Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Critical Area Garage Variance topic
No spam. Unsubscribe anytime.
Board approves garage variance for Nally Road property despite Critical Area Commission opposition
Summary
The Board of Appeals granted a variance to allow clearing and new impervious surface in the critical-area buffer for a detached garage at 45105 Nally Road, finding the applicant met hardship standards; staff required mitigation and silt-control measures.
The St. Mary’s County Board of Appeals voted on Sept. 25 to grant a variance under section 71.8.3 of the county’s Comprehensive Zoning Ordinance to allow clearing and construction of a detached garage at 45105 Nally Road in Hollywood.
Staff reported the 2-acre lot is largely wooded and constrained by the expanded critical-area buffer because of steep slopes and hydric soils. The applicant, Thomas (surname transcribed as Schulman/Schuhl), proposed locating a single-story detached garage with a small workshop near the existing driveway to minimize impacts and place the structure as far from the water as practicable.
Staff recommended approval with conditions, noting the Health Department and Soil Conservation District had approved the technical aspects and that the applicant proposed a relatively small footprint. The Critical Area Commission opposed the variance, stating that the applicant had not demonstrated an unwarranted hardship. Staff said the applicant would be required to plant mitigation at a 3:1 ratio for vegetation cleared in the buffer and that silt fences and other soil-conservation measures would be required during construction.
After accepting the staff report of findings, the board moved to approve the variance, making the finding that the standards for granting a critical-area variance and the objectives of section 24.4 of the St. Mary’s County Comprehensive Zoning Ordinance had been met and that the applicant had overcome the presumption that the proposed activity did not conform with the critical-area law. The board instructed staff to prepare an order reflecting the decision; the order will be signed and mailed to the applicant, and a 30-day appeal period follows the signed order.
No members of the public testified for or against the application during the hearing. The board’s approval includes the standard construction-season soil controls already required by the Soil Conservation District and the staff requirement for mitigation plantings.
