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Board asks Planning Commission to defer text amendment 26‑20 pending outcome of related court appeal
Summary
Board members raised concerns that proposed text amendment 26‑20 would limit the Board of Appeals' authority to rule on alleged errors and requested that the Planning Commission pause consideration until a pending circuit‑court appeal is resolved; staff agreed to forward the request and supportive memo.
Members of the Calvert County Board of Appeals asked county staff and the Planning Commission to defer consideration of text amendment 26‑20, saying the amendment—intended to clarify the ordinance—could strip the board of authority to rule on alleged errors in cases where the zoning officer concluded administrative discretion was not available.
One board member described the proposed change as potentially ‘‘tying the hands’’ of the Board of Appeals in cases similar to a January decision now under appeal. County counsel and planning staff acknowledged the amendment was intended to clarify the scope of administrative discretion but also said staff would be amenable to pausing or withdrawing this particular amendment while the related circuit‑court appeal is pending.
After discussion the board voted to request that text amendment 26‑20 be deferred until the court decides the pending matter; staff agreed to forward the motion and supporting letter to Planning and Zoning and to the Planning Commission before that body’s May public hearing.
