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Board OKs Portnoy plan to rebuild pool patio and repair retaining walls in expanded critical-area buffer

3240208 · May 9, 2025
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Summary

The Board of Appeals approved a variance for the Portnoy property in Hollywood to replace a pool deck, repair one retaining wall and replace another, with required mitigation and staff review. The project requires disturbance of the expanded critical-area buffer and includes about 427 square feet of mitigation.

The Saint Mary''s County Board of Appeals on May 8 approved a variance allowing work that will disturb the expanded critical-area buffer at the Portnoy residence in Hollywood to replace a pool patio and repair and replace retaining walls.

Amanda Yoel, planner for Land Use and Growth Management, said the Portnoys sought relief under section 71.8.0.3 to repair a failing retaining wall, replace another wall along the driveway, and reconfigure the pool patio. "The project is exempt from the stormwater management regulations as it proposes less than 5,000 square feet of soil disturbance," Yoel said.

Steve Vaughn, a land surveyor presenting for the applicants, said the proposal will result in a net decrease in lot coverage of about 300 square feet when the retaining-wall work and other changes are included, and that the proposed patio would not be closer to tidal waters than the existing patio. "We're proposing to repair a retaining wall that is leaning and to replace the driveway-side wall; none of the proposed improvements will be any closer to the water," Vaughn told the board.

The applicant proposed 427 square feet of mitigation in the buffer; staff said a buffer-management plan must be approved before building permits are issued. Board members asked about slope stability and construction materials. Vaughn said the proposed new retaining wall would be stronger and safer than the existing timber wall and would protect the slope and roadway runoff.

The board voted to approve the variance (VAAP 25-0178). The standard order will be prepared by staff and signed within 60 days; a 30-day appeal period will follow. The record shows the property has an existing home and pool and that a prior building permit had been issued for some work related to the property's renovation timeline.

Why it matters: The approved work addresses an identified safety issue (a leaning retaining wall) and reconfigures the pool patio while requiring mitigation to offset impacts to the critical-area buffer.

Next steps: Staff will require the applicant to submit a buffer-management plan and comply with any permit conditions before construction proceeds.