A Lower Towamensing Township man wants to operate a concrete contractor business from his home.
Jason Phillips will go before the township's Zoning Hearing Board at 7 p.m. on April 24, in search of a variance/special exception to conduct the business at 1645 Little Gap Road as a home occupation in an Industrial zoning district.
The variance/special exception would permit the storage of business equipment and products outside of the building; the display of products to be visible from adjoining properties or street; noise and dust which will be perceptible at or beyond the lot boundaries; and to conduct a home occupation out of an accessory structure.
The request was previously denied by township zoning officer Duane Dellecker.
In his rejection letter, dated Feb. 14, Dellecker stated a section of the township's zoning ordinance prohibits the storage of materials or products related to the home occupation from being stored outside of buildings.
Further, Dellecker stated in his letter that the letter of intent by Phillips indicates that vehicles, trailers, concrete forms, lumber and rebar will be stored on the property. However, a section of the township's zoning ordinance prohibits the display of products related to the home occupation from being visible from adjoining properties or streets.
Also, Dellecker stated that certain provisions are proposed by Phillips in order to prevent visibility from adjoining properties and streets. Pictures and diagrams should be presented to the zoning hearing board in order to determine compliance with this section.
Dellecker also stated that another section of the township's zoning ordinance prohibits noise and dust, among other things, from being perceptible at or beyond the lot boundaries.
"Due to the nature of a contractor business, you should be prepared to explain details of your proposed operation and how you will comply with this section of the regulations," he said.
In addition, Dellecker stated that another section of the township's zoning ordinance required home occupations be incidental or secondary to the use of the property as a residence, and limits them to those occupations customarily conducted within a dwelling unit.
"Your letter of intent indicates the main use of the property will continue to be residential," he said. "However, a contractor business is not considered to be a type of home occupation that is customarily conducted within a dwelling unit."
Lastly, Dellecker stated that another section of the township's zoning ordinance requires a home occupation to be conducted within a dwelling unit, provided that by special exception of the zoning hearing board, may permit the home occupation subject to such controls they deem necessary.
"Your letter of intent indicates you plan to conduct parts of this home occupation out of a storage shed and proposed detached garage," he said.
Due to the aforementioned reasons, Dellecker said the request by Phillips could not be approved at that point in time.
Last month, zoners grant a request by resident David Christman for a variance and special exception to operate the business at his home at 3224 Fireline Road.
However, as part of their ruling, the zoners attached a number of conditions for Christman to adhere to.