St. Mary's County, MD Board of Appeals for St. Mary's County, 10 Mar 2022

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From YouTube: 3/10/22 Board of Appeals for St. Mary's County

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Okay. Thank you bye-bye good evening, ladies and gentlemen, this is the march 10 2022 meeting.

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Of the saint mary's county board of appeals located in the commissioner's of conference room.

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Commissioners of saint mary's county meeting room, which of the chesapeake building 41770.

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Baldridge street winner town maryland, I'm chairman dan iknaski, with four other board.

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Members, having met our minimum requirement for a quorum, we will proceed with the meeting.

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Public meetings are open to the public in lieu of in-person attendance. Citizens may.

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Just listen to the meetings on their phones, but not speak to the board by calling 1-301-579-7236.

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And then use the access code 963-443, followed by the pound, sign or view.

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The meeting remotely on channel 95 and youtube if any non-in-person.

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Citizen would like to participate by talking to the board when I opened it.

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Meeting up to public testimony, please call the following number: 301-475-4200.

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Two three: four: when you call this number ms sherry young recording secretary, will be it.

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Will ask your name address and phone number and email? In other words, this will be a virtual.

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Meeting and a virtual sign-in sheet, ms young will place you on in line on hold after I announce that.

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I'm opening the hearing to public testimony. I will open the meeting up for public testimony.

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After all, the presentations and testimony by the applicants and representatives have been completed.

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For both in-person or call-in, you will be asked to state your name address for the record, and I.

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Will swear you in you will have three minutes to ask your questions or make your comments directly.

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To the board, your comments will be recorded and heard by those of us in the chesapeake buildings.

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Zoom participants, channel 95 and on youtube after the public comment portion of the meeting is over.

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The case will return to the board for any closing comments. Members, discussion and decision.

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The board members and attorney for the board will now introduce themselves and I'll begin.

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On my right good evening, wayne madinski ronald payne and again I'm dan igneowski good evening.

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Rich richardson good evening, guy bradley john houser assistant county attorney, and he is.

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Sitting in tonight for the board's attorney also in the audience we have mr bill hunt, the director.

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Of land use and growth management, stacy, clements, planner, three with land use and growth management.

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And again, we have mr hauser here he's also the assistant county attorneys. He mentioned.

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And we have the director the new director of the department of public works. Jim gosch is here.

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Tonight, in the video in the media, control room is amy carter, I'm doing the media production for.

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The night and then the savage conference room is sheri young board of appeals, recording secretary.

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We'll have three public hearings tonight that are scheduled. The first is cheney, loveville, gravel.

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Mine, the second will be mars point restaurant variants and the third is the mattingly property.

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Variance before we start the hearing for our viewers at home, you will be able to see the.

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Staff and applicant presentation on channel 95 or youtube as these presentations are being shown.

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You can also see the documents that have been submitted for the case by going to board docs.

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Ms clements will now demonstrate how to locate and use board docs. Thank you chairman.

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Okay: first, you would like to navigate to st mary's md.com. That's s-t-m-a-r-y-s-m-d.com,.

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At the top of the ribbon on the right-hand side, you will see the board docs.

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Once board docs is loaded. You will look for tonight's meeting.

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In the center under meetings, and today is thursday march 10 2022 board of appeals meeting.

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And once that is loaded, you would then navigate to the middle um of your screen at the bottom.

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And that would give you the agenda. On the left hand, side it'll, give you all of our.

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Items that we will be reviewing tonight, our public hearings are located under number four.

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You can click on a public hearing and at the right hand side you will see all the exhibits that are.

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There for the public hearing. Thank you. Thank you very much also before we start the hearing mr bill.

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Hunt director of land use and growth management has a brief presentation to make to the board.

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Thank you, mr ignoski bill hunt, director of department of land use and growth management.

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I wanted to refresh the board's awareness regarding critical area variances because.

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The letters from the critical area commission on the variance cases tonight.

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Are more emphatic in opposition to the requests compared to other recent letters.

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The five critical area variances concluded this year have the wording either.

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We do not oppose this variance request or in order to grant this various requests, dot, dot, dot.

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And then the critical, critical area commission letter goes on to say what the board must find.

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If they're going to grant it, you have received copies of the critical area. Commission letters for.

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Tonight's cases and ms clements includes them in the powerport presentation that she will show you.

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There is an interrelationship between the critical area law at the state level and st mary's county.

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This interrelationship is at the critical area, law is state imposed, but it is locally enforced.

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All boards of appeals must presume that the specific development activity for which a.

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Variance is requested, does not conform with the general purpose and intent of the state.

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Critical area law and regulations and the local program and the local program, the board must make.

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Written findings as to whether the applicant has overcome the presumption based on competent and.

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Substantial evidence which is presented by the applicant for critical area variances the board.

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Of appeals is empowered to act in accordance with regulations and standards prescribed by.

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The critical area commission and the department of natural resources representing the state.

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And the local critical area program, which is conducted primarily by land use and growth,.

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Management, the county attorney and you the board of appeals. The board of appeals is empowered to.

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Act in accordance with standards prescribed by the legislative branches of government, legislative.

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Branches: plural, because of the interrelationship between the state, the state and critical area laws.

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And the county critical area regulations adopted by the commissioners of saint mary's county, the.

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Applicant for critical area variants is required to provide proof that shows by a preponderance of.

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The evidence that the applicant has satisfied the standards for granting the variance.

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All an applicant seeking of variance has the burden of proof to prove all standards have.

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Been met, almost every variance application will turn on whether, when the zoning ordinance is.

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Applied to the property, the regulations will produce a hardship relating to the property.

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If there is an existing, reasonable and significant use of the property.

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Neither a hardship nor an unreasonable restriction caused by the zoning regulations.

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Exists and the variant should not be granted. It is inappropriate for the board of appeals.

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To grant a variance, because the board feels that a proposed design that requires a critical area.

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Of variance is superior or more attractive than a design that would be allowed without a variance.

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If there are other areas of the property where a desired user structure could be.

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Located without the need for variance an undue hardship has not been established.

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Thank you for the time to present that any questions, no sure. No, no, no. Thank you. Mr hunt.

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We will now move on to our first case, that which is the.

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Cheney level, gravel mine, cuap210026.

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The applicant requests conditional use approval pursuant to chapter 25 of the comprehensive zoning.

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Ordinance for use type 82 extractive industry within the rural preservation district rpd zone.

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And I believe we're going to hear from the applicant's attorney first correct, mr weiro.

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Good evening, uh thank you for allowing me to attend by mail uh or by phone. I I.

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Had an unexpected um family issue, I need to deal with the the the specifics of with I shared with.

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Staff- and they can supply it to you- I prefer not to put it on on public record for some.

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Privacy reasons, but um I'd request that very reluctantly that the matter be.

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Be continued again um and miss uh young has provided us with with three dates.

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Has has provided us with three dates and were available on any of the dates and would defer.

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To the board on the selection of the date, that's convenient to the board and the staff.

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And that's all I have thank you. uh Do any of the board members have any questions or.

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Concerns about it, um the only concern I would have is I'd rather not have a march 31st meeting.

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um Because that would be the third meeting of the month I'd rather.

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Move it to the april 21st if at all possible, it's april 21st, yes, 21st is available. Okay, if.

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We could have perhaps a motion to continue the meeting to that date and time certain and place.

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Being here um in the matter of cuap number 21-0026, loveville, gravel mine, I make a motion that we.

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Continue it until april 21st at this location, yeah here at 6, 30 and at 6 30 p.m.

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Yeah, I have a motion. Do I have a second second all in favor all right? Okay, then we'll move on.

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To the second case, which is the marst point, thank you you're welcome, which is the marshed point.

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Restaurant variance and mars point restaurant variance application 21015. The applicant is.

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Requesting a variance from the comprehensive zoning ordinance section, 71.8.3 development.

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Activity in the 100 foot critical area buffer and from section 41.5.3 I to exceed the lot coverage.

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Limits specified by that section of the ordinance, um I guess we'll have a presentation from staff.

