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BMZA denies reconsideration request for front‑yard setback on appeal record
Summary
The BMZA voted to deny a motion to reconsider a previously approved front‑yard variance after staff told the board the petitioner's arguments repeated issues raised at the original hearing and did not meet the narrow statutory grounds for reconsideration.
The Baltimore Municipal Zoning Appeals board on May 20 denied a petition for clarification or reconsideration of a front‑yard variance decision that had approved a 20‑foot front setback where the zoning code required 25 feet.
Becky Witt, executive director of BMZA staff, reviewed the reconsideration request and advised the board that the petition raised three arguments already considered at the hearing: (1) a factual dispute about the original demolished house’s setback, (2) neighbors’ objections to the appearance of the proposed dwelling, and (3) a question about whether a height determination should have been made. Witt told the board the appellant had opportunities to present evidence at the original hearing and had not submitted newly discovered evidence or shown fraud, clerical error, or other narrow statutory grounds necessary to justify reconsideration.
Board members who spoke identified the petition as in effect seeking “a do‑over” of factual disputes resolved at the hearing and said the motion did not fit the statutory bases for reconsideration. The board recorded multiple votes to deny the motion; the chair and at least four members voted to deny. The board’s staff will issue a written denial and include the resolution language explaining why reconsideration was denied.
Witt told the board the appellant was given chance to respond and did not do so; the board relied on the resolution and hearing record in reaching denial.
