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York Zoning Board allows auto-repair use at 371 W. Philadelphia St., denies zoning officer's broader determination

5785773 · September 19, 2025
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Summary

The City of York Zoning Hearing Board denied a zoning determination that the property at 371 West Philadelphia Street had lost a nonconforming service use and granted a variance permitting motor-vehicle repair only, with a condition barring parking on West Philadelphia Street.

The City of York Zoning Hearing Board on a September evening denied an appeal of a zoning determination and granted a limited variance allowing motor-vehicle repair at 371 West Philadelphia Street, concluding the site may continue as a service-use property but restricting on-street parking in front of the garage.

Attorney John Ogden, representing tenants Nathaniel ("Nick") Cheatham and Reynaldo (applicant) Zuzuela (spelling in records varies), urged the board to treat the building as a continuing nonconforming service use. Ogden told the board the building retains heavy-duty lifts and overhead cranes and that the property has been used for service work since at least the 1980s. He said the applicants intend “to do repair on vehicles” and that most work is by appointment.

Why it matters: The board's ruling lets a family-run automotive service operate at the site while limiting potential new impacts in a neighborhood zoned for residential uses. The decision preserves local property use that the applicants and their lawyer said had existed for decades while giving neighbors an enforceable condition on street parking.

Evidence and key facts - The applicant said the building has a large commercial garage door, overhead cranes and concrete shop floors and that much of the original equipment remained when they acquired the property in 2023. - Tenant Nathaniel Cheatham said the business will focus on electronic programming and light repairs and that most work is by appointment; he told the board, “We do not sell cars. We do not rent cars there.” - Objectors including Jane Stambaugh and Charles Miller testified during the hearing that, in their recollection, the building historically served as a hydraulic repair or pallet-jack shop and not a conventional automobile garage. Stambaugh said, “Since 1977 ... that building has never been used as a garage.” Miller, owner of Miller Brothers Vacuum, said the neighborhood's on-street parking is already constrained and said a change to a traffic-generating business would harm his longstanding shop.

Deliberation and board action Board members weighed documentary evidence (assessment records listed the site as auto parts/service, an obituary and historical photos were entered as exhibits) and oral testimony. After discussion the board moved to deny the applicant's appeal of the zoning officer's determination and, in the alternative, to grant variance relief limiting the permitted activity to motor-vehicle service (not sales or rental). The motion included a condition that vehicles should not be parked on West Philadelphia Street in front of the property as part of the permitted use.

The board recorded the motion, second and a roll-call vote; the motion passed. The board made clear the variance approval was narrower than the zoning officer's initial classification (which listed sales, repair and rental) and replaced that classification with a service-only allowance subject to the no-on-street-parking condition.

What the decision does and does not do - Approves motor-vehicle repair/service at 371 W. Philadelphia St., limited to indoor service and appointment-based operations as described by the applicant. - Denies vehicle sales and rental as part of the approved relief. - Imposes a condition that vehicles not be left or parked on West Philadelphia Street in front of the garage; the board discussed signage and enforcement during the motion. - Does not adjudicate every historical factual dispute about the building's exact past uses; board members relied on assessment records, photos and testimony to reach a legal conclusion on nonconforming use and abandonment.

Neighborhood context and applicant commitments Tenant Nathaniel Cheatham said the shop can accommodate vehicles inside, estimated the interior could hold about 20 cars at full capacity and that the rear yard could fit roughly eight vehicles stacked comfortably. He said typical hours would be roughly 8 a.m. to 6 p.m. Monday through Saturday and that the business would avoid late-night work. City planner Nancy Griffin told the board the city had not found a prior straight auto-repair classification in all records but that the city's enforcement response followed from the certificate-of-occupancy/business registration rules.

Next steps and implementation The applicant must comply with the conditions set by the board and pursue building- and health-code approvals as required. Neighbors and the city may monitor the no-on-street-parking condition; the board discussed signage and other measures as potential follow-ups.

Ending Board members emphasized compromise and neighborhood impacts in explaining their votes: one member said, “Next year is 2026, not 2024,” urging the board to focus on present realities rather than decades-old uncertainty. The decision allows a locally run repair shop to operate at the address under conditions intended to limit traffic and parking impacts to the surrounding block.