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Board affirms county enforcement against property operating as short-term units at 1103 Birkton Road
Summary
The Board of Appeals affirmed Prince George’s County code-enforcement findings and sustained zoning violations for 1103 Birkton Road in Hyattsville, concluding the property was being operated in a manner consistent with a rooming/boarding house and a business without required use-and-occupancy approvals.
The Prince George’s County Board of Appeals on May 7 affirmed county code enforcement actions finding multiple zoning violations at 1103 Birkton Road in Hyattsville and denied the property owner’s appeal.
Inspector Charles Graham of the county’s code-enforcement unit presented photographs and internal findings showing that portions of the residence had been converted into multiple units with kitchenettes and full bathrooms. Graham testified the property displayed signage and an emergency-exit plan for a commercial operation and that online listings (Airbnb) indicated the property was being used to host short-term guests. “Inside all of these rooms are a full bathroom, a full kitchen with stove, refrigerator, and microwave,” Graham told the board as he showed interior photos.
County counsel asked the board to sustain four categories of violations: operation of a business from the residence, conversion to a rooming/boarding house without proper use and occupancy, conversion-related zoning violations, and lack of a use-and-occupancy permit for the commercial operation. The county also filed a motion to dismiss the appeal as untimely; the board heard argument on timeliness but elected to consider the substantive case.
The owner, who identified himself as Fidelis Chandy (appearing with counsel Richard Williams), said he had applied for and previously held short-term rental approvals and had completed construction with permits, and he asked the board to grant a grace period or otherwise allow continued short-term rental operation while outstanding issues were addressed. County staff said parking and homeowners-association requirements were unresolved and that conversion of the property to multiple sleeping units constituted zoning violations.
After hearing testimony and argument, Board member Stanton moved to affirm the county’s decision; the motion carried 2-0. The board instructed staff to prepare a written order; county staff and Office of Law representatives said they would follow up on the next administrative steps once the order is issued.
Votes at a glance: Motion to affirm DPIE enforcement (v86-24) — moved by Board member Stanton; seconded; roll call vote 2-0 to affirm.
