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Deep Creek BZA approves Blackthorn Cellars farm-winery special exception with conditions after neighbor safety concerns

Deep Creek Watershed Board of Zoning Appeals · January 28, 2025
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Summary

The Deep Creek Watershed Board of Zoning Appeals approved Michael Owen’s application for a farm winery, tasting room and catering facility (special exception 5-11) at 2781 Sandflat Road, imposing standard conditions on outdoor entertainment, lighting and parking after neighbors raised traffic, dust and access safety concerns.

The Deep Creek Watershed Board of Zoning Appeals voted to approve a special-exception application from Michael Owen, trading as Blackthorn Cellars, to operate a farm winery with a tasting room and occasional outdoor events at 2781 Sandflat Road.

Chairman Bruce Swift opened the public hearing and heard testimony from the applicant, county staff and an adjoining neighbor before moving to deliberation. Owen told the board he plans to plant grapes, make wine on site and operate a tasting room with indoor and outdoor seating. He said typical hours would be limited "most likely, you know, operating 12 to 6 type of hours," and that events would be occasional. The applicant said he aimed to site facilities away from neighbors, that the nearest residence is about 1,200 feet away, and that county parking and entrance requirements have been submitted.

Neighbors testified against the exception on safety grounds. George Holstner said the primary concern was access: "The biggest problem I have is not with the winery or anything like that. It's we've got 3 roads that are together ... You could have 3 or 4 cars trying to get on the road at the same time, and it's just an unsafe situation," and he warned that additional event traffic would increase dust and danger on the narrow dirt approaches.

In rebuttal, Owen said he had attempted neighborhood outreach, would make modest driveway improvements to improve turning clearance, and confirmed the county requires a paved entrance apron; he also offered signage and to adjust a gate to improve egress. Zoning staff noted a written comment from Dana Richards asking for specifics about existing and planned agricultural practices and product sourcing.

During deliberation, board members focused on limiting nuisance impacts. The board agreed to require standard controls for outdoor live entertainment and downward-directed lighting to prevent light trespass, to require parking and capacity to meet county standards, and to require the applicant to meet county entrance and stormwater conditions (including paving the entrance apron). The board discussed whether to adopt the applicant's stated hours or the usual operating limits; members decided to apply the board’s standard conditions for entertainment and lighting while making note of the applicant’s stated intent.

The board approved special exception 5-11 with those conditions by unanimous voice vote. The approval is subject to the applicant obtaining any required county permits, health-department approvals and any state liquor licensing required for on-site sales and catering.

Next steps: the board will issue a written set of conditions and the applicant must secure building permits, any state farm-winery licenses and the county entrance permit before operations can begin.