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Board of Appeals approves variance allowing dumpster pad inside front-yard setback at Hollywood restaurant
Summary
The Saint Mary's County Board of Appeals voted unanimously May 22 to approve a variance permitting a 10-by-10 concrete dumpster pad inside the front-yard setback for a restaurant at 23905 Merle Dean Road in Hollywood, finding county zoning standards for a variance were met.
The Saint Mary's County Board of Appeals unanimously approved a variance May 22 allowing a refuse storage area to be located inside the front-yard setback at 23905 Merle Dean Road in Hollywood, the site of a restaurant owned by Green Building LLC.
The board found that the standards for granting a variance and the objectives of section 24.3 of the St. Mary's County Comprehensive Zoning Ordinance had been met, and approved a request to waive section 61.50.1 so a roughly 10-by-10-foot concrete pad enclosed by fencing could sit within the 50-foot setback along Maryland Route 235.
The restaurant's agent, Donald Cropp of Colony Builders, told the board the pad was moved to its current location so garbage trucks could back in and exit safely. "I never imagined that 235, neither did the engineer that 235 is another front," Cropp said, explaining the pad was relocated about 30 feet and slid aside from existing parking to improve truck access.
Staff planner Stacy Clements described procedural steps taken before the hearing: public notice in the Southern Maryland News in May 2025, property posting under CZO requirements (section 21.30.3), and mailed notifications to neighbors within 200 feet on or before May 7, 2025. She told the board the Health Department had approved the site plan and that Department of Land Use & Growth Management and Metcom sign-offs were still pending; Metcom requested a full set of plans.
Board members discussed which street constitutes the property's primary front. Clements said Maryland Route 235 is treated as the primary arterial frontage in TMX (town center mixed-use) zoning, which carries a 50-foot setback. The board asked about proximity to the right-of-way and state highway encroachment; Clements reported no state-encroachment approval had been received.
Rita Weaver moved to approve the variance, stating that the ordinance standards had been met; the motion was seconded and carried on a 5-0 vote. Chairman George Allen Hayden Sr. told the applicant, "An order reflecting the board's decision will be prepared by staff and signed by the board within 60 days," and he noted a 30-day appeal period to circuit court following the order's signing.
The board also handled routine business, including approval of prior minutes and two orders to sign. No written public comments were received for the dumpster variance, and no resident testified against the request during the hearing.
