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ZBA OKs 15-foot setback variance so homeowner can replace long-standing fence at 39493 Cloverleaf
Summary
The Harrison Township Zoning Board of Appeals on April 14 approved a 15-foot front-yard setback variance for homeowner Dawn Barath at 39493 Cloverleaf so she can replace an existing fence that would otherwise fall within the required 45-foot right-of-way setback and obstruct her pool.
The Harrison Township Zoning Board of Appeals on April 14 approved a 15-foot front-yard setback variance for homeowner Dawn Barath at 39493 Cloverleaf to allow replacement of an existing fence that has been in place for more than 30 years.
Barath, the petitioner, said the fence must be replaced and that strict enforcement of the ordinance — which requires a 45-foot setback from the right-of-way on her corner lot — would force a fence into the middle of her swimming pool. "The fence has been there for 30+ years and needs to be replaced," she said during the hearing.
Board member Robert Leonetti moved to approve the petition, saying the applicant had shown a hardship. "First of all, the petitioner is just replacing an existing fence that exists right now and from what I understand, it's somewhat falling apart and if wind comes along that's strong, it may not even be there; number two, if we were to follow the ordinance, it would require her to actually put a fence over an existing pool that she has right now, and that would be a clear hardship for this petitioner," Leonetti said.
The board voted by roll call: Ayes — Robert Leonetti, David Bratto, Shayne Gleason, Amanda Oparka and Linda Torp; Nayes — none. The motion carried and the variance was approved.
The approval allows Barath to replace the fence in its current location. The board did not record additional conditions beyond the variance approval. The meeting adjourned at 7:30 p.m.
