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Board of Appeals holds open variance case for Capitol Heights homeowner pending payment of town fines
Summary
Leslie Gibson, who built a 16-by-16 addition at 915 Brook Road without permits, testified the contractor failed to obtain approvals; the Board of Appeals voted 2-0 to hold the case open until she provides written confirmation that town fines are paid and county permits obtained.
The Prince George's County Board of Appeals on May 20 held open the case of Leslie Gibson, who seeks variances to validate a 16-by-16 addition at 915 Brook Road in Capitol Heights after county inspectors found no permits for the work.
Gibson told the board she built the addition so she could "age in place" with a master bedroom and bathroom and that she believed the contractor would pull permits. "I thought he was going to pull the permits," Gibson said, adding that the contractor later stopped returning her calls. Gibson said the project cost $30,700 and that correcting the permit violations and paying fines could add roughly $7,000 to $10,000 in expenses.
The variance request covers relief for net lot area, rear-yard depth and a one-foot side yard setback; the chair read the board's criteria under council bill CB 16-2021, section 27-36-13(d), which require demonstrating a parcel's unique physical characteristics and that a variance is the minimum relief needed. Gibson argued her lot is narrower than neighboring parcels and that nearby homes already have additions, saying the structure is not visible from the street and has not impaired adjacent properties.
Neighbors who said they live near Gibson testified in her support. "She's always been a respectful, responsible, and considerate neighbor," testified Ray Parker, who said he has lived within walking distance for three years. Theresa Young and Juliana Lecherin also told the board they do not oppose the addition.
Representing the Town of Capitol Heights, Inspector Cutler told the board Gibson has not yet paid a $1,000 town fine and said the town will issue a permit once fines are satisfied and the work meets Prince George's County safety and permitting requirements. "We're okay with the construction as long as she complies with Prince George's County guidelines and pulls the necessary permits," Cutler said.
Board member Stanton moved to hold the case open until the town provides written confirmation that fines have been paid in full; Chair Boulware seconded. The board administrator called the roll and announced the motion carried 2-0. The board said no further testimony will be taken at the next hearing; when the town provides written confirmation to the case reviewer (identified as Miss Olga), the administration will place the matter on the next agenda, likely June 3.
Gibson asked whether she could remove protest signs from her yard; the chair said she could. The board advised Gibson to provide written confirmation of payment to the case reviewer to trigger scheduling of the final decision.
The board’s action was procedural: it did not grant or deny the requested variances but paused the decision until the town’s compliance confirmation is received.
