Board of Appeals holds open variance request for 2405 Lewisdale Drive in Hyattsville

At its July 2025 meeting, the Prince George's County Board of Appeals held open a variance request by petitioner Jose Angel Reyes Gutierrez seeking a waiver of the parking area location requirement to permit a 20-by-31-foot driveway at 2405 Lewisdale Drive in Hyattsville.

The board said it needed technical assistance from county staff to determine whether the petitioner’s lot is physically unique compared with nearby parcels — a required finding under the county zoning ordinance before a variance can be granted. Vice Chair Johnston moved to hold the case open; a fellow board member seconded the motion and it passed 3-0.

Petitioner Jose Angel Reyes Gutierrez testified that the driveway is intended to reduce vandalism and theft of tools from his vehicle. Through a court-certified Spanish-language interpreter, Ernesto Luna, Gutierrez said, “my tools have been stolen on several occasions” and that the driveway is intended to “protect our vehicle.” He described nighttime parking shortages on the block and said his property currently has no driveway.

Board members questioned whether Gutierrez’s lot is uniquely configured compared with adjacent lots. "There is no uniqueness in the property," Vice Chair Johnston said while reviewing aerial photos and lot diagrams submitted to the board. Inspector Swan, who reviewed aerials, told the board the petitioner’s plan could run into issues if a downsized driveway placed surfacing too close to a property line.

The board administrator explained the legal standard for variance relief and referenced legislative history from council bill CB17-2021 in clarifying what qualifies as uniqueness. The administrator said examples of uniqueness could include an easement, an on-site storm drain, or a side of a lot narrower than adjacent parcels that would prevent a driveway being installed in the same way as neighbors.

Given remaining questions about whether neighboring properties obtained variances or had different conditions when their driveways were installed, the board opted to hold the record open and request a written report from the Department of Permitting, Inspection and Enforcement (DPIE) rather than receive additional testimony that evening. The board said the written DPIE report would not require another hearing and staff would follow up with the petitioner once the report is complete.

No final determination on the variance was made at the meeting. The board recorded the motion to hold the case open as carrying 3-0. The meeting record shows the petitioner was excused and the board moved on to approve minutes and adjourn later in the session.

The petitioner’s request and the board’s hold-open are now pending the DPIE technical report; the board will issue a written decision after reviewing that staff report.