A request to conduct a group child care center as a home occupation is among two cases that will be heard by the Lower Towamensing Township Zoning Hearing Board when it meets Tuesday.

Heather Pasquariello will go before the zoners at 7 p.m. in search of a variance/special exception to conduct the occupation at 2605 Hahn's Dairy Road, which is located in an R-3 (Residential/Medium Density) Zoning District.

Pasquariello will seek variances to permit storage related to the home occupation outside buildings; to permit the display of products related to the home occupation from being visible from adjoining properties or streets; to permit noise from being perceptible at or beyond the lot boundaries; and a special exception to conduct parts of a home occupation outside of a dwelling unit.

The request was previously denied by township zoning officer Duane Dellecker, who in his rejection letter, dated March 28, stated that 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.

Dellecker said that Pasquariello indicated in her letter of intent that outdoor toys would be stored in a fenced in area 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, Dellecker stated in his letter.

Pasquariello also indicated in her letter of intent that outdoor play equipment is requested to be "displayed" and stored in the fenced in area. In his letter, Dellecker stated "in my opinion, outdoor toys would not qualify as a "product" related to the home occupation."

Another section of the township's zoning ordinance prohibits noise and dust, among other things, from being perceptible at or beyond the lot boundaries. Dellecker stated in his letter that "due to the nature of a group child day care business and your letter of intent, concern exists regarding noise perceptible at or beyond the lot boundaries."

Yet 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. However, Dellecker noted in his letter that Pasquariello's letter of intent indicates that she plans to conduct parts of this home occupation out of a 4,400-square-foot fenced in yard area.

Also on Tuesday, the zoners will hear a request from a man who wants to install a new dwelling on his property.

Merritt Berger will ask the zoners for a variance from the required front yard setback in an R-C (Rural Conservation) Zoning District in order to build the new dwelling unit at 140 Douglas Lane in Kunkletown.

That request was also previously denied by Dellecker, who in his rejection letter dated April 3, stated that the property is split between an R-C and C-1 (Mixed Commercial/residential) zoning district and is comprised of .797 acres of land.

"The zoning hearing board, in a decision from a hearing dated April 21, 2009, approved creating this nonconforming lot," Dellecker said. "A condition of approval required that any construction on the new lot meet all setback requirements for an R-C zoning district."

Dellecker also stated in his letter that a section of the township's zoning ordinance requires a 40-foot front yard setback in an R-C zoning district. But, the application, as submitted, indicates setbacks of 30-feet, Dellecker said.