MOUNT JOY BOROUGH ZONING HEARING BOARD MINUTES of April 24, 2014

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1 MOUNT JOY BOROUGH ZONING HEARING BOARD MINUTES of April 24, 2014 The Zoning Hearing Board met in the Council Chambers of the Mount Joy Borough Offices, 21 E. Main Street, Mount Joy, on the above date. The meeting was called to order at 7:00 p.m. by Bob Marker. Board members present included Ned Sterling, George Leyh and Shelby Chunko. Borough officials in attendance included Stacie Gibbs, Zoning Officer. Zoning Hearing Board Solicitor, Joseph Kenneff, Esquire, was present. Michelle Parke, court stenographer was also present. Minutes of the January 23, 2014, meeting of the Board were approved on a Motion by Chunko and a second by Sterling, which passed unanimously. New Business: Bob Marker read the Standard Board Procedures to all those present. There were no objections to the jurisdiction of the Zoning Hearing Board nor were there any challenges as to the personal or business interest of any member of the Board. Stacie Gibbs, Zoning Officer was sworn in. Case No. 1 The applicants, J. Michael and Wendy S. Melhorn, 612 W. Main St., Mount Joy, PA, requested a Special Exception of B to change the use of their property located at 812 W. Main St., Mount Joy, PA, to a vacation home rental, which is not a use specifically regulated under the Ordinance. This property is located in the Commercial Office Zoning District. EXHIBITS APPLICANTS: A-1 Zoning Hearing Board Application with Site Plan BOARD: B-1 Legal Ad with Proof of Publication April 8th and April 15, B-2 - Public Hearing Posting Borough Office and Property on April 16, B-3 - Neighbor Notification Letters mailed April 16, QUESTIONS AND TESTIMONY 1. Stacey Betts, Esquire was present on behalf of Michael and Wendy Melhorn, and was sworn in. 2. Michael and Wendy Melhorn were present and sworn in. 3. Michael Melhorn advised that they currently reside at 612 W. Main Street. 1

2 4. Michael Melhorn advised that he and his wife Wendy Melhorn are the current owners of 812 W. Main Street. 5. Michael advised that they are requesting a Special Exception so they can rent or lease out the property as a vacation home rental when different events are held in Lancaster County. 6. Attorney Betts advised that a vacation home rental is a use not provided for in the Zoning Ordinance. 7. Michael advised that the property is currently vacant, and is a single family home. 8. Michael advised that the property is currently located in the Commercial Office Zoning District. 9. Michael advised that the lot is 50 x 200 feet, for a total of 10,000 square feet. 10. Michael advised that there is an existing single family home, and a three bay garage detached in the rear. 11. Michael advised that there is some existing private concrete sidewalk on the property. 12. Michael advised that a vacation home rental is currently not listed as a use at all in the Commercial Office Zoning District. 13. Michael advised that there are other dwellings and businesses in the area. 14. Michael advised that the single family dwelling is currently a 4-bedroom home. 15. Michael advised that they plan to have 4 bathrooms with a minimum of 3 bathrooms. 16. Michael advised that they would allow a maximum of up to 12 occupants, or as few as 1 occupant rent the property. 17. Michael advised that the lease would be a 1 week lease, with a minimum of 2 nights and a maximum of 7 nights required. 18. Michael advised that there will be 1 lease for the entire home. 19. Michael advised that the leasee must be at least 25 years of age. 20. Michael advised that they will be checking profiles online to be screened to a degree. 21. Michael advised that they decided to do this to provide a place where families can stay together when activities or events are going on in the County. 22. Michael advised that they plan to create 6 off-street parking spaces with 1 handicap space. 2

