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BZA upholds Development Review: two lot‑yield transfers denied where utility easement removes road frontage
Summary
The Board of Zoning Appeals upheld Development Review's denial of transferring two lot rights from a parcel bisected by a BGE fee‑simple utility strip, finding that subdivision requirements (notably 30‑ft fee‑simple road frontage) must be met before lot yield can be counted or transferred.
The Carroll County Board of Zoning Appeals upheld the Bureau of Development Review's decision denying an applicant's request to transfer two subdivision lot rights from Parcel 11 Part 3 to adjoining parcels because Parcel 11 Part 3 lacks the minimum fee‑simple road frontage required for subdivision eligibility.
John and Catherine Gunzik and their counsel, Bradford J. Webb, argued the mathematical lot‑yield calculation under Carroll County Code §155.033(A) shows Part 3 yields two lots plus a remainder and that subsection (B)(2) was written to allow tracts divided by a public utility strip to be treated as "adjoining" for the purpose of transferring density. Land surveyor Dan Staley testified he calculated the yield and presented recorded examples of prior…
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