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Boundary survey and corner-marker photos discussed as explanation for setback discrepancy

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

Martins and the hearing examiner discussed a professional location drawing (dated 11/21/2017), earlier survey worksheet, and photographs showing a corner tree and rebar marker that the petitioner said led to measurement errors; the record contains the location drawing used to confirm the setback.

During his testimony, petitioner Timothy I. Martins pointed to photographs and a location drawing in the county record showing a corner tree with a rebar marker. He said the corner marker had been embedded in the tree and that relying on that visual marker caused his earlier measurements to be off by inches.

Examiner Catherine Taylor reviewed the exhibits with Martins and identified a final location drawing dated Nov. 21, 2017, as the most recent submitted survey. Taylor also noted an earlier survey worksheet was present in the file. She told Martins the development engineering division had suggested the setback be confirmed by a design professional; Martins said the professional drawing is the exact measurement.