,:"o..l Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if .,space permits. 1. Article Addressed to: O~c.-Kfvt-Xn.. 7 to'P LoY\- ~~ I~~~ ~UU-v-zL , 2Aq M.ouA~{V\ V IwJ ~ ~. l.\u~~ $pyt~ pit n(J~S lOCi"! 3 <{oo 66l'i 2. Article Number (Transfer from service label) "farrle) /" C. Date of Delivery lll-Cf i(- . D. Is delivery add9...QJffererlJr9m it8rr! 11 0 Yes If YES, enter deli~')' add~ beld.\Y,~ 0 No " ~~.~ '-..1 c:~ ~r:,~ -n _':;:: Ill?",,; F,q .!" 3. _~rvjce Type ~,. .<' ,.,.. ~. :. :'H .. Certified ~l (~.~:;D E~ss M~,t!(> o Registere&---" l'.'.O R4ffiin Rect:~t ~6r Merchandise o Insured Mail ~~:.D C.. 'r 4. Restricted Delivery"? (Ext~) ., o Yes ~-uo 1<(2.0 102595-02-M-1035 PS Form 3811, August 2001 Domestic Return Receipt