Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variances topic
No spam. Unsubscribe anytime.
BZA upholds denial on reconsideration for large ADU distance variance
Summary
The board denied a motion to reconsider October 28’s decision on Todd Krause’s request for two variances to place an accessory dwelling unit; counsel urged rehearing based on Maryland variance standards but members cited the exceptional distance (290 feet) from the primary residence.
The Carroll County Board of Zoning Appeals declined to reverse its prior decision on variances sought to site an accessory dwelling unit on property owned by Todd Krause.
Attorney Kelly Schafer Miller argued the board should reconsider because the October deliberation had not applied the proper Maryland variance standard: the two‑pronged test that asks whether a property is unique or unusual and, if so, whether strict enforcement would cause practical difficulty. Counsel cited state cases to explain why the lot’s irregular shape, septic location and an easement left no feasible area within the 50‑foot requirement.
Board members accepted that the property has constraints but said the distance variance sought — 290 feet versus the 50‑foot rule — was unusually large. Several members said they were not persuaded the applicant had exhausted other options or sufficiently demonstrated the practical‑difficulty prong. “It’s a football field away,” one member said when describing the 290‑foot separation.
After discussion the board voted to reaffirm its prior decision and deny reconsideration. The board’s oral decision will be finalized in a written order and may be appealed to the Circuit Court for Carroll County.
