Board approves variance for detached deck in critical-area buffer at Leonardtown property

The St. Mary's County Board of Appeals on Feb. 13 approved a variance allowing the construction of a detached, 20-foot-diameter deck within the 100-foot critical-area buffer at 40026 Ben Morgan Road in Leonardtown.

The approval came after a staff presentation and testimony from the applicants, Elizabeth and Jason Soller, who said the house — an approximately 100-year-old former oyster-shucking house on Combs Creek — is largely within the critical area and that available area outside the buffer is limited by a 2016 septic field. The board voted unanimously to grant relief from Saint Mary's County Comprehensive Zoning Ordinance section 71.8.3 to permit disturbance of the critical-area buffer for an at‑grade, detached deck and steps.

Staff described the application, said public notice and certified mailings were completed, and noted that the project will require a buffer/planting plan and a critical-area planting agreement approved by Land Use and Growth Management (LUGM) staff before a building permit can be issued. The applicant told the board the deck would be built on above‑ground post mounts, would not require tree removal, and would be constructed to allow water flow through decking slots. A witness, Andrew Samworth, described the deck as low‑profile — roughly 1–2 feet high at the high point and up to 3–4 feet at the downslope end — and said the sloping across the 20-foot span is slight.

Board members questioned setbacks, lot coverage and the meaning of “non‑water dependent” used by the Critical Area Commission; staff and the applicant answered that the deck would be detached, built to minimize soil disturbance, and that LUGM and the Health Department had approved the site plan for zoning and floodplain requirements. The applicant said they were prepared to mitigate with native plantings and that the septic system location limited options for an attached deck. The applicant and staff noted the Soil Conservation and Stormwater reviews were not required because disturbance was below the 5,000-square-foot threshold for those reviews.

Ronald Payne moved to approve the variance (motion text recorded in the minutes). A second was made and the board voted unanimously in favor. Staff will prepare the written order for the board to sign within 60 days; a 30‑day appeal period follows the signature date.

The order will require the planting and an approved buffer management/planting plan and the execution of a critical-area planting agreement prior to building-permit issuance. The exact amount of mitigation referenced in the hearing transcript was not stated clearly; staff must record the precise mitigation acreage or square footage in the final order and in permit conditions.