Board of Appeals reaffirms variance for Riverwood Farm lot after health-department septic clarification

The St. Mary's County Board of Appeals on April 9 affirmed its earlier December approval of a variance for a Riverwood Farm lot in Mechanicsville that will allow clearing and grading tied to an initial and future septic reserve area.

The action reaffirmed a variance from Section 71.7 and Section 71.8.3 of the St. Mary's County Comprehensive Zoning Ordinance to disturb steep slopes and to clear vegetation and add lot coverage within the critical area buffer to construct a single-family home at 27215 Cat Creek Road.

The vote came after staff explained the board previously approved the plan in December but returned the case for reconsideration after Environmental Health revised its position. Yvonne Schley, Zoning Administrator, told the board that Environmental Health later concluded septic reserve areas must be a minimum of 25 feet from steep slopes and that, because much of the lot is steep and highly erodible, grading the proposed septic reserve areas would be necessary to comply with state requirements. Schley said staff found the standards for granting a critical-area variance were met and recommended approval subject to a planting agreement and other conditions.

Bill Higgs, Professional Land Surveyor with LSR Incorporated and the agent for the owner Golden West Construction, told the board the project will follow the site plan previously presented in December and that the cleared areas would be replanted after construction. Higgs said a geotechnical evaluation had previously recommended pervious pavers for driveways but that soils would not support them; the applicant will use an alternative driveway surface and staff clarified the final motion does not require pervious pavers.

The board approved the motion to grant the variances subject to conditions that include adherence to the critical-area planting agreement at a 3:1 mitigation ratio for the square footage of variance granted and environmental review of buffer mitigation by county staff. The board noted the applicant must replant disturbed areas once construction is complete and may plant in the same area designated for the future septic reserve after grading is finished.

Board members present heard there was limited buildable flat area on the roughly 2-acre lot and that staff determined an unwarranted hardship standard had been met because, without the variances, the property could not be developed as proposed. The board advised the applicant that an approved order would be signed and mailed; any appeal by an aggrieved party must be filed to the circuit court within 30 days of the order’s signature.

The board’s approval reaffirmed the December findings with the additional condition reflecting the health department’s requirements and the planting/mitigation conditions stated in staff’s recommendation.