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Mr hunt be making any comments or stand up and raise your hands just in case. Thank you. um Do you.

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Declare an affirm under the penalty of perjury that the testimony responses and statements you.

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May give will be the whole truth and nothing but the truth. I do very good continue. Okay,.

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Now, what is it dipping? I seem to be having some technical difficulties.

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There we go okay.

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Morris point: restaurant, okay,.

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The first public hearing tonight is the variance application 21-0159.

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Morris point restaurant. They are requesting a variance from section.

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71.8 of the comprehensive zoning ordinance to disturb the critical area buffer for a 20 by 20.

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Seasonal tent and a variance from section 41.5 0.3.1 to exceed the maximum allowable lot coverage.

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The legal advertisement was printed on february, 18th and 25th of 2022.

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The certified mailings were sent to adjacent property owners located within 200 feet of the.

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Property and public hearing sign was posted on the property on or before february 23rd.

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2022, the owner of the property, is chris susana of viewport or excuse me viewpoint. Llc.

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And the property consists of 42 602 square feet. It has a restaurant two mobile homes and sheds.

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The property is located at 38869 morris point road in able.

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It is owned rural commercial, limited.

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These are the existing conditions, as of 2022.

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Okay, the critical area buffer is set 100 feet from mean high water of tidal waters of the canoe creek.

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Or canoe neck creek, the buffer is not expanded for soils or steep slopes.

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Here is the site plan.

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Okay and detail: the applicant is proposing a 400 square foot.

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Seasonal tent to be an operational yearly from april until october, and here's the tent restaurant.

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The tent they are proposing and the driveway in and all the parking.

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Okay, the property is in the lda, which is allowed 15 overall lot coverage.

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Or 6 390 square feet for this property. The property currently has the restaurant.

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The two mobile homes and sheds totaling 9888 square feet of existing lot coverage. The.

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Property exceeds the allowable lot coverage by 3497 prior to the request for the seasonal tent.

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Okay, a buffer mitigation plan um will be providing 1200 or excuse me, 1200 square.

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Feet of plantings will be required to meet the minimum requirements for permanent disturbance.

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The buffer management plan will be approved prior to an issuance of a building permit.

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Would you like to go through the standards now or would you like to wait until discussion um now this time now? Okay,.

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Okay, that a special condi or a a special condition or circumstances exist that are peculiar.

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Or to the land or structures involved, and that the strict enforcement of the.

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Critical area provisions of the ordinance would result in unwarranted hardships.

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For the letter from the critical area commission dated january 4th, 2022 state.

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Law defines unwarranted hardship to mean that without the requested variance the applicant.

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Shall be denied reasonable and significant use of the entire parcel or lot? There appears to be an.

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Opportunity to locate the proposed tent entirely outside of the buffer, whereby eliminating the.

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Need for a buffer variance, therefore, there absolutely cannot be an unwarranted hardship.

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For the denial of the request to install the tent within the buffer at the proposed location,.

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B, the strict interpretation of the critical area provisions of this ordinance will deprive.

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The applicant of rights commonly enjoyed by other properties in similar areas within the.

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Critical area of saint mary's county for the letter of the critical area- commission, the.

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Sensitive locations of the proposed tent is not a right commonly enjoyed by other.

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Similar properties developed under the county's critical area program.

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See the granting of the variants will not confer upon the applicant any special privilege that.

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Would be denied by the critical area provisions of this ordinance to other lands or structures.

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Within the critical area of saint mary's county per the letter from the critical area, commission.

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That no individual is guaranteed the right to place a structure in the buffer, particularly.

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When there is space available on site to locate this structure entirely outside of the buffer.

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In addition, the other property owners on lots of this size and the ldi.

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Are required to comply with the 15 lot coverage limit, which is already greatly exceeds.

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D, the variance request is not based upon conditions or circumstances that are a result.

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Of the actions of the applicant, the applicant viewpoint, llc has owned the property since 1998.

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And is proposing the seasonal tent within the buffer and exceeding the lot coverage limits.

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E, the granting of the variants will not adversely affect water quality or adversely.

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Impact fish, wildlife or plant habitat within the critical area and that the granting of the.

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Variants will be in harmony with the general spirit and intent of the critical area program.

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For the letter from the critical area commission, the cumulative impact of allowing an increase.

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In non-conforming lot coverage, even if the tent will be up for seven months of the year.

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Has a substantial and negative impact on the chesapeake bay, given the lots is waterfront.

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To the canoe neck creek, installing the proposed tent within the buffer and further exceeding the.

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Lot coverage limit would adversely impact water quality and fish and wildlife and plant habitat.

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Within the critical area, therefore, such a proposal would not be in harmony with the spirit and intent.

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Of the critical area law and the regulations of the st mary's county, critical area program.

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And lastly, f: the variance is the minimum necessary to achieve a reasonable use of land.

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Or structures for the letter from the critical area commission, the applicant currently has.

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Reasonable and significant use of the entire life by use of a restaurant kitchen, seating area.

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Walkways parking lot, two residential structures and two outbuildings totaling 9888 square feet or.

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22.6 percent the allowable lot coverage limit for a lot. This size is 6534 square feet, which is 15.

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There appears to be an opportunity to install the tent over the existing lot coverage.

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Whereby enabling or excuse me eliminating the need for the lot coverage variants all together.

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Thank you. Are they any questions? Do the board members have any questions? No, no. Would there be.

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An applicant gonna come up, yeah they'll they'll be next any questions of the staff. No sir, and I.

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Have a a couple of questions number one is: um does do either the state regulations enabling.

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Up regulations or the county zoning ordinance distinguish between temporary and permanent.

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Disturbance, yes, they do, sir, and then what is that distinction? Okay, give me just one moment.

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I don't want it up there, please: okay,.

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I can give you.

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Okay, temporary disturbance means a short-term change in the landscape that occurs as part of.

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Development or redevelopment activity, temporary disturbance, includes the storage of materials.

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That are necessary for the completion of the development or redevelopment activity.

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Construction of a road or other pathway that is necessary for access to the site of the.

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Development or redevelopment activity, if the road to the pathway is removed immediately after.

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Completion of the development or redevelopment activity and the area is restored to its previous.

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Vegetative condition: okay and grading of a development site if the area is restored to.

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Its previous vegetative condition immediately upon completion or of the developmental redevelopment.

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Activity and then um septic tanks are also considered temporary development.

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Okay, now permanent, just oh she's, good, okay,.

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Let's see, I thought I had permanent disturbance, permanent, temporary okay, permanent disturbance.

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Means a material and enduring change in topography, landscape or structures that occur as a part of.

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The development or redevelopment activity, which would include construction or the installation of.

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Any material that will result in lock coverage, construction of a deck and then the exceptions.

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Grading and the clearing of tree or forest, and that does not include the septic tank.

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And those are from komar 27.0 or 27.01.09.01.

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B for the buffer terms defined.

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Okay um and then the proposed buffer mitigation is proposed based upon the disturbance and the.

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Three to one ratio: three to one ratio; just for the new proposed tent and not for the existing.

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Facility, that's correct: it's just for the 20 by 20 10 or the 400 square feet. Okay, anybody else.

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Okay, we will go on with the applicant's.

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Presentation and chris that you anybody else helping you.

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Whichever you're more comfortable with thank you.

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Well, I am please sit down before you sit down, raise your right hand and take the oath. Do you.

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Declare and affirm under the penalty of perjury, that the testimony responses and statements you.

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May give will be the whole truth and nothing but the truth. I do thank you very much. You may begin.

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Thank you for the opportunity. I am chris susana representing morris point.

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Viewpoint llc and the prescribed background in our application.

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For over 20 years, our restaurant has experienced numerous encounters, including hurricanes.

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Recessions, government, shutdowns power, outages supply and demand constraints.

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But none so more challenging or just devastating than the covid 19 virus.

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Throughout the course of the pandemic, which is actually still ongoing,.

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Governments endorsed open-air seating for diners, with much relaxed regulations.

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In as much morris point acquired a tent for all concerned and compromised individuals to sit.

