Monday, August 20, 2012

Letter from Lisa & Adam Beck regarding zoning notice.


Dear DECA Residents,

Adam and I are in the initial steps of gathering information regarding the possibility of making and selling beer out of the confines of our garage.  Perhaps some of you have seen the zoning notice sign on the edge of our property.  We would like to give you a better idea as to what this possible endeavor may involve, and assure you that it will not have an impact on our neighborhood.

If this small business does eventually come to life, it would not affect our neighborhood in any way. There would be no customer traffic, no parking, and no customers drinking beer on our property. There may be a few ingredient deliveries to our home, but no more than what would come to a typical family residence.  We would not put up a sign, and everything would take place inside of the garage. Our tentative plan would be to distribute our beer to a few local grocery stores, restaurants and bars. It can be compared to someone painting pictures in their garage, and then trying to sell their paintings at a local art show.  

This is all very new to us.  We are only in the "information-gathering" stages.  After some investigation, and reading the zoning section of the Code of the Township of East Whiteland, Pennsylvania, specifically sections related to residential usage, we are confident that our tentative plans do satisfy these requirements. (see below)

Please do not hesitate to contact us if you have any questions or concerns. We will do our best to answer them in any way that we can. We realize how fortunate we all are to be able to reside here in the Down East Community. It is a wonderful place to live, and we would never do anything to change this.

Thank you for taking the time to read this letter.

Sincerely,

Lisa and Adam Beck
226 Old Swedesford Rd.
Malvern, PA 19355

Home: 484 206-5184
Adam's cell:  484 612- 5018

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References
Zoning Hearing Notice (link)
East Whiteland Township Website (link)
Code of the Township of East Whiteland, Pennsylvania (link)
CHAPTER 200. ZONING (link)
ARTICLE V. Residential Districts (§ 200-18 — § 200-28) (link)
  • § 200-14. Terms defined. (link)
    • See section: NO-IMPACT HOME-BASED BUSINESS
  •  § 200-28. Home occupations. (link)
Excerpts from the Code of the Township of East Whiteland, Pennsylvania (link) :

NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

§ 200-28. Home occupations.
A. No-impact home-based businesses. No-impact home-based businesses, as defined in this chapter, are permitted by right in all residential districts and in dwellings in all mixed use districts.

B. Standards applicable to professional services home occupations and general home occupations. All home occupation uses not qualifying as no-impact home-based businesses, as defined in this chapter, are permitted by special exception, subject to the following conditions:

(1) Off-street parking shall be provided in accordance with Article XII.

(2) Persons engaged in the use shall comply with Township mercantile, occupational privilege, and business privilege tax regulations. Editor's Note: See Ch. 180, Taxation.

(3) No goods shall be publicly displayed.

(4) The use shall be carried on entirely within a dwelling unit or a building accessory thereto, and only one such home occupation use shall be permitted within one dwelling unit.

[Amended 11-14-2007 by Ord. No. 201-2007]
(5) No oversized vehicles shall be associated with the use.

(6) No sales of goods shall be made from the premises.

(7) The use shall not produce high levels of vehicular traffic, or noise, odors, air pollution, or glare.

(8) The residential character of the premises and the neighborhood shall be maintained.

(9) A maximum of two persons not permanent residents of the dwelling unit may be employed in the use.

[Added 11-14-2007 by Ord. No. 201-2007]
(10) No more than 25% of the gross floor area of the dwelling may be used for the use.

[Added 11-14-2007 by Ord. No. 201-2007]
(11) The use shall not alter or change the exterior character or appearance of the dwelling, except for signs as permitted by Article XIII.


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