St. Mary’s County Planning Commission allows sale of Dubach family lot in critical-area overlay

The St. Mary’s County Planning Commission voted unanimously Sept. 29 to authorize sale of Lot 1 of the Dubach subdivision (CP25‑0117), a 5‑acre parcel in the Resource Conservation Area critical‑area overlay that had been created in 2002 as an intrafamily transfer.

The commission found the criteria in the county zoning ordinance for lifting an intrafamily transfer restriction had been satisfied and authorized the planning director to sign the plats and documents necessary to memorialize the approval. The commission recorded six aye votes in roll call.

The commission heard from county planning staff and the applicant’s representative that Lot 1 was created in 2002 under the intrafamily provisions of the county’s zoning ordinance and has remained in the Dubach family. Staff summarized the legal standard the commission must apply, quoting the zoning ordinance language that an exception may be granted only if the lot was created as a bona fide intrafamily transfer and a legitimate change of circumstance has occurred.

The applicant’s representative, Steve Vaughn of Leonardtown, summarized the family circumstances presented to the commission: deaths in the Dubach family, family members relocating out of state, and the statement that no immediate family member wished to live on the lot. Neighbors were sworn and given an opportunity to speak; one adjacent property owner asked whether the lot could be subdivided further and was told the critical‑area rules and the lot’s zoning prevent further subdivision and permit only accessory structures.

Deputy county attorney John Sterling Hauser explained to commissioners that they are not required to collect notarized releases from every possible family member. Instead, he said, the commission must determine whether a change in circumstances makes lifting the restriction reasonable and whether the original intrafamily transfer was not a deliberate attempt to evade subdivision limits.

After deliberation, a commissioner moved and the commission voted to authorize conveyance of Lot 1 to anyone other than a member of the immediate family of Franziska Dubach and Carl H. Dubach (now deceased), and to authorize the planning director to sign all necessary plats and documents. The motion was approved on roll call: Judy Filius — aye; Connor Loughran — aye; Jay Cousineau — aye; Joe St. Clair — aye; Patty Robrecht — aye; Lynn De LaHaye — aye.

The commission’s action allows the owner or trustee to convey the parcel to a nonfamily buyer; it does not change the parcel’s zoning or critical‑area protections, and staff noted in the hearing that the lot’s existing zoning in the Resource Conservation Area restricts future subdivision potential.

The commission entered the staff report into the record as Exhibit 2 and closed the item after the vote.