Eric Papenfuse, Mayor

PLANNING BUREAU REPORT

Variance Application
PROPERTY ADDRESS: 1507 North 3rd Street
PID: 06-005-017
APPLICANT:
Alan Kennedy-Shaffer & Stanley H. Gruen
APPLICANT STATUS:
Lessee
ZONING:
Commercial Neighborhood (CN)
HISTORIC DISTRICT:
N/A

APPLICATION DATE:
November 6, 2014
HPC DATE:
December 3, 2014
SITE VISIT/POSTING DATE(S):
November 21, 2014
FLOODPLAIN:
Zone X (No Floodplain)

PURPOSE:
To establish a licensed micro-distillery on the property.
PROPERTY DESCRIPTION:
This three-story, 6,270 square foot brick masonry structure was built on a .06 acre lot in 1910
(Dauphin County Tax Records). It was once an industrial building selling carpets and draperies
as evidenced by the sign still visible on the primary faade. The building has a recessed principal
entryway with a pair of metal doors. The first floor also exhibits two large show windows that
are currently boarded up. The second and third floors of the building are distinctive in that they
each feature almost an entire wall of windows with 32 individual panes on each floor. Historic
signage is featured between the second and third floor. The roof is flat with small wooden
brackets. The northern and southern elevations of the building feature several one over one
double-hung windows on each floor. The property is bounded by North 3rd Street to the west, a
HACC parking lot to the north, the property at 308 Reily Street to the east and 300 Reily Street to
the south. There are a couple of restaurants to the southeast of the building.
REQUEST DESCRIPTION:
The Applicant is requesting a Variance in order to establish a licensed micro-distillery. Per
Section 7-305.7 of the Zoning Code, distilleries are not a permitted use within the Commercial
Neighborhood zone.

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December 3, 2014
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VARIANCE REQUIREMENTS PER SECTION 7-323.7
OF THE PA MUNICIPALITIES PLANNING CODE:
1. There are unique physical circumstances or conditions, including irregularity,
narrowness, or shallowness of lot size or shape, or exceptional topographical or other
physical conditions peculiar to the particular property and that the unnecessary
hardship is due to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood or district in
which the property is located.
The Applicant has stated the following:
Yes. By law, the fact that distillery use is a nonconforming use alone renders the site unique.
Peculiar conditions also include years of vacancy and neglect, blighted interior features, lack of
alternative uses, and lack of external access to upper floors. Exacerbating conditions include the
Citys financial crisis, local glut of luxury housing, and courthouse delay.
The building has an industrial character and lay-out despite its inclusion within the Commercial
Neighborhood zone. This building is not well-suited for alternative permitted uses listed in
Section 7-305.7 of the Zoning Code. The building has been vacant since 2005, and this reflects
the issues for adaptive reuse of this property.
2. That because of such physical circumstances or conditions, there is no possibility that
the property can be developed in strict conformity with the provisions of the zoning
ordinance and that the authorization of a variance is therefore necessary to enable the
reasonable reuse of the property.
The Applicant has stated the following:
No. The variance is necessary to enable reasonable use of the property, as evidenced by years of
vacancy and neglect. By law, the property cannot be developed, as proposed, unless a variance
providing zoning district relief is granted.
It is unlikely that the property can be developed in strict conformity with the provisions of the
zoning ordinance. The building has just one exit on the first floor with no outer exits for the
second and third floors. This generally limits potential retail activity to the first floor and
prevents the second and third floors from being used for residential uses. Furthermore, this
vacant property has been sold three times within the last 10 years with no viable use established
during that time.
3. That such unnecessary hardship has not been created by the appellant.
The Applicant has stated the following:
No.

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The Applicant has not caused this hardship. The hardship is due to the buildings inherent
industrial character and style.
4. The variance, if authorized, will not alter the essential character of the neighborhood or
district in which the property is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be detrimental to the public
welfare.
The Applicant has stated the following:
No. The variance will permit positive use of the property, which has sat vacant for years. The
proposed use will preserve the appropriate historic, industrial character of the property.
The variance, if granted, will not alter the essential character of the neighborhood. Per Section 7305.7 of the Zoning Code, liquor stores are permitted by-right in the CN zone. This use would
be providing a value-added business to a liquor store by demonstrating the distillery process on a
small-scale as a local business. It would be similar to the approved micro-brewery business
situated behind Midtown Cinema within the same neighborhood and just two blocks away.
Furthermore, this business could enhance the neighborhood by reusing a vacant, historic structure
and by attracting visitors to tour their operations and sample their product. The business location
among restaurants, HACCs Midtown Campus, and HACC parking facilities would not have a
noticeable effect on any nearby residential neighborhood. Additionally, this buildings location
in the Commercial Neighborhood exempts it from having to fulfill off-street parking
requirements that would otherwise be required by the Zoning Code.
5. The variance, if authorized, will represent the minimum variance that will afford relief
and will represent the least modification possible of the regulation in issue.
The Applicant has stated the following:
Yes. Per Section 7-305.7 of the 2014 Harrisburg Zoning Code, the requested variance is the
minimum variance that will afford relief and allow compliance with the Zoning Code.
The variance, if approved, would represent a minimum variance to afford relief. The microdistillery use proposed by the Applicant would be a value-added business in a commercial
neighborhood where liquor stores are already permitted by-right. This variance will allow a
property with significant development obstacles to be put to use in a productive way. The
proposed use will be compatible with the surrounding neighborhood in which a similarly-styled
micro-brewery has already been approved for operation.

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PLANNING BUREAU RECOMMENDATION:

Approval with Conditions

The Planning Bureau staff recommends that the request be approved with the following
condition(s):
1. The Harrisburg Planning Commission and Zoning Hearing Board address any issues related
to loading/unloading of production materials and customer parking.
2. Any signage regarding the proposed use will submit a Variance or Special Exception
application for approval if not in conformance with Section 7-325.6 of the Zoning Code.
The Planning Bureau staff recommends that the request be approved for the following reason(s):
1. The building has an industrial lay-out with accompanying access issues posing a significant
obstacle for its adaptive reuse.
2. The micro-distillery will not alter the character of the neighborhood due to the fact that liquor
stores are already permitted in the Commercial Neighborhood zone and a micro-brewery has
been approved for operation two blocks away.
3. The micro-distillery will be a local value-added business within a historic building and could
attract visitors to the 3rd Street commercial corridor.
REVIEW PROCESS:
1. Harrisburg Planning Commission
2. Harrisburg Zoning Hearing Board
3. Building & Zoning Permit submittal
ATTACHMENTS:
1. GIS Zoning & Location Map
2. Variance Application
3. Property Deed
4. Option to Lease
5. Floor Sketch Plan
6. Existing Conditions
7. Business Plan
8. Supplemental Location Maps
9. Supplemental Floor Plan
10. Supplemental News Article
11. Letters of Support
12. Petition of Support

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