Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Critical Area Variance topic
No spam. Unsubscribe anytime.
Board approves variance to disturb critical-area buffer for two decks at Sotterly property
Summary
The St. Mary's County Board of Zoning Appeals approved a variance allowing two decks to be built within the 100-foot critical-area buffer at 44480 Sotterly Wharf Road, with a 3:1 mitigation planting requirement and conditions tied to an approved Critical Area Planting Agreement.
The St. Mary's County Board of Zoning Appeals on the evening of the meeting approved a variance allowing construction of two decks that will disturb the 100-foot critical-area buffer at 44480 Sotterly Wharf Road in Hollywood.
The board granted the variance after staff told members the house — built in 1935 and entirely inside the buffer — and the site’s existing conditions preclude improvements without relief. Yvonne Shlai, Zoning Administrator for St. Mary's County, told the board staff reviewed the variance standards and recommended approval subject to mitigation and a planting plan.
The applicant said one deck will be about 10 by 10 feet to enlarge an existing deck on the north side; the second deck will link two entrances on the house’s south side and was described in the hearing as roughly 220 square feet. Shlai said the total disturbance is approximately 1,000 square feet and the applicant must mitigate at a ratio of 3 to 1 (3,000 square feet of mitigation plantings) per section 24.4.2b of the county ordinance.
A board member moved to approve VAAP 10-1107, finding the standards in section 71.8 0.3 of the St. Mary's County Comprehensive Zoning Ordinance were met, and to attach conditions requiring an approved planting plan and compliance with the Critical Area Planting Agreement. The motion was seconded; the board took the voice vote and the chair announced the motion passed. Staff will prepare a written order for signature within 60 days. The order will be subject to the county’s 30-day appeal period once signed.
The board and staff noted the decks will have spacing between boards so the state will not count them as additional lot coverage, and that Palmer, the environmental planner, will work with the applicant on the planting plan if the permit is issued.
As a procedural note, the board recorded that the variance application had been advertised in the Enterprise on April 13 and April 20, 2011.
An order reflecting the board’s decision will be prepared and mailed to the applicant when signed.
