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Board of Appeals approves Rickett variance for small deck intruding into 100-foot critical-area buffer
Summary
The St. Mary's County Board of Appeals unanimously approved VAAP25-1801, allowing a roughly 384 sq ft deck at 21829 Rosebank Court with about 100 sq ft intruding into the 100-foot critical-area buffer; staff required a buffer-management plan and mitigation plantings before a building permit.
The St. Mary's County Board of Appeals on Nov. 19 unanimously approved a variance allowing a deck that intrudes into the county's 100-foot critical-area buffer at 21829 Rosebank Court in Leonardtown. The applicants, Kenneth and Terry Rickett, had requested relief from the county's critical-area rules so they could construct an approximately 384-square-foot deck with steps; staff said roughly 100 square feet of that footprint would lie within the 100-foot buffer.
Planner Stacy Clements told the board that the project site is 2.04 acres in the rural preservation district and that the plan had received zoning, flood-plain and health-department sign-offs. Clements said the proposed disturbance is under 5,000 square feet and therefore exempt from soil-conservation and stormwater-management requirements; the applicant proposed 1,152 square feet of mitigation and must have a buffer-management plan approved by land-use staff prior to a building permit.
Ken Rickett, sworn for testimony, described a freestanding deck with two footings that would be the only ground disturbance within the buffer. He said the deck was sited to preserve a door view toward Cherry Cove and that moving it uphill would have reduced that view. Board members confirmed the well-safety setback (10 feet) and discussed how an elevated deck is counted for impervious-area calculations when vegetation cannot grow beneath it.
After questions and no public testimony, Board member Bridal Weaver moved to approve VAAP25-1801, citing the standards in the county zoning ordinance (section 24.4 as referenced in the record). John Brown seconded the motion, and the board voted unanimously to grant the variance. Chairman George Hayden said staff will prepare a signed order within 60 days; a 30-day appeal period to the circuit court follows signature.
The board's approval included the requirement that the applicant obtain a buffer-management plan and satisfy mitigation obligations before receiving a building permit. The order and further instructions will be emailed to the applicants once signed.
