Planning Commission - Regular Meeting

I'd like to call this session to order, please. Can I have a roll call, please? Sorry. Chairperson Preston here. Vice Chair Haynes here. Member Brwell here. Member present. Member Buny here. here. [Music] Can you all please stand for the pledge? [Music]

I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Can I have a motion to approve the minutes from January 29, 2025? I'll move to approve the minutes from Can I get a second? I'll second. All those in favor? I I motion passes. Can I have a verification that the properties were posted and the meeting was advertised for this evening? It was.

Okay. Jazelle, want to take over the hearing announcements?

Yes. Is this on? It doesn't seem green. No. Ah, there we are. Okay. Sorry. Okay. My name is Jos Clearary. I am the solicitor for the zoning hearing board. There are three hearings on the agenda this evening and all three of them will be considered in accordance with the procedure that I am going to outline now. I am not going to outline the procedure at the beginning of each hearing. All of the hearings will be conducted in a manner required by a state law called the Pennsylvania Municipalities Planning Code. The first item of business for each hearing will be to determine the parties to the hearing. The applicant is a party to the hearing. By state law, the bureau is a party to the hearing whether or not the bureau chooses to actively participate in the hearing. In accordance with burough pl zoning hearing board procedure, if the burough planning commission sends a representative, the zoning hearing board recognizes the burough planning commission as a party. Other persons can seek to be recognized as parties. You do not have to be recognized as a party if all you wish to do is present evidence to the zoning hearing board or to ask questions of witnesses.

If you wish to preserve your right to file an appeal to the Lancaster County Court of Common, please from whatever the decision is in the hearing, then you must request to be recognized as a party because only parties have the right to file an appeal. In order for the board to recognize a person as a party to a hearing, the person has to have what's known as standing. That is an interest in that particular hearing that is different from the interest of all people in seeing that other people comply with the zoning ordinance. Generally, if you live in the immediate vicinity of the property that is the subject of the application or own land in the immediate vicinity, you would have standing to be recognized as a party. After all of the parties to a hearing are determined, then the applicant will have the opportunity to present evidence in support of the application. Each witness testifying for an applicant has to be sworn or affirmed. The members of the board or I may ask questions for clarification. Other parties can crossexamine the applicant's witnesses and people in the audience will also be given an

opportunity to ask questions of those witnesses. After all of the applicants witnesses have testified, if there are any other actively participating parties to that hearing, those parties will be given the opportunity to present their evidence. Those witnesses will have to be sworn or affirmed, can be cross-examined by the applicant. Members of the board or I may ask questions for clarification and then they can be questioned by other persons as well. After all of the parties have presented their testimony, then any other person in the audience who wishes to make a statement will be given the opportunity to do so. Such persons must also be sworn or affirmed and can be questioned in the same manner as any other witness. After all of the evidence is presented, the board can adopt a motion to close the record on the hearing. Under state law, the zoning hearing board has 45 days from the close of testimony to render a decision. The board may render a decision this evening either with or without holding an executive session for quasi judicial deliberation or the board may take the matter under

advisement and render a decision at another public meeting held within 45 days of the close of testimony. All parties will get a copy of a written decision after it is issued. There is a court reporter present at the hearing. State law requires that the zoning hearing board keep a stenographic record of its proceedings. In order that the court reporter can do her job, only one person should speak at a time. So, please wait until you're recognized before speaking. The first time you speak, you will have to identify yourself. Please spell your name, no matter how simple you think your name is. After all, an is spelled ann. And we would like you to spell your name so the record will be complete and accurate. Please also wait until a person finishes speaking if you're asking or answering a question so that you're not talking over someone else and making the court reporter's job more difficult. Does anyone have any questions concerning the procedure that will be followed in each of the three hearings as I have explained it?

Let the record show that no person had any questions concerning the procedure that the board will follow in each of the three hearings. The first hearing is the application of Anthony Mateo, Mato, for property identified as 50 North 4th Street owned by Burmar. B U R M A R Real Estate LLC. Is there anyone present representing the applicant? The applicant is identified as Anthony Matteo. All right. Are you Mr. Mateo? Is there anyone who wishes to be recognized as a party to this hearing other than the burrow which is a party automatically by law

and what is her name?

Can you spell that? Is there anyone else who wishes to be recognized as a party to the application relating to 50 North 4th Street? Okay, seeing none, the parties to this application are Anthony Mateo and Christa Mateo and the burrow. Mr. Mateo, if you are going to be presenting evidence, you have to be sworn or affirmed and you need to go to the podium and use the microphone. [Music] I do. [Music] Um, so I think the only evidence that I do have is already in the package of why we're trying to use the the place.

Can you speak into the microphone, please? Thank you. Can you hear me?