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And that's similar to arrangements you've seen throughout local jurisdictions,.

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In august I was first advised. Its continued use now requires permitted consent.

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So I'm arriving here, seven months later, following an arduous application process.

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Through no less than seven agencies, four hearings, numerous postings and correspondence as.

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Stacey proposed and aptly concluding tonight with this with this uh attendance, um as you can.

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Surmise from our supporting letter of intent morris point has the unique hardship of being.

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A entirely water dependent facility encompassed entirely within the 100.

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Foot buffer everything existed there 22 years ago, when we took ownership, we haven't asked for.

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Anything because we know how difficult it is to to to make that request. So I I is, but it is important.

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To point out, this request is not for expansion, but but gen rather than for seasonally relocating.

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Eight seats from to be in close proximity to the restaurant. All I feel within the general spirit.

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Reasonable use for this waterfront property- it is a commercial waterfront properties, only existed.

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As a restaurant long before the ordinances were in effect, and we understand there's little to no.

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Chance of expansion, but again this is not an expansion. This is is strictly just moving.

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Eight seats outside and when the weather is fair, so we can accommodate people that are.

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Afraid to eat with the general public, so we've always strived to maintain high standards.

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Of stewardship, preserving plant fish and wildlife habitats, which actually remain a large part of.

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The public's attraction to morris point and we understand the need to supplement the buffer.

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In in the case of taking 400 square feet of the buffer out,.

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So with that said, I thank you for the privilege of being heard and I am here to answer any questions.

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We're members on rich, yes, sir: uh two questions: the shape of the tent is square 20 by 20, correct.

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When it rains, where does the water go, come off all four sides or have you got a.

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Vent set up where it comes down to all one spot. It's sheds, it's peaked with four sides.

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It sheds all four sides, so half and half four sides. It's four sides, four sides. Next one and.

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Inside the tent would be any semi-permanent items like a stove or a refrigerator negative.

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So it'd be just just tables and chairs just service to diners again service to diners would.

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Be it eight chairs and a waitress service? Thank you. Will there be any type of a floor in there.

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There can be a temporary floor to stay away from the mud. Okay,.

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To the um letter from the commission on stating the critical area commission.

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Stating that you have space to relocate that tent to an area where you wouldn't require variance.

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What's the answer to that, this entire process began with the alcohol board because there's.

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No sense in getting this privilege or asking for the privilege if we can't serve.

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Drinks, so the alcohol board was our first stop and their hearing came out with the with the.

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Issue that it has to be located as closely as possible to the restaurant to have the alcohol.

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Service in there and we we have given them a site plan as well, that was approved by them.

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To which the next stop was the health department, and that's where the eight seats came into play.

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um There is no other place to put it on the property that would allow it to be used for.

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What we're here requesting so right now, you're at a conundrum between different agencies telling.

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You where to put the tent and the critical area commission saying you can't put the tent where.

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Other agencies have said that you need to put the tent critical areas. Letter indicates such.

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But they haven't visited the site, they don't really. They haven't really gotten into the.

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Inners issues of this, so it's easy to see on the site plan that there is area outside the critical.

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Buffer but those are two residences there own and they're they're resided by tenants that park there.

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It would also require walking, through the parking lot with alcoholic drinks, which is not going to.

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Be allowed by the alcohol board we'd be back to square zero. We wouldn't even get the square one.

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Everything has been pretty much approved the seasonal aspect of the tent, that it can only stay.

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Up for six months out of the year, it can't even stay more than just six months has to be down in.

G

Five months and 30 days, actually because it's it's not a permanent structure.

H

So, back to my point, is you have other agencies telling you.

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Where that you can put these services where you can put the tent and then the critical areas.

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Commission is saying you can't put the tent there because you have to put it somewhere else.

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So it sounds like you are getting told many different things by different people in charge, who.

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Have the power to deny your request correct, I mean we've made it all over all the other hurdles.

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Critical areas, the only obstacle, which is why we're here today, okay.

A

Any other questions. Yeah I've got one uh I'm reading this.

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Memo from you, it says, uh proposed commercial, tent seating must be within proximity of the restaurant.

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In order to properly serve patrons in the tent and meet the alcohol beverage board requirements.

I

Okay, what does that mean? As far as looking at the one of the maps here and doing it, the.

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Old-Fashioned way- and I might be wrong about that- it looked like it was two inches which would be.

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60 feet: is that correct the scale? Yes? Are you asking about the scale uh yeah and and yeah.

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And when they say what are they really getting at here? What they're getting at.

G

Is there's an endangerment to try to move this somewhere else? This all starts with the alcohol.

G

Board, it's really the only place. Well anything behind that line. That's not in the parking area.

G

Could considerably be used for the tent, but it doesn't fit anywhere, but the area that we've.

G

Placed it over, but did they come out and take a look at it and say yeah? This is perfect.

I

They inspect the property and once again, how far is it from the.

G

From the restaurant yeah, the tent is no more than 50 feet. What's that no more than 50 feet, 15 50.

G

50. live zero all right and this drawing's not to scale all right. It's reduced.

I

Okay, that I think that was it. Thank you.

H

I have a question for the attorney actually, so I'm looking at critical area standards section.

H

24.4 of the ordinance and it's saying that no special conditions or circumstances exist.

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That are particular to the land or structure involved in a strict enforcement of the critical.

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Area provisions the ordinance would result in an unwarranted hardship. We have a citizen before us.

H

Who is facing a hardship? Because he has multiple boards telling him what to do with this tent and.

H

They are not talking who has precedent, who wins? This argument pick tonight to have to step into.

J

The uh shoes on this bed welcome how I would advise the um board to look on this. One is that.

J

It's not so much, I believe, a situation where every agency has to come on board.

J

And if one agency says it's permissible and one agency says it's not that we have to somehow.

J

Resolve that conflict by assuming one of these agencies wins or it's, um I suppose what I'm.

J

Trying to say is that, at the end of the day, if one agency or if there's one regulation, that applies.

J

That this project would be impermissible under it's going to be found impermissible, even if there.

J

Are other regulations in other agencies? That would say it's permissible. It only takes failure on one.

J

Level for this project to fail entirely, so I think how I would answer that question if that clears.

J

Up your understanding, mr bradley, it um doesn't, but it's all right because it doesn't give us a.

H

Path forward, because we are here to examine the critical areas, standards for which he's.

H

Asking for the variance on.

H

And if we grant that or if we deny that, depending on which way the board votes, then another agency.

H

Can come in and go up now what never mind if he's already got other approvals to this point,.

H

And we're looking at the last one and the last one says no other hardships should um there should not.

H

Be any other warranted hardships, but sticking to this one creates an unwarranted hardship. It kind.

H

Of puts us in a bind and ultimately I don't I'd point out two things: the first being that.

J

Approval of the project is not approval of any variance request that a variance be approved.

J

Is not an entitlement that anyone has they have to satisfy the conditions and standards of the.

J

Critical area program that we implement and if they cannot prove an unwarranted hardship.

J

Under those standards, they are not entitled to a variance. On the other hand, what.

J

I would direct the board to is to remember that, as mr hunt pointed out, this is a legislative agency.

J

The decisions of this board will, in the event of a challenge in the event of a dispute by the.

J

Critical area, commission or any other agency or grieved person, this board's fines will be shown.

J

Some deference so long as there is substantial evidence to support the board's decision.

J

If there is some substantial evidence, there is a belief the board can muster enough.

J

Wherewithal and enough support of their position to decide that an unwarranted hardship exists here.

J

Courts should support the board's decision. I think the question in referring back to the law as the.

J

Critical area commission's letter pointed out is whether an unwarranted hardship does exist.

J

When this property, as presently configured, has for many years, been able to sustain.

J

A commercial business that has stayed in business till now and perhaps questions ought.

J

To be listed of the applicant to build this record of substantial evidence of why, if this.

J

Variants were denied that commercial enterprise would no longer be able to continue, and why.

J

There would not be able to be a continuing substantial use.

J

Of this property, as there was pre-covid now, I'm looking at the.

