IN THE MATTER OF THE

APPLICATION OF FRANCESCO RANDAZZO

WEST HANOVER TOWNSHIP

ZONING HEARING BOARD

DOCKET NO. 2003.04

DECISION GRANTING VARIANCES FROM PARKING SET BACK REQUIREMENTS

The Applicant has requested a variance from the development standards of the West Hanover Township Zoning Ordinance which require a ten (10) feet set back area between the parking area and the building and which require that parking spaces be at least eight (8) feet from any lot line. Applicant also has requested a variance from the provisions of the development standards which provide that parking lots shall not be designed to require or encourage vehicles to back into a public street in order to leave the parking area.

FINDINGS OF FACT

1. The Applicant/Owner is Francesco Randazzo who resides at 190 Circle Drive, Harrisburg, PA 17112.

2. The subject property is located at 7800 Allentown Boulevard, Harrisburg, West Hanover Township, Dauphin County, Pennsylvania 17112.

3. The subject property is located at the northeastern quadrant of Allentown Boulevard and Manor Drive intersection.

4. The tax parcel number for the subject property is 68-025-097.

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

6. The subject property has an irregular triangular type shape and is bounded on three sides by public roads.

7. It is bounded on the south by Allentown Boulevard, on the southeast by Manor Drive, and on the north by Holstein Road.

8. The subject property is currently improved with a pizzeria and a dairy store.

9. Applicant had leased the dairy store area but that business has failed and he intends to combine the two buildings and expand his existing pizza parlor thereby providing additional kitchen, food preparation and dinning areas for the restaurant.

10. The combining of the two buildings will require a 1,012 square feet addition to the structures and, as a result of the combined area, an additional nine (9) parking spaces are required in order to comply with the development standards of the Zoning Ordinance.

11. After meetings with the Township Engineer and Planning Commission, Applicant downsized his expansion plans but, even after that downsizing he is required to have an additional seven (7) parking spaces.

12. Due to the configuration of the lot, the only area where additional parking spaces could be placed is to the north of the structures along Holstein Road.

13. However, because of the limited space between the Holstein Road right-of-way and the building, it is impossible to provide an eight (8) foot set back for the parking spaces as well as providing a ten (10) foot set back between the parking spaces and the building.

14. It is possible and Applicant’s professional engineer has designed the parking spaces in such a way that there is a three (3) foot set back between the building and the parking spaces.

15. There is insufficient space to provide an access drive between the parking spaces and Holstein Road, therefore, vehicles will have to back from the parking spaces onto Holstein Road.

16. Applicant proposes to have the parking spaces adjoining Holstein Road to be used by his employees and has agreed to erect signs identifying those spaces as parking for employees only.

17. Holstein Road traffic is minimal, with there being hardly any traffic except at the opening and close of the school day for the elementary school which is located east of the subject property.

18. Two members of the public who live in the neighborhood testified that the traffic on Holstein Road is minimal and that the road goes nowhere except to service the elementary school.

19. The one neighborhood resident has children attending the elementary school and she testified that based on her experience there is traffic on Holstein Road only during arrival and dismissal times, which would not coincide with the opening and closing and busy hours of the pizza parlor.

20. Robert R. Jones, owner of the adjoining property to the east, appeared and expressed his support of the requested variances.

21. The Planning Commission and Township Engineer have not seen the revised plan which proposes to place the seven (7) parking spaces along Holstein Road.

22. Applicant agreed that if the variances were granted, that in addition to the employee parking signs at the parking spaces, he would erect official signs along Holstein Road warning of the parking spaces.

23. Notice of the public hearing held on April 10, 2003 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.

24. There was no opposition to the requested variances.

CONCLUSIONS

1. Section 195-143.B.(1) requires that there be ten (10) feet between the parking space and the commercial building located on the lot.

2. Section 195-143.B.(2) requires that parking spaces be at least eight (8) feet from the property line of the subject property.

3. Section 195-143.C.(1) and E. require that no parking shall be designed to require or encourage vehicles to back into a public street in order to leave the parking area.

4. 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.

5. The requested variances from the three (3) parking development standards is necessary to enable the reasonable use of the subject property by Applicant for the use which is permitted within the Commercial Highway zoning district.

6. Strict adherence to the requirement for the ten (10) feet set back, the eight (8) feet set back of the parking spaces from the property line, and prohibition against backing into a public street would preclude the additional development of the property which requires seven (7) additional parking spaces to be constructed.

7. The subject property is an unusual triangular shape and is bounded on three (3) sides by public roads.

8. Because of the configuration of the lot and the adjoining public roads, there is no space available for the additional seven (7) parking spaces other than to the south of Holstein Road.

9. The variances, if authorized, would not alter the essential character of the neighborhood or district in which the property is located nor would they substantially or permanently impair the appropriate use or development of adjacent property nor would they be detrimental to the public welfare.

10. The variances requested, together with the conditions agreed to by the Applicant to erect employee parking only signs in the parking spaces and warning signs along Holstein Road, represent the minimum variances that would afford relief and represent the least modification possible for the regulations at issue.

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 variances be and are hereby GRANTED specifically granting Applicant permission to maintain a three (3) feet wide set back between the parking spaces along Holstein Road and the building, permitting the parking spaces to adjoin the right-of-way of Holstein Road, and permitting the parking spaces to be designed in such a manner that cars may back onto Holstein Road, subject to the reasonable conditions as specifically agreed by Applicant to place employee parking only signs in the parking spaces and to erect appropriate warning signs along Holstein Road.

DATE: WEST HANOVER TOWNSHIP ZONING HEARING BOARD

Linda L. Turns

Norma J. Gruber

George O. Kline

Beth Carricato