Okay, cool. Um, so I think everything that I have should be in the packets already that that we gave on on uh why we want to utilize the u the facility and um to use it as a a place of worship um yeah to use it as a place of worship um in 50 north uh 4th Street. We we believe that uh we can be a a great um a great help to to to Colombia and the community and that's why we're here to you know to serve uh Colombia. [Music] For the record, you are saying that your testimony consists of your application, which is the completed burrow form.

Yes. And there was a permit application for uh approval that was denied based on not having zoning approval and a series of photographs. Yes. And that is your entire case?

Yes. the the bureau is a party. Does the burrow wish to ask the applicant any questions? And for the record, please identify yourself. Uh, we do. Uh, my name is Steve Coffold. I'm the Columbia Burough Manager. So, Mr. Matteo, uh quick question. How many uh off street parking spaces are available currently? Currently, right now?

Yes. During the time we've have we're having our service currently. Currently on the lot. On the lot. Um I'm going to say on the side I think there's like three or four. Okay. Yeah. So, are are you aware um or let me ask you another question. How many people do you propose to be in the church at say a service or something like that like seating areas? Well, um right now it's like altogether we have maybe like 15 and everyone that we have it's in between in walking distance because they live in Colombia.

Okay. So So you're looking at like a congregation at any one given time at around 15 seats is what you're looking somewhere around there. Yeah. Okay. um kind of what the burrow I believe is concerned with a couple things, but one of the things with the parking, just to let you know, um the spaces that you currently have available now, if it was a non if it was a conforming lot, the the um boarding house above would need 12 parking spaces, right?

Okay. And then you would be looking in this case in here you would need one parking space for every five congregate people. So you would be looking at having a total of 15 parking spaces at which point you have four. So the burrow kind of takes exception to that. Um also do you know the square footage of your lot? And I guess my question, my line of questioning is do you know what is required of you in order to have this at this particular location?

Yes, I I believe it's like around 6,000 square feet I think it is. And I think what's required is like 2500 or thousand I think it was. Yeah, you have uh 6,970 square feet and and your requirement is 20,000 square feet. So you are approximately 28% of your square footage that's needed as well. With all those um with with those two major considerations in here and a a regular meeting that we had as a public meeting last night,

council actually was a six to one in opposition of this particular spot. Um, some of their concerns and some of their reasons were just what I spelled out here. Other ones were the fact that we do have places of worship that are vacant within the burrow. So, we have other opportunities and other spaces for this to happen. So, um, I think that's all for my question this morning. Thank you. Um, if I may, you presented some testimony as to what council did. I think he needs to be sworn or affirmed. So that testimony is part of the record.

Okay. So can you do that?

And Mr. Mateo, um, you were asked a question about a boarding house. Is there the the manager asked about the boarding house above? What can you describe exactly what is on the property? Um, I'm guessing it's a hotel upstairs. I'm not sure what it is. I'm just trying to rent the bottom part. Okay. You're not the owner. You're just a renter. Yes. And when you say how many stories does this building have? Um, it has I believe it's three.

Yeah. And you're going to rent the first floor? The first floor? Yes. And you don't know what's on the second or third floor? I know what's on the second floor. It's like a hotel slashrooming. So, they're like people that um rent rooms in there. Do you know what's on the third floor?

Same thing. It's all the same thing. Are all the restrooms separate from the boarding house? Yes.

As far as second floor, sir, third floor. Um, just to clarify, um, you're only renting the first floor spot. Yes. And um do you know who would be uh is there going to be another renter? No, just just just me and my wife. I'm sorry, sir. Just me and my wife is the And yeah. Oh, so you and your wife are going to live upstairs. No, we don't we're not living anywhere there. We're just renting downstairs. You're just renting downstairs? Yes.

But you're and you're renting it. But the your landlord Yeah, I who who is the property owner? There's two different names as property owners. You know, Bernell Burke Holder and then you have peaceful home management. We we went through peaceful home management, but Bernell is the actual owner of the house. I guess he's using them to rent rent out the place. And who is peaceful home management then? I guess that's a property manage. I guess that's the people he used to rent out the the place. And who are you going through to rent this? The peaceful homes. Okay. Yeah. [Music] So, you're almost a third party.

Yeah. Since peaceful is in there, too. Yeah. We're We we pay Peaceful Homes basically, I guess. And they per they pay Bernell. Yes. And how many days of worship are you planning to have? We have uh Sunday which is uh from 10 uh 10:30 to like 12 or 12:30 and then we have Wednesday night uh Bible studies. What about extracurricular activities like ladies groups, men's groups, kids groups?

Those um well at first we we're starting to um to grow and so as we grow then we have those coming up too as well. And so we're still small and so um as we grow then we start to implement those too as well. Yeah. Would that all be on a Sunday and Wednesday or would that go into other

days? It probably be maybe like a Thursday night. Um yeah like a Thursday night then during the weekends like Saturday mornings maybe breakfastes. Uh we also plan to do like like giveaways too as well like to the community give out food and stuff like that too. For clarification, are you already operating on the property? No. No, I'm not. No. Okay. Cuz you're talking about we are we are we are I'm talking like in future, you know. Yeah. That's I'm not That's a plan. That was just So, where does your church currently meet? Right now, we currently meet at my home.

Okay. Yes. Sorry, I didn't cut you off. Did I cut your questions off? I'm sorry. [Music]

I'm gonna say around a hundred. Yeah. Can you tell me a little bit about your background? Like how did you become a pastor? Yes. Um,

um, I moved to Colombia in 2002. Um, I came out here uh, for my kids and everything. My kids went to Colombia. All of them went to the school. Um, I have two sons. They play football at Colombia. Um, I kind of went a wrong route during 2008. uh used to sell drugs in Colombia all all around. And in 2015, I went to prison for like five years. And in there is where uh is is where God came into my life basically. I didn't I didn't look for him. He came to where I was at basically. And um so I was dead all um I studied um went to school in there. uh did a lot of reading going and and when I got out um I kept it going. You know what I mean? I told myself that I'm going to I'm going to do what God asked me to do and it was Colombia as well because uh I did a whole lot you know to be messing around out here. So I feel like back to Colombia as well. And so I became a a pastor in 20 214 it was. Yeah. 2024. Um we are part of a um another church which is called Legacy in in Lancaster. So we're we're part part of them and um they had released us to start a church and I'm here now. Uh uh so yeah, I believe that God called me to be a pastor. Um so yeah,

thank you. What made you pick this property for your site?

It's in the center. Um uh I believe me personally, I believe it's it's a God thing. It's in the center. It's in the middle of everything. Um, not only that, but from what I'm hearing, even the place itself, um, there's a lot of stuff going on there, and we believe that we can go in there and turn it around. And so, we we know, um, I I just feel like it's a it's it's it's where God wants wants us to be at the at the point in time. And before this evening, were you aware that there were other properties available that are already or can serve as a communal space?

No, because we have been looking we have been looking in in Colombia in the areas that we have not we've I' I've known that until I've heard it earlier. So, you didn't reach out to the burrow, talk to them, reach out to any of the merchants in town. I was trying to talk um so there was another place I think down on second maybe where it used to be a old Menanite church there okay by the trinity I was I called here and they told me to call Lancaster so calling around to see like what can I do but I really didn't get any answers so but you didn't reach out to our burough manager or

come to council Any other questions?

Do you have any more? No. Do you guys have any questions? Is Is there anyone in the audience who has any questions for this witness? Let the record show no one in the audience had any questions. Does the applicant have any other witnesses he wishes to present? Does the bureau wish to provide any testimony beyond that which was already provided?

I do not. Is there anyone in the audience not recognized as a party who wishes to make a statement to the board concerning this application? Let the record show that no one Okay. If you If you wish to speak, you need to be sworn or affirmed and state your name for the record. And you need to go up to the microphone.

Yes. And state and spell your name. Name is Christa. C H R I S T A. CEO and give your test

and about the looking we have but we also have to consider what and a lot of those places are very expensive and this place was perfect within our budget as well. So that was another reason that we did choose this place. Um, and we just want to come out here and be an asset to the community like my husband said. We want to do donations. We want to have giveaways. Um, we have connections with a hope which they give you um, food so that you can give it out to families. There's we have so many plans that we want to come in and just help Colombia. We already go to the cesa nursing home and we visit them twice a month. We do service with them on Sundays and we do um outreach on Saturdays. So, we'll pray with them, we'll sing, we'll um dance, whatever it is. We're going to do bingo soon. So, we've already been in Columbia just trying to be as useful as we can. So, we just really want that building to come in here and be even more of a use um and just help the community. I mean, we know there's people out there that are on drugs or struggling or homeless and be used by God to set people free. Is that your what you want to present?

Yes. Is there anyone in the audience who has any questions for this witness? Let the record show there were none. Does the burrow have any questions for this witness? No, we do not. Do the members of the board have any questions for this witness? I do not.

I do not. It sounds therefore like the board has heard all of the testimony for this application unless the applicant wishes to present more testimony. Okay. Seeing no more testimony, it would be appropriate for there to be a motion to close the record. Is there a motion to close the record? I second. No, I asked for the motion. I'll move to close the record. Okay. All those in favor? I. Motion carries to close the record.

And then now the board has the options now of deliberating publicly, deliberating in an executive session or taking the matter under advisement and going on to the next application. Is there any motions for the next process? I motion to have an executive session. Okay. So, I have a motion to go to executive session. Everyone okay with that? Yes.

