MINUTES OFTHE May 20, 2024  HANOVER BOROUGH ZONING HEARING BOARD MEETING  The meeting of the Hanover Borough Zoning Board convened at 6:06 PM on Monday May 20, 2024 in the Hanover Municipal Building, 44 Frederick St, Hanover, PA, as Attendance: In attendance were Zoning Hearing Board Members Bond and Shirk; Zoning Solicitor Senft; Staff Members Secretary Felix, Administrative Assistant Graham- Herrick and Zoning/ChiefCodes: Officer Miller; and Stenographer Zepp. Alternate Funk 751 George Street: Applicant Philip Redding was present along with Counsel Samuel  advertised.  arrived at 6:121 PM.  Gates.  Secretary Felix read the following Statement of the Secretary:  "An application requesting an appeal of the Zoning Officer's Determination was submitted on February 9, 2024 by Philip Redding, 230 Stock Street, Hanover, PA for the property located at 751 George Street, Hanover, PA. The applicant is appealing the Zoning Officer's determination that he lacked authority to make a determination with respect to the legal effect of restrictions upon future development contained in a 2014 Zoning Hearing Board. Decision and related Land Development Plan per Article III, Section 140-303ofthe Hanover Borough Zoning Ordinance. The property is located in the Mu-Mixed Use Zoning District. A public hearing was scheduled for Monday, May 20, 2024 at 6:00 PM and was Property owners within 200 feet of the subject property have also received notification by mail forwarded from this office on May 7, 2024. Proper posting of  properly advertised on May 5, 2024 and. May 12, 2024.  the property giving notification ofhearing has been certified.  Signed Dorothy C. Felix, Secretary, Zoning Hearing Board."  Attorney Gates noted that Attorney Williams filed a motion to dismiss, and Attorney Gates supported this endeavor. The issue was the validity of the prohibition of future development on the 2014 Zoning Board decision. Attorney Gates stated that the applicant is withdrawing their appeal since he believes that the Board did not have authority to make the prohibition of future development a condition of approval. The only way to move forward is to file a declaratory judgment action in the Court of Common Pleas. In essence, the applicant must now sue the Borough and the Zoning Hearing Board.    Minutes ofthe Hanover. Borough. Zoning. Hearing Board  May 20, 2024 Page: 2  Attorney Gates asked that the $400 application fee for tonight's proposed hearing be Attorney Senft noted that in light of Mr. Redding's withdrawal of the application, there isr no need for any public comment on this hearing as there is no testimony being taken. Resignation of Chairman Zartman: It was moved by Mr. Shirk, seconded by Mr. Bond to accept the resignation or Chairman James L. Zartman. Motion carried.  refunded to the applicant.  Election of Officers:  Mr. Shirk nominated Mr. Bond for Chairman of the Hanover Borough Zoning Hearing Mr. Funk nominated Mr. Shirk for Vice-Chairman of the Hanover Borough Zoning The Board unanimously voted to appoint Mr. Bond as Chairman of the Hanover Borough Zoning Hearing Board and Mr. Shirk as Vice-Chairman of the Hanover Borough Zoning Approval of Minutes: It wasi moved by Mr. Shirk, seconded by Mr. Funk to approve the minutes of the Zoning Hearing Board Meeting held on April 15, 2024. Motion carried. 41 and 43 McAllister Street: Applicant Mr. Jordan Ilyes was present along with Counsel Solicitor Senft asked anyone who would like to enter as party status for this case to be sworn in by Stenographer Zepp. Darlene Funk, 232 Locust Street, Hanover, PA 17331 requested to enter as party status and was sworn in by Stenographer Zepp to testify for the hearing. Solicitor Senft asked Ms. Funk how this request directly impacts her property or her personal well-being. Ms. Funk responded that the project would impact parking for her when visiting her constituents and that it would cause traffic problems. Solicitor Senft called a short recess at 6:15 PM. The meeting reconvened at 6:33 PM and Solicitor Senft asked Attorney Frey if he feels Ms. Funk meets the legal description to enter party status. Attorney Frey indicated that Ms. Funk's request to be heard as party status does not meet the requirements according to the Municipalities Planning Code since she is not in close proximity to the property. It was: moved by Mr. Shirk, seconded by Mr. Funk to deny party status to Mrs. Funk for this application. Mr. Funk thanked Mrs. Funk for her  Board.  Hearing Board.  Hearing Board.  Jeremy Frey.  passion and desire to serve her community. Motion carried.    Minutes ofthe Hanover. Borough Zoning. Hearing. Board  May: 20, 2024 Page3  Attorney Senft noted that Attorney Kurt Williams is present and designated as aj party to  the Borough.  Secretary Felix: read the following Statement of the Secretary:  "A variance application for maximum density was submitted on April 23, 2024 by Jordan Ilyes and Ilyes Holdings 9, LLC, 5 Codorun Lane, York, PA, 17408 for the property located at 41 and 43 McAllister Street, Hanover, PA. The applicant is requesting a variance for relief from maximum density per. Article II, Section 140- 302(D) of the Hanover Borough Zoning Ordinance. The property is located in the A public hearing was scheduled for Monday, May 20, 2024 at 6:00 PM and was Property owners within 200 feet of the subject property have also received notification by mail forvarded from this office on May 1, 2024. Proper posting of  R-5High Density Residential Zoning District.  