BOARD OF APPEALS
MEETING
April 14, 2008 - 7:00 p.m
Board members present were Nancy Snyder, Audrey Malavite, Louis Grooms, Gerald Werner and Jerry Eibel, presiding. Also present were Trustee, Douglas Baum, Zoning Inspector, Sharon Perrine, Zoning Secretary, Carol Barto and four (4) interested persons.
Mr. Eibel opened the meeting at 7:00 p.m., introducing the Board Members and Hill Court Stenographer, Lisa Elliott. He continued by asking if there were any additions and/or corrections to the previous meeting minutes. No corrections were noted.
Mrs. Barto read the duties of the Board of Zoning Appeals and the legal ad that was published in The Press News, March 20, 2008.
Mr. Eibel asked if Mr. Hoffa was present and asked him to explain his request for a home occupation.
APPEAL #341
Mr. Gabe Hoffa explained that his home would be used as a clerical office and mailing address, with his wife doing the paperwork from his home. His business, Burns Equipment Company, is located in Strasburg and sells new and used parts and equipment to the heavy machinery industry. No machinery or equipment will be stored at the site.
Gerald Werner asked Mr. Hoffa if there would be any traffic from the business. Mr. Hoffa stated no.
Zoning Inspector, Sharon Perrine stated she had previously been assured that the home would be used for paperwork only.
Nancy Snyder inquired about a sign. Mr. Hoffa stated there would be no signs.
Gerald Werner asked if there would be any walk in business. Mr. Hoffa replied that there would be no walk ins.
Audrey Malavite made a motion to approve the conditional use certificate for a home occupation of an office at the residence. Seconded by Louis Grooms.
VOTE: Nancy Snyder, in favor of the home occupation.
Audrey Malavite, in favor of the home occupation.
Louis Grooms, in favor of the home occupation.
Gerald Werner, in favor of the home occupation.
Jerry Eibel, in favor of the home occupation.
Vote was unanimous to approve the home occupation for an clerical office at the resident of Gabe & Robyn Hoffa.
APPEAL #342
Mr. Eibel asked Mr. Brown if he
would explain his request for a 17 foot variance. Attorney Robert Rubin stated he was
representing Mr. Brown. He went on to
explain that the Browns’ owned 70 plus acres and the parcel in application
contained 11 acres and the frontage on
Zoning Inspector, Sharon Perrine provided the Board with photos of the area and also she stated that she had talked to three neighbors and they had no problem with the variance. It was noted that this was the only viable entrance to this property, because of the large soil banks, etc. to the south and east. She also stated that the variance should only be granted if a parcel split was made from the 70 acres for this 11 acre parcel.
Mr. Werner asked to be shown on the map the entrance in question. The Board deliberated.
Louis Grooms made a motion to grant the variance. Jerry Eibel amended motion to state granting variance on the condition the parcel is split from the 70 acre tract. Seconded by Nancy Snyder.
VOTE: Nancy Snyder, in favor of granting 17’ variance with condition 11 acre tract is split from the 70+ acre tract.
Audrey Malavite, in favor of granting 17’ variance with condition 11 acre tract is split from the 70+ acre tract.
Louis Grooms, in favor of granting 17’ variance with condition 11 acre tract is split from the 70+ acre tract.
Gerald Werner, in favor of granting 17’ variance with condition 11 acre tract is split from the 70+ acre tract.
Jerry Eibel, in favor of granting 17’ variance with condition 11 acre tract is split from the 70+ acre tract.
Vote was unanimous to grant 17 foot frontage variance, with condition the 11 acre tract be split from the 70+ acres tract.
OTHER ZONING BUSINESS
Mr. Grooms made the statement that Kimble Limestone (Penn-Ohio Coal Co.) operation on the Howenstine farm was working late hours. He had personally heard them as late as 1:00 a.m. and had heard complaints from other neighbors concerning the same.
Upon checking the file, Zoning Inspector, stated the hours of mining and processing was 5:30 a.m. until 1:00 a.m. Their business hours were limited to 7:30 to 5:00 p.m. She stated she would investigate further both the hours of operation and the dust problem that had been complained about, and if they are in violation, she would take further action.
Jerry Eibel asked when Valley Mining would be concluding their operation on the Soehnlen property. Ms. Perrine stated that would end at the end of the month and also they had obtained a road bond with the County for Downing/Haut Streets.
Nancy Snyder made a motion to adjourn the meeting. Seconded by Gerald Werner. The meeting was adjourned at 7:48 p.m.
Minutes read and
approved:
Nancy Snyder (date)
Audrey Malavite (date)
Louis Grooms (date)
Gerald Werner (date)
Jerry Eibel (date)