3 23. Michael advised that they would be installing outdoor lighting, porch lighting and dusk to dawn lighting on the garage for safety. 24. Michael advised that the property is located adjacent to R230, W. Main Street on the North, and Clay Alley to the South. 25. Michael advised that there is access to the property in the rear off of Clay Alley. 26. Chunko questioned if they come in off of Clay Alley on the west of the garage. Michael advised that was correct. 27. Michael advised that the off-street parking will be pervious paving to a degree. 28. Michael advised that they have been in contact with the ELA Group as it relates to drafting these plans for stormwater, and for the off-street parking. 29. Michael advised that there is an existing barbershop to the east of the property, along with a residence, parking lot, hearing aid business and a 2-unit building. 30. Michael advised that there is a lock shop business, a 2-unit building, and a1 unit residential across the street. Michael further advised that they own the property to the west side of the property. 31. Michael advised that he would guess there may be 2-4 cars on the lot at one time. 32. Michael advised that on the East edge of the property they would like to put in some shrubbery and bushes. 33. Michael advised that there would be no impact on traffic. 34. Michael advised that there will be 1 employee to do house observations. 35. Michael advised that the employee will not be on site when the property is rented. 36. Michael advised that it is their desire not to impact the neighborhood with noise, and this property will be managed as they manage their other properties. 37. Michael advised that there will be no odor, glare or noises. 38. Michael advised that they will be renovating the inside of the home. 39. Michael advised that they may be putting a small deck on the outside, but nothing intrusive. 40. Michael advised there will be no outside storage. 41. Michael advised that this is different than a boarding house, as boarding houses have a month to month lease. 3

4 42. Michael advised that only one person can sign the lease, and that person is responsible to see that the lease is abided by. 43. Michael said that this is different than a bed and breakfast because the owner lives on site and cooks meals at a bed and breakfast. Michael advised they will not be living on site, or cooking meals. 44. Michael advised that he and his wife Wendy will oversee and manage the property. 45. Michael advised that he wrote a letter to all the neighbors regarding their intentions, and a copy was provided to the Borough. Michael advised that only one person responded with questions and he ed her back and did not hear anything more. 46. Wendy Melhorn advised that overall, they had positive responses. 47. Michael advised that there will be nothing toxic at the property. 48. Chunko questioned if a feasibility study was done on the need for this type of use. 49. Michael advised that they talked to some people and there appears to be a need for this type of use in the area. Michael advised that we have bed and breakfast uses, but no rental houses. Michael advised that they are willing to invest with no guarantees. Michael advised that they like to entertain and interact with people. 50. Michael advised that they are hoping to attract renters that may be attending events at Elizabethtown College and Spooky Nook. 51. Bob Marker questioned how they came up with the number 12 as the maximum number of people to occupy. 52. Michael advised that since there are 4 bedrooms, the square footage allows for this number. 53. Ned Sterling questioned if renters will be using pull-out couches. 54. Michael advised that they discussed the use of pull-out couches, but they want families to be comfortable, so they are not sure yet. 55. Marker questioned what they would be doing to the property. 56. Michael advised that they will be enhancing the brick, painting, enclosing the porch, landscaping, etc. 57. Marker questioned what website they would be using to check profiles as they had mentioned. 58. Michael advised that they recently traveled to Europe and rented a home. He advised that their profiles were checked on Air B & B. He advised that after their stay, they were asked to also complete a survey. 59. Sterling questioned problems with leaving their children and friends at the house. 4

5 60. Michael advised that the person signing the lease must be over 25 years of age. He advised that he would not condone inappropriate behavior and the person signing the lease must be present at all times. 61. George Leyh mentioned that the fact that the Melhorn s live so close is positive. 62. Leyh questioned what, if any type of sign they were going to install. 63. Wendy Melhorn advised that it will be something attractive and they have not come up with a name yet, but they have a couple of ideas. 64. Leyh questioned if they would be advertising. 65. Wendy advised that they would advertise on the web and by word of mouth. 66. George questioned the minimum number of nights someone could sign a lease for. 67. Michael advised that there will be a two-night minimum requirement. 68. Michael advised that there will be no signing of a lease for 3, 4 or 5 weeks at a time. He advised that the lease would need to be renewed each time. 69. Leyh questioned the type of garage in the rear. 70. Michael advised that it is a one-story framed garage. 71. Leyh questioned what is in the garage. 72. Michael advised that there is currently storage in the garage such as lawn furniture and lawn mowers. 73. Michael also advised that there will be no parking allowed at the garage by the alley. 74. George questioned if the garage would remain for storage only. 75. Michael advised that the garage would continue to be used for storage only. 76. Leyh questioned the use of Peach Alley. 77. Michael advised that they currently maintain the unopened alley. Michael advised that the Borough has a stormwater easement and therefore, the alley could not be used for much of anything. 78. Attorney Kenneff advised that if the owner of the property changed, they would have to abide by the existing conditions that would be set forth in the decision. 5

