EPHRATA BOROUGH ZONING HEARING BOARD MINUTES April 117,2024  MEMBERS PRESENT: MEMBERS ABSENT: STAFF:  James Kiefer, Glen Mellinger, John Sollenberger, Chad Ochs, Greg  Martin None  Zachary Rineer, Zoning Officer Matt Creme, Solicitor Raymond Danyo, Court Reporter  VISITORS:  Glen Bollinger, Jesse and Ann Balmer, Elizabeth Mashkov, Wendell Hurst  Mr. Kiefer opened the meeting at 7:00 p.m. Mr. Rineer provided confirmation of the following:  The meeting agenda was posted on the Borough's website and at Borough Hall no later than 24 The meeting agenda included a listing ofe each matter of Borough business that will be or may be the subject of deliberation or official action at the meeting. There were no changes made to the meeting agenda after it was posted. The meeting agenda was made available to individuals in attendance at the meeting. There were no requests to add a matter of Borough Business to the meeting agenda. Mr. Mellinger made a motion to approve the March: 20, 2024, minutes. Mr. Ochs seconded the motion Mr. Rineer reviewed the purpose of the amendment to the short-term rental ordinance, and Mr. Creme explained the Supreme Court ruling regarding regulation ofs short-term rental properties and the Mr. Kiefer read the first notice for the purpose of thel hearing as continuation for a Special Exception for as short-term rental. Relief is sought under section 319-27(15) of the Code of the Borough of Ephrata. The subject property is located at 708 E. Main St. in al Residential Medium Density Zoning District. The Mr. Creme requested that Mr. Danyo swear in Mr. Rineer and Mr. Hurst in advance of testimony and then confirmed the Zoning Administrator's posting requirements for thet three hearings. Mr. Hurst stated that he has owned the subject property for nine years and lived there until recently. He would like to generate additional income with the property by providing housing for people displaced by disasters such as fires while their home is under restoration. Mr. Creme asked if he owned or was employed at al business relative to this situation. Mr. Hurst stated that he is employed with Restoration Relief and confirmed that he would know ifs someone needed a short-term dwelling due to restoration services. Mr. Creme noted that the lot was shared with another dwelling. Mr. Hurst stated that over the  hours in advance of the time oft the meeting.  and all voted in favor.  Borough'sSpecial Exception requirement.  applicant and owneri is Wendell Hurst, 160 Fraelich Rd. Denver, PA: 17517.    Zoning Hearing Board April 17,2024  Page12  years he has alternated between the two houses, livingi in one and renting the other. Mr. Hurst confirmed that the property is a single-family, fully equipped dwelling, and that it would be listed asa one-bedroom rental, although there is another small room that could be classified as a bedroom under the construction code. Mr. Hurst confirmed that the propertyi is 1000 square feet of habitable space to be listed as one bedroom, limited to two adults maximum, with an existing parking area to accommodate three parking spaces. Mr. Hurst stated that other than cosmetic improvements, no Mr. Creme asked Mr. Rineer what other codes would be required for compliance. Mr. Rineer replied that a rental permit would be issued and a rental inspection would be performed. Mr. Rineer stated that Mr. Creme asked if Mr. Hurst would accept the condition that the property could not be occupied by Mr. Kiefer asked Mr. Hurst to confirm the number of parking spaces. Mr. Hurst stated there are three parking spaces for each dwelling on the property, with a total of six. Mr. Kiefer asked if this would bei in association with Restoration Relief. Mr. Hurst replied that it is solely his endeavor. Mr. Martin asked what the process would be for vetting the renters. Mr. Hurst was unsure if there would be any legal issues concerning the vetting ifi it was an insurance claim family. Mr. Martin pointed out that in fire situations, the lease would likely be longer than thirty days. Mr. Hurst stated that it is generally between six to eighteen months or longer. Mr. Martin asked what the advantage to a short-term rental is. Mr. Hurst replied that the short-term Mr. Creme pointed out that a condition oft the approval should be that there can only be one rental Mr. Mellinger asked Mr. Creme in consideration of the two-adult maximum, at what age woulda teenager be categorized as an adult. Mr. Creme stated that 18 is considered adult, and under 18isa Mr. Mellinger requested clarification regarding the number of occupants, adults, and children. Mr. Creme stated that in other ordinances by municipalities fora a one-bedroom dwelling, an infant or toddler is allowed to sleepi in the same room with two adults. In this circumstance, there is additional room; therefore, the approval would limit the occupants to two adults 18 years of age or older, and possibly a child. Mr. Rineer confirmed that the property maintenance code allows for more than two Mr. Kiefer asked ifa condition of approval would be to require the 10X10-foot room be made intoa bedroom. Mr. Creme stated that under the testimony presented, the property would be recognized under the applicable codes as a two-bedroom unit, but a condition of approval would provide that it can Mr. Mellinger asked if the unit wasi in the rear andi ifit was one story. Mr. Hurst replied that the unit has  structural changes are necessary.  