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Zoning Committee News
Covering Townships Located in Lancaster County, PA

Upcoming Hearings
Please check this page often for announcements of upcoming zoning hearings.


2009 Zoning Activity and Case Status
The zoning committee has been busy attending township zoning board hearings and obtaining updated information on previous applicant requests.

Bart Township

25 February 2010: David S. King / Benuel K. King

David S. King & Benuel K. King of 224 Lamparter Rd, Quarryville applied for a special exception under Section 500.6 to operate a kennel on their property located in the Agricultural District.

One of the applicants said he has 13 adult dogs housed in a 'framed' 12 x 24 shed with 6 x 24 dog runs as a K-2 kennel. There are two large dogs and the rest are smaller breeds.

The kennel was approved with the following conditions:

Brecknock Township

20 January 2009: Nevin Martin

The application of Nevin Martin was approved on conditions:

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.

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.

East Earl Township

21 December 2009: Reuben Z. Martin

Reuben Z. Martin, 526 Quarry Road, New Holland PA, submitted an application for a special exception to Artivle IV Section 403.B and Article XIII Section 24 Paragraphs A, B, & C of the Revised Zoning Ordinance for East Earl Twp. The applicant requested permission to continue operating an existing kennel. The property is located at 526 Quarry Road, New Holland PA (Account Number 200-78922-0-0000) in East Earl Twp, Lancaster County, PA. The property is in the Agricultural (AG) District pursuant to the East Earl Twp zoning map.

The Martins said Meadow Lane is no longer a wholesale business and that they intend to house 25 dogs or fewer at the 526 Quarry Road property. Reuben Martin said he has no intention of applying for a state kennel license, which is required by East Earl's kennel ordinance. William Fisher, Zoning Board Chairman, accused the Martins of "running a stud service" and said the hearing was really a waste of time because the business refuses to get a state kennel license.

The East Earl Zoning Board decided unanimously on Jan. 18 to grant the special exception under the following conditions as outlined in the East Earl ordinances under sections 403 A and 1301.24:

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:

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.

East Petersburg Borough

18 June 2009: P'Awe P'Awe Puppies, LLC

The applicant requested a variance to Section 204.2 (permitted use) for the property at 5984 Main St., East Petersburg, PA. Applicant wants to add pet grooming services to their retail business.

The application was approved.

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:

Mount Joy Township

1 August 2009 (continuance): Nobblitte

William & Deborah Nobblitte requested 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.

This application was approved.

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.

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:

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:

Sadsbury Township

16 July 2009: Jesse B. Kauffman

An application was received from Jesse B. Kauffman, owner of 40 Lower Valley Road, Christiana, PA 17509, for a special exception for a kennel in the A-Agricultural Zone as per Article 2 Section 201.3.2, Article 4 Section 404, and Section 604.3 of the Sadsbury Twp Zoning Ordinances.

The Zoning Hearing Board approved the special exception by a vote of 2 to 1 even though the applicant did not meet the 50 ft setback requirement. No state license has been obtained as of July 17 for this K-1 kennel. The kennel will house 10 to 12 adult Yorkies and English Bulldogs in an 8 x 11 portable building. Applicant plans to spread the dogs' feces on his brother's next door farm fields.

It is noted that a variance was approved without correct procedures — that is, without properly advertising it as called for by PA Municipal Planning Code ordinances.

18 June 2009: Alvin Z. Stoltzfus

Applicant requested permission to operate a kennel in an Agricultural Zone per Article 2 Section 201.3.2, Article 4 Section 404 and Article 604.3 of the Zoning Ordinances.

The application was approved. Applicant's State application is still pending as of July 7, 2009.

19 February 2009: Amos S. Stoltzfus

19 February 2009: David W. Stoltzfus

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

Strasburg Township

13 April 2010

Henry K. and Ida Stoltzfoos applied for a variance to establish a kennel at 350 Sawmill Rd., Strasburg.

This application was unanimously denied by the zoning hearing board for several reasons:

Salisbury Township

25 August 2009: Emanual K. Stoltzfus

Emanual K. Stoltzfus of 5106 Strasburg Rd., Kinzers, PA 17535 requested a modification under Chapter 27 of the Salisbury Twp Code of Ordinances, Part 2, Section 202.3 to allow an expansion of the "footprint area" for accessory buildings at 903 Smyrna Rd., Kinzers, PA. Applicant requested a variance of Section 202.3 to operate a kennel at this address.

This application was approved.

28 April 2009: Marla T. DellaVecchia

Marla T. DellaVecchia of 176 Springville Road, Kinzers, 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, Kinzers, 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.

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:

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: