Caroline County BZA approves variance to enclose existing front stoop at Crownstone Road home

The Caroline County Board of Zoning Appeals on Jan. 21 approved a variance request (application 24-0044) permitting the enclosure of an existing front stoop and reuse of an existing 9-by-21½-foot foundation at 19230 Crownstone Road in Marydell, Maryland, the board said.

The variance was requested by Castillo Vasquez on behalf of the property owner and was granted with conditions that require a zoning certificate or building permit and related documentation before development begins. "The variance application 24044 be approved," Chair Karen Hardy said when she moved the motion; the motion included the stipulation that the board's decision "shall be void 1 year from the date of approval unless a plat is recorded or zoning certificate and or building permit is issued, and construction has begun in accordance with the terms of the decision." The motion passed after three board members voiced approval.

The board's staff explained why the variance was necessary. Matt Kaczynski, planning staff, told the panel the department received a building-permit application for renovations that would enclose an existing footprint and add a covered porch. "We informed the owner that a variance would be required because the additions are located within their front yard setback," Kaczynski said.

The applicants told the board the work was prompted by water intrusion and mold inside the dwelling. They described the proposal as a reuse of an existing foundation and replacement of a previously removed stoop rather than an outward expansion of the house. In their written application and oral testimony, the applicants described an existing nonconforming structure built before the county's zoning regulations and said the proposed work would allow remediation of water and mold problems and modestly increase usable living space.

During deliberations the board considered the statutory variance criteria: whether the hardship arises from conditions unique to the property, whether the hardship was created by the applicant, whether granting the variance would harm the neighborhood, and whether the variance requested was the minimum necessary. Members noted the house was built in the 1950s and predates current setback requirements; several members said the small number of older houses in that part of the county made the circumstances less likely to be widely recurring. The board also recorded that the property is not in the county's critical area.

The staff report and exhibits provided to the board included the public-notice posting in the Times Record, a revised site plan and building plans, health-department approval, and a State Department of Assessment and Taxation property sheet. Kaczynski told the board the health department had approved the project and building plans had been approved by the plan reviewer identified in the record as "First State." The board's approval requires the applicant to secure required permits and to meet the conditions listed in the staff report before construction.

In addition to the variance vote, the board subsequently approved a separate critical-area decision on the Ewing matter during the same meeting.

The board closed its meeting after approving the variance and related items; the applicants and public were informed they may call the planning and codes office the next day for the written decision if they left before the end of deliberations.

Copies of the board's decision and the staff report are part of the official record for application 24-0044. The board noted the decision will lapse if the required recording or permit and commencement of construction do not occur within one year of approval.