IN THE MATTER OF THE

1. The Applicant/Owner is Earl L. Shoemaker of 1027 Holly Ridge Lane, Harrisburg, West Hanover Township, Dauphin County, Pennsylvania 17112-9417.

2. The subject property is located east of North Fairville Avenue along Holly Ridge Lane, a private right-of-way.

3. The tax parcel number for the subject property is 68-015-001.

4. The subject property is located in the Rural Residential (RR) zoning district.

5. The subject property has 70.01 feet frontage on the north of Holly Ridge Lane, and 41.95 feet frontage on the west of Holly Ridge Lane as depicted on the Plan of property of Earl L. Shoemaker submitted as Exhibit No. 1.

6. The property consists of .9741 acres and is 136.44 feet wide at its northern end and approximately 159 feet wide at its southern end.

7. Applicant/Owner bought the property in 1970 at which time it was improved with a dwelling located approximately 135 feet north of Holly Ridge Lane.

8. After acquiring the property, Applicant/Owner built his own home which was completed in 1972 and he has lived there continuously since that time.

9. The subject property is on the slope of the mountain and to its north the land is mountainous and wooded and the subject property itself is mostly woodland with the exception of the buildings and driveway which are depicted on Exhibit No. 1 by blackening the areas thereof.

10. To the west of the original dwelling is a three car garage which was constructed in approximately 1975.

11. The well is located to the north of the three car garage. Extending from the north side of Holly Ridge Lane to the garage is the stone driveway.

12. The home which was completed by Applicant/Owner in 1972 is located in front of the original dwelling approximately 30 feet west of the eastern property line of the subject property and approximately 90 feet north of the right-of-way of Holly Ridge Lane.

13. To the south of the home constructed in 1972 and east of the driveway is the old septic system.

14. To the west of the driveway is the on-site septic system which is in use at this time.

15. A perennial stream runs generally parallel to the western line of the subject property to the west of the three car garage, driveway and on-site septic system.

16. A second stream traverses the property, entering at the northern property line approximately 30 feet east of the northeast corner of the lot and running in a generally southeast direction behind the original dwelling to the eastern property line of the subject property continuing along that property line under Holly Ridge Lane into a pond on adjoining property owned by Erwin L. and Mildred M. Bower.

17. Also depicted on Exhibit No. 1 at the southwestern portion of the property is a 30 feet by 40 feet accessory building, which is 6 feet from the southern property line in the area west of Holly Ridge Lane and 6 feet from the right-of-way of Holly Ridge Lane itself.

18. The only access to the subject property is over Holly Ridge Lane, a 25 feet right-of-way private drive which joins with North Fairville Avenue to the southwest.

19. Holly Ridge Lane serves three properties in addition to the subject property and is not a public road.

20. The property adjoining to the west is owned by James B. and Judith A. Pearson and is improved with a residence and has access directly to North Fairville Avenue.

21. The accessory building on Pearson’s property is in front of the principal building.

22. The property to the south is owned by William H. and Marianne C. White and is improved with a residence. Their access is off of Holly Ridge Lane.

23. The property to the east is owned by Erwin L. and Mildred M. Bower and is improved with a residence and a pond which is south of Holly Ridge Lane into which the stream which traverses the subject property to the west flows.

24. The property elevation increases approximately 6 to 8 feet from the front to the rear, or from south to north.

25. An accessory building cannot be constructed to the north of the principal building because of the location of the well, the stream, and the difficulty in gaining access from Holly Ridge Lane through wooded areas.

26. The accessory building cannot be built to the east of the principal building because structures are not permitted within 25 feet of a perennial stream under the Zoning Ordinance provisions for the Wetland Protection Overlay District.

27. Similarly, the accessory building cannot be constructed to the west of the driveway and garage because no buildings are permitted within 25 feet of the perennial stream which flows parallel to the western line of the property in accordance with the Zoning Ordinance provisions for the Wetland Protection Overlay District.

