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BZA grants special use and variances allowing farm mobile home for Thomas family to remain

3000883 · April 15, 2025
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Summary

The Board approved a special-use exception and three variances that legalize an existing farm mobile home on property owned by William R. Thomas Jr. The decision clears a title issue so the owner can proceed with a pending agricultural land-preservation easement.

The Caroline County Board of Zoning Appeals on April 15 approved a special-use exception and three variances to legalize an existing farm mobile home on property at 23211 Hogg Creek Road, Preston, owned by Christy H. and William R. Thomas Jr.

County staff said a building permit was issued in February 2004 to replace an earlier dwelling and that the present mobile home does not meet the current code setbacks for farm mobile homes (including the 200-foot-from-farm-building provision and the requirement that the mobile home not be closer to the public road than the principal farm residence). The applicant told the board the structure has been at the location for decades and that the family’s participation in the Maryland Agricultural Land Preservation Foundation easement program depends on resolving the nonconformity.

The board considered the special-use criteria under Section 175-66 of the county code for farm mobile homes and the variance criteria under the zoning chapter. The applicant’s attorney described the occupant as a family member who provides security and daily monitoring for multiple poultry houses and elderly family members; staff confirmed the occupant does not derive more than half her income from employment on the farm, which is one of the special-use criteria.

After deliberation the board voted to approve the special-use exception and the requested variances (location closer than 200 feet to farm buildings; location closer to the county road than the principal farm residence; and location less than 100 feet from adjacent property lines). The approvals were made with the standard staff recommendations and will be memorialized in the planning record; the applicant will proceed with required documentation for the land-preservation easement process.

Motion and outcome: The board moved and seconded approval of application 25-0009 (William R. Thomas Jr.) for the special-use and for the variances under Section 175-66; the board approved both items and recorded the decision in the public hearing record.

Next steps: With the BZA approvals in the record the property owner and the Maryland Agricultural Land Preservation Foundation can proceed toward finalizing the easement and the associated settlement documents.