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ZBA approves subdivision variance to split two existing houses in rural-preservation district
Summary
The St. Mary’s County Zoning Board approved a variance to allow subdivision around two existing dwellings on a 2.1-acre rural-preservation property so each house can be on its own lot; the board added a limited amendment to the proposed written findings before adoption.
The St. Mary’s County Zoning Board of Appeals on March 24 approved a variance to section 32.1 of the county’s comprehensive zoning ordinance allowing subdivision around two existing single-family dwellings on a 2.1-acre property in the rural preservation district, enabling each dwelling to be put on its own lot.
The applicants were identified in the record as Leonard and Margaret (record shows variants of last name: Wathen/Walton) with applicant Deanna ("Dee") Young; the agent was William (Bill) Higgs, professional land surveyor with LSR Incorporated, who summarized the variance standards for the board. The property is located at 42165 and 42155 Medleys Neck Road in Leonardtown in the Third Election District; staff said the property previously complied with density rules when the older home was built and recommended approval because practical difficulty resulted from a later change in density rules (from 1 unit per acre to 1 unit per 5 acres in the rural preservation district).
Board discussion and amendment: board members reviewed staff’s recommendation and the draft written findings. One board member asked that the last sentence of paragraph 4 of Section 5 be deleted from the findings; the applicant’s agent said the neighbors’ access/right-of-way issue had been resolved. The board accepted the amendment and then moved to adopt the findings and the order.
Why it matters: the decision enables financing and replacement of an older dwelling because the lender required separate lots for the existing principal structures; staff said approval would not permit any additional dwelling units beyond the two existing houses and that all agency approvals otherwise required for recording the subdivision were in place.
Conditions and clarifications: staff and the agent noted a recorded well-sharing agreement covers joint use of an existing shared well; the health department may later require separate wells if replacement is needed. The board directed staff to prepare a signed order; the chair reminded the parties that a 30-day appeal period follows the order’s signature.
Next steps: staff will prepare the order for signature and mail it to the parties; the board’s staff estimate was to prepare the signed order within 60 days.
