Planning commission recommends denying appeal of zoning determination at 101 E. Springettsbury
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Summary
The York City Planning Commission voted to recommend denial of an appeal by a neighborhood group challenging a zoning officer determination that found two roommates at 101 E. Springettsbury consistent with the RS‑1 ordinance; the commission's recommendation sends the matter to the Zoning Hearing Board for final adjudication.
The York City Planning Commission on a split roll‑call recommended denying an appeal of a zoning officer determination concerning occupancy at 101 East Springettsbury Avenue, sending the case to the Zoning Hearing Board for final consideration.
Chris Naylor, an attorney for the Springdale Neighborhood Association, told the commission the zoning officer’s written determination (an email dated Aug. 26, 2025) was legally deficient and factually thin. “The determination is just devoid of any facts,” Naylor said, arguing the document gives no detail about who the two roommates are, the length of leases, or whether residents share kitchen facilities—facts he said are essential to distinguish a lawful single‑family household from a prohibited rooming house.
The zoning officer, who spoke at the hearing, said the determination reflected the city’s conclusion after inspection and that the ultimate interpretation had been reviewed with the city solicitor. “I went along on the inspection, but I’m not the inspector,” the zoning officer said, adding that an inspection report would need to be requested from the inspector.
David Jones, speaking on behalf of the property owner, said the owner and city staff had memorialized a stipulation that the owner would live on site with two roommates on at least 30‑day leases and that the arrangement would not be transient. “We offered to put in writing a stipulation,” Jones said, adding that the owner is open to recording enforcement commitments to clarify future compliance.
Neighbors and former board members urged the commission to back the appeal. Michael Johnson, a Springdale resident and former zoning hearing board chair, said RS‑1 zoning does not allow rooming houses and described the matter as legally straightforward. Frederick Spangler, who lives near the property, said 30‑day tenants are transient and therefore not part of a single housekeeping unit under the ordinance.
After discussion, a commissioner moved to recommend denial of the appeal (which would leave the zoning officer’s determination in place). The roll call produced two ayes, one nay and one abstention; the motion passed.
The recommendation is advisory; the Zoning Hearing Board will make the final determination. The planning commission’s record for the item includes staff materials, the challenged determination, and public testimony from neighbors and representatives.
