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Saint Mary’s County board approves Bowles variance to build over existing foundation in critical area buffer
Summary
The Saint Mary’s County Board of Appeals approved a variance allowing construction of a single-family home over an existing foundation on a waterfront lot in the critical area buffer at St. George’s Island. The board found variance standards met after hearing testimony from the applicant’s representative and county staff.
The Saint Mary’s County Board of Appeals on April 14 approved a variance allowing the construction of a single-family home over an existing foundation that lies in the county’s critical area buffer on St. George’s Island.
Board Chairman Dan Nikniaowski opened the hearing and staff presented project details showing the owners, Shelby and Susie Bowles, purchased an 18,677-square-foot waterfront lot with an existing permitted foundation. Stacy Clements, county staff, said the application sought a variance from section 71.8.3 of the comprehensive zoning ordinance to disturb the critical area buffer to build a residence on that foundation.
John Morris, a local builder representing the Bowleses, told the board the foundation was installed after permits were applied for in February 2006 and constructed in February 2008 as a replacement dwelling after Hurricane Isabel destroyed prior structures. Morris said the proposed house would sit on the existing foundation with a limited 10-by-14-foot exterior stair extension beyond the foundation to provide a second means of egress and allow for a future exterior lift if needed. He said mitigation for lot-coverage increases outside the buffer would be $6,751 and that Metcom and other agencies had approved the plan pending a few remaining sign-offs.
The applicant argued the request met the five critical-area variance standards cited in the county ordinance, including that (1) special conditions exist because of the previously permitted foundation, (2) strict enforcement would deprive the owners of rights commonly enjoyed by similar properties, and (3) the variance is the minimum necessary to achieve reasonable use. Morris also referenced a January 14, 2022 letter from the Critical Area Commission noting no opposition to a variance if the board finds the variance standards satisfied.
Board members asked technical questions about the foundation and soils testing. Morris and others described a full in-ground foundation with footings installed in 2008 and noted a soils-engineering report and compaction testing were included in the permit materials to demonstrate structural suitability. Stacy Clements said disturbance on the site would not exceed 5,000 square feet and therefore would not trigger additional stormwater management requirements.
After closing public testimony, the board voted to approve the variance. The board directed staff to prepare an order reflecting the decision to be signed within 60 days; a 30-day appeal period to the circuit court follows the signed order.
Less-critical administrative details: Susie Bowles was present at the hearing; the applicant clarified the proposed home would be a one-story living area above the garage level rather than the previously permitted two-story design.
