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Examiner explains administrative adjustment option and DPZ review vs. hearing examiner discretion

Howard County Hearing Examiner (Administrative Hearing) · September 10, 2024

Summary

Hearing examiner Catherine Taylor explained that an administrative adjustment is decided by the Department of Planning and Zoning (DPZ) and that DPZ applies the same variance factors but may be less inclined to craft equitable outcomes than a hearing examiner.

Catherine Taylor explained the difference between an administrative adjustment and a hearing-examiner variance decision: an administrative adjustment is decided by the Department of Planning and Zoning (DPZ), which applies the same statutory factors but may take a stricter, rules-based approach. Taylor said petitioners still must show the same criteria for relief under either path.

Taylor told petitioner Timothy I. Martins that an administrative adjustment is an option for future modifications but that the current proceeding is the proper forum for addressing the existing garage setback; she said the hearing examiners sometimes make more equitable decisions than DPZ, which tends to apply the regulations directly.

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