properly advertised on May 5, 2024 and May 12, 2024.  the property giving notification ofhearing has been certified.  Signed Dorothy C. Felix, Secretary, Zoning Hearing Board."  Applicant Mr. Ilyes was sworn in by Stenographer Zepp to give testimony, along with Attorney Frey called Mr. Ilyes to testify on behalf of the variance request. Mr. Ilyes indicated that has completed reconstruction of the McAllister Hotel on York Street and the Greer's Burger Garage at 108 East Chestnut Street, both of which have increased property values in thei neighborhoods. Mr. Ilyes testified that he has received support in the past for his projects and hopes to continue a good working relationship with the Borough. The current property is vacant, noting that it was the original Utz Potato Chip factory where the first "Grandma Utz" chips were made. The existing structure is located at 41 McAllister Street with an existing parking lot at 43 McAllister Street. Mr. Ilyes proposes to purchase both lots for this project, which will allow for ample parking per the current Borough Zoning Ordinance. The proposed project is for a loft apartment concept. The applicant is proposing to construct 12 one-bedroom units with attached garages which would enable 2 parking spaces per unit, satisfying the parking  those citizens present who may wish to testify.  requirement of the ordinance.  Attorney Frey presented the following exhibits for the Applicant:  Exhibit A: First Floor Preliminary Site Plan Exhibit B: Second Floor Preliminary Site Plan  Exhibit C: 41-43 McAllister Street Preliminary Overall Site Plan/Parking Area    Minutes ofthe Hanover, Borough. Zoning Hearing Board  May: 20, 2024 Page 4  Exhibit D: 41 McAllister Street 10 Units Proforma Cost Analysis Exhibit E: 41 McAllister Street 8 Units Proforma Cost Analysis When questioned by Attorney Frey, Mr. Ilyes testified as follows:  41 McAllister Street is currently a vacant blocked warehouse building. The building was the original Utz Potato Chip warehouse.  431 McAllister Street is a parking area for the existing structure at 41 McAllister The intention is to take the most rundown building in an area and redevelop it  Street.  intol high end apartments. Lowest rent would be $1400.  Thej properties would be loft apartments with attached garages.  There are 25 existing on-site parking spaces.  The proposed parking area complies with the Zoning Ordinance. There are 2 spaces designated for each of 12 proposed units, with one extra for possible  dumpster placement.  Mr. Anthony Funk, 232 Locust Street: Mr. Funk asked Mr. Ilyes to describe what the space above the garage will be used for. Mr. Ilyes replied that the space above the garage will be where the roofi isl located. The garages have firewalls and willl be fully sprinklered. At the request of] Mr. Frey, Mr. Ilyes elaborated on Exhibits D. and E, regarding proforma Mr. Ilyes stated that the existing structure will be converted to a multi-family dwelling that was previously approved for a special exception by the Zoning Hearing Board in February 2024. His proposal for tonight's hearing is for a dimensional variance request to allow 12 residential units. The Zoning Ordinance allows for 8 units without the dimensional variance at 41 McAllister Street. The combined lots of 41 and 43 McAllister Street allow for 10.12 units under the ordinance. The first floor building square footage is 9,300 square feet that comprises the entire lot. The current building is a pre-existing non- conforming structure that does not comply with zoning setbacks, since it was built prior to the establishment of the Zoning Ordinance. The Ordinance notes in Section 140.302.D  The existing building does not have any fire suppression system.  calculations for 8 and 10 units.    Minutes ofthe Hanover. Borough Zoning. Hearing Board  May: 20, 2024 Pages  that for an R-5 District the maximum lot coverage is 45%. Mr. Ilyes explained that based on his proforma calculations, he would be unable to obtain financing for 8 to 10 units. This hardship was not created by the applicant thus Mr. Ilyes feels justified ins seeking the dimensional variance since he is unable to obtaining financing for the project unless it contains a minimum of12 units. Mr. Ilyes stated that he will provide a fire suppression system that will serve toi increase the property value and safety in the neighborhood. The proposed use will not alter the character of the neighborhood. The applicant stated that his request for 12 units is a deminimis request that will make the project viable. In comparison, if thel building were on a conforming lot (which it isn not), the applicant would Attorney Frey further explained the applicant's proforma calculation. The 2 properties have been used and deeded together for several years. Attorney Frey referenced the Hertzberg" case which allows for thei inclusion of financial hardship and reasonable use of the property to be considered in a dimensional variance request. Mr. Ilyes indicated Borough's Counsel Kurt Williams addressed Mr. Ilyes and asked him to explain the hardship of obtaining a reverse subdivision to combine the properties into one parcel. On behalf of Mr. Ilyes, Attorney Frey explained that a reverse subdivision would be unnecessary since the parcels are under common ownership and will be developed together. If the Board sO desires, a condition could be placed on the approval, for Mr. Shirk asked about the requirements of the dumpster for this site. The applicant indicated