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BZA denies variance for detached accessory dwelling at Warfieldsburg Road
Summary
The board denied a request to allow a detached accessory dwelling on a 2.5-acre lot located 290 feet from the principal dwelling and less than the 3-acre minimum required by county code, citing large departures from code intent and recent ADU rules.
The Carroll County Board of Zoning Appeals voted to deny variances sought to construct a detached accessory dwelling unit (ADU) on a 2.5-acre parcel at 64 Warfieldsburg Road in Westminster.
Applicant Todd Krauss testified he intended the approximately 988-square-foot, two-bedroom accessory dwelling for his son to live nearby. Dan Staley of DRS Associates described plan constraints driven by septic replacement areas and a new well. The applicant said the proposed ADU location would be about 290 feet from the principal dwelling and that the lot size is 2.5 acres; the county code requires ADUs on parcels of more than 3 acres and typically within 50 feet of the principal dwelling.
Board members expressed concern that the requested variances represent a large deviation from the code's intent. Members noted the ADU ordinance had recently been relaxed to allow detached units, but the spirit of that change was to keep ADUs in close proximity to primary dwellings. One board member cited prior approvals where the separation was substantially less (for example about 104 feet) and said 290 feet was nearly the length of a football field, which the board found inconsistent with the policy change. The motion to deny the variances carried on a voice vote. The board's oral denial will be followed by a written decision within 30 days; appeal rights to the Circuit Court for Carroll County were noted.