All right. Let's head on back. [Music] Yes, sir.

[Music] Sorry. [Music]

[Music] Rock. He's watching. [Music] I understand. I personally have no doubt you can make um the problem is speaking to your husband it's all states that [Music] what you as you have change of so it goes from

tattoo to house worship. It's a change of use. Now, if we went by the letter of the book, that change of use would require you to have 16 off street parking spaces because you guys were actually shut down. [Music] So, so there's there's different things [Music] Go. [Music] [Music] Look at it. [Music] Gotcha. Thank you.

[Music] [Music] [Music] That's [Music] [Music] Truly That's it. I guess [Music]

[Music] Okay. [Music] Okay. I'm going to move to make a motion. I move to deny the request for a variance from section 220-30.830A of the zoning ordinance requiring a minimum lot area of 20,000 square ft for a house of worship and having denied such variance deny this application for a special exception under section 220-30. A30 to establish a house of worship on the first floor of the structure at 50 North 4th Street. Do I have a second to the motion? I'll second

all those. Can I have a roll call, please, for the motion? Member. Yes. Member Z. Yes. Member. Yes. Vice Chair Hayes. Yes. Chair. Yes. Motion carries to deny.

I Yes. I do recommend that you speak with our burough council or our burough manager in your quest and and search for other properties. [Music] Okay, the next application is for 27 South 5th Street. That is the application of John Real for a special exception to convert an existing nonresidential principal building or use into one or more dwelling units. Is the applicant present?

Yes. Is there any person other than the burrow who is a party by law who wishes to be recognized as a party to this application? Yes, sir. Your name? John. Your last name? You're the applicant. Then who are you that said you were present? I'm the one that got the letter. It's in my name. Who are you? I'm Michael Young. My name is up on that board for a little while.

Okay. You who owns the property? I'm the mortgage or he's a mortgage E. Who is the record owner of the property when the tax tax is me? Michael M I C H A E L Young Y O U N G is the deed in the name of Michael Young.

Yes. Is there anyone in the audience other than the applicant who wishes to be recognized as a party to this hearing? Let the record show that no person wished to be recognized as a party to the hearing. So the only parties to the hearing are the applicant and the burrow. If the applicant wishes to present evidence, whoever presents evidence must be sworn or affirmed.

Okay. Can I sit back down then? If you are going to present evidence, you need to be sworn affirmed and stay there. If you are not going to present evidence, then you do not have to be sworn or affirmed. I'm only here because I got the letter of my name.

If you wish to present evidence, Mr. Real, you must be sworn affirmed. [Music] I do. Please present your case.

Sure. So, I had uh purchased this property from Mick Young, and I'm making installment installment plans or installment payments to him every month. And we had a commercial unit downstairs. It was a tattoo parlor. The guy had moved out last uh maybe October. So, we put it up uh as a commercial like to rent it out. Did it through the property manager and we hadn't gotten any calls. So, now we'd like to see if there'd be a possibility of turning it into a multif family or into residence. There's already three uh units that we are renting out that are so we consider it like a multif family. We'd like to add this one to it if we could. That's what we're looking to do. To clarify, when you say there are three units, are you talking about three residential apartments? Yeah, it would be split out on 27 and 29 North Fifth Street.

Aren't separate properties? Yeah. What they are, they'd be considered two units each. Yes. What is the property that you are making the application for? 27 downstairs. And what is on 27? Excuse me. What is on 27? What's the current condition of the property? What is it? The current condition of it. What is it? Retails. Oh, it's a multif family. It's It's rental.

Okay. Yeah. Let's Let's go back here. 27 is a separate and distinct property with a separate and distinct tax account number. Correct. Correct. Yes. What is on that separate and distinct property? What is on in terms of structure? What is on in terms of number of units? What is on in terms of parking?

So, it's two units, an upstairs and a downstairs. And the parking is on the street. The downstairs was the tap 2 parlor, the commercial unit, and that's the one that we're looking to we would like to turn it into multi- family unit instead of commercial because uh we had it out trying to get a commercial residence in like for a store or whatever office and we just haven't been getting any calls. When you say you want to turn it into multifamily, are you saying you want to have one dwelling unit downstairs, two dwelling units downstairs, three dwelling units down? Mr. Young, you said you weren't going to present testimony. shouting

shouting from the audience is not testimony that the zoning hearing board can consider. The applicant has the burden to present testimony. Can you explain exactly what you are proposing for the first floor and exactly what exists on the second floor?

So the first floor we would like to turn it into one bedroom, kitchen and a bathroom. And the second floor is a I would have to ask Michael Young. I believe it's a onebedroom. I think you can't ask okay people if so I don't have it for certain but I do have a set of drawings here I could open up and look you are you are the applicant it is it is your burden to present evidence if you wish to not present evidence then you don't have to and the board will render its decision on the evidence or lack thereof presented

okay to the best of my knowledge it's a one-bedroom room on the upstairs. Could be a two-bedroom. I'm not 100% on that.