6 On a Motion by Sterling and a second by Marker, statements and the taking of testimony was closed. There were no questions or comments from the public. Wendy Melhorn advised that when they thought of bidding on the property through the auction, they wanted to come up with a use that would not be detrimental to the character of the neighborhood. Wendy advised that they wanted to provide a great use to the community with a positive experience. ACTION BY THE BOARD A motion was made by Sterling and seconded by Chunko to approve the application made by J. Michael and Wendy S. Melhorn, for a Special Exception of B to change the use of their property located at 812 W. Main St., Mount Joy, PA, to a vacation home rental, which is not a use specifically regulated under the Ordinance. The Motion passed by a 4-0 vote with the Board s established standard conditions and additional conditions as follows: 1. The Applicants shall at all times be bound by their plans and promises as presented to the Zoning Hearing Board either in written or oral testimony as part of the Hearing and/or their application. 2. The Applicants shall obtain all approvals and permits as may be required by applicable laws and regulations, including but not limited to Borough Zoning / Building Permits and Water / Sewer Permits as per the Mount Joy Borough Authority Rules and Regulations. 3. The decision shall be binding on the Applicants, their heirs, successors and assigns. 4. The Applicant shall be aware that any violations of the conditions contained herein including failure to remain in conformity with the plans and promises presented to the Mount Joy Borough Zoning Hearing Board will be considered a violation of the Mount Joy Borough Zoning Ordinance and shall be subject to penalties provided within the same. 6

7 Case No. 2 The applicant, Robert Kettering, 3121 Mount Joy Rd., Mount Joy, PA, requested a Variance of A to allow two lots to be developed fronting an alley located at the Northwest intersection of N. Jacob St. and Appletree Alley. This property is located in the Medium Density Residential Zoning District EXHIBITS APPLICANTS: A-1 Zoning Hearing Board Application with narrative. A-2 Sketch of Alternative Layout Plan for Mount Joy Street. A-3 Googlemaps.com, aerial picture of Mount Joy Street and Appletree Alley. BOARD: B-1 Legal Ad with Proof of Publication April 8th and April 15, B-2 - Public Hearing Posting Borough Office and Property on April 16, B-3 - Neighbor Notification Letters mailed April 16, Bob Kettering, was present and was sworn in. 2. Robert Gabriel, with Robert Gabriel and Associates, Inc. was also present and sworn in. 3. Robert Gabriel advised that 220 Mount Joy Street is located on the western side of the existing site plan, and 28 N. Jacob Street is located on the corner of N. Jacob and Mount Joy Street. 4. Gabriel advised that 220 Mount Joy Street contains 13,000 square feet and 28 N. Jacob Street contains 18,000 square feet. 5. Gabriel advised that 220 Mount Joy Street contains an existing single family home which is nonconforming with front yard and side yard setbacks, and contains a small shed. 6. Gabriel advised that 28 N. Jacob Street contains a brick single family dwelling and garage, and is also nonconforming. 7. Gabriel advised that his client Mr. Robert Kettering is proposing to subdivide the lots to create 4 additional lots. 8. Gabriel advised that Lot 1 would contain 5,284 square feet and maintain the existing dwelling, Lot 2 would contain 7,020 square feet and also maintain the existing dwelling, Lot 3 would propose to contain 4,500 square feet and front Appletree Alley and Lot 4 would propose to contain 4,500 square feet and also front Appletree Alley. 9. Gabriel further advised that Lot 5 would propose to contain 5,528 square feet and Lot 6 would propose to contain 4,752 square feet, and they would both front N. Jacob Street. 10. Gabriel advised that 2 duplex units will be going on Lots 3 & 4, and will be connected. 7

