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Board flags inspection breakdown, precedent concerns after Enders overbuild

Silver Spring Township Zoning Hearing Board · December 9, 2024

Summary

Silver Spring Township members questioned why final zoning inspections did not catch work that exceeded a prior variance and debated whether granting relief now would set a precedent for other homeowners in the Glendale Estates subdivision.

During deliberations on the Enders application, several Board members pressed Township staff and the applicant about procedural lapses that allowed as‑built impervious area to exceed a previously approved variance. Chairman Don Franklin said the situation indicated a failure in oversight and sought an explanation of when and how the overage was discovered.

Zoning Enforcement Officer Chelsea Leiby told the Board she could not find a record of a final zoning inspection for the project. Land Development Specialist Scott Maldonado said multiple contractors and overlapping projects on the parcel likely led to the discrepancy, suggesting a paperwork or design handoff issue among contractors. Member Ryan P. Siney emphasized precedent, noting the Board had denied a similar 22.94% request from a neighbor earlier and said, “I’m very troubled by this as well.”

Board members questioned whether denying the amended request would require enforcement action to remove improvements and whether a denial would be realistic given the owner’s costs. The Board conditioned its ultimate approval on a clarified, smaller request and stormwater mitigation; it also directed that the applicant submit the Stormwater Management Plan for Township review so compliance can be verified.

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