Council approves a retaining-wall height variance for 4307 Elm Street

The Town of Chevy Chase council voted to allow the retaining wall connected with a patio at 4307 Elm Street to reach a maximum height of 20 inches at the property line, concluding the variance hearing after questions from neighbors and detailed staff clarifications.

Julie Stannis, the applicant, told the council she added the patio after two trees were removed at the neighboring property and that the extension was intended to stabilize a steep slope. "My goal is simply to resolve the height issue created by the slope of my yard and to ensure that the patio meets the requirements," Stannis said during her presentation.

Neighbor Joe Rubin, speaking in opposition, raised concerns about communication, possible County permitting for the elevated patio, proximity to windows and the presence of a hot tub. "I don't really think that the hardship is such a hardship," Rubin said, urging the council to consider alternatives such as a smaller or stepped design.

Town staff and Town Attorney Ron Bolt explained the town's role in permitting and property-line enforcement: the town cannot issue permits for improvements placed on another property, and fences or other elements built without a permit remain nonconforming. Bolt also noted that an approved variance is not final until it is written and signed by the mayor.

Council members discussed options including shortening the patio, adding fill, or introducing steps or terracing to reduce wall height. Several members said the applicant's steep lot and desire to keep a level patio were understandable and supported the variance. A motion to permit the retaining wall to reach 20 inches at the property line passed; the attorney reminded the applicant the written decision typically follows within a week or two and will be required before a building permit can be issued.

The council noted that the nonconforming fence that currently lies across the property line is a separate enforcement issue and advised the parties to reach an agreement or seek a permit/variance from the town if the neighbor wishes to retain the fence. The council did not tie fence remediation to the retaining-wall variance.

What happens next: the town attorney will prepare the written decision. If the written decision approves the variance, the applicant may proceed with permit applications in accordance with the town's written findings.