Homeowners seek board reconsideration of garage expansion ruling after legal battles

The St. Mary's County Zoning Board of Appeals convened recently to revisit a long-standing case regarding a property owner's request to add a second story and relocate a wall on their garage. This case, originally heard in February 2008, has undergone multiple legal challenges, including an appeal to the circuit court, which ruled in favor of the property owner. The matter was subsequently escalated to the Court of Special Appeals, which directed the board to provide further findings to support its earlier decision.

During the meeting, the property owner's representative requested the board to reconsider its March decision, citing two main grounds: a mistake of fact or law and other good cause. The representative argued that the board had erred in its assessment that relocating the wall would not eliminate a nonconformity due to a portion of the slab remaining within the setback. They contended that there was insufficient credible evidence to support this finding, primarily relying on an opinion from a board member regarding historical building practices.

The board members were informed that they have the authority to reopen the case or modify their previous order if good cause is shown. The representative expressed readiness to provide additional documentation to support their request for reconsideration, emphasizing the importance of addressing the alleged errors in the board's earlier ruling.

As the board deliberates on this request, the outcome could have significant implications for the property owner and the broader community, particularly regarding zoning regulations and property rights in St. Mary's County. Further discussions and decisions are expected in upcoming meetings as the board seeks to clarify its position on this complex case.