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Zoning Committee News

The zoning committee has been busy attending township zoning board hearings and obtaining updated information on previous applicant requests.

Status updates of some current cases:

Mount Joy Township

3 June 2009: Nobblitte

William & Deborah Nobblitte are requesting a special exception pursuant to section 135.283.E to permit a kennel to be operated at their property at 530 N. Milton Grove Rd., Elizabethtown, PA (Agricultural District), and a variance to the 30 dog limit for the kennel. The applicants are proposing a maximum of 40 dogs.

Following testimony from residents, a continuance for this application has been scheduled for July 1, 2009 at 7:00 pm at the Mount Joy Municipal Bldg on Merts Rd.

Ephrata Township

19 May 2009: John Mark Lapp

A request by John Lapp, 10 Brubaker Rd, Lititz, PA, to increase the size of his kennel to K-5 (500 dogs) was approved with the following conditions:

Providence Township

9 June 2009: Jonas J. Esch

Jonas J. Esch of 170 Truce Road has requested a special exception to operate a dog kennel. The property is zoned agricultural.

The Township Zoning Board approved Esch's kennel after two hours of public comment. The vote was 2 in favor and 1 opposed. The following conditions were imposed:

Colerain Township

8 April 2009: Bennie E. Kauffman

Case No. HB09-02 — Submitted by Bennie E. Kauffman of 358 Bell Road for his property located at 352 Bell Road, Christiana, in the Agriculture (A) District. The applicant sought a Special Exception under the Colerain Twp Zoning Ordinance, as amended, Article V, Section 501.05.A.2 and 501.05.A.6.18, operation of an existing kennel, and a variance of Article IV, Section 6.32.02 to allow the use closer than 500 feet to the property line.

This application was approved with conditions (UAPM was not permitted to present per Colerain Attorney Solicitor Tom Goodman):

Read the Lancaster Intelligencer Journal story about this case here.

Upper Leacock Township

6 April 2009: Elam K. Beiler

Elam K. Beiler applied for a special exception pursuant to Section 201.3.1 and Section 405 of the Township Zoning Ordinance in order to operate a dog kennel on property located at 115 Horseshoe Rd, Leola, PA, in the Agriculture Zone.

This application was approved at the May 4 Zoning Board meeting.

Read the Lancaster Intelligencer Journal story about this case here.

West Cocalico Township

19 March 2009: Eberly

Case 09-03: Homer Z. and Etta J. Eberly, 730 Indiantown Road, Stevens, PA 17578, requested a variance of uses by right and by special exception as stated in Sections 501. and 502., of the West Cocalico Twp Zoning Ordinance to maintain a dog kennel on property located at the above Indiantown Road address.

Cornerstone Kennels — Variance to maintain a breeding dog kennel. Class K-1. Motion carried to grant a variance with limit to six adult dogs and the standard Township zoning ordinance kennel rules.

19 March 2009: Weaver

Case 03-04: Jay Weaver, 645 Swamp Church, Reinholds, PA 17569, requested a special exception pursuant to Sections 602.16 and 2205.37 of the Zoning Ordinance to maintain a breeding kennel on property located at the above Swamp Church Road address. The property is owned by Jay L. & Lois M. Weaver, 645 Swamp Church Road, Reinholds, PA 17569. The proerty is lcoated in the A-2 - Agricultural District.

J & L Pets — Special exception to maintain a breeding dog kennel. Class K-5. Motion carried to approve with conditions:

East Earl Township

20 April 2009: Reuban Z. Martin

Reuban Z. Martin, who resides at 526 Quarry Road, New Holland, PA, requested a special exception pursuant to Article IV Section 403 Paragraphs A, B, and C of the Revised Zoning Ordinance for East Earl Twp. The applicant requested permission to continue an existing kennel. The property is located at 526 Quarry Road, New Holland, (Account Number 200-78922-0-0000) in East Earl Twp, Lancaster County, PA. The property is in an Agriculture (AG) District pursuant to the East Earl Twp zoning map.

William Fisher of the Zoning Hearing Board made the following points after hearing testimony from Mr. Martin:

A motion was made, seconded and carried by the board to deny the request to operate the kennel.

16 March 2009: Irvin H. Zimmerman

Case #576: Irvin H. Zimmerman who resides at 769 Red Run Road, New Holland, PA, requested a special exception pursuant to Article IV, Sections 402 and 403.A of the revised Zoning Ordinance for East Earl Twp (Account Number 20000085--0-0000), Lancaster County, PA. The property is located in the Agricultural (AG) District pursuant to the East Earl Twp Zoning Map.

Sandy Slope Kennel — Special exception to operate an existing kennel. Class K-5. Approved with conditions:

16 March 2009: Ivan Ray Weaver

Case #577: Ivan Ray Weaver who resides at 914 Centerville Rd., New Holland, PA, requested a special exception pursuant to Article IV, Sections 402 and 403.A and Article Xlll Section 24.A to F of the revised Zoning Ordinance for East Earl Twp. The applicant requested permission to operate an existing dog kennel. The property is located at 914 Centerville Rd, New Holland, PA (Account Number 200-54984-0000) in East Earl Twp, Lancaster County, PA. The property is located in an Agriculture (AG) district pursuant to the East Earl Twp Zoning Map.

Special exception to operate an existing dog kennel. Approved with conditions:

16 March 2009: Thomas Martin

Case #578: Thomas Martin who resides at 528 Reading Road, East Earl, PA, requested a special exception pursuant to Article IV Section 403.A and a variance from Article Xlll Section 1301.24.D of the Revised Zoning for East Earl Twp. The applicant requested permission to continue an existing dog kennel. The property is located at 528 Reading Road, East Earl Twp (Account Number 200-52326-0-0000), Lancaster County, PA. The property is located in an Agriculture (AG) District pursuant to the East Earl Twp Zoning Map.

