Carroll County BZA approves variance to site accessory dwelling closer to house at Sykesville farm

The Carroll County Board of Zoning Appeals on Tuesday approved a variance to allow an accessory dwelling unit (ADU) at 8 Shepherds Lane in Sykesville to be sited approximately 100 feet from the primary house, exceeding the 50-foot separation in the county code. The board made an oral decision after testimony and exhibits showing site constraints and accessibility reasons for the placement.

Kelly Schafer Miller, an attorney representing the applicant and property owner, told the board that testimony and evidence on file support the variance standard. "The variance standard has been met," she said, citing grading, the locations of the well and sewer areas, and the existing pool and patio as constraints that limit alternate placement of the ADU. Michael Green, the general contractor, described the existing topography, saying there is "a 3 and a half foot grade change" in a short distance and that placing the ADU at the 50-foot location would create steps and access problems that could impede farm operations and the mobility of aging family members.

Applicant Sarah Stein said the farm is family-run and that the ADU is intended to house relatives. She said the lane providing access has been maintained by the family since she purchased the property in 2019 and that neighbors shared costs to pave it.

County expert witness Laura Mathias, Bureau Chief of Development Review for Carroll County Government, told the board that the parcel "may be eligible" for subdivision or off-conveyance in title terms but stressed that eligibility is not the same as practicability. Mathias said off-conveyance review would require proof of a legal right of way to a publicly maintained road, and she estimated the off-conveyance process could take roughly six months to a year and a half, with a one-lot subdivision taking nine to 18 months depending on variables.

Board members reviewed the exhibits and site visit observations. Several members said the lot's narrow width, the existing structures and the grade change supported a finding of unique circumstances and undue hardship under the variance standard. One board member, noting the steps required from a proposed garage elevation to the house, said personal mobility considerations reinforced the hardship finding.

A motion to approve the variance (approximately 39 feet to allow the ADU to exceed the 50-foot requirement) was made and seconded; the board voted orally in favor and the chair stated the oral decision will be formalized in a written decision to be issued within 30 days unless extended. The chair also informed the public that the board's decision may be appealed to the Circuit Court for Carroll County under Maryland rules and set the 30-day appeal deadline.

The board adjourned following the vote.

Sources and on-record next steps: the board's oral decision will be followed by a written decision within 30 days; any appeal must be filed with the Clerk of the Circuit Court for Carroll County in accordance with the Maryland rules of procedure.