IN THE MATTER OF THE

1. The Applicant/Owner is Joseph H. Tesche! who with his wife, Joan D. Tesche! are the owners of the property located at 7737 Fishing Creek Valley Road, Harrisburg, West Hanover Township, Dauphin County, Pennsylvania 17112.

2. The subject property is located approximately one-half mile east of Mumma Road.

3. The tax parcel number for the subject property is 68-005-043.

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

5. The subject property has approximately 162 feet of frontage on Fishing Creek Valley Road.

6. The property consists of 43,521 square feet, approximately one acre.

7. The Applicant/Owners purchased the property and constructed a single-family residence on it in 1972.

8. The single-family residence included a small one car garage, but because of its narrow width is not used for that purpose but rather for other living and storage purposes.

9. Applicant proposes to construct a 30 feet by 24 feet two car garage and workshop in front of the single-family residence.

10. The proposed two car garage would be 62 feet from Fishing Creek Valley Road and would meet the side yard set back requirements.

11. Applicant proposed locating the two car garage at the location in front of the single-family dwelling to avoid the excessive excavation which would be needed in the steep slopes near the house if it were located in a side yard.

12. He also chose the proposed location because the blacktop driveway already has a 20 feet by 20 feet blacktop extension which would serve as the entrance to the proposed two car garage, thereby avoiding installation of additional impervious surface to access the garage if it were located no closer to the street than the single-family dwelling.

13. Although the two car garage could be located to the right of the house and be in compliance with the ordinance, such location would require additional blacktop, removal of an existing fence and would disrupt the established vegetation in that area.

14. Notice of the public hearing held on February 14, 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.

15. No one appeared at the hearing in opposition to the requested variance.

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 existing physical conditions and restraints on the subject property.

5. Due to the presence of an existing blacktop pad which would serve as the access to the proposed garage, there would be less impervious surface resulting from locating the garage at the proposed location than if it were located in strict conformity with the Zoning Ordinance.

6. Locating the two car garage in conformance with the Zoning Ordinance would entail substantial excavation and disruption of established vegetation and would require removal of an existing fence.

7. 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.

8. 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.

9. 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. The proposed accessory building shall be constructed with vinyl siding and a shingle roof;

C. The accessory building shall not be used for human habitation or the housing of animals; and

D. Reference to this variance and the conditions shall be included in Applicant/Owners’ Deed.

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 by 24 feet accessory building in front of the principal building as depicted on the drawing submitted with his application, subject to the following conditions:

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

B. The proposed accessory building shall be constructed with vinyl siding and a shingle roof;

C. The accessory building shall not be used for human habitation or the housing of animals; and

D. Reference to this variance and the conditions shall be included in Applicant/Owners’ Deed.

DATE: WEST HANOVER TOWNSHIP ZONING HEARING BOARD

Ruth C. Shields

Norma J. Gruber

DISSENT: Linda L. Turns