What is your relationship with this property? What will you actually do with it? Um, I'm just using it as like a uh rental property. So, you're renting it from Mr. Young. Yeah. And then our plan is to uh purchase it from him outright. Um so it's like a lease to own.

It is. Yeah. We were going to do it um we had it set up to do it like a year or so ago, but with the interest rates so high, we decided to let it as is because him and I have a very good relationship. He's helped me out with a number of properties here in uh Colombia. So that's how I got to know him and had a good relationship with him all the time. And we're only talking about renovating 27. So 29 has nothing to do with this hearing. Correct.

And um to go back to 27 um you said that there is an apartment above that, a residential apartment above that. And then you want to put first floor apartment in in the uh the retail was the real retail space. Am I correct? Correct.

And what uh what kind of rooms are you going to put in? A living room, kitchen, dining room. So, we were going to put in a kitchen, a living room, bathroom, and a bedroom. On your application, it says you're also going to add a fire escape window in the bedroom. Is that the first unit or the second unit on the second floor? Uh, that's on the first floor. Okay.

Does the second floor have escape means too for egress? Um they would have access Yeah. outside the back and also they can come down the hall in the inside. Okay. They would have two way to escape. That is correct. We would need to put an escape window in the bedroom because the windows that are there, there's two there, but they're too small. You need to keep your voice up. Okay. So, basically, you're changing a crime. One residential unit.

Correct. Is there backyard space? Um, not much. Maybe 10 by 10, something like that with the steps going down. Do you know the square feet of both first and second floors? I don't know exact, but I'm going to say maybe right around 800 for each floor. Each floor. And is the upstairs a oneb or two bedroom? Uh, that's a question I'm not sure if I can answer. I'm going to say it's a one, but I'm not 100%. It could be a two. It's going to be laid out like bottom floor. Uh, it's going to be laid out a little bit different than the bottom floor.

And I get back to question about parking. How much parking do you have there for these rentals? So, there's a parking spot right outside along the street. All the parking right now is along the street. So, there was a tattoo parlor there. He used to park there and then he'd have customers that would come. Maybe one one or two customers at a time. I'm not sure where they all parked, but yeah, I'm looking at maybe one parking spot right outside the door. Possibly two. You mean on street parking though? Not providing street for parking. Correct. on street. So, you're not providing any parking? No.

In your denied application, you have listed here change wall for two bedrooms. That's the denied application. On the current application, you did not specify how many bedrooms you're planning to put in on this new unit. Is it one or is it two? So, I wasn't 100% sure. I thought maybe I would talk to John if I would be allowed to uh use this. I would talk to John to see if we could use two bedrooms. If not, I would do one. Who's John? Is he the zoning officer? The guy I talked to out here? Did I have his name wrong? I'm not sure. One of the guys I was back. I wasn't sure who we were talking about. Okay. He's a zoning officer.

So, you're still not sure? Right. I Well, you're testifying, not me. I'm asking you questions. Um, so you are saying here that it could be one or two bedrooms now. Yeah, if I would if the township would allow me to do to do two bedrooms, I would see if we can make it work. But you're asking for a variance right now with us and you're still not prepared. Okay. So, I would just go with the onebedroom then. That's okay.

Do we have any more questions from our board? Do you have any questions for the burrow? I have u no questions just a a statement from the bureau. Well, that's not the time for this. So, we have to finish up with the applicant and then So, I'm assuming that if you get approved, you're going to have 29 is still two unit. Do you know how many bedrooms are in each of those? So, the upstairs is one or two bedrooms. Okay.

And you're purchasing this property. You're purchasing 27 and 29. And you don't know what your property consists of that you're leasing to own? I have it I have it in paperwork right here. Are you familiar with our burough laws and regulations that you must follow as a landlord? As far as I know, I am. Yeah. To the best of my knowledge. I would suggest that you look that up. Okay. So you're saying you have two rentals of 29. You want to make 27 two rentals or three rentals? Two. It's four. Two of four. Yes.

Do you are you taking care of your your property as far as maintenance and all that or who does all that? Uh I have a property manager that does it. Smoker Property Management. They help us out with our properties here. And you were located in Powerfield, correct? And you have other properties here in Colia? I do. Yes. Any more questions?

Um, is this uh going to be under your name or maybe an LLC corporation? It would be under an LLC after I purchased it outright from Michael Young. So a question about you said you couldn't rent the commercial space out um management and try and get commercial tenants in there.

Correct. And it didn't work out with them.