that the location of the dumpster would be in the parking area. Mr. Funk addressed the applicant and asked how thei impact of this project would change Chief Codes Officer/Zoning Officer Miller was sworn in by Stenographer Zepp. He indicated that the use of the alleyway could not be blocked. The alleyway would have to be used to gain access to the parking area and to the dumpster. The dumpster pad area Mr. Bond asked if there was space enough in the alley for ai fire truck or a trash truck, and there was discussion on the width of the existing alley, noting that the applicant would Zoning Officer Miller asked Mr. Ilyes about the proposed fire detection system in the units. Mr. Ilyes indicated that the project would include a fully wired fire protection  be allowed to construct 13 units per the current ordinance.  each of the 12 units will consist of1 bedroom.  prohibition of sale of either parcel separately.  the current alley.  should be configured prior to the start of the project.  not be making any changes to the alley.    Minutes ofthe Hanover Borough. Zoning Hearing Board  May 20, 2024 Page 6  system which would be connected to the Borough's Gamewell system and Knoxbox system. Solicitor Shultis asked Mr. Ilyes about the reverse subdivision and he deferred to Counselor Mr. Frey who replied that the applicant would agree to apply for a reverse Public Comment: Solicitor Senft asked fort those wishing to comment to stand up and be sworn in at the same time. All public comments will be limited to 2 minutes. Mr. Eugene Lockard, 27 McAllister Street: Mr. Lockard expressed concerns about the property of this proposed project being in close proximity to the schools and expressed Cheryl Warner, 35 McAllister Street: Ms. Warner presented a petition indicating there Attorney Frey stated that he was in favor of rejecting the submission of the petition due Solicitor Senft indicated that the petition is not something that can be accepted by the Zoning Hearing Board. If citizens wish to oppose a project, they should be present at the Andrea Hutton 232 Baltimore Street: Ms. Hutton stated that she would like the issue of snow removal to be addressed with the proposed project indicating that the alley is already tight, and there are drainage issues. Additionally, the alley is one-way, and she wants to know if anyone will be addressing traffic patterns. Ms. Hutton also questioned where the dumpster for this project will be placed and how many parking spaces it will Steve Hutton 232 E Baltimore Street: Mr. Hutton encouraged the Zoning Hearing Board Anthony Funk, 232 Locust Street: Mr. Funk asked the Zoning Hearing Board to ensure Darlene Funk, 232 Locust Street: Mrs. Funk felt that the applicant was creating his own hardship by not proceeding with the 8 units that were previously approved. Attorney Frey addressed the Zoning Hearing Board and noted that thel hardship wasi not self-created, and the approval would provide much needed improvements to the property and existing neighborhood. The Supreme Court of Pennsylvania has voiced its support of dimensional variances in many decisions and calls for reason in zoning board  subdivision ifi it was found to be legally necessary.  concern of anticipated congestion in the existing alley.  are 13 people opposed to this project.  tol hearsay.  hearing to oppose in person.  take up.  tof follow the law when making decisions.  there is handicapped parking on-site as well as a dumpster.    Minutes ofthe. Hanover. Borough. Zoning Hearing Board  May: 20, 2024 Pagez  decisions, citing the Hertzberg case. He noted that if the building is limited to less than 12 units the project is not financially feasible. If the property is limited to 8 to 10 units it would require that additional space tol be used as additional bedrooms, which will force the occupancy to bel higher than allowing the 12 units that are solely one bedroom units. Attorney Frey respectfully requested the approval of this application for the dimensional Attorney Williams noted that if a reverse subdivision is not sought, that it would be advisable for the Board to place a condition on the approval to prohibit the sale of the 7:52P PM: The Zoning Hearing Board recessed the hearing for an executive session.  variance.  individual lots.  8:10PM: Chairman Bond reconvened the hearing.  Mr. Funk moved, seconded by Mr. Shirk to approve the application for 41 and 43 McAllister Street for a dimensional variance for relief of maximum density to constructa a 121 unit multi-family dwelling, under Section 140-302(D) of thel Hanover Borough Zoning Ordinance, submitted by Jordon Ilyes, Iyes Holdings, 9 LLC,5 Codorun Lane, York, PA with the condition that the individual properties may not be sold separately. Motion  carried. Public Comment:  Stevie Little, 703 Hemlock Court: Ms. Little addressed the Zoning Hearing Board about the proposed zoning application for the property at 225 Moul Avenue. She would like to see the pond remain there. She stated shei isi notin: favor of the recent increase in approvals Solicitor Senft encouraged Mrs. Littlet to attend the upcoming public hearing for 225 Moul  for multi-family unit developments.  Avenue SO that her comments could be taken into consideration.  Adjournment:  Chairman Bond thanked all for their attendance this evening.  Itwas moved by Mr. Funk, seconded by Mr. Shirk, to adjourn the meeting at 8:191 PM.  Motion carried.  Respectfully submitted, A/A//In Dorothy C. Felix, Secretary Zoning Hearing Board