IN THE MATTER OF THE

APPLICATION OF RUAN LEASING CO.

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:

:

WEST HANOVER TOWNSHIP

ZONING HEARING BOARD

DOCKET NO. 2003.07

 

DECISION DENYING USE VARIANCE TO PERMIT A

TRUCK MAINTENANCE FACILITY IN THE COMMERCIAL

HIGHWAY (CH) DISTRICT

 

 

            Applicant has requested a use variance from the permitted uses in the Commercial Highway (CH) District to permit a truck maintenance facility use.

 

FINDINGS OF FACT

 

1.         The Applicant is Ruan Leasing Co. of 2725 North Wesleyan Boulevard, Rocky Mount, North Carolina, 27804.

2.         The owner of the subject property is SV Realty of 7429 Allentown Boulevard, Harrisburg, PA, 17112.

3.         The subject property is located at 7385 Allentown Boulevard, West Hanover Township. 

4.         The tax parcel number for the subject property is 68-028-082.

5.         The subject property is located in the Commercial Highway (CH) District.

6.         The Applicant is seeking to use the existing facilities located at the subject property to operate a truck maintenance facility to perform maintenance on trucks owned by the Applicant.

7.         Most of the time the vehicles at the proposed facility would be limited to the tractor but at times the trailer may be brought to the maintenance facility with the tractor.

8.         Almost all of the truck traffic to the proposed facility would come from the Dermody warehouse facility.

9.         The Applicant's employees would pick up the trucks to be serviced from the client's facility, bring them back to the subject property to service them and then deliver them back to the client's facility.

10.       The Applicant proposes to utilize part but not all of the subject property for the proposed truck maintenance facility use.

11.       Notice of the public hearing held on May 8, 2003 was properly advertised, notice was posted at the Municipal Building, the subject property was properly posted and all adjoining property owners were notified of the hearing by certified mail.

 

CONCLUSIONS

 

1.         Article XII of the Zoning Ordinance does not provide that a truck maintenance facility is a permitted use or a use permitted by conditional use in the Commercial Highway (CH) District.

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.         There was no evidence submitted at the public hearing held on May 8, 2003 to establish any unique physical circumstances or conditions peculiar to the subject property which result in unnecessary hardship to the Applicant.

4.         Any hardship to the Applicant would be from the circumstances or conditions generally created by the applicable provisions of the Zoning Ordinance in the Commercial Highway (CH) District in which the subject property is located since the proposed use is not permitted by right or by conditional use.

5.         There was no evidence submitted at the time of the hearing to establish that there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance.

6.         There was no evidence submitted at the time of the hearing to establish that the authorization of a variance would be necessary to enable the reasonable use of the subject property.

7.         Any hardship alleged by the Applicant has been created by the Applicant since its proposal for development of the subject property as a truck maintenance facility in the Commercial Highway (CH) District is not permitted by Article XII of the Zoning Ordinance.

8.         Although the subject property was previously used to perform maintenance and fueling of trucks there was no evidence submitted at the time of the hearing to establish that the proposed use would not alter the essential character of the neighborhood or district in which the subject property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.

9.         The proposed use variance does not represent the least modification possible since the property can be put to other permitted uses.

 

DECISION

 

            In view of the foregoing findings and conclusions and in view of the evidence and testimony presented to the Zoning Hearing Board, the requested use variance from Section 195-56 of the Zoning Ordinance is DENIED.

 

DATE:                                                                        WEST HANOVER TOWNSHIP ZONING                                                                                       HEARING BOARD                                                  

                                                                                   

 

                                                                                                                                                 

                                                                        Linda L. Turns

                                                                                                                                   

                                                                                               

                                                                                                                                                                                                           

                                                                        George O. Kline

 

 

                                                                                                                                                                                                           

                                                                        Beth Carricato

Voted to approve:

 

 

                                                           

Norma J. Gruber

 

 

                                                                                             

Mary Ann Yahn