IN THE MATTER OF THE

APPLICATION OF RUAN LEASING CO.

:

:

:

WEST HANOVER TOWNSHIP

ZONING HEARING BOARD

DOCKET NO. 2003.05

 

DECISION DENYING APPEAL FROM ZONING OFFICERS INTERPRETATION

 

 

            Applicant has appealed from the Interpretation of the Zoning Officer that Applicant’s proposed use is a truck stop and not permitted within the Commercial Highway zoning district.

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, West Hanover Township, Pennsylvania 17112.

3.         The subject property is located at 7385 Allentown Boulevard, Harrisburg, West Hanover Township, Dauphin County, Pennsylvania 17112.

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

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

6.         The subject property consists of approximately ten (10) acres of which the owner proposes to lease approximately three (3) acres to the Applicant for its use in performing maintenance, repairs and fueling its trucks which it leases to its customers.

7.         The subject property is improved with a garage type building which was utilized by the prior owner, Waste Management, to perform fleet maintenance on its refuse collection trucks.

8.         The facility was also utilized subsequent to Waste Management by Chambers, which also serviced their refuse collection trucks from that facility.

9.         The Applicant currently has a facility in Etters, Newberry Township, York County, at which it performs maintenance, repairs and fueling of its trucks which it leases to its customers.

10.       Applicant will not be opening its truck servicing to the public, but will perform services solely on its own vehicles.

11.       Applicant indicated it would perform maintenance, repairs and fueling of five to ten trucks per day at the facility.  After the work on a truck is performed it is returned to Applicant’s Lessee.

12.       There are two diesel pumps and tanks located on the subject property and Applicant proposes to use those to fuel the trucks for its Lessees.

13.       The Zoning Officer interpreted the Zoning Ordinance to conclude that the proposed use was a truck stop which is not a permitted use within the Commercial Highway zoning district.

14.       Applicant and the Owner’s representative, Mr. Ron Lawson, argued that the proposed use of the property would more appropriately be classified as a “repair service” which is a permitted use within the Commercial Highway zoning district.

15.       At the hearing, the Zoning Officer indicated that based on the additional information provided, rather than being classified as a truck stop the use would more appropriately be a “motor vehicle garage” or a “motor vehicle service station” which are permitted uses in the Interchange district.

16.       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.

 

CONCLUSIONS

 

1.         A truck stop is defined at Section 195-10 as a building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles.

2.         Repair services is defined in Section 195-10 as building, premises or land in which or upon which a business or industry involving the maintenance, servicing or repair to products is conducted or rendered; establishments primarily engaged in providing assistance, as opposed to products.

3.         The proposed use as described by Applicant and Owner does not fit within the definition of truck stop because the maintenance, repair and fueling of trucks is limited to those vehicles owned by the Applicant, as opposed to performing such services to the public.

4.         Automobile is defined in Section 195-10 of the Zoning Ordinance as a self-propelled, free moving vehicle, primarily for conveyance on a street or roadway, to include vans, passenger cars, station wagons and pickup trucks, but excluding tractor cabs, trailers, dump trucks, and excavating vehicles and equipment.

5.         Motor vehicle is defined in Section 195-10 as a self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.

6.         Accordingly, in reading the definitions of motor vehicle and automobile, although a motor vehicle includes an automobile, the defined term automobile excludes trucks of the type which Applicant leases and proposes to maintain on the subject property.

7.         Automobile garages and service stations are permitted uses within the Commercial Highway district.  However, garages and service stations for the broader defined category of motor vehicles is not listed as a permitted use within the Commercial Highway district.

8.         The Interchange district provides for motor vehicle garages and service stations as permitted uses.

9.         In reviewing the permitted uses within the Commercial Highway and Interchange district, along with the definitions of the terms, it becomes apparent that servicing of tractor trailers and trucks larger than pickup trucks and vans was intended to occur only in the Interchange district, with the servicing and maintaining of automobiles to be permitted in the more restrictive Commercial Highway zoning district.

10.       Although the Board does not find the proposed use to be within the classification of a truck stop, it does not agree with Applicant and Owner’s position that the proposed use is a permitted repair service.

11.       The Board finds that the proposed use as described is within the classification of motor vehicle garage or motor vehicle service station.

 

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 Applicant/Owner’s appeal from the interpretation by the Zoning Officer is hereby DENIED. 


            The Board finds that the proposed use is not classified as a truck stop, but rather a motor vehicle garage or motor vehicle service station.

 

DATE:                                                                        WEST HANOVER TOWNSHIP ZONING                                                                                  HEARING BOARD

                                                                                                                                   

 

                                                                                                                                                                                                           

                                                                        Linda L. Turns

 

 

                                                                                                                                                                                                            

                                                                        George O. Kline

 

 

                                                                                                                                                                                                           

                                                                        Beth Carricato

ABSTAINED:

                               

                          

                                                           

Norma J. Gruber

                                                 


 

                                                           

Mary Ann Yahn