Board approves 190‑foot variance for accessory dwelling at Westminster property

The Carroll County Board of Zoning Appeals approved a variance allowing an accessory dwelling unit (ADU) to be sited about 190 feet from the primary residence at 2154 Enoff Drive in Westminster.

Marsha Nussbaum, the property owner, testified she and her family have occupied the lot since 1999 and that she seeks an attached ADU/workshop to house an aging parent while allowing her son and fiance9 to start a household in the primary dwelling. Design and survey testimony from Jonathan Nussbaum and supporting exhibits described the property as conservation‑zoned, located on a private road, with a well and septic field placed such that meeting the ADU's 50‑ft code proximity to the primary residence would conflict with health‑department setbacks and existing topography.

Presenters identified three constraints: the 50‑ft conservation setback required by county zoning; the health‑department 50‑ft well setback and required area for primary and replacement septic fields; and an 18‑foot elevation change across the 190‑foot span that would force intensive regrading or a multilevel design unsuitable for aging occupants. The applicant said updated perk testing and a proposed split septic system could address health‑department requirements if the board granted the variance; the applicant also entered signed neighbor letters into evidence.

Board members reviewed the exhibits and questioned septic feasibility. Several board members said the lot's configuration and environmental constraints represented a practical difficulty that justified relief. One member noted the case was exceptional and not precedent‑setting because the combined constraints were unusually limiting. The board made an oral ruling approving the requested 190‑foot variance; the oral decision will be followed by a written decision within 30 days and is subject to the 30‑day judicial‑review period under county procedure.

Quotes: "The uniqueness of the lot and the addressed hardships meet the threshold of the variance standard," applicant testimony summarized. "I don't see any way around this... apart from move," one board member said in urging approval.

Clarifying details: The ADU footprint is about 994 square feet; the applicant estimated perimeter perk retesting at roughly $10,000 and said the proposed location would avoid significant landscape alterations.

Next steps: Development Review and Carroll County Environmental Health will review final septic designs and the required concept/site plans; the board's written decision will state conditions or findings and begin the 30‑day appeal period.