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Deep Creek Watershed BZA grants variance VR844 for porch roofs at 43 Acorn Lane
Summary
The Deep Creek Watershed Board of Zoning Appeals voted unanimously to grant variance VR844 to allow two porch roofs over an existing deck at 43 Acorn Lane in Swanton; the record included a DNR letter of no objection and testimony that the lot’s size and missing developer "buy down" create practical hardship.
Acting Board Chair Steve Nagy said the Deep Creek Watershed Board of Zoning Appeals granted variance VR844 on a unanimous vote Friday after hearing testimony and noting a Natural Resources Department letter that raised no objection.
The variance, listed in the record as VR844, applies to property at 43 Acorn Lane, Swanton (Tax Map 59, Parcel 602, Lot 10), in the Lake Residential 1 district. Zoning Administrator Bruce Metz read the application and said the request was submitted to permit construction of two 16-by-16 porch roof assemblies over an existing deck that would extend toward the rear property line.
Bruce Swift of RPM Construction, who said he was representing the Mark Acreporia Legacy Trust, told the board the application sought relief from the 40-foot rear-yard setback and asked for a 21-foot reduction. Swift said he had not had a survey when filing the application and that the surveys now before the board show the proposed covered areas "won't encroach more than 24.5 feet." He added that the lot is ‘‘substantially substandard in size at 0.787 of an acre and 125 feet in width’’ compared with the ordinance minimums he cited of 1 acre and 150 feet, and argued that the unavailability of an original developer "buy down" constituted a practical hardship. "The fact that the buy down was not available to the trust in and of itself constitutes a significant hardship and practical difficulty in this application," Swift said.
Metz also noted the record included a letter from DNR planner Julia Vache stating the department "has no qualms, no issues with this variance as described." During deliberations, a board member moved to grant the variance and another seconded. Chair Nagy asked, "All in favor?" and members replied "Aye." Nagy then told the applicant, "Bruce, you've been approved."
The board discussed that under section 1 57.162 c of the zoning ordinance a unanimous decision was required because only three voting members were present. The meeting record also notes that the Board has up to 10 days to render a decision if needed and that decisions may be appealed to the Circuit Court of Garrett County within 30 days.
The Board took no other business and adjourned.
Next steps: the decision may be appealed to the Circuit Court of Garrett County within 30 days of the Board's decision; the transcript does not record any appeal filed at the meeting.