It didn't. Um I mean So the story on it is with the commercial space the insurance is a lot higher. So we had to ask a decent amount. The insurance is quite a bit higher than what it would be multi. And because of that we were asking a little bit higher as well. It was probably $800. Yeah. Maybe more. Eight to $1,200 more per year because it's commercial. What is the first retail space? The condition of it. Does it need renovation or

Yeah, the inside would need some renovation to turn it. So, as is what's the condition? It was a tattoo parlor, right? And we went and took out some of the walls that he had in. He had like little divider walls in. So, right now it's just an open unit. So, it's an just an open space right now. It is. Yeah. And in the back, there's two separate rooms in the back. So, that's why I kind of like I didn't know if I'm allowed to do one bedroom or two bedrooms back there.

Okay. So, then the the downstairs stairs that you're proposing then will have possibly two bedrooms, but you're not sure or one bedroom. I mean, if I have to make a decision tonight and it makes a difference, I'd say one bedroom. But two bedrooms rent better. They're a little easier to rent. Okay. And there is a bathroom and there is kitchen and a living dining room or there's no kitchen. There is a bathroom and we were going to move the bathroom space because it was right inside the door. And there is there going to be a kitchen though? We would need to put a kitchen in.

Okay. in that specific area on the first floor. That was the tattoo part. Correct. [Music]

Any more questions? Going for the third time. Okay. Does the applicant have any other witnesses to present? [Music] I do not.

Is there anyone in the audience who has questions for this witness? Okay. Then it would be appropriate for the bureau to present its testimony. So the biggest issue with what the bureau sees in this is we're going to be turning this into a multi-unit in one way on Fifth Street with limited parking to begin with and we're going to require four parking spaces for what the gentleman was asking for. So that is an issue with the just pertaining to address.

It's all Does the applicant have any questions for the burough manager? Uh, not as of now. I do not. Does anyone in the audience have any questions for the burrow manager? Please, you have to state your name and yes, it would be good for you to speak into the microphone. If you're asking questions, no. If you think you're going to present testimony, you need to be sworn or affirmed. But you said you didn't want to present. If I just get worn in

as far as the parking uh when you're looking at the two buildings, it's uh 27. This is time to you had your chance to present testimony. If you have a question for the burough manager, that's where we're at now.

Okay. My question is the house is on Laxra Avenue. their backyards come to Fifth Street and uh their parking is out front limited. So, the parking spaces to the left of 27 look like there's like five of them. And then the other side of the street goes up to the brick uh little park. And uh I've had the building for had the building for 25 years. He's had it for five and uh anytime I ever went down there to work on it in the 25 years I was there, I never had a problem.

Mr. G, do you have a question? My question is there you go. Good. My question is, has anybody been up to look and see the situation? So, I was just up there today. Okay. But you you see what I'm talking about. I I I totally Okay. Okay. If I could just elaborate on what you were asking me in there. Um, we're here specifically for 27, not for the surrounding areas. That's what we're actually looking at today. My question is about parking. Yes. And if you're talking about parking, you got to talk about the surrounding area. That's where the parking is.

The surrounding area isn't changing their variance though. 27 is

Yeah. The uh the zoning code for a rental property requires you to have two off street parking spaces per rental unit. Okay. In this case, you would be having two rental units. Therefore, zoning requires you to have four offer was something that was a commercial property. I would have to look at this point. Is there anyone in the audience who wishes to present testimony to the board? Let the record show no one in the audience wish to present testimony to the board. Does the applicant have any further testimony?

No. be appropriate for a motion to close the Do I have a motion to close the record? I move to close the record. All right. I have a motion and I have a second. Yes. All those in favor? I. Motion carries to close the record. Are we ready to make a ruling? Do you want to have an executive session? Do you want to um postpone days?

Okay. Anyways, [Music]

Yeah, Someone [Music] One second.

Thank you.

Come on. Serious. [Music] Do I have a motion on the floor? I move to deny the application of John Reel for a special exception to convert the first

floor of the structure at 27 South Fifth Street into a dwelling unit for failure to present evidence of compliance with applicable requirements including section 220-30. A14 24. Do I have a 14? Do I have a second for the motion? Can I have a roll call for the vote, please? [Music] Chairperson Preston. Yes. Vice Chair Haynes, yes. Member, yes. Member, yes. Yes.

Motion carries to deny. Okay, there is one more hearing this evening and that is the application concerning 51 Locust Street and it is the applicant of Chantel Wilch comb.

That's it. Okay, I'm feeling good. Um, and for the record, does the court reporter have the application or should I spell it? Okay. Is there any person other than the bureau that wishes to be recognized as a party to this application? Uh my property manager is here as well. Well, if she's with you, she doesn't need to be a party. Okay. Okay. So, do you wish to be sworn or affirmed and present your testimony? Yes.

Yes. Good evening. Good evening.

