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Harford County appeals board upholds denial of permit-extension request for Abingdon property

Harford County Building Code Board of Appeals · December 19, 2024
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Summary

The Harford County Building Code Board of Appeals on Dec. 19, 2024 affirmed a building official’s rescission of an erroneously granted permit-extension and ruled the related permit application expired after finding the appellant did not demonstrate adequate cause for the delay in consolidating lots.

The Harford County Building Code Board of Appeals on Dec. 19, 2024 affirmed a county building official’s decision to rescind an accidentally granted permit-extension and declared the underlying permit application expired, the board said in a written decision signed by Chairman Karl D. Houser, P.E.

The appeal, filed by Luis M. Couto, resident agent for Silver Coasts Corp., challenged a decision by Richard C. Truitt, Sr., Chief of the Building Services Division in Harford County’s Department of Inspections, Licenses and Permits. The application at issue was for Building Permit BR-008805-2024, submitted May 15, 2024, for Lots 16–19 on Mitchell Avenue in the Forest Greens subdivision in Abingdon.

The board’s findings state that County staff informed the applicant on May 16, 2024—through Zoning & Permit Specialist Christina Wooten—that the submitted site plan did not match the lot configuration and that the permit application would be held until the lots were legally consolidated and a street address issued. The revised plat was submitted to the Harford County Department of Planning and Zoning on Dec. 12, 2024 and was still under review as of Dec. 18, the decision says.

According to the decision, a Permit Technician inadvertently granted an extension to the permit application on Oct. 24, 2024 before the required land plat had been reviewed, signed off and recorded. "Mr. Truitt deemed this error to be reversible and rescinded the erroneous permit application extension on November 20, 2024," the board wrote, adding that the effective date of the permit application was set to Nov. 11, 2024 and the earlier submission was treated as expired and abandoned.

The board voted to affirm Mr. Truitt’s action. "The Board felt that adequate cause was not demonstrated as to why the revised lot consolidation plat was delayed," Chairman Karl D. Houser wrote. The motion passed three to two, with Messrs. McBride, Van Deusen and Houser voting in the affirmative and Messrs. Benfield and Cosentino voting in the negative.

The decision advises the appellant that he may resubmit a new permit application and states: "You have the right to appeal the Board's decision in a Court of Law." The letter directs the appellant to contact Assistant County Attorney Joseph E. ("Ethan") Clasing or private counsel for information on appealing.

The Board’s written decision is entered in Case Record DILPAPPEAL - 000490-2024. The county’s letter and accompanying certified-mail documentation list the appellant’s address as 2807 Moorgrass Court, Abingdon, MD 21009.

Next steps: the board’s decision affirms the county official’s rescission and leaves the applicant the administrative option to resubmit a corrected permit application or to pursue judicial review in court.