H

Variance request with the critical area commission telling him he can't put something where he wants.

H

To and they say that he has ample space, other agencies, saying you can't put it in this ample.

H

Space because it doesn't meet our criteria, health department, critical area commission, which one.

H

Which one weighs heavier he's going to violate one or two easily, and now we have a situation.

H

Where the citizen is wanting to do something with his property, and we have government agencies.

H

State and county disagreeing with each other, and it's up to us to look at this and go yay or nay.

H

Find me yes, sir, sometimes when you go through the development process, you have various.

A

Agencies that you have to get approvals from just because you get proof approval from one agency.

A

Does not mean that you still can't you still have to meet the approval of the other agencies.

A

Right, but in this, as the applicant they've got to balance those things to make sure they.

A

Meet all of the requirements of all of the agencies, and then this case before us, if we.

H

Follow the critical area commission's letter, then it creates an unwarranted.

H

Hardship because he can't put it anywhere else right and so that now we're creating.

H

A hardship where he's just trying to do what he has to do to run the business right in in. In my.

A

Opinion I think that the board of the the alcohol beverage commission has a requirement, and it's.

A

A state law and they've got to meet it. I think this variance request is allowable. We can vary.

A

What the requirements are in the critical areas ordinance as long as we believe they are.

A

Meet the variance requirements that are in the in the law, so I think it's it's we're a little.

A

More flexible with the critical area stuff than we are with the board of appeals. uh Excuse me.

A

Board of alcohol, okay, all beverage conditions, as always you say something I need to hear.

H

Usually it's shut up, but it's not. It's never said that you know. I never said that.

H

Does that help yeah? That does.

A

Mr shasana, you say that the two trailers that are on site are occupied in their rentals.

A

Correct the one site plan that you have shows.

A

Apparently that there are pull-in parking spots there with a grass median between them.

G

All of the red stripes and the one silhouette rectangular silhouette are the parking spots.

A

So that's grass grass in between there then.

A

Right on the in front of the mobile: yes, this hardened surface they're very hard. Okay,.

A

The pier is, can will I be able to dock the 15 by 25 foot boat. There.

A

Excuse me: can I dock a 15 by 25 foot boat at your beer.

A

I didn't understand that is your pier such that a boat can dock there and then.

A

Go into the restaurant- oh yes, yes, okay and that's about 400 square feet, or so isn't it.

G

I'm not in that foreign square feet, there's two piers on the property.

G

Yeah, so we could, you could park 400 square feet of boat at those locations.

G

um In the tents in the proposed tent space, no, no, no yeah alongside the pier yes.

A

The boats can come in tie up to the pier and go in enough tying up there for.

G

Ten or so boats, okay, none of them stay overnight. It's just temporary! I'm gonna go okay.

A

I can't play the tempo we can put votes.

A

Any other questions of the board member- oh, in that case I'll open the meeting to public testimony, is.

A

There anybody in the audience that would like to speak for or against the proposed use here.

A

If we could check the telephones, though,.

C

Board of appeals, ms young, do we have any callers for the morris point.

C

Restaurant variants, there are no callers for this case at this time. Thank you. Thank you. In that case,.

A

I'll close the meeting to public testimony and open it up to board discussion this guy.

H

I think you guys understand where I'm coming from, um usually, unless I don't like it when.

H

Government puts down rules and regulations and other agencies within the government make.

H

Other restrictions and then you leave the resident with no way out so they are.

H

And we see this kind of thing quite a bit where people are asking for something.

H

And they're just exasperated because they get to this point and it's like holy cow, one more.

H

Hurdle that they have to go through and then it falls to us to be yay or nay and fall within our.

H

Guidelines and it's we have to look at what else happened outside of this meeting, because this is.

H

De novo- and this is part of the questioning- and it leads me down the path sometimes where I wonder.

H

To the right decision, is it to follow the law strictly like it says, or is it to be.

H

To look and grant the variance like it says and then later have somebody come back at us.

H

Either through the courts or wherever and go hey, y'all made the wrong decision, and this is why.

H

So I just don't like the conflict that always ensues with this kind of decision. That's kind.

H

Of what I'm looking at it's based on my two questions on where the water goes, when it rains.

B

And no semi-permanent fixtures inside like a refrigerator or a stove.

B

400 feet square feet sound like a lot, but it's not any farther in the square between me and.

B

Our lawyers, it's a small area yeah and I I don't see a problem at all. I would like to improve it.

A

Mr muslin, I I don't understand about covert and running a business. I used to run a business, but.

F

I don't see the unwarranted hardship here. I agree with the critical error commission.

A

Mr spain, well looking at this uh I'd, have I'd have to uh go along with the critical area. Commission.

I

There's several reasons why one of them is- and this has nothing to do with mr hunt's speech-.

I

It's gonna happen too. Many of these things.

I

Well, maybe I should have done this, but I did this.

I

And pretty soon they'll be you'll be find yourself in court with them. I've seen it happen before.

A

Well, I I guess we had two.

A

Responses to all to the variance questions or the variance criteria.

A

One from the applicant and then one from the critical area commission, both of them put.

A

Arguments together as to why critical areas should be upheld, and I don't think if they.

A

Didn't come down and look at the site and they didn't have some of the information about the.

A

Liquor board and and actually take a look at the site. I I I looked a little less on.

A

Their opinion than I did what the applicant has said and um I think he has gone through.

A

Diligently and met all those requirements for what is being done here I mean it's, it's.

A

It's not a lot of analysis that has to be done for 400 foot, temporary structure, yeah.

A

Any other questions comments concerning I'm looking at it, like the health department.

H

Alcohol board- other agencies have said you can't put it here. You have to put it here.

H

And those governmental agencies have the same weight as the critical area, and it just one.

H

It's a tent, I mean: are we really getting burdened by a tent come on two? It's a temporary structure.

H

Aka, a tent and three, he really doesn't have another place to put it, and if the critical.

H

Area did not take that into consideration, then that's kind of a narrow focus so.

A

Six months or seven months, it's only allowed to stand six months a year, okay by lugham's.

G

Degree all of april may june july, august and september.

G

In may, through october, which is the only time you can use it anyway,.

A

From may to october, okay: well, let's, let's, if somebody wants to make a motion, let's get simple.

B

In the matter of vaap 21-0 159 morris point, restaurant have made a finding that the standards.

B

For granting a variance and the objections of section 24.4 of the saint mary's county.

B

Comprehensive zoning ordinance have been met. I moved to approve the variance from section 71.8.3.

B

For the development activity in the 100 foot critical area buffer from section 41.5.3 to exceed.

B

The lock coverage limit to install a tent, we have a second second, mr madinsky opposed oppose. Yes, no.

A

Yes, yes, yes, you can see. The decision of the board was favorable for you, an order.

A

Reflecting the board's decision will be prepared by staff and signed by the board within 60 days.

A

30-Day period follows from that date: the order is signed during which any aggrieved party may.

A

Appeal, the board's decision to the circuit court recording secretary will mail. You a copy of the.

A

Order when it has been completed good evening and good luck, thank you very much. Thank you. All.

A

Okay, our next case this evening will be the mattingly property variance application, 21 11 54.

A

The applicant requests a variance from section 71.8.3 to disturb the critical.

A

Area buffer to construct additional to extra construct additions to existing buildings.

A

Adding to the to existing driveway areas and add a sidewalk.

A

So with that, excuse me stacy I'll, give you a blank performance. Yes,.

C

So, okay, the second public hearing tonight, is variance application. 21-1154, the mattingly.

C

Property, they are requesting a variance from section 71.8.3 of the comprehensive zoning.

C

Ordinance to disturb the critical area buffer to construct proposed additions.

C

Which are covered entries to an exist to existing buildings. The applicant is also seeking an after.

C

The fact variance for unauthorized and pre-existing development activity in the.

C

Critical area buffer, which occurred prior to the applicant, taking ownership of the property.

C

The legal advertisement was printed on january, 21st and 28th of 2022 in the southern maryland.