8 11. Gabriel advised that the front yard setback is 15, the side yard setback is 5 and the rear yard setback is Gabriel advised that Lots 5 & 6 will be the same setbacks which would comply with the Ordinance. 13. Gabriel advised that the minimum lot width for all lots will comply. 14. Gabriel advised that section A states that all lots are to front onto public or private streets. Gabriel advised that the definition of streets does not include an alley. 15. Gabriel advised that all lots met the dimensional requirements, however, there is not enough room to front all of the proposed lots onto Jacob Street and Mount Joy Street. 16. Gabriel advised that Appletree Alley would serve for ingress and egress for Lots 3 & Gabriel advised that there will be no impact to traffic flow. 18. Kettering advised that Ruth is current owner of both properties. 19. Chunko questioned who is to own the 4 townhomes. 20. Gabriel advised that it is not Kettering s intention to rent them. 21. Kettering advised that is not his intention. 22. Attorney Kenneff questioned if Kettering could utilize the current lots as they are. 23. Kettering advised that he cannot utilize the current lots as they are. 24. Kettering advised that he cannot build as designed without a variance. 25. Chunko questioned if one big house could be built if subdivided one time. 26. Kettering advised that could be done. 27. Chunko advised that then, when Kettering was previously asked if he could subdivide and build and meet current ordinances, the answer should have been yes. 28. Gabriel advised that was correct. 29. Kettering advised that he planned to make all of the homes 2-3 bedroom homes, approximately 1,500 1,600 square feet each. 30. Sterling advised that each lot requires 2 off-street parking spaces. 31. Kettering advised that he is not proposing garages on Lots 3 & Marker questioned how would the fact that a variance was granted for the same thing down the street effect their decision now. 8

9 33. Attorney Kenneff advised that each case is different, and the Board did not need to take that into account. 34. Sterling questioned if there were any variances needed for Lots 5 & Kettering advised that there are no variances needed for Lots 5 & Sterling questioned that if the variances for Lots 3 & 4 were not granted would he continue with the project. 37. Kettering advised that if the variances were not granted he would probably back off. 38. Chunko advised that it is difficult to look at the variances granted to the east on Appletree Alley for the previous Jones and Zink subdivision, because they were 5 large homes on larger sized lots. 39. Chunko advised that it appears Kettering is trying to get as many homes as he can on this plan. 40. Kettering advised that they are meeting all other ordinance requirements, except for the fronting of new lots onto an alley. 41. Leyh questioned the type of structure Kettering is proposing to build. 42. Kettering advised that they are proposing 2-story structures with stone masonry on the façade, with a pitched colonial type look. 43. Leyh questioned what will happen to the existing trees on Lots 5 & Gabriel advised that they would like to save the trees and perhaps move them back. Gabriel further advised that it is their intention to build with their eye on the trees. 45. Steven Moore, 24 N Jacob Street, advised that it appears they are trying to turn 2 existing lots into 6 lots which would make for a high density. Moore advised that he moved to the Borough from the City 3 years ago for more green space. Moore would hope that some kind of buffer installation would be considered if the variance is granted. Moore advised that even though there are 2 off-street parking spaces required and proposed for each lot, there is a shortage of on-street parking spaces on N. Jacob Street. 46. George Vekios, owner of Mosby s Pub advised that he is currently leasing space for off-street parking for his staff. He advised that he asked the Borough if he could construct a stone lot at 220 Mount Joy Street and he was told he had to go through a stormwater permit process. 47. Attorney Kenneff advised that the Board does not make those types of decisions. On a Motion by Sterling and a second by Chunko, statements and the taking of testimony was closed. 9

10 ACTION BY THE BOARD A motion was made by Sterling and seconded by Chunko to deny the application made by Robert Kettering, 3121 Mount Joy Rd., Mount Joy, PA, requesting a Variance of A to allow two lots to be developed fronting an alley located at the Northwest intersection of N. Jacob St. and Appletree Alley. The Motion passed by a 4-0 vote. ADJOURNMENT On a motion by Marker and a second by Chunko, the meeting was adjourned. Respectfully submitted, Adopted this day of, 2014 Stacie Gibbs, Zoning Officer Ned Sterling, Secretary 10