Rockville Board of Appeals grants rear-yard setback variance for porch at 501 Denham Road

The City of Rockville Board of Appeals on May 19 approved a zoning variance to allow a rear enclosed porch at 501 Denham Road, reducing the required 20-foot rear-yard setback to 16 feet 7.2 inches.

Christopher Davis, planner with Community Planning and Development Services, told the board that staff recommended approval with conditions. "Staff does recommend approval of this variance application, VAR 2025-124, to allow a rear yard setback of 16 feet 7.2 inches in lieu of the required 20 feet," Davis said, adding that the proposed covered porch would cover an existing uncovered wood porch and would not further encroach into surrounding properties.

The variance request stems from the lot's irregular, wedge-shaped configuration at the corner of Denham Road and Gilbert Road. Davis said the lot's shape, created by a Montgomery County subdivision in the 1940s and later annexed into the city, produces a narrower buildable area than neighboring lots. He said that, under the city's zoning requirements, the minimum rear yard setback in the R-60 zone is 20 feet and the applicant was requesting a 3-foot 4.8-inch reduction to permit the enclosed porch.

Homeowner James Maltese, the applicant, described practical constraints that led to the request, saying the project essentially covers the footprint of an existing deck and that alternative configurations were impractical. "I do want to give my sincere appreciation to the staff who were very just helpful explaining the process," Maltese said.

Board members asked whether other configurations were possible and about driveway access; Davis and the applicant confirmed the driveway is off Gilbert Road. During deliberation, Chair Alan Frankel said the lot's placement and shape made the request straightforward: "To me, this is a no brainer." The board then voted to approve the variance based on the findings and conditions in the staff report.

The motion to grant VAR 2025-124 was made and seconded and carried unanimously. The approval is subject to the findings and conditions listed in the staff report, including the preservation of existing building massing and matching exterior materials and roof form as shown in the submitted elevations.

The hearing record showed no written oppositions and no members of the public appeared in opposition. The board closed the hearing after the vote. The applicant and staff were advised to proceed with the city's permit process consistent with the approved variance and the conditions required by staff.