Zoning board approves reduced variance for Enders after unauthorized additions

The Silver Spring Township Zoning Hearing Board on Dec. 9 approved a revised variance request from Bryan and Jennifer Enders for their home at 9 Blue Marlin Way, resolving an after‑the‑fact excess of impervious coverage created during prior construction. The Board voted unanimously to approve Variance 2024‑10 as amended to a maximum 22.5% impervious coverage.

Attorney Peter J. Wertz told the Board the property initially received a variance permitting 21.76% impervious coverage for a pool installation but later improvements increased coverage to roughly 25.74%. Wertz said the applicants will remove 1,122 square feet of impervious surface and install an infiltration bed; “the impervious coverage we are requesting is the lower amount, 22.94 percent,” he told the panel before amending the request during deliberations.

Hyland Engineering President Adam Davis, called as the applicant’s expert, testified the proposed stormwater management measures are designed to handle the increased runoff and that the removal areas are confined to the Enders’ lot. Davis also read five letters of neighbor support for the plan. Zoning Enforcement Officer Chelsea Leiby confirmed required legal notices were posted and that any final stormwater plan would be processed through Township permitting.

Board members expressed concern that the built condition exceeded a previously authorized variance and questioned why a final zoning inspection had not flagged the overage earlier. Chairman Don Franklin said “something broke down here” in the inspection/permit chain. Counsel argued a de minimis variance standard could apply because the net increase would be small and stormwater controls were proposed; the Board ultimately sought a slightly smaller, clarified request and moved to approve it.

A motion to approve Variance 2024‑10 as amended was made by Member Ryan P. Siney and seconded by Member James Hall; the Board recorded unanimous ayes and the motion carried. The approval is conditioned on the amended figures and the applicant’s plan to remove impervious area and submit the Stormwater Management Plan for Township permitting.