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St. Mary's County board approves after-the-fact deck, stoop and walkway variance for Hollywood property
Summary
The St. Mary's County Board of Appeals approved a variance allowing a 12-by-20-foot deck and after-the-fact stoop, stairwell and walkway within the critical area buffer at 24810 Half Pone Point Road in Hollywood, subject to mitigation, quarter-inch deck spacing and a buffer management plan.
The St. Mary's County Board of Appeals on Dec. 11 approved a variance allowing new impervious surface and disturbance within the county critical-area buffer for property owner Leon Anderson at 24810 Half Pone Point Road in Hollywood.
County planning consultant Robin Guider, representing Anderson, told the board that the new deck would be 12 feet by 20 feet and that "the wood would be at least a quarter of an inch apart, so that the water would drip down through the wood." Guider also said Anderson has paid a fine and posted a bond for potential removal of after-the-fact improvements.
Planning staff supported the variance. In its presentation staff said the lot and the existing house lie almost entirely within the 100-foot critical-area buffer and concluded "the unwarranted hardship is a fact that the house is in the buffer," meaning improvements to the house require a variance. Staff noted the applicant had paid the fine and posted a bond and had agreed to mitigation required by law. Staff recommended approval subject to mitigation at a 3:1 ratio and adherence to the county's critical-area planting agreement and buffer management plan.
During discussion the applicant's consultant explained that the original home was removed and a new house was rebuilt on the former footprint and that some side stoops, a stairwell to the basement and a portion of a walkway were installed after construction without being shown on the approved site plan. The consultant said the property's septic location constrained moving the house farther from the buffer.
A motion to accept the staff report as findings was made and the board then voted to approve the variance "to add impervious surface in the critical area buffer and to disturb the critical area buffer to construct a deck and steps, and for approval of an after the fact stairwell, stoop, second story deck and walkway," subject to the critical-area planting agreement, buffer management plan and the quarter-inch spacing between deck boards. The board advised the applicant a 30-day appeal period follows the date the order is signed.
The board record shows the applicant removed the previous house footprint, posted a removal bond and paid a fine before seeking approval for the after-the-fact improvements. Staff emphasized that while decks with open spacing are not counted as lot coverage, disturbance of the critical-area buffer nonetheless requires a variance.
