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Board grants variance to replace shore‑buffered tennis court with pool after applicant reduces impervious surface
Summary
The Calvert County Board of Appeals unanimously approved a critical‑area variance allowing a homeowner to replace a legally nonconforming tennis court with a pool, patio and cabana after the applicant committed to a 40% reduction in impervious surface, stormwater controls and mitigation plantings.
The Calvert County Board of Appeals on Sept. 5 granted a critical‑area variance that will allow CO Barrett LLC to replace a long‑standing tennis court at 1414 Grama Drive with a swimming pool, patio and small cabana.
Jeffrey Toole, the applicant’s surveyor and representative, told the board the project removes roughly 7,000 square feet of existing impervious tennis‑court surface and will reduce overall legally nonconforming lot coverage by about 40% while adding on‑site stormwater management and mitigation plantings. “The property contains a tennis court, which is mostly within the 100 foot buffer from the shoreline…we are willing to reduce the amount of lot coverage that’s currently legally nonconforming by 40%,” Toole said during his presentation.
Board members pressed staff and counsel about whether replacing one accessory recreational structure with a different recreational structure (tennis court to pool) is consistent with county policy. Planning staff noted prior practice often requires replacement ‘‘in kind,’’ while others on the record said the existing facts — a significant net reduction in impervious surface, a mitigation plan and stormwater treatment where none existed — supported relief.
After deliberation the board made findings under the county zoning ordinance and COMAR, concluding the application satisfied the variance criteria (public interest, minimum adjustment, unwarranted hardship and compatibility with the comprehensive plan) and voted unanimously to approve the requested critical‑area variance and the related reduction of the 10‑foot buffer setback to zero feet for the proposed pool and associated structures.
The board noted the Critical Area Commission’s earlier concerns and instructed staff to ensure the order fully documents the factual basis for each finding. The approval allows the applicant to pursue required building permits and regulatory approvals; the board record indicates the order will be issued consistent with county procedures.
