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Board grants after-the-fact critical-area variance for Port Republic patio and steps
Summary
The Board approved an after-the-fact critical-area variance for work at 2184 Cedar Road after applicants said the paving and terraced steps restored earlier features removed during a septic replacement and that 7:1 mitigation planting was already completed and inspected.
The Calvert County Board of Appeals approved a critical-area variance for work at 2184 Cedar Road in Port Republic, concluding that the applicants’ repair and erosion-control work will not harm the public interest and that mitigation was adequate.
Applicants Christopher Conroy and Jane Jamieson told the board they replaced a failing septic system in 2019 and, as part of access and erosion-control work, removed a loose stone wall and steps. They said they restored the in-kind stone steps and paved areas and terraced the slope to prevent ongoing erosion. “This work was to put back something, as a replacement of the retaining wall that was there,” Conroy said, explaining the work addressed safety and access to the septic system.
Conroy and Jamieson said the work was done during 2019–2020, that permits were submitted once they learned the work required approval, and that the required 7:1 mitigation planting has already been installed and inspected by county staff. A pair of emailed letters of support from adjacent neighbors were read into the record and accepted by the board.
Board members questioned whether the disturbance arose from actions taken during septic replacement; the applicants replied that the terrace was necessary to remedy erosion and restore access and that the work improved site stability. A county planner confirmed stormwater and mitigation measures had been reviewed.
The board closed the record and found the applicants had overcome the presumption of nonconformance with the local program, that granting the variance would not injure the public interest or the comprehensive plan, and that mitigation and the limited disturbance (188 square feet in-kind replacement plus approximately 132 square feet of additional terrace) made the work the minimum adjustment necessary. The board then voted to grant the critical-area variance.
What’s next: The board’s written findings and order will be issued within 45 days and will reflect the mitigation already in place.