he hasi inspected this property before with no issues.  more than two adults, and possibly a child. Mr. Hurst confirmed.  rental is more profitable.  contract at at time, short-term or long-term.  child.  people per 1000 square feet.  only be occupied by two adults.    Zoning Hearing Board April 17,2024  Page 13  a door connecting to a garage underneath. Mr. Mellinger asked if anything was stored in the garage and would it be included with the unit. Mr. Hurst stated that it would not bei included and would be used to Mr. Mellinger asked Mr. Rineer if this would be considered a change of use. Mr. Rineer said it would still Mr. Hurst asked if there would be approval for more than two adults in certain situations. Mr. Creme asked if the property would be limited to one family home. Mr. Hurst affirmed. Mr. Kiefer asked what constitutes at family. Mr. Creme stated that at family is unlimited blood, marriage, or adoption; however, iti is limited and the Board has the option by condition to limit it further. He suggested that for the short- term rental, the property would be limited to one family, two adults and two children, and if this proves troublesome int the operation, Mr. Hurst could come back to the Board and ask them to reconsider. Mr. Mr. Martin asked if there was anything in the code that dictates the number of people allowed per square foot. Mr. Rineer explained that the rental ordinance would apply; whereby four unrelated people Mr. Creme stated that property regulations are variable; for example, if this property was on a septic system, it could be regulated by the number of bedrooms, which is why the Borough Council chose to make this a Special Exception, giving the Zoning Board the discretion to look at the particular circumstances. He stated that the property ati this location may be properly limited to four people and not negatively impact the neighbors or general community, but at another property, such as an eight- story high-rise of one-bedroom apartments, four people per unit may not be appropriate. Mr. Martin made a motion to close thet testimony. Mr. Mellinger seconded and all voted in favor. Mr. Creme stated that the standard conditions of Zoning Hearing Board decisions are that the applicant is bound by the testimony and evidence presented and will obtain all of the other necessary permits and Mr. Mellinger made a motion to accept the Special Exception, with the condition that there can only! be one rental contract in place at at time, short-term or long-term, and the long-term tenant cannot sublet the property to a short-term tenant. Mr. Ochs seconded the motion, and the motion passed  store maintenance equipment and would be basically empty.  be considered residential use.  Hurst stated that he understood.  orai family can share one rental property.  approvals that the Borough requires.  unanimously.  Mr. Kiefer stated that the second application is to consider a variance for a minimum side yard setback of less than 81 feet. Relief is sought under section 319-20.A.2of the Code of the Borough of Ephrata. The subject propertyi is a vacant lot next to 30E. Pine St. in al Residential Medium Density zoning district. Mr. Bollinger and Mr. Balmer were sworn in fort testimony. Mr. Bolllinger presented the application description. The vacant loti is 371 feet wide by 1331 feet deep, with current zoning of 8-foot side yards. This would allow a 21-foot-wide house. They are asking for a variance of2f feet on each side, leaving a 6- foot side yard, because with ai first-floor bedroom, an additional 4 feet is required for a door at the rear of the house. Stormwater management requirements impact the depth of design on the lot.  The applicant and owneri is. Jesse Balmer, 301 E. Pine St. Ephrata, PA17522.    