28. Applicant needs the 30 feet by 40 feet accessory building to store his tractor and implements which he uses to maintain Holly Ridge Road for all the property owners.

29. Applicant also intends to store his two antique vehicles within the accessory building.

30. The tractor, its implements, and the two antique vehicles are presently kept outside.

31. The private right-of-way known as Holly Ridge Lane has existed since at least 1960 and is depicted on a plan from that date which was admitted into evidence.

32. The accessory building is already partially constructed and is a steel component building erected upon a concrete foundation and slab.

33. Applicant/Owner was told by the company which sold him the building that he did not need a permit in that it was a removable building. Accordingly, Applicant/Owner failed to contact the Township with regard to building and/or zoning requirements.

34. Applicant intends to remove the original dwelling after completion of the accessory building.

35. Applicant also intends to construct a recreation room of approximately 30 by 50 feet between the house and the three car garage.

36. Applicant specifically agreed that if the requested variance were granted that he would not construct any additional accessory buildings or expand existing accessory buildings and would be limited to expansion of the principal building with the proposed 30 feet by 50 feet addition and that he would have one calendar year within which to remove the original dwelling.

37. No one appeared at the hearing held on January 10, 2002 in opposition to the requested variance.

38. One of the owners to the property to the west, Judith A. Pearson, appeared and testified in favor of Applicant/Owner’s request for a variance.

39. Notice of the public hearing held on January 10, 2002 was properly advertised, notice was posted at the municipal building, the subject property was properly posted and all adjoining property owners were notified by certified mail.

40.

CONCLUSIONS

1. Section 195.95.A(1) of the Zoning Ordinance provides that on a lot of 2 acres or less an accessory building shall not be located in front of the principal building.

2. Section 195-199 of the Zoning Ordinance and Section 910.2 of the Pennsylvania Municipalities Planning Code allow the Zoning Hearing Board to act on requests for variances and to grant such requests under certain conditions of hardship and may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance.

3. A requested variance to permit construction of the accessory building in front of the principal building is necessary to enable the reasonable use of the subject property due to the physical conditions and restraints on the subject property.

5. Due to the wooded condition of the property the location of on-site septic system and well, and the restrictions of the Wetland Protection Overlay District, there is no other location on the subject property where the accessory building could be located.

6. The variance, if authorized, would not alter the essential character of the neighborhood nor substantially or permanently impair the appropriate use or development of adjacent property nor would it be detrimental to the public welfare.

7. The variance as requested, with the reasonable conditions attached to which Applicant has specifically agreed, represent a minimum variance that would afford relief and represents the least modification possible for the regulation in issue.

8. With respect to the requested variance, it is reasonable to attach the following as conditions:

A. No additional accessory buildings shall be constructed on the subject property;

B. There shall be no expansion of existing accessory buildings;

C. Expansion of the principal building is limited to the proposed 30 feet by 50 feet recreation room connecting the principal building to the three car garage; and

D. The original dwelling building shall be removed from the property within one calendar year from the date of this Decision.

DECISION

In view of the foregoing findings and conclusions, and in view of the evidence and testimony presented to the Zoning Hearing Board, it is the Decision of the Board that the requested variance be and is hereby GRANTED permitting Applicant to construct the 30 feet by 40 feet accessory building in front of the principal building as depicted on the drawing marked as Exhibit No. 1, subject to the following conditions:

A. No additional accessory buildings shall be constructed on the subject property;

B. There shall be no expansion of existing accessory buildings;

C. Expansion of the principal building is limited to the proposed 30 feet by 50 feet recreation room connecting the principal building to the three car garage; and

D. The original dwelling building shall be removed from the property within one calendar year from the date of this Decision.

DATE: WEST HANOVER TOWNSHIP ZONING HEARING BOARD

Ruth C. Shields

Norma J. Gruber

DISSENT: Neil R. Shatto