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Wyomissing zoning ruling on home-based nonprofit upheld
Commonwealth Court on Friday upheld a Berks County Court ruling that ordered a Wyomissing couple to close a home-based organization that assists senior citizens in their home. While the appeal was pending, Philip and Kiran Yocum moved their business to 2561 Bernville Road, Bern Township, in April. The court ruled that President Judge Jeffrey L. Schmehl properly upheld the zoning board decision in October 2007 to stop the Yocums from operating Seniors Helping Seniors from their home at 50 Grandview Blvd. The nonprofit, which began in 1998, employs seniors to help other older people in Berks with shopping, cooking and other nonmedical needs. Fronefield Crawford Jr., a Chester County lawyer representing the Yocums, was unavailable for comment. Elizabeth Magovern, a Wyomissing attorney representing the borough, said the Yocums no longer are operating the business in their home. "This ruling prevents them from ever operating the business in their home in Wyomissing," Magovern said. "The borough was concerned because we were getting complaints from residents about the parking." The Yocums paid a $500 fine to the borough for violating the zoning ordinance by improperly operating the business, according to officials. Wyomissing zoning does not permit a home-based business in a residential area, borough officials said. According to court records: When the Yocums bought the property in 1999 it was in Wyomissing Hills. On Jan. 1, 2002, Wyomissing Hills merged with Wyomissing. On Feb. 11, 2003, Wyomissing council adopted an ordinance that placed the Yocums' property in a residential district. In 2005, the Yocums obtained a business privilege license to operate the business with one employee. The next year, the borough denied the Yocums permission to operate the business because they had two employees. Schmehl said the borough admitted it mistakenly granted the Yocums a license in 2005. Seniors Helping Seniors attracted the attention of Gov. Ed Rendell, who visited the Yocums in July 2005 to talk about the state's improved prescription drug plan for seniors. Several hundred people attended the event. •Contact reporter Holly Herman at 610-478-6291 or hherman@readingeagle.com. http://www.readingeagle.com/article.aspx?id=114014 |
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