Okay. So, I'm looking to have a home that myself and my husband recently purchased to be used as a short-term rental. Um, it's not freestanding of the neighboring home, which is 519 Locust Street. Um, so we're looking to use it 30% of the time for our family. So, it's my husband's family, my sister, um, and my mother and father have been coming down to visit and the rest of the time we're looking to rent it out. Um, so I'll just kind of walk through some of the information I provided in the application. Um, so the first one is the the zoning hearing piece. Um, the second part is adjustments to the rental application and then the next part is just kind of my letter where I'm talking about, you know, what the intentions are of the property. Um, so I'm originally from New York and I've visited Lancaster County since I was a kid. Um, so when myself and my husband went to purchase the property, you know, it was pretty intentful. Um, we came down, we like the neighborhood. Um, it's close to a lot of things and a lot of areas that I'm frequented um, from childhood. Um, and it's a place where I wanted to, you know, bring my my family as well. So I have two young kids. I have a son and a daughter. One is 10 months, one is three years old. and we love coming out here. Um, so we come out at least four times a year along with, you know, my sister and other parts of our family and we said, "Hey, you know, we kind of all did it together." Um, so I am the property holder. Uh, but my family, we all kind of um worked on purchasing the property together. Um, so in in the letter, you know, I'm just kind of detailing what our intentions are. Um, I do have a local property manager that helps me to upkeep the property. Um, so the outside of the property, inside of the property, there's a listing company that I work

with to that would that I would work with to list the property um to be rented. It's called Evolve and they list it on multiple platforms um to have it rented out. Um, we do have rules for guest counts. Um, we do have rules for occupancy. Um, no parties or events would be held in the home. Um, you know, we wanted to be a family home obviously. Um, the way I decorated the home and put the home together was really, you know, for my family and for other families to be able to come to the home instead of having to stay in a hotel. Um, and we know there's plenty of things to do in the neighborhood for families as well. Um the second part of it is um I think just a photos of the home and how it looks so you guys can you know see you know what I'm actually doing.

The next part is I um was trying to reach out to the neighbor which is 519 um which I think is currently under an LLC and there's another party in ownership. Um I tried to reach out to that person a couple of ways. So, I sent um a couple of certified letters again detailing what where our intentions were with the property to kind of get I'm assuming permission is what I what we're looking for. Um I didn't hear back. I also tried via email. Um and I didn't hear back from them either. So, at bare minimum, I would say they know this is happening. Um you know, I left my name, I left my email address, I left my mailing address. you know, if they wanted to kind of voice any concerns that, you know, they would have. Um, and I just I haven't heard back. So, uh, that's what happened with that. Okay. Yeah.

I don't think there was anybody in that homely. It's currently That's right. Yes. It recently was for sale because I think initially we've been down here quite a bit. Um, there was nothing and then I think we just recently came and saw a for sale sign. What's the duration of those for each test? So the I know the maximum I think someone can stay is 30 days. Um and the minimum I have the booking for will be set to two nights. And um parking

there's two spots in the back of the And uh do you have those parking spots? Yes, they're in front. Yeah, street parking street. Do you know the capacity that you would have in the household? Maximum will be six. Six. And how many bedrooms? There's three bedrooms. And that includes children, correct?

It does. Yeah. So, the property manager manager would act as a host. So, handling anything that the guests would need in real time would be for the property manager or anything. I guess that gets out of hand as well. And how quickly can they respond? Karen, how quickly can you respond? No, you can't ask her.

Well, if you want to call her as a witness and have her sworn affirm, you can do that. Okay. and spell your name and state your name obviously. My name is Karen Travers. K A R E N T R A V E R S. I I question. How quickly can you respond if there's an issue? Can you go this property? Probably 35 minutes. 35 35 minutes max. 35 minutes.

It depend. It actually depends where we are. A lot of times we're out here. We have other properties that are in Marietta, Mount Joy. There's a couple in York. We're a lot in Palmyra and that area out there in Hershey. So, we could be here probably 30 minutes. Okay. Um, you said you're from Palmyra. No, I actually live in Dillsburg. Dillsburg. We have about 30 different properties that we handle for the Airbnb short-term rentals. I see. We handle the cleaning, the yard, the maintenance, the yard work. Um, with our packages, we for the properties that we handle full service, we put cameras in, one out front, one in the back.

We also use the minute device. I don't know if you're familiar with that.