C

News certified mailings were sent to adjacent property owners located within 200 feet of the.

C

Property and a public hearing sign was posted on the property on or before january, 26 2022.

C

The owners of the property are todd and kelly mattingly.

C

And the property consists of 3.48 acres, it has a home, a detached garage.

C

A detached garage with an accessory apartment and a recreation building.

C

The property is located at 20718 clarence gas road in avenue it is zoned. Rural preservation, district.

C

This is the existing conditions as of 2022 or excuse me, 2020.

C

Okay, the critical area buffer is set 100 feet from mean high water line of the tidal waters.

C

Of back creek and the buffer has not been expanded for soils or slopes.

C

We have the site plane here depicted here.

C

And the detail, the applicants are proposing a um two cover to to cover two existing stoops.

C

That lie within the buffer, a 6 by 14 cover entry on the house and a 5x8 cover entry on the garage.

C

The applicants are also requesting an after effects variance to legalize the.

C

Unauthorized lot coverage placed in the buffer prior to their ownership.

C

This includes a wood deck added to the house, a bathroom addition to the wreck, building a porch.

C

Added to the garage and accessory apartment and a portion of the garage and accessory apartment.

C

Portions of the parking and driveway and the sidewalks to the house, the applicant is proposing.

C

To remove portions of the driveway, an existing fire pit, two block picnic tables and a wood deck.

C

From the buffer that was constructed unauthorized by the previous owners, can you say that again.

C

Would you like me to just just that part about they're going to remove those yet they're going to.

C

Remove uh portions of the driveway- let's see, we've got it up here, might make it a little bit easier.

C

um The portions that are hatched in yellow those are gonna. They are proposing to remove.

C

Okay, okay, um they're also proposing to remove this existing deck.

C

These two picnic tables and the fire pit: okay, okay, thank you. Okay, you're welcome.

C

C

Okay slide: 11.; okay, according to komar 27.01.12.6.

C

For after the fact, variance procedures and comar 2701.9 for buffer management.

C

The applicant has agreed to a critical area planting agreement and has posted a bond to be.

C

Reflecting the four to one mitigation for an after fact, permanent disturbance located in the buffer.

C

Okay, they had to post that in order to be heard tonight. Okay, um the standard three.

C

To one mitigation that is required for any new buffer disturbance um will be required if the.

C

Per variance is approved tonight and mitigation will be required prior to.

C

Our buffer mitigation plan will be required prior to the issuance of a building permit.

C

Okay, would you like to go over the standards.

C

Yes, no, no, no, we're good with that. Thank you. Okay,.

A

Any questions of staff, no sir, no, no okay, who will be representing the applicant tonight.

K

We're leaving mr chairman members of the board chris longmore with dugan mckissick.

K

And longmore here on behalf of kelly and todd mattingly, the applicants tonight.

C

We do have a powerpoint. Thank you.

C

Let's turn mine off there. She is okay. Thank you, um members of the board, I'm.

K

Very honored to be here tonight with uh some folks that I've known since I was very very.

K

Young they've been good friends of mine for some time and they came to me with this issue.

K

And this variance is a little bit unique from any others that I've done.

K

And we'll walk through the slides and I'll share some of the reasons why we think it is and why.

K

We think they can clearly meet the standards of the variants tonight, so we go to slide two.

K

This is just a gis map of the property, as you can see, and there's a couple other images here that.

K

I'll show you um what I'd ask that you look at those it gives you some layout of the land and the.

K

Structures that are existing on it. The other thing to note is that the property where the buildings.

K

Are and at the end of the property, where the house is significantly constrained by the critical area.

K

Buffer as we'll show on some other slides, it's not just one side of the property it wraps around.

K

And that's one of the factors that we think you can consider tonight if we go to the next slide.

K

This is an aerial photo, this is not, and this is a different version from the gis map. This is the.

K

2020 photo giving you the most recent aerial shot and again you can see that a significant.

K

Portion of the property is waterfront constrained by the buffer. If we go to the next slide, um so the.

K

We want to give a little history of this class tonight and again the applicants, both of which.

K

Are here tonight, todd and kelly mattingly um are here and they purchased their property in february.

K

Of 2020, so they've only owned it about two years now they bought it with all the structures that.

K

You see on that on the overhead photo that I just showed you existing on the property at that time.

K

They wanted to apply to put some covered entryways onto the house and the garage that has the.

K

Accessory apartment, that's on the property, so they did what we want our citizens to do. They came to.

K

The county and applied for those requests when they came in they discovered for the first time.

K

That there were alleged critical area violations on this property through no fault of their own.

K

But through prior owners of the property and actions that that they did on the property, so.

K

This is an after the fact: variance request for certain um structures or or items that exist.

K

Within the buffer, but it's not, it is not an after the fact, variance request based on any actions in.

K

My client, so it's based on the on the prior owners of the property and I believe the staff report.

K

Said that that as well, so I don't think that's anywhere in dispute.

K

um My clients and and their consultant laura clark with clark consulting who's here as well.

K

I'm an available, if you have any questions for her, have worked very hard with both the land use staff.

K

And in submitting multiple submissions to the critical area commission to try to work through.

K

These issues, you have two letters in your staff report. One of them, we think, is kind of an error.

K

The critical area commission didn't understand what we were asking for, but the march 1st 2022.

K

Letter is the one that is the most recent that's quoted in the staff report. I'll touch on that.

K

In a few minutes, I view that very differently than the way mr hunt.

K

Shared in his opening comments, what that letter says and I'll explain that when we get to it.

K

But that's the history of why we're here tonight my clients wanted to do very modest.

K

Improvements to their structures, they came in and did it they were told.

K

Hey through no fault of your own there's all this mess you've got to clean up on your property.

K

Before you're allowed to put covered entryways on your house, if we go to the next slide,.

K

A little further history of the property that we're dealing with, and these are attachments.

K

To the staff report attachment 7 and attachment 8., these are actually some of the critical area.

K

Site plans, as they were done at the time, they're not engineered as the ones you see today, but.

K

As they were done at the time for this property relating to again prior owners of the property, not.

K

My clients, the one on the left, talks about some trees being able to be removed on the property.

K

Before the garage with the accessory apartment was built, and then to the right of that is the 2013.

K

Site plan for permit number 13-1532.

K

That shows the actual application for the garage and the um with the accessory apartment on it. When.

K

It was approved in 2013 um by the by lugham, and you can see the different signatures and approvals.

K

That are on there. This is one of the structures that is at issue in this case. This is one of the.

K

Structures that my clients have been told violates the critical area buffer, um and this is the the.

K

Site plan that was, that approved the construction of it, uh the the in the staff report and the.

K

Critical area commission takes this position that the building was not built where this site.

K

Plan said it should be and instead uh crossed over the line slightly I mean significantly, but.

K

Not more than half of the building and that's where they're saying there was an error made.

K

In the prior construction of it that was placed in the wrong place if we go to the next slide,.

K

So again you can see that there were permits done for that. So this is an after the fact request, but.

K

It's not an after the fact, based on on even the prior owners, not not attempting to get approvals.

K

um They did get a permit and you can see the two um items mentioned here. There are notes in the.

K

Lugum files relating to the inspections under that permit that show that a critical area planning.

K

Agreement was approved in relation to that garage, and one thing that I think is important to note.

K

Tonight that the final building inspection was granted by land use on april 21st of 2015.

K

After the property was inspected once the garage was fully constructed.

K

So if we go to the next slide, you can see here. This is an excerpt of those notes.

K

And you can see down at the very bottom of it in 2015, the final building was approved.

K

um By an inspector of the county now look, it appears now in the site plan that that.

K

Building may be partially in the buffer, um and and we can go to the next slide and I'll show you that.

K

But obviously, when the when the county inspected it, they did not pick up on it and certainly how.

K

Would my clients know that it's that it's in the buffer, when they purchased the property, when.

K

It had been permitted and approved when it was built um you can see on this. This is the original.

K

Portion of the original site plan, it's actually the the blow up of the area.

K

From the site plan that was easier to see, and you can see that it shows, if you look on the far right.