Special exception and a variance to continue an existing dog kennel. Approved with conditions:

Salisbury Township

28 April 2009: Marla T. DellaVecchia

Marla T. DellaVecchia of 176 Springville Road, Kinzer, PA 17535 requested a special exception under Chapter 27 of the Salisbury Twp Code of Ordinances, Part 2, Section 201.3.E to operate a kennel subject to Section 444 and a variance of Section 444.3 to maintain a kennel building within the minimum distance allowed to a property line and a variance of Section 444.6 to maintain a kennel on less than 10 acres. This property is located within the Agricultural District.

This application was approved by the Zoning Board.

28 April 2009: Daniel F. Stoltzfus

Daniel F. Stotzfus of 255 School Lane Road, Gap, PA 17527 requested a special exception under Chapter 27 of the Salisbury Twp Code of Ordinances, Part 2, Section 201.3.E to operate a kennel subject to Section 444 and a variance of Section 444.3 to maintain a kennel building within the minimum distance allowed to a property line and a variance of Section 444.6 to maintain a kennel on less than 10 acres. This property is located within the Agricultural District.

The requested variance was approved despite the fact that

24 February 2009: Beiler

Alvin S. Beiler of 189 Springfield Road, Kinzer, PA 17535 requested a special exception under chapter 27 of the Salisbury Twp Code of Ordinances, Part 2, Section 201.3.E to operate a kennel subject to Section 444 and a variance of Section 444.3 to maintain a kennel building within 45 feet of a property line and a variance of Section 444.6 to maintain a kennel on less than 10 acres. The property is located within the Agricultural District.

The board granted a special exception allowing the kennel a variance to operate on only 3 acres rather than the zoning ordinance rule of 10 acres, and a variance allowing a kennel building 45 feet from the property line instead of the mandated 100 feet.

24 February 2009: Fisher

Jonathan Z. Fisher of 542 Mt. Vernon Road, Gap, PA 17527 requested a special exception under Chapter 27 of the Salisbury Twp Code of Ordinances, Part 2, Section201.3.E to operate a kennel subject to Section 444. This property is located within the Agricultural District.

Applicant has been operating since "'90 or '96 or '97". Applicant was approved with the condition that he follow all aspects of the Dog Law.

East Lampeter Township

26 February 2009: Jesse & Barbara Lapp

The application of Jesse and Barbara Lapp, 74 North Soudersburg Road, Gordonville, PA 17529 was approved, however, the applicants are limited to no more than 85 dogs (including pups). One of the three Twp officers opposed the request!

26 February 2009: Stevie & Sadie Fisher

The application of Stevie and Sadie Fisher, 100 Hartman Bridge Road, Ronks, PA 17572 was approved.

12 February 2009: John & Barbara Stoltzfus

The application of John & Barbara Stoltzfus to operate a breeding kennel at 58-A Witmer Rd, Lancaster was approved by the Zoning Board.

Earl Township

9 March 2009: Hoover

Case No. 09-03. The application of Paul Hoover, 246 Kurtz Road, Ephrata, PA 17522 (represented by Ezra Martin, 488 Frysville Rd, Ephrata, PA 17552), requested a special exception pursuant to Sections 403.E and 1605.N of the Earl Twp Zoning Ordinance to utilize a 16 ft by 40 ft portion of an existing building to operate a dog breeding facility having a maximum of 35 dogs on the property located at the above Kurtz Road address. The property is owned by Paul M. and Susan H. Hoover, 246 Kurtz Road, Epharata, PA 17522. The property is located in the AG- Agriculture District.

After a brief recess to discuss the case, the Twp attorney Robert Cysco stated that the Zoning ordinances say that the outside runs need to have an "impervious floor". To the Hoovers, then, he addressed the question, "Do you agree to that?" Ezra Martin responded again (per earlier testimony) that it was a "country floor".

Mr. Cysco said, "OK Board, if you look at this positively, a motion can be made to approve for a special exception with testimony and plans presented and with a condition: applicant must install an impervious floor surface in the outside exercise area." The Hoovers were given no time limit to complete this condition.

Motion carried to approve the kennel.

9 February 2009: Eberly

The request of Suzanne L. Eberly for an exception to use an existing building to operate a dog breeding facility at 145 Fairmount Rd., Ephrata, PA was approved without conditions.

Brecknock Township

20 January 2009: Nevin Martin

The application of Nevin Martin was approved on conditions:

Sadsbury Township

19 February 2009: Amos S. Stoltzfus

19 February 2009: David W. Stoltzfus

Both of the above applications were approved by the Zoning Board.

Mount Joy Township

19 February 2009: Hershey

The application of James and Shirley Hershey to expand their kennel located at 338 Sunnyburn Rd. was approved. All zoning requirements were met and an 18 month extension was granted. Applicants are waiting for permits. They have three small breed dogs.

West Hempfield Township

10 February 2009: Kreider

Gerald Kreider, 1750 Kinderhook Rd., Columbia, PA requested a variance to section 301.2.A (Permitted Use) to allow a kennel on his property, zoned Rural Agriculture.

A motion was made to accept and it passed with conditions:

Rapho Township

6 January 2009: Joel and Kenneth Frey

The application for a special exception to operate a dog kennel at 679 N. Erisman Road, Mount Joy, PA. 17522 was approved with conditions: