Board recognizes two long-standing Westminster dwellings as lawful, approves lot reconfiguration and variances

The Carroll County Board of Zoning Appeals recognized two existing dwellings that straddle original lot lines in the Hollow Rock addition to Westminster as lawful nonconforming residences and approved a modification of nonconforming use with variances to reconfigure the lots so each dwelling will be on its own parcel.

Case No. 6558 was presented by counsel David K. Bowersox and developer/manager Alex Krinsky. The application seeks recognition that two houses were lawfully constructed before zoning records and asks the board to permit a horizontal lot split so each house would be situated on a separate lot. Planning materials in the record include a 1942 plat of the subdivision, a 2006–2024 agency email trail, and a boundary survey prepared by DRS Associates.

DRS Associates’ Dan Staley testified that the 1942 plat and an April 1963 aerial show both houses present prior to modern zoning, and county permits and assessment records support the position that both dwellings are long-standing. The applicant introduced a boundary survey that would retain each lot’s original area while changing the axis of division (from lengthwise to cross-lot), producing two parcels roughly 4,888.68 square feet each — smaller than the R‑10,000 zoning standard. Staley and county planning memos noted that the proposed reconfiguration would not change on-the-ground conditions other than property lines.

Neighbors and interested parties spoke at the hearing. Mark Babbin, a neighbor who identified his address as 126 City View, said he was concerned about proximity of a garage to the existing property line and asked whether changes could affect access to the alley known as 40 Eighth Street; he also raised concerns about potential asbestos in the rear house siding. The applicant stated both water and sewer connections are in City View and that separate water valves exist; however, a direct sewer trace from the rear house to the street had not yet been completed and would be required before boundary work proceeds.

City and county agency correspondence in the file notes that a new water-and-sewer allocation application is required and that allocation is first-come, first-served; the city indicated allocation would not be approved until zoning issues were resolved. Permits & Inspections staff told the record that both dwellings would be considered approved dwellings based on available records. The Carroll County planning staff reviewed the proposal for consistency with the county master plan (2019) and found it consistent with the code provisions that allow limited expansion/recognition of lawful nonconforming uses.

After hearing testimony, the BZA voted to (1) recognize the existing structures on Lots 20 and 21 as lawful residences and (2) approve the application to modify the nonconforming use and grant variances for minimum lot width and area so that each dwelling would be on its own lot. Board members discussed concerns about setting a neighborhood precedent for future subdivisions but noted the hearing record emphasized these are existing structures, not new construction. The oral decision will be followed by a written decision within the board’s standard 30-day period; the board advised that any appeal would be to the Circuit Court for Carroll County under Maryland Rules of Procedure Chapter 200, Title 7.