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Carroll County BZA grants yearlong extensions for two site‑plan approvals amid pending matters

Carroll County Board of Zoning Appeals · November 26, 2024
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Summary

The Board of Zoning Appeals approved 12‑month extensions for two separate site‑plan approvals: case 6515, requested while a judicial review proceeds, and case 6493, requested after the applicant reported serious health setbacks. Both extensions were granted unanimously by the board.

The Carroll County Board of Zoning Appeals voted to grant 12‑month extensions on two separate site‑plan approvals during its meeting on Nov. 19, 2024.

In case 6515, attorney Matthew G. Lazurriaga asked the board to extend approval for 12 months under Carroll County Code §158.133(h)(3) because the approved use is the subject of a petition for judicial review. Lazurriaga told the board his client, as contract purchaser, cannot proceed to settlement or begin required engineering until the court issues a final decision. Development‑review staff noted the circuit court hearing was rescheduled and that tolling of administrative timelines during appeal could affect the calendar; the board granted the requested 12‑month extension, moving the deadline to Jan. 26, 2026.

In case 6493, Randy Bechtel of BPR LLC appeared on behalf of the applicant and said the project had stalled because the property owner experienced major health issues in recent months and delegated authority to BPR to continue the application. Bechtel asked for a year to complete outstanding items, including additional percolation testing the health department requires. After brief discussion, the board approved a 12‑month extension for case 6493; members emphasized the extension was intended to allow time for unforeseen circumstances, not to permit indefinite delay.

Both actions were taken by motion and voice vote; the board recorded the motions and indicated written decisions will follow within 30 days unless extended.

What happens next: Staff will record the extensions and advise applicants of any conditions from development review or the health department. If the underlying judicial review in case 6515 results in additional appeals, applicants or staff may return to the board for further clarification.

Quotes: "I'm respectfully requesting 12 months," attorney Matthew G. Lazurriaga said, citing the pending court action. "We would love to have 12 if you have the ability to give us 12," Randy Bechtel told the board when discussing his client's health‑related communication setbacks.

Authorities and procedural notes: The board referenced Carroll County Code §158.133(h)(3) as the basis for extension authority; oral motions will be followed by written decisions within 30 days.