Zoning Hearing Board April 17,2024  Page - 14  Mr. Creme stated that they did not need to allow for public water or sewer, but that stormwater is Mr. Creme asked about the property at 30 E. Pine Street. Mr. Balmer stated that he owns the house at 30E. Pine Street. The plan is to move into the new house and either sell or rent their current home. Mr. Creme asked about the property on the other side of the vacant lot. Mr. Balmer replied that itisa single home dwelling. Mr. Creme asked about the setbacks on that lot. Mr. Bollinger stated that he did not know for sure, but doubted it was any more than 8 feet. Applicants confirmed that 6-81 feet Mr. Mellenger asked if there was any fire code issue. Mr. Rineer stated that fire code begins at! 51 feet. Mr. Martin inquired about parking. Mr. Bollinger stated that the two required parking spaces were in Mr. Mellinger made a motion to close the testimony. Mr. Martin seconded and all voted in favor. Mr. Mellinger made a motion to approve the application under section 319-20.A.2 oft the Code of the Borough of Ephrata for the construction of a new house, with standard conditions. Mr. Ochs seconded Mr. Kiefer stated that the third application is for a Special Exception for a short-term rental. Reliefi is sought under section 319-27(15) of the Code of the Borough of Ephrata. The subject property is located at 5W. Main St. in the Central Business District. The applicant is Elizabeth Mashkov, PO Box 13 Ms. Mashkov was sworn in for testimony. She stated that she proposed to rent the unit at 5 W. Main Street from the property owner fori the purpose of making it available as a short-term rental fort two adults and possibly two children. There is one parking space for the unit. Ms. Mashkov proposes to rent Mr. Creme asked how many units are in the building. Ms. Mashkov replied between five and seven, Mr. Creme asked how many parking spaces there are for the entire building. Ms. Mashkov replied that Mr. Creme asked about the size of the unit. Ms. Mashkov stated around 800 or 850 square feet. Mr. Kiefer asked if Ms. Mashkovi is the property owner. She replied that she is not, that she is looking to rent the property from the owner, and then list it on various websites as a short-term rental. The owner Mr. Creme asked Mr. Rineer how this would work for permitting. Mr. Rineer stated that Ms. Mashkov could be the applicant for the rental permit and that both Ms. Mashkov: and the owner would be  required on any new construction of more than 1000 square feet.  separation in the side yard was typical for the neighborhood.  the rear, accessed by the alley.  the motion, and the motion carried by unanimous vote.  Brownstown, PA 17508.  the unit to tourists, visiting families, businesspeople, or medical professionals.  some of which are businesses.  she believes there are seven or eight, with three spaces for the apartment units.  oft the propertya approves and endorses the application.  responsible parties for the property.    Zoning Hearing Board April 17, 2024  Page - 15  Mr. Martin asked how Ms. Mashkov would vet renters for the property. Ms. Mashkov stated that there are things to watch out for. As an example, if someone! local asks to rent, they could be planning to have ap party. Also, on the websites, you can specify an age limit; over 25 years of age is typically more responsible. Mr. Martin asked about animals and Ms. Mashkov stated that she would not allow animals. Mr. Creme pointed out that the various rental website portals provide an additional level of management. They all have rules and standards for renting, the reviews are part ofit, and theyl have the rental agreements, essentially acting as an agent for the operator, in the same way a realtor might in Mr. Martin asked Mr. Rineer which person he would contact for the rental agreement, the owner or Ms. Mashkov. Mr. Rineer stated it could be set up either way; if Ms. Mashkov' is set up as the applicant/agent, she will be the contact person. Ms. Mashkov stated that she wishes to be the point of contact and Mr. Rineer stated that she should be the one to apply for the rental permit. Mr. Mellinger stated that hei is concerned about parking because it is not a designated space and it would be helpful for someone coming from out of town to know exactly where they are going to park. Mr. Creme asked Mr. Rineeri if he had information on how this building handles parking. Mr. Rineer stated that he wasi not familiar with how the parkingi is managed at this building; however, in the Central Business District parking is not required for businesses, only the residential units have requirements.  other circumstances.  Public parking is provided in several areas int the Borough.  Mr. Creme stated that a designated parking space could be a condition of approval.  Mr. Mellinger made a motion to close the testimony. Mr. Martin seconded the motion and all voted in Mr. Martin made ar motion to accept the application with the condition that the parking space be labeled and with standard conditions. Mr. Mellinger seconded the motion and the motion passed  favor.  unanimously.  The meeting adjourned at 8:00 p.m. BRLee Zach Rineer Zoning & Codes Administrator