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Board adopts findings on remanded Rice garage-permit appeal
Summary
On court remand, the St. Mary’s County Zoning Board of Appeals adopted written findings supporting its earlier decision to reverse a planning director’s issuance of a garage-expansion building permit in ZAAP No. 7-0118 (Rice).
The St. Mary’s County Zoning Board of Appeals on March 24 adopted written findings of fact required by a court remand in the appeal of a planning director decision to issue a building permit to expand a garage on property owned by Christian B. and Michelle G. Rice.
The board did not reopen the hearing or take new evidence; county counsel and staff explained that the Court of Special Appeals directed the board to adopt an order with adequate findings to support the board’s existing decision. County attorney George Sparling told the board it was not being asked to reweigh evidence or reverse its earlier decision; rather, the court required more-detailed written findings consistent with the board’s prior decision.
Why it matters: the order implements the appellate court’s instruction and restarts the clock for any further appeals or motions for reconsideration; the board’s adoption makes the reversal of the planning director’s permit decision effective subject to the administrative appeal periods.
The motion to accept the written findings and order was made and seconded; three members who participated in the original decision voted to accept the written order. The chair noted the order will be signed by staff and that a 30-day period follows signature during which an aggrieved party may appeal to the circuit court.
Next steps: staff will prepare the signed order and mail copies to the parties. The board’s action does not by itself reopen the matter; any party who wishes to challenge the decision further must use the judicial or administrative remedies available.
