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Resident flags missing variance on sign as board debates accessory‑structure variances at 204 Swamp Creek

Lower Frederick Township Board of Supervisors · June 2, 2026
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Summary

A zoning hearing application for a carport at 204 Swamp Creek prompted legal review: the township solicitor said three of four variances likely don't apply and recommended staff consult the zoning officer and the zoning hearing board solicitor; resident Ruth Hile said the posted notice omitted reference to the accessory‑structure variance.

At its June 2 meeting, the Lower Frederick Board of Supervisors reviewed a zoning hearing board application for 204 Swamp Creek and discussed whether several requested variances were necessary.

A township lawyer (speaking to the board) reviewed the ordinance’s yard definitions and concluded three of the four requested variances "don't apply" because the proposed carport appears outside the required yards as defined in the R‑2 district. He described the fourth variance language as ambiguous and said ambiguous provisions should be interpreted in the least restrictive way toward the landowner. He suggested staff contact the zoning officer and the zoning hearing board solicitor before the hearing; the board directed staff to do so and indicated the township solicitor should attend and oppose applications in other recent cases where reductions in impervious cover appeared insufficient.

During public comment, Ruth Hile of 204 Swamp Creek Road said the mailed/public sign in her yard did not reference the accessory‑structure variance (section 24) and called that omission "very problematic." Hile said she planned to request a postponement at the hearing to ensure proper notice. The board asked staff to follow up and to notify Hile before the hearing in case staff’s review determines the variance is unnecessary and no hearing is required.

The board also discussed a separate applicant, Mr. Stokes, whose impervious surface proposals were reduced but remained above the township limit; the board told staff to attend and oppose that application unless substantial reductions were documented.

No formal vote on the 204 Swamp Creek application was taken at the meeting; staff were instructed to pursue administrative clarification and to coordinate next steps with the zoning hearing board solicitor.