It's like a smoke alarm. You install it in the ceiling. It picks up the noise. helps us to know whether there's a loud party going off or it also does the cell phone count. It counts your cell phones and computers to let us know how many people are in the home. So, we set it to a certain maximum. Every property has different amount of people that are allowed in. So, hers would be six. So, it would be set to that. Anything say eight or 10 people would come in, we would get pings on our phones to let us know there is multiple people. then we would check the cameras to make sure that there is no party going on or anything like that. Um, and we don't have haven't had any kind of problems with that

with the short-term rentals. Um, 99% of the time things are very good. A lot of people come in just to visit their families or part brings a lot of of people in as well. Um for the um the short-term rental aspect, uh are you going to what would be the maximum number of persons that you would rent to on a short-term basis? I mean, guess I guess they call them the maximum

six. Yeah. Chantel, did you advertise your property before before? Yeah. Yeah. I saw I thought I saw it online somewhere. Yeah. So, it was on It's still on Airbnb. Yeah.

Airbnb. I did a good job advertising it. Pictures was beautiful. um for the record so that the record would be complete. There are requirements for short shortterm rentals at section 220-30A48, excuse me. And you are requesting a variance that it be in a detached dwelling to allow it in an attached structure. Correct.

Minimum of two off- streetet parking spaces shall be provided. And you have two off- streetet parking spaces. Will you register annually and comply with the bureau's residential rental registration and inspection requirements? Yes.

Will you comply with any state, federal, county, or local laws? No persons other than the members of the entity renting the short-term rental shall be allowed on the premises during the period of occupancy. No planned personal or business events shall be held at the short-term rental. Do you agree?

Use of recreational vehicles, campers, or tents for occupancy is prohibited. Do you agree? No overnight guests other than members of the entity rep uh renting the facility. Do you agree? Occupancy shall be limited to no more than two persons per designated bedroom. Do you agree?

No pets other than service animals will be allowed. uh property shall be cleaned and made deficiencyfree following each occupancy. Following each occupancy, the property shall be inspected by the owner or agent before reoccupancy. Before each new occupancy, the property owner or agents shall email or fax the bureau of Colombia a list of the number of tenants contracted to occupy the dwelling. A knockbox shall be installed in an approved manner and contain all keys to the property. Will you do that?

Yes. Okay. Uh property shall be supplied with a basic first aid kit and the contact information for the owner or manager, trash and recycling information and a list of local emergency contacts. Will you have that in the dwelling? Yes. Thank you. Would you be opposed if we put a special exception into this with sometimes we host historic tours or we celebrate things throughout our town. Would you, if you were asked, would you think about the idea of being on a historic tour for the for your property? Okay.

Um, have you already run this? So I did it twice before I had any more questions. Does the burrow wish to present any evidence?

We do not. Does anyone in the audience wish to ask questions or present testimony? Um, seeing none, um, I I will say that if the bureau grants an application or the zoning hearing board has standard conditions that it imposes, those conditions are that the applicant comply with and adhere to the testimony, that any violation of the conditions is the violation of the zoning ordinance and punishable as such that the conditions are binding on the applicant. Uh, in this case, it would be the co-owner since you said your husband is a joint owner and successor owners of the property. And that uh any renovations, which it doesn't sound like there would be any, would comply with the building code and other applicable regulations. And in accordance with the municipality's planning code, the applicant pay one half of the appearance fee of the court reporter. And since there's no one to present more evidence, it would be appropriate, unless the burough zona hearing board members have more questions to adopt a motion to close the record.

Since there's no more questions, can I get a motion to close the record? A motion to close the record. Do I have a second? Second. All those in favor? I close the record. Do we need executive session? Do we need decision? I would like an executive session.

Okay. All right. that sir.

Good problem. Thank you.

[Music] Yes. So,

[Music] We're going to call us back to order. Do I have a motion on the floor? I'll move to approve the application with conditions as read by the solicitor. Will the solicitor please read the conditions that are added to the variance?

Okay. The conditions are one, the applicant shall maintain the historic integrity of the exterior of the structure. Two, the applicant shall consider participating in the historic tour if asked to do so. Three, the applicant shall comply with the representations made in the letter submitted as part of the application to the zoning hearing board and the standard conditions that were previously discussed. That the applicant comply with and adhere to the testimony that a violation of the conditions is a violation of the zoning ordinance and punishable as such. that the conditions are binding on the applicant, the co-owner and successor owners of the property and that the applicant in accordance with the municipalities planning code reimburse the burrow for one half of the appearance fee of the court reporter.

Do I have a second to the motion? Can I have a roll call, please? Chairperson Preston. Yes. Vice Chairs, yes. Member, yes. Member, yes. Member, yes. Motion carries. Welcome. Do we have any other business this evening to discuss? Move to adjourn. Hold on a second. Our next scheduled hearing date is August 27th if we have any applicants that are received before then in the timely manner. And I have a motion on the floor to adjurnn. Do I have a second?

I'll second. All those in favor? And the motion passes to adjurnn. Thank you. Thank you.

Thank you.

Are there any applications for next month? No, ma'am. Tomorrow is the deadline. Oh, you said there's nothing for next month. No, tomorrow is the deadline.