Howard County hearing examiner signals intent to grant Hartka variances for garage and sheds

Howard County Hearing Examiner Catherine Taylor said she plans to grant several variances requested by Theodore and Nancy Hartka to allow construction of a 22-by-30-foot attached garage and to recognize two existing sheds that encroach into setback areas.

The variances seek to reduce the required 10-foot side-yard setback to 5 feet for the proposed attached garage, which the applicants propose to place on the south side of the property. Jennifer L. Harrison, who is assisting the homeowners, told the examiner the property is narrow compared with other lots on the block and that many neighboring homes have attached garages. "We're here today representing the Hartka. They're requesting to build a 22 by 30 foot attached garage to their existing ranch home," Harrison said. She added the applicants "are also requesting the minimum encroachment into the setback to afford relief."

Taylor identified the record materials — the petition, revised plans and comments filed with the Department of Planning and Zoning (DPZ) — and questioned details in the file, including a DPZ/DED comment dated Oct. 23, 2024 that she said contained a typographical error about the extent of encroachment. The examiner noted the record showed a five-foot encroachment into a 10-foot side setback (not four feet) and that the comment's language about detriment to the neighborhood appeared to contain a mistaken negative word; she said the correct reading supported that the garage would not be detrimental to the neighborhood. "I agree that the...variance here is reasonable," Taylor said, adding the requested relief "is the minimum necessary to afford relief, [and] will not impair or be detrimental to the neighborhood."

The petition also includes two existing storage sheds that were described in the hearing as measuring about 7 by 15 feet and 12 by 12 feet; Harrison told the examiner those sheds have been in place for roughly 15 to 20 years. The sheds were described as not being on permanent foundations. Taylor confirmed site features noted on the survey: a 5-foot utility easement at the rear of the lots and a stone garden border that had been described in the file as a wall; she characterized the stone feature as a garden border rather than a structural retaining wall.

Harrison said the driveway under the proposed garage footprint is existing asphalt that will be removed for construction, and that the remainder of the driveway will remain as shown on the plans. The proposed garage will be attached to the ranch-style house on the south side, she said.

Taylor announced she will grant the variances but cautioned that the decision does not become effective until she issues a written order. "So I'm gonna let you know that I will grant the variances. However, that, this decision does not become effective until I issue a written decision and order," Taylor said, adding she has 30 days to issue the written decision and that the deadline may be extended slightly because she will be on vacation for two weeks.

Attendees listed in the record included Hearing Examiner Catherine Taylor; Jennifer L. Harrison, who assisted the homeowners; Richard V. D. Campbell, identified as the builder; and petitioner Theodore Hartka. The record also notes certification of posting and publication submitted to DPZ and comments from DED dated Oct. 23, 2024.

The examiner's oral announcement constitutes a statement of intent; the final legal effect, including the official effective date of any variance, will follow the written decision and order Taylor issues within the time allowed by the hearing process.