Board approves variance to replace tennis court with pool at 1414 Greg Drive

The Calvert County Board of Appeals on Sept. 5 unanimously approved a variance allowing property owners Nancy and Gerald Vanwinter to remove a longtime tennis court and install a swimming pool, patio and small cabana at 1414 Greg Drive in Lusby.

Jeffrey Toole, a registered land surveyor representing COA Barrett LLC, told the board the project would remove roughly 7,000 square feet of impervious surface from the critical-area buffer and replace part of that area with a smaller pool footprint, add stormwater management where none currently exists and provide mitigation plantings to improve buffer functions. He said the overall lot coverage would fall by about 40% compared with the existing legally nonconforming conditions.

Board staff confirmed required public notices and exhibits had been filed. During questioning members pressed the applicant on septic replacement areas, location of the pool relative to the shoreline and whether replacing one recreational accessory (tennis court) with another (pool) was an acceptable use. Toole said the proposed pool would sit a little farther from the water than the existing court, that replacement septic locations had been identified outside the buffer, and that stormwater controls and plantings would offset the disturbance.

After deliberation a member moved to grant the requested critical-area variance and the associated general variance; the motion was seconded and the board voted unanimously to approve the variances. No additional conditions were recorded in the motion the board adopted. The board noted the decision may be reviewed by the critical-area commission and that the order must document the factual findings that distinguished this replacement-from-in-kind case from previous denials.

The board indicated it will issue a written order in accordance with the county procedures within 45 days.