K

Of it, that is their the existing house on the property that has some claim violations on it.

K

Right in the middle of that square is the garage with accessory apartment. I mean you.

K

Can see there is a porch on the front of it. That's very important to our request with the sign there.

K

In bold, you can see where the proposed cover ways were. There were two on the garage accessory.

K

Apartment and there's one that was requested or is requested on the house as well on the wreck.

K

Building to the left there, the critical area buffer you can see in here, but I believe one of.

K

The next slides will show it better because we've highlighted it, it is that dash and dotted line.

K

And on this next slide, you can see where that critical area line is.

K

Now, in this slide, I would ask this: isn't really part of the history of it, but I'd ask that you.

K

Observe how confined this area is by the critical area buffer, and that is one of the standards we.

K

Need to meet that the property is constrained in a way that that other properties might not be where.

K

Essentially, almost three sides of it as you look at this buffer are constrained by it because of.

K

The shape of this particular parcel now on this slide, to give you some uh sense as to what my.

K

Clients discover when they came in and applied for their permits. The areas that are hatched in red.

K

And it's it's a light red on the slide, as it's shown on the screen are the areas that.

K

My clients have been told are in violation of the critical area law and that they need either.

K

Variances for or to remove, you can see that a significant portion of that garage and accessory.

K

Apartment building again, that was permitted and approved, is now being shown as being in the buffer.

K

Just above that, to the upper right is a concrete driveway that now appears to be in the buffer.

K

That was constructed before my clients uh purchased the property and I'll touch on that.

K

In a minute as well and to the left of that, I may be pronouncing this wrong. Is the macadam driveway.

K

uh Kind of paved area where a porsche: what's that macadam mcadam, okay, I I knew I I'd, get it wrong.

K

Tonight uh the macadam driveway is to the left and you can see that a portion of that is shaded in.

K

Red as well as one small area of that wrecked building is there in the bottom right. You can.

K

See a fire pit and you can see two picnic areas um that were claimed to be a violative lock coverage.

K

And then there are the two decks that are on the house that, as I understand it, from.

K

The comments are not considered impermissible, lock coverage but impermissible disturbance.

K

In the critical area, because they are decks that have open slats in them, so those those.

K

Two on the house: are there they're both wood decks? um So this is what you know my clients.

K

Found out when they walked into land use that they had all these problems on their property.

K

They had no idea existed when when they purchased it now, if we go to the next slide, this slide.

K

Is showing you what happened after multiple rounds of communicating with the critical area commission.

K

And this is where I'll touch on that letter, that is part of the.

K

The staff report um I apologize, I don't recall which attachment it is, but it's the march 1st.

K

2022 letter it's quoted in the staff report as well when they address the standards, um one.

K

Thing uh critical area commitment, it's from the critical area. Commission, it's the most recent one.

K

That they've issued there are two in the two that are attached to the staff report um and it's the.

K

March first, one 2022 that they issued after my clients had communicated more with them to address.

K

Some of their their questions, the the first letter said that my clients were exceeding the 15.

K

Block coverage on the lot, we don't think that's factually accurate and we don't think.

K

The critical area commission understood what we were asking for. There were more communications.

K

After that, that's what prompted this march 1st 2022 letter um that, I believe, is the.

K

Last attachment to the staff report I got attached on this week because it was a more recent letter.

K

One thing I'll say about this letter that I think is really important to your consideration.

K

Is and what I I think I disagree with the characterization by mr hunt- is that the critical.

K

Area commission does not say that you should deny all the variance requests of my client that it's.

K

Okay for them to keep some things like the garage and the accessories and the accessory apartment.

K

That's in the critical area, um but they want them to remove other things that are in the critical.

K

Area by saying that, they're agreeing that my clients meet an unwarranted hardship, standard.

K

For at least some of the things they're asking for that, they are entitled to a variance they.

K

Also recommend approval of the covered walkways into the buildings, and they say that that would be.

K

Agreeable to them either they meet the standards or they don't. So when you read this letter.

K

Even though they oppose some of the relief, my clients have asked for they don't oppose all of.

K

It so they're indicating that a variance is appropriate to some degree on this property.

K

What it appears they tried to do was balance it in their eyes with what was reasonable.

K

This was their proposal and the areas that we disagree with them on are the areas highlighted.

K

In green or blue, depending on how it's coming on your on your screen,.

K

They're asking that my clients remove those portions or those lock coverage on their property.

K

Which is a porch? That's attached going from the the bottom uh green, where there's a.

K

Rectangle there, a porch that's attached to the garage and accessory apartment.

K

There is the um up to the upper right of that is a portion that concrete driveway and then to the.

K

Upper left of that is the uh macadam uh driveway um that the portion that they're asking to remove.

K

And you can see it goes right along the critical area line. Is the portion that they're asking them.

K

To remove tonight so after those rounds, this is how we read their letter of what.

K

Staff is saying we need you to remove this lock coverage, the fire pit and the picnic table areas.

K

My clients um had no idea there were violations, but they're agreeable to remove those, and we.

K

Have some other proffers to make tonight, but this is these- are the the three that raise the.

K

The concerns for us that we think would deny them a reasonable use of the property.

K

As it exists and as it's constrained by the critical area, if we go to the next slide,.

K

These are the reasons why, for each of those three items that we believe it would be an.

K

Unwarranted hardship, the removal of the concrete portion of the driveway first of all will render.

K

uh The existing two-car, the access to the existing two-car garage.

K

um Impossible or or very, very difficult to access and probably not, but to use both bays of it.

K

And the reason for that is that and we'll show you some photos that show.

K

On the ground, where those lines are drawn, what it would mean if the concrete drive was taken up.

K

And if you read the critical area letter, what they say is that these items should be removed.

K

And that they should be replaced with native plantings, so they're not saying that this could.

K

Be used as a dirt area or grass area where cars could go over, they want more plantings. Put there.

K

If these items are removed, it would limit any vehicles going there. It would also limit just.

K

Folks, walking in and having access to the front door of the house and again we'll show you that on.

K

The ground, because that is a extremely critical concern if their recommendations were accepted.

K

The second recommendation that we have concerns with in their letter is removing the porch from.

K

The accessory apartment, garage and hearing the previous applicant, it reminded me of.

K

This argument for us, because if you went to the property and saw what it looked like, you would see.

K

The damage this would do to that structure because the roof structures are tied in together. They were.

K

All built at once that is covered by a covered roof. It would be an incredible deconstruction.

K

Of that structure, if you had to take that porch office, the critical area commission recommends.

K

You might not be able to notice that from just looking at a site plan sitting at a desk, but if.

K

You're out there on the site, you can see that and certainly my clients can provide any details. You.

K

Have on that concern, if you have any, um it would be a very significant, both cost wise and would.

K

Certainly, either damage the structural integrity of that building or take a lot of engineering.

K

And construction to make it so that that would work.

K

So that's that's an extreme hardship to my clients. The other portion of the.

K

Driveway, as we'll show you it's that's the area where you can back out of the garage.

K

And again, if they're saying to remove that and put plantings there, there'd be no way to back out.

K

Unless you're unbelievably precise at doing it, it would cause you know, certainly a danger or.

K

Hardship that if you only had that that area, the removal of both portions of the driveway would.

K

Also render two different levels of of ground where you're bringing vehicles there that they're.

K

Saying you can keep some of it, but not all of it. So all those those recommendations we just.

K

Do not believe are workable. um It would impose a significant hardship, particularly given the.

K

Nature of the property and the nature of these requests and my clients had nothing to do.

K

With the problems that they're trying to correct now, if we go to the next slide,.

K

These are some of the photos of the concrete portion of the driveway.

K

To show you what we're talking about and if you can see that that blue piece of tape.

K

On the concrete, that's the area that was where the line falls, my clients went out and took the site.

K

Plan and took took the area and as precise as we could be, to show you that you can see that there.

K

Would barely be enough room on the remainder of the concrete driveway to get to that far left door.

K

And it'd be very difficult to pull in and back out on the right hand door there on the left. It's a.

