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Commission declines to recommend on 371 West Philadelphia Street zoning appeal after lengthy public testimony
Summary
After extended testimony and neighborhood comment, the York City Planning Commission voted to make no recommendation to the Zoning Hearing Board on a dispute over the use of 371 West Philadelphia Street, leaving the appeal and variance decision to the zoning board.
After extended testimony from property owners, the applicant and several neighbors, the York City Planning Commission on Tuesday voted to make no recommendation to the Zoning Hearing Board on an appeal and related variance for 371 West Philadelphia Street.
The case centers on a garage on West Philadelphia Street that the current owners say has been used for truck and hydraulic repairs since at least 1986 and was purchased by their clients in 2023. The owners and their attorney, John Ogden, argued the site is a valid nonconforming commercial use that was not abandoned when the long‑time operator died in 2021. The property’s current tenant, Nathaniel (Nick) Cheatham, said he sought an occupancy permit to operate a repair and programming business and later received a zoning determination letter that prompted the appeal and a parallel variance request.
City staff and multiple neighbors raised competing claims. Staff said the city’s zoning officer found the current activities exceed the scope of a historic hydraulic‑repair operation and may now be classified under the broader motor‑vehicle sales, repair and rental use — a category the zoning officer concluded would not be permitted in the surrounding UN‑2 residential district without relief. Residents and adjacent business owners argued about the nature of past uses: some neighbors said the site historically repaired pallets and hydraulic jacks, not full vehicles, and expressed concerns about parking, noise, and impacts on the nearby historic neighborhood.
Several nearby property and business owners — including Charles Miller of Miller Brothers Vacuum Cleaner Hospital — told the commission they do not recall vehicle repairs at the site and said additional customer parking and vehicle storage would worsen an existing shortage of on‑street parking in the block. The property owners and applicant countered that the building retains truck‑scale doors, ceiling hoists and an interior layout consistent with vehicle service and that the business historically accepted quick drop‑off and pick‑up service.
Tammy Harvey Basset, director of Economic and Community Development, addressed the commission and said the city must verify building‑code and zoning records with the Uniform Construction Code (UCC) and the city’s building‑code official before recommending a position; she recommended the commission allow the zoning process to proceed with zoning staff and UCC review.
After discussion, commissioners voted to make no recommendation to the Zoning Hearing Board, a procedural outcome that leaves the zoning appeal and variance to the Zoning Hearing Board for a de novo decision. The roll call on the motion to not make a recommendation recorded unanimous support from members present.
The case will proceed to the Zoning Hearing Board, where the parties may present evidence on whether the prior use was nonconforming and whether abandonment occurred, and where the variance request (if still necessary) will be considered under the ordinance’s hardship and minimal‑variance standards. The commission’s record notes that staff looked for evidence of change of use and that a key legal standard cited in discussion was the zoning ordinance language stating a nonconforming use may be presumed abandoned when associated operations cease for more than one year unless intent to continue the use is shown.
