Tinicum supervisors vote 2–1 to oppose Hollow Horn Road barn variance

Tinicum Township supervisors voted 2–1 on June 2 to oppose a zoning variance that would permit an accessory barn in a location the Board said conflicts with existing setback rules.

John Cole and Chair Eleanor Breslin voted to authorize the township solicitor and zoning officer to appear before the Zoning Hearing Board for Application Z2026-05 (TMP #44-014-087) and to send a letter expressing opposition; Supervisor Todd Quinby voted no. The Board’s action instructs counsel to present the Township’s position at the ZHB hearing scheduled for June 11.

Cole argued that the Municipalities Planning Code requires a showing of hardship that is not self-created and pointed to the applicants’ own exhibit, which he said identifies a code-compliant area for the barn. “State law requires building in a compliant area when one is available,” he said, adding that convenience is not a legal hardship. Solicitor Scott Holbert told the Board that even if a variance were granted, no barn permit could be issued before a primary structure is proposed, because accessory structures cannot precede a primary building under the ordinance.

Quinby said placing the barn elsewhere might be less convenient for the owners and suggested revisiting the 200-foot setback rule in the future, but he opposed sending a letter of resistance in this case. Dan Ulman, a resident and Planning Commission member, emphasized that the Commission reviews ordinances to protect Tinicum Creek and other resources and stated that ordinance compliance is not a judgment call.

The Board’s vote does not prohibit the applicants from seeking relief from the Zoning Hearing Board, but it signals municipal opposition and directs township counsel to argue that the legal criteria for a variance have not been satisfied.

The ZHB hearing on Application Z2026-05 is set for June 11; the Township will be represented by its solicitor and zoning officer.