K

Little further view out of it on the right: it's a little closer up and we think that would we wanted.

K

To show you visually what that would mean if all the concrete to the left of that blue line is what.

K

The critical area commission is suggesting should be removed from the property if we go to the next.

K

Slide, these are other photos of it, just showing it straight on it's difficult to see the tape.

K

um It is there these do, show some angles again to show you what a sharp angle had been. I don't.

K

Think you'd get a vehicle on that left-hand door if that concrete were removed and was required to.

K

Be planted with native plants as the critical area commission suggests if we go to the next slide.

K

This is a little closer up, so you can see it even better on the left there, where the tape is to show.

K

You, where the line is that they're asking uh to be removed from the property and on the right.

K

You can see some of the utilities and other items that are immediately off that corner of the garage.

K

I'm on the other side of the concrete, so it's not that you could. You know certainly cr, that wouldn't.

K

Be advisable to drive on on a grassy area like that anyway, but certainly it would be impossible.

K

uh Given that there are those items located there, so I think these pictures really demonstrate.

K

What the hardship would be if we followed the recommendations uh to the letter that were in.

K

That critical area commission letter, so if we go to the next slide.

K

So here's here's my our proposed solution. You can see the areas highlighted in yellow that.

K

My clients are proposing to be removed. That would not cause a hardship for them and would.

K

Remove some of the lock coverage again, that was not their fault but they're willing to.

K

Try to work and be reasonable in order to to to have a reasonable use of their property.

K

In the upper right is the portion of the macadam driveway that would still allow them to back out.

K

Of the garage and have an area to back a car into and then pull back out to leave their property.

K

To the bottom left of the garage and discuss the apartment, thank you, stacey. That's um an area.

K

Payment, that's there now that they're, it's about a 300 square foot area, as I recall that would.

K

Or might be 200 square feet that would be able to be removed from the from the property that would.

K

Take some lock coverage off that that is in the critical area buffer. It would restrict the way.

K

That they sometimes park for that accessory structure will make it difficult for them to.

K

Get in and out but again in an effort to try to be reasonable. They believe that that would be an area.

K

That could be removed that would not cause an unwarranted hardship to them and then the fire.

K

Pit and the couple of block picnic table areas, um they're they're willing to remove those again.

K

They had no idea those were violations when they bought the property but they're willing to do that.

K

There was a mention in the staff report of one of the wooden decks being removed.

K

That was part of the back and forth with the critical area commission.

K

I think that's probably where the comments came from tonight, we'd: ask that not be required to.

K

Be removed because it is part of the structure, the house it's already built.

K

And again, my understanding is: that's not lock coverage, it wasn't even mentioned in the.

K

Critical area commission letter when we looked at their footnote and addressing on it, it is.

K

Disturbance in the critical area, but not lock coverage so we'd ask that that be able to remain.

K

If it would be required to be removed, there need to be some type of structure there.

K

Or a platform, because you do need that to get out of the house, it's not ground level.

K

So there'd have to be something there anyway, so we think the destruction of moving that given.

K

That it's not pure, lock coverage, it just doesn't make sense to do it. So this is what my clients are.

K

You know kind of willing to propose and propose to the board would be a reasonable removal of.

K

Some lock coverage on their part still meet the standards of a critical area of variance, correct.

K

Problems that they did not create, but would not impose the hardship that we think some of the.

K

Recommendations from the credible area commission would have imposed now if we go to the next slide.

K

As to the driveway I mentioned, that would come up, there's a note in the other permits or.

K

Multiple permits in the file on this property um there's a note that that land use had noted that.

K

The driveway was not permitted before and that's why it's part of the the um the variance request.

K

Today I mean the prior owners were told that and were told they could. They could get a variance if.

K

They wanted to keep it, but nothing ever happened to that back in 2016.. That was four years before.

K

My clients bought the property, the fact that there was a known issue on the property and nobody dealt.

K

With it really, I don't think it's fair for my clients to have to be the one to kind of foot.

K

That bill and deal with it when it appears that on multiple levels, people knew that and it just.

K

Wasn't remedied at the time either by variance or removal, so with them being unaware of it.

K

That's another reason why we think this would be a hardship on them, because that was completely.

K

Not within their knowledge when they purchased their home, if we go to the next slide,.

K

um So you know, our proposed resolution we think is is reasonable. um It would remove approximately.

K

783 square feet of lock coverage from in the buffer. um I think that number matches up with.

K

The numbers that the critical area commission reviewed in their review. We also wanted to note.

K

And this is part of why we think that there will not be any harm to the environment. The.

K

Amount of mitigation that is required of my clients is very significant in this case.

K

The reason why is that again we're here for an after the fact variance and by.

K

Requesting an after the fact variance the mitigation actually rises to seven to one.

K

If the board grants the variance according to the critical area commission and according to staff,.

K

So for that 1708 square feet, that's the amount of plannings. My clients will need to perform and you.

K

Can see the other ones for permanent disturbance and reforestation that are required so they'll be.

K

And buffer re establishment, so the total square footage of mitigation that'll be required at 17.

K

491 square feet now in order to appear in front of you tonight, because this is considered.

K

An after the fact variance my clients had to deal with a violation that was issued on their property.

K

Which they have through the county attorney office, they were also required to post a bond.

K

For the plannings, even though the variance has not been granted yet that's part of the after the fact.

K

Variance that is usually there to punish the people that did something wrong in this case.

K

It's punishing innocent people that didn't do anything wrong and the amount of the bond that.

K

They had to post today, just to appear here tonight was a bond to cover ten thousand two hundred and.

K

Forty eight dollars in plantings and that number will go up if the variances are granted, because.

K

There'll be additional plantings required as as a result of the variance tonight, so my clients.

K

Will be incurring a significant cost as far as the plantings go and those plantings are done.

K

To mitigate the environmental effects of the lock coverage, so by doing that they will be mitigating.

K

Those issues and again I wish my clients didn't have to do it, but they're standing here kind of.

K

Willing to deal within the rules, even though this is not a something that they created, so we thought.

K

That was worth the board knowing now, if you look on the next slide, just to give you a sense of how.

K

We calculated that 783 square feet that they're proposing to remove um those are the square.

K

Footages there there's it's about 320 square feet on the on the pavement on the south side of the.

K

Garage 320 to 300 360 on the on the other portion of the driveway and then the picnic areas and fire.

K

Pits so that's up to 783 square foot um as an approximate total and if we go to the next slide.

K

um And this is again just in light of the other critical area letter that was submitted.

K

Discussing the 15 rule and the property only being able to be covered by a maximum of 15 percent.

K

uh This chart actually shows that if they were granted the coverings that they asked for and.

K

Did not remove any of the lock coverage which you're proposing to remove tonight. They still.

K

Would have been under the 15 rule by removing this is from their site plan by removing some.

K

Of that lock coverage they'll be well under the 15, so they do not need a variance from that provision.

K

It's only to to keep the things that are already there and add the covered wall entrance ways into.

K

Their into their structures, so if we go to the next slide um so this this again is, is you know.

K

Our proposal on our request uh and I think the motion uh the sample motion covers both of these.

K

uh The the board would need to grant and, after the fact variants to allow them to keep any of the.

K

Structures or items that are shown in red on this uh on this exhibit that is to the right of this.

K

They would need a perspective, variance or a normal critical area of variance for the structures.

K

Shown on the site plan, as requested by them, those are the the three covered entrance ways into the.

K

Two buildings that again critical area commission does not oppose, and then um you know we we are.

K

Proposing that that be conditioned upon the removal of the lock coverage highlighted in.

K

Yellow on this exhibit- um and we you know actually believe that the slide here, if you.

K

Accept our proposal could even be a an exhibit to the to the board to order, if needed, to make it.

K

Clear what my clients have to remove and whatnot I know sometimes, once we get to motions it's hard to.

K

Know what we're talking about? We tried to give a point of reference for the board and making your.

K

Motions tonight um and I think that's if we go to the next slide, I think that might be it.

