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St. Mary’s County board approves variance to allow home construction in critical-area buffer
Summary
The St. Mary’s County Board of Zoning Appeals unanimously approved a variance allowing construction of a single-family house and associated improvements on a 1.6-acre grandfathered lot constrained by critical-area buffers, requiring 3:1 mitigation and other environmental controls.
The St. Mary’s County Board of Zoning Appeals on April 10, 2014, voted unanimously to approve a variance allowing Robert and Brenda Grant to disturb the county’s critical-area buffer to construct a single-family dwelling and appurtenances on a 1.6-acre lot at 25905 Whiskey Creek Road in Hollywood.
The variance was sought from “section 71.8 0.3 of the comprehensive zoning ordinance,” staff told the board during the hearing. Ms. Shelley, the county zoning staff member who presented the report, said the lot is a grandfathered parcel recorded before the county adopted critical-area regulations in December 1985 and is “essentially fully wooded at approximately 97%.” She added the parcel is constrained by steep slopes, highly erodible soils and shoreline changes along Saint Thomas Creek, and that the proposed house location is “well above the slopes and out of the flood plain.”
The nut of the board’s decision was that strict enforcement of the existing buffer rules would prohibit any construction on the lot and thus impose an unwarranted hardship. Wayne Hunt, the professional land surveyor for the applicant, and Brian Norris of Cherry Cove Builders testified the house was sited on the only relatively flat portion of the lot and that the design minimizes disturbance.
Ms. Shelley told the board the site plan includes engineered stormwater management and erosion- and sediment-control plans, the Health Department approved locations for the septic reserve and well, and the Soil Conservation District had approved erosion controls. She said the Critical Area Commission was not opposed to the variance request. The staff report noted the applicant must provide mitigation at a 3:1 ratio of plantings to disturbed area.
Board members who spoke during the discussion described the parcel as “a peculiar lot” and said the applicants had reduced disturbance and provided appropriate stormwater controls. John Brown, board member, said the applicants had “done everything you can do for it” and praised the proposed water-management measures. Robert Moreland and Randy Guy also expressed support, calling the lot unique and saying the requested relief appeared to be the minimum necessary to allow reasonable use.
After discussion the board took a motion to approve the variance, finding the standards in section 71.8 0.3 of the St. Mary’s County Comprehensive Zoning Ordinance had been met. The board directed staff to prepare an order reflecting the decision; the order must be signed by the board within 30 days and provides a 30-day period in which an aggrieved party may appeal to circuit court.
Votes at a glance
- VAAP 05-3122 (Grant) — Motion to approve variance to disturb critical-area buffer to construct a single-family dwelling and appurtenances. Motion: (mover not specified); second: (not specified). Vote: unanimous in favor; board approved the request. Notes: mitigation required at 3:1 and required stormwater and erosion controls; Critical Area Commission not opposed.
Context and next steps
The approved lot is recorded as part of the Sotterley Manor subdivision and is zoned Rural Preservation with a Limited Development Area critical-area designation. Staff emphasized required mitigation planting, engineered stormwater systems, and approvals from the Health Department and Soil Conservation District will be conditions of the project. The board’s signed order will indicate the formal findings and the 30-day appeal window.
