(10/24) The chickens residing on Fawn Trail in Carroll Valley can cluck sounds of joy. Borough Manager Dave Hazlett told the council during its October meeting that the borough’s Zoning Hearing Board granted a variance for a chicken coop located at 8 Fawn Trail. Hazlett said the variance is attached to current property owners Katlyn Weimer and Adam Colson and will not transfer if the couple sells the land.
"I notified them verbally after the hearing that as far I was concerned, that issue was finished," Hazlett said. "I directed staff to issue the necessary permits the next morning."
The future of Weimer and Colson’s chickens has been a hot topic at borough council meetings since the summer of 2023. Carroll Valley law states chickens must reside in the backyard of a property. That’s not possible for Weimer and Colson, whose house at 8 Fawn Trail aligns with the rear of their half-acre lot.
Fifteen of Weimer and Colson’s neighbors expressed support for the couple’s coop. Chicken fans claimed the bird bring joy, prevent ticks, and enhance the beauty of the neighborhood. However, well wishes do not change government legislation.
The council directed its Planning Commission in September 2023 to craft an ordinance that a chicken coop can be placed anywhere on a property as long as it complies with the setback requirements of the land’s zoning district.
The ordinance has yet to advance, so Hazlett in his role as the borough’s zoning officer started enforcement actions in the spring of this year. The topic once again dominated the public comment portion of meetings for months, with Hazlett stressing to the couple that he had no opinion on the foul’s fate. He was just doing his job.
The Zoning Hearing Board is an appointed quasi-judicial body that has the power to overturn the zoning officer’s actions. Weimer and Colson pleaded for their support, and the wheels of justice prevailed in their view.
Despite the apparent good news, one dark cloud remains over the Fawn Trail coop. Deed restrictions on Carroll Valley properties also outlaw chickens. However, Borough Solicitor Zachary Rice of Salzmann Hughes has said such restrictions can only be enforced by a judge if a neighbor files a civil action in the Adams County Court of Common Pleas. To date, no such action has been reported.
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