Council approves three land-development waivers amid questions about documentation and bonding

The York City Council approved three separate land-development waivers Tuesday for projects at 438 West Market Street and 211 South Junior Street (Resolution 51), 1237 Roosevelt Avenue (Resolution 52) and 2206 Pennsylvania Avenue (Resolution 53). Council members and members of the public asked developers and staff for clearer documentation, bonding assurances and timelines during discussion.

Resolution 51, introduced by (packet reference) and described as approving certificates of appropriateness for work at 438 West Market Street and 211 South Junior Street, moved forward with no council comment recorded and passed on roll call.

Resolution 52 concerned a waiver request from Ross Dean of Dean's List Realty for 1237 Roosevelt Avenue (the property described in the meeting as the former Spataro’s site with a motel behind it). Council members questioned what a land-development waiver entailed and why staff recommended denying the waiver because of a lack of bonding and incomplete documentation. A planner and administration staff explained that the applicant had originally proposed two phases, including demolishing the front building to provide parking for an expanded motel; subsequent parking variances and a boundary dispute changed plans. Ross Dean said he submitted full plans to the city about two years earlier and obtained a parking-variance approval; he said the project’s scope now does not require demolition of the front building and that the building plans remain on file. Council members expressed frustration that council had not received the same plan documents that planning and zoning had in their packets. After questions, the council approved the waiver on roll call.

Resolution 53 was a waiver for 2206 Pennsylvania Avenue, represented at the meeting by Adam Anderson of Site Design Concepts. Anderson described a 2,400-square-foot building expansion that, he said, meets setback requirements and does not encroach on the neighboring Lutheran Village. Planning staff confirmed the planning commission recommended approval. The council approved the waivers on roll call.

Council members asked staff to ensure council receives clear plan packets and bonding details for future land-development items. Solicitor Flowers and planning staff clarified that land-development waivers address site and public-improvement requirements and are distinct from building-code plan review, which proceeds through the building division.