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Board authorizes solicitor to oppose variance for 116 Hoogonoo Lane
Summary
After legal briefing and discussion about setbacks and plan discrepancies, the board voted to have the township solicitor appear and formally oppose a requested variance to encroach into a 50-foot creek setback at 116 Hoogonoo Lane.
The Middle Smithfield Township Board of Supervisors on July 9 authorized the township solicitor to appear before the zoning hearing board and oppose a variance request for property at 116 Hoogonoo Lane.
Solicitor David (S5) summarized the application: the owner of record is listed as Rusted Raccoon Retreats LLC and the applicant listed on the filing is Thomas Powers. He said the original February 2025 zoning permit showed the proposed dwelling at the 50-foot creek setback, with plans specifically excluding decks or porches, and that an amended deck plan now requests approximately a six-foot encroachment into the 50-foot setback. David stated, "I don't think there's a basis to grant a variance," if the hearing evidence matches the application.
Board members questioned whether the as-built or amended measurements read 54 feet or 50 feet, which could indicate an existing encroachment before the new deck plan. One supervisor said the deck should have been included in the initial permit and urged opposition to opening that precedent. Following discussion the Chair moved to authorize the solicitor to attend the zoning hearing board and formally oppose the variance; the motion carried by voice vote.
Why this matters: Middle Smithfield's zoning ordinance sets a 50-foot setback from the top of bank for watercourses; board members flagged concerns about allowing incremental encroachments and emphasized that determinations at the zoning hearing will depend on the evidence presented there.
Next steps: The solicitor will represent the township at the zoning hearing board to present opposition and, if necessary, cross-examine testimony and present township evidence.
