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Dumpsters OK in Whiteford

BY BRYNA ZUMER

Posted 1/06/10

Several zoning variances, including two on agriculturally-zoned land, were recently approved by a Harford County zoning hearing examiner.

Hearing Examiner Robert Kahoe Jr., approved a request by Robert and Eva Cole, of 1810 Delp Road in Whiteford, to store roll-off Dumpsters and trucks on their 74-acre farm as part of his roll-off business, mostly for storing building debris.

The request was allowed despite Robert Cole’s acknowledgment that he has been operating the roll-off business since 2004 without a zoning permit and he has used the property to store and sell car parts.

Cole said he did not know at the time a permit was required. Cole, who also boards horses and grows corn, stores vehicles on his property as part of his farm operation.

Several neighbors testified they did not object to the request and could not see the roll-off equipment from their homes.

One neighbor, John Goles, said he has seen vehicles entering or leaving the property and expressed concern about potential well contamination from a previous salvaging operation on the property.

Cole admitted he had occasionally brought loaded dumpsters onto the property, but said he would not do so in the future and would no longer engage in salvage operations.

He also agreed to not have more than four dumpsters on the property at a time.

Kahoe wrote in his conclusion the Coles’ previous use of the site has been inconsistent with the agricultural zoning, offensive to neighbors and illegal.

“To be quite candid, the historic use of the property has been, by any standard, unacceptable,” Kahoe wrote. “One only needs to review the aerial photographs in the file to observe the extreme accumulation of junk, materials, building products, [Dumpsters], containers, miscellaneous and assorted materials, most of which have no discernible purpose, but all of which are a tremendous eyesore and patently not a proper part of this agricultural zone.”

Kahoe, however, found the site had been cleaned up and the sorting appears to have stopped, based on testimony from the Department of Planning and Zoning.

A variance was also granted Nov. 12 to Harry Komer to allow him to store two tractors and trailers on his 72-acre farm at 1561 Arena Road in the Darlington area.

His son, Martin Comer, uses the trailers to haul freight.

Other decisions included:

o A variance allowing a 6-foot-high fence on the property of James Jones Jr., at 813 White Pine Lane in Joppa, was approved Dec. 14.

o A variance allowing Kevin and Elizabeth Chmielewski, of 1005 Brookwood Drive in Joppa, to build cottage housing above their garage was approved Dec. 3.

o An exception of a non-conforming structure in a B-1 district, allowing Shelley Ann Kerby, of 601 Philadelphia Road in Joppa, to add a 5-foot overhang to the main entrance of the building she uses as a beauty salon was approved Oct. 28.

o A special exception to put a T-Mobile communications tower within the required setback in a commercial industrial district, at 2128 Pulaski Highway in Havre de Grace, was approved Oct. 21.

o A variance to build a deck within a 75-foot wetland buffer at the home of Gilbert and Gail Becker at 1308 Tralee Circle in Aberdeen was approved Oct. 21.

o A special exception to allow Joshua and Cheryl Chavis, of 3811 Federal Hill Road in Jarrettsville, to have large storage boxes on the property was approved.