The regular meting of the Zoning Hearing Board of the Township of Lower Makefield was held in the Municipal Building on May 1, 2007. Chairman Kirk called the meeting to order at 7:30 p.m.


Those present:


Zoning Hearing Board: Barbara Kirk, Chairman

David Malinowski, Vice Chairman

Paul Bamburak, Secretary

Jerry Gruen, Member

Gregory Smith, Member

Others: Robert Habgood, Code Enforcement Officer

James Majewski, Township Engineer

Allen Toadvine, Zoning Hearing Board Solicitor

Ron Smith, Supervisor Liaison





Mr. and Mrs. Muth were sworn in along with Jerry Kaye, Better Living Patio Rooms.

The Application submitted was marked as Exhibit A-1. Attached to the Application is an

As-Built Plan for the property last revised 1/15/96 with a hand notation of the proposed

patio room. This was marked as Exhibit A-2.


Mr. Muth stated they want to add a sunroom to the rear of their home to enjoy the

outdoors with shelter. The back of the house is the only logical space because of privacy

and access. Ms. Kirk stated it appears it will be a 133 by 121 patio room, and

Mr. Muth agreed. Ms. Kirk stated on the Plan submitted, the proposed patio room is

highlighted in yellow. She stated there are two other sections on the Plan which are

highlighted; and Mr. Muth stated one small area is an existing storage shed that was on

the property when purchased, and the larger rectangular space is a concrete patio which

was also on the property when purchased. Ms. Kirk asked how close the existing patio is

to the rear yard line, and Mr. Kaye stated it is actually closer to the rear than the proposed

room would be. It is approximately 40, and the room would be 42 from the rear line.

Mr. Kaye stated this will be a single-story patio room. It will be enclosed with screens

and a roof.


Mr. Kaye submitted photographs of the proposed room. This was marked as Exhibit A-3.

He stated the top photo is what is proposed for the property. Mr. Kaye also presented

photographs of the property.

May 1, 2007 Zoning Hearing Board page 2 of 3



Mr. Bamburak asked why the other two structures were marked in yellow on the Plan,

and Mr. Kaye stated on the original Plot Plan, these were not included; and when he first

came in and met with Mr. Habgood he indicated they should add anything to the Plot

Plan which is not presently on the Plot Plan but is there now. He stated he highlighted

them to identify that they were added since the Plot Plan was prepared. It was noted

Mr. and Mrs. Muth did not add these additions. Ms. Kirk asked how long they have

owned the property, and Mrs. Muth stated they have lived there almost two years.


Mr. Toadvine noted the six photographs of the dwelling which have been submitted.

These were marked Exhibits A-4 through A-9. Mr. Toadvine noted the last two

photographs show the rear yard.


Ms. Kirk asked if there are any impervious surface issues with the proposed addition, and

Mr. Habgood stated there are not.


There was no public comment, and Testimony was closed.


Mr. Smith moved, Mr. Bamburak seconded and it was unanimously carried that the

Variance requested be granted.





Mr. Dane Springer was sworn in. The Application submitted was marked as Exhibit A-1.

Included with the Application was an As-Built Plan for the subject property last dated

10/2/92, and this was marked as Exhibit A-2.


Mr. Springer stated he is requesting a Variance to Township Ordinance Section 200-22

Lot Area and Yard Requirements. He stated they are requesting relief from the front

setback to permit 38 as opposed to 40 as required. He stated in front of their home

there is a concrete slab at the front entryway. They would like to install columns and a

portico to protect the door area from water. He stated they moved into the home

approximately three years ago. The house was about 12 years old, and the door and

windows are rotted out. They are replacing the door and windows and would like to

install a portico at the same time to keep the water off the door.


Ms. Kirk asked if the proposed portico will be as wide as the existing concrete slab, and

Mr. Springer stated it will not about the dimension of the slab. Ms. Kirk asked the size of

the concrete slab, and Mr. Springer stated it is approximately 4 from the front of the

house, and 7 wide. It is not a full-fledged porch.


There was no public comment, and Testimony was closed.


May 1, 2007 Zoning Hearing Board page 3 of 3



Mr. Bamburak moved, Mr. Smith moved and it was unanimously carried to grant the

Variance as requested.



There being no further business, the meeting was adjourned at 7:41 p.m.


Respectfully Submitted,





Paul Bamburak, Secretary