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Board approves six-unit self-storage on County Road 46 A with tree-removal and drainage conditions
Summary
The board approved a use variance allowing six storage units on a sub-two-acre parcel at 3920 County Road 46 A, with conditions including no water/sewer, no septic, a requirement to remove certain trees while leaving stumps/roots, and agency clearances; neighbors raised concerns about drainage and traffic sight lines.
The Calvary County Board of Zoning Appeals approved Petition 25-04 on a unanimous roll-call vote, granting James Schmucker a use variance to operate a six-unit self-storage facility at 3920 County Road 46 A, subject to conditions addressing drainage, health department rules, and sight-line/tree mitigation.
Staff reported the 40-by-120-foot storage building contains six internal bays (each about 20 feet wide by 40 feet deep) with 12-by-12 overhead doors; the structure was built last summer and had been routed through technical review. The property previously received a lot-size variance (decided December 11, 2023) allowing the parcel to be under two acres. The proposed use variance formalizes the building’s use as a self-storage facility rather than personal storage.
Petitioner James Schmucker told the board he bought the land intending to build a storage building for personal use and later found demand for rental units; he said, “I intentionally bought this land to build a storage building on it for personal use.” The board’s proposed conditions, read into the record, included retaining board jurisdiction, approval limited to a six-unit self-storage facility, prohibition on installing septic or plumbing for water now or in the future, a requirement that no off-site drainage or existing tiled drainage be obstructed, and that no certificate of occupancy be issued until the applicant files written evidence of compliance with county agencies.
Multiple neighbors voiced concerns at the hearing. David Fisher (3847 County Road 54) asked whether additional acreage might be sold and whether future storage expansion would trigger retention-pond requirements; he expressed worries about a nearby tile and downstream drainage. David McWilliams (5326 County Road 37) urged the board to reject commercial conversion, saying, “This is a really bad idea especially to have this turned to commercial property,” and described safety concerns at the driveway including a roadway dip and limited sight lines that make entering County Road 46 A hazardous at times.
Staff noted the storage building’s routing through technical review did not produce drainage requirements for the current footprint, though larger future expansions might trigger drainage-board review. The Highway Department had previously permitted the driveway (permit dated Sept. 6, 2023), which staff said considered sight distance; board members discussed sight-line mitigation and asked the petitioner to trim or remove underbrush to improve visibility. The board added a condition requiring removal of certain trees along County Road 46 A while leaving stumps and roots in place (the condition was structured to reduce erosion risk while improving sight distance).
After discussion the board voted by roll call to approve the variance: Jason Carnahan — yes; Wayne Funk — yes; Andrew Provine — yes; Frank Palmer — yes. The board’s approval included the tree-removal condition and required written agency clearances (Board of Health, County Highway, Drainage Board, Surveyor, Soil and Water Conservation District) before any certificate of occupancy.
The approval formalizes the current six-unit self-storage operation but limits further expansion without additional approvals, and imposes conditions intended to address neighbors’ drainage and sight-line concerns.
Votes at a glance: Petition 25-04 — use variance for six-unit self-storage at 3920 County Road 46 A — approved (4–0).
