Board grants Marrero variance for small deck over steep slope with 3 mitigation conditions

The Calvert County Board of Appeals on Oct. 3 unanimously granted a critical-area variance allowing Emilio Marrero to build a rear deck that will extend about 15 feet into sloped terrain at 8533 Pine Boulevard in the White Sands subdivision.

Marrero, who was sworn and provided his address for the record, told the board the proposed deck is attached to the house and that only about 1–2 feet of the deck’s outer edge would encroach into area exceeding a 15% grade, creating approximately 55 square feet of disturbance. "Our proposal is to build a deck on the back of the home, attached to the home, extending out about 15 feet and, across sloped area," Marrero said during testimony.

The board’s decision was based on findings that the lot’s topography creates practical and unusual difficulties, that the disturbance is minimal and confined to the applicant’s property, and that mitigation will offset impacts. Committee member (S4) read findings of fact and moved to grant the variance with three conditions: updated submittal documents, mitigation at a 3:1 ratio for the 55 square feet of disturbance, and a planting plan meeting COMAR standards to be approved prior to permit issuance. The motion carried unanimously.

The board’s clerk confirmed public-notice requirements had been met and staff exhibits (including field photos and required criteria) were admitted. Marrero said no trees would be removed and that mitigation plantings would occur on-site. The board said it would issue a written order in accordance with its procedure; the board typically issues an order within 45 days after rendering a decision.

The ruling modifies development limits in the local critical-area program for this parcel and imposes specific mitigation steps to protect water quality and habitat in the adjacent critical area.