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Board approves two after‑the‑fact deck variances, requiring permits and mitigation
Summary
The Board of Appeals granted after‑the‑fact critical‑area and setback variances for a 72‑sq‑ft deck replacement and a 160‑sq‑ft expansion at 3415 Cliff Trail, conditioned on completion of mitigation and satisfaction of permit and inspection requirements.
The Calvert County Board of Appeals voted unanimously Sept. 5 to grant after‑the‑fact variances for decks installed at 3415 Cliff Trail (JLT Homebuyers LLC). The applicant’s architect Ron Litton told the board the decks are pervious construction and that the net lot coverage is reduced by 72 square feet compared with prior conditions.
Litton said the lot was platted in 1925 and the house was built in 1948; the property sits largely within expanded critical‑area buffer and steep slopes, leaving limited buildable area and creating practical difficulty for safe egress. He described a submitted buffer‑management plan and said the applicant is prepared to meet mitigation requirements and permit inspections. “The decks that were constructed are…pervious…and with meeting the mitigation requirements, he will now be far in excess of the requirement for forest coverage,” Litton said.
Board members asked detailed questions about concrete cracking, the holding‑tank septic system and whether the post‑construction deck would meet code. The applicant acknowledged some permit steps remain and the board made approval contingent on completing required permits and the mitigation obligations. The motions to grant both the after‑the‑fact critical‑area variance and the two general setback variances passed unanimously, with the board recording two conditions (permits satisfied; mitigation completed) on the critical‑area approval and similar conditions on the general variances.
