Penn Township's zoning hearing board approved a variance request by two businessmen that will allow them to park cars in the right of way along Route 72.

The variance will permit Charles Rettew and Richard Keister to park 7 feet closer to the road than an ordinance allows. The businesses are in the 1000 block of Lancaster Road, next to the Manheim Auto Auction, on land owned by Rettew.

Board members heard testimony from Rettew and Keister on Sept. 12, but waited to make a ruling until their Oct. 17 meeting due to unresolved issues.

Having received additional information from both parties, the five-member board discussed the matter for about 15 minutes before unanimously approving the variance.

As a condition of approval, a line marking the allowable distance from the road must be painted and maintained by the property owner.

"I think it's a nice compromise," board member Justin Wolgemuth said. "It allows them to stay in business and it allows the township to keeps cars further back from the road."

The ordinance, which went into effect in April, prohibits owners of automotive businesses from parking vehicles in the state right of way along Route 72, also known as Lancaster Road. The right of way extends 30 feet on both sides of the centerline.

Board member Gerald Wolfe expressed concern about granting the variance, but since the property line extends to the center of the road, he leaned toward voting to approve the variance.

Zoning board solicitor Melvin E. Newcomer noted that the state Department of Transportation would still have the right to utilize the right of way if it decided it needed it.

"Yes, there is a right of way the state can choose to use as much or as little as they want," Wolfe said. "But at this point they're choosing to use less than what the right of way is."

Wolgemuth also expressed some reservations about the decision, but recognized the space limitations the businessmen were facing.

"I think what makes these two properties unique compared to some others is they don't have the separation. It's just a sea of pavement," Wogemuth said.

Many other properties along Route 72, particularly on the west side of the road, have fencing, curbs or grass areas dividing the road and parking lots.

Rettew uses one of the offices and owns Rettew's Notary and Messenger Service, 1050 Lancaster Road.

Keister leases space on the lot owned by Rettew and owns Lancaster Car Co., 1072 Lancaster Road, which has the majority of the cars on the lot.

Spangler's Auto Detailing also leases space from Rettew.

Rettew and Keister were handed notices of violation on July 19. The board also voted unanimously to uphold the violations, but stated that approving the variance will essentially resolve the violation.

The variance will remain with the property even if the lots are sold.