K

um So that that's our presentation to you tonight, I can address the the standards and I'd like to.

K

Briefly, I don't know if there's going to be any public comment, um so I'll reserve on that.

K

In case there is any and then I'll be happy to address those, but anybody here want to.

A

Speak for or against, or excuse me before we do that do the board members have any questions.

B

Yes, sir, was there a home inspection done when they purchased the house? um I am not certain of that.

K

I cannot they're here there. There was one if you need one of the applicants to testify. They can but.

K

But they're indicating did they go through a realtor when they bought it? Yes, they did.

B

It's hard for me to believe that the fire pit and the picnic tables are a violation. But I guess.

B

That's what it is, uh if I understood you correctly, this the stoops or the entrance to it would remain.

K

Yes, so there's stoops or entrances into the buildings that would remain and and my clients.

K

Were that's how it all started? They wanted to put covered entrances into the garage, an accessory.

K

Apartment building there's two entrances over both of them and then they wanted to put a covered.

K

Entrance way into their main home, that's what critical area commission in their letter does.

K

Not oppose that they say if some of the lock coverage is removed. They do not oppose that.

K

On the back side, there are two decks on the on the main house that, as I understand it, are not lock.

K

Coverage and I think the critical area commission agrees because they don't call it law coverage in.

K

Their letter but they're a permanent disturbance of the buffer because their decks in the buffer.

K

They're slatted, so water goes through them. So that's why they're not lock coverage they're.

K

Proposing to keep those in lieu of them giving up the other lock coverage that they're proposing.

K

So they're in red on here keep the stoops. Then that's right and keep those so to keep everything.

K

um That's hatched and red here, with the exception of the items that are.

K

Highlighted in yellow on the screen in front of you is what what they're asking thank you.

H

Mr bradley no questions are you: are you able to do all the plannings on site? They? They do have a.

K

Plan that they've worked on with log them, I think they're all able to be done on site right is that.

K

That so all of them are able to be done on site. I mean it's a pretty onerous requirement, but they're.

K

Able and I believe that plan has preliminarily been approved by land use, I'll defer to staff, but.

K

It needed to be at least approved to a certain degree and bonded in order for us to be here.

K

Tonight, to do the plannings um and that's what what my clients have done if they hadn't purchased.

K

The bond we wouldn't be able to talk to you tonight, that's what they did to follow. The rules.

F

Okay, um with with what is being proposed to be added, which is the sidewalk.

A

And the two covers to the entrances and then taking away from that square footage.

A

What you've proposed here, what is the actual square footage that'll be disturbed.

A

um Or added we want to, I guess I should say the the items that would be.

K

Added onto so we're removing the um and I'll give you the numbers they're actually in the.

K

The critical area letter and the footnote 1 of their letter.

K

Actually is probably the easiest place, the.

K

I believe they're in the footnote and laura. Maybe if you do you know the.

K

The exact square footage of the stoops- yes, if maybe we ought to start getting somebody sworn in.

A

Let's have, let's have laura, get sworn in and uh we'll be safe.

A

Would you please stand and raise your right hand? Thank you. Do you declare and.

A

Affirm under the penalty of perjury that the testimony responses and statements you may give.

A

Will be the whole truth and nothing but the truth. Would you state your name record then.

A

An address for the record station name and address for the record. Please.

F

L

um We've got uh the two: stoops are five by eight, so it's 40 and 40 and the other one is six by 18.

K

Yeah and I'm looking at our and thank you laura I'm looking at.

K

A portion of the original letter um and I believe it would be 93 square feet of new lot coverage.

K

Over the existing doorways it would be a total of 148, but there's already stoops there. So the that's.

K

The numbers that we had calculated beforehand- I'm sorry I couldn't put my finger on it before.

B

Any other questions anybody in the audience would like to speak for or against the matter.

A

uh Stacy, could we trust in the background.

K

Thank you, mr truman. I'll, be very brief because I know I've spoken for a while. The um the critical.

K

Area standards um addressing those the first and the really the most critical that's addressed.

K

By everybody is that the special conditions or circumstances exist that are peculiar to the land.

K

Or structure involved and that strict enforcement of the critical area provisions of this ordinance.

K

Would result in an unwarranted hardship again the shape and nature of this property significantly.

K

Restricted more than other properties, because it's essentially a peninsula or almost a peninsula, so.

K

That restricts it from multiple sides but, more importantly, the denial. The after the.

K

Fact, portion of the request would really deny the use of an existing garage that was permitted.

K

And approved to be able to really be able to use in any significant way. And we think that.

K

That would impose um a significant hardship that that applies to the other portion of the driveway.

K

And the removal of that porch again would be a significant construction project again on.

K

A building that was was approved and permitted. If we go to the second standard, it's that the strict.

K

Interpretation of the critical area ordinance will deprive the applicant of rights commonly.

K

Enjoyed by other properties in similar areas, these are similar structures and, and you can.

K

Look at the home: it's not a a huge home. These aren't all the mansions there's, there's multiple.

K

Buildings on there, but but they're modest and they existed when my clients bought them.

K

um And they bought the property at a price point that had all of these things on it, believing they.

K

Were properly permitted because they had received permits for for all of it, but the driveway.

K

So, for that reason we believe that this is not conferring a special privilege on them that that.

K

Is the the third standard um again, this would deny them access of to their garage and impose a.

K

Hardship on them, um and we believe that therefore does not confer any special privilege on them.

K

It is not based on conditions or circumstances that are results, uh but of the actions by the.

K

Applicant, that's the ford standard, um as I shared with you, the client, my clients didn't do anything.

K

To cause this, it was the prior owners and there were other steps along the way where these.

K

Items could have been noted before my clients bought the property and they weren't we're not.

K

Trying to blame anybody, but certainly I don't think my client should bear the brunt of that.

K

When they had no no fault, the fifth standard is that the granting of the variants will not.

K

Invest adversely affect the water quality and adversely affect fish, wildlife or.

K

Plant habitat in the critical area: again we share with you the planning agreements that.

K

My clients will need to do that will certainly add a significant mitigation to any law coverage and.

K

Really it'll make the property a lot better than when they bought it. Because now there's going to.

K

Be all these plantings fixing what was already on there, but before they came in and asked for.

K

A modest request to add the cover the covered walkways into their homes, and we believe this.

K

Variant is the the minimum necessary to achieve reasonable use of the land or structures again, my.

K

Clients are proposing to give up some lot coverage and we believe that our proposal is is in line.

K

With the way the critical area commission looked at it, we have a different balance on it, because.

K

We're not sure what the information they had that they could appreciate what a hardship, the removal.

K

Of the of the other items would have been uh to my client simply because they weren't on the ground.

K

And they might not have been able to see that you wouldn't be able to get into the garage and that.

K

How structurally damaging that would be to the one structure that's already on it. I mean again.

K

The critical area commission recommended that some of the vari or agree that some.

K

Of the variances could be granted, we just have a different balance and we think our proffer is.

K

More reasonable to allow my clients reasonable use of their property. So that's our our case.

A

Any other questions from the board members. I didn't understand the seven to one mitigation.

F

Why was that? As I understand it, they have to mitigate four to one, because it's after the fact.

K

So they're kind of punished, it's a greater ratio than normal and then, if you grant the variance.

K

And they're allowed to keep it, they have to add the normal three to one to that, so it makes it.

K

Seven to one: that's that that's directly from the critical area commission comment, letter and staff.

K

As has included that in the uh in the planning agreement, because of that it came from the state.

F

And and part of that is actually part of that garage that was approved by the county, it is.

F

And they're being punished for that also that's correct for the whole footprint of the.

A

Garage or just that portion in the critical area, just the portion of the critical area.

K

It's what's included in the plannings, so it's the the portion that was in it and if you look at the.

K

Site plan that was presented, it does not look like an engineered site plan, um so there's comments and.

K

Some of the letters that the the prior interest violated the permit by building it outside of it.

K

But when you don't have an engineer plan showing exactly where the line is on the on the ground.

K

You can see how that could happen. I mean that's how it was done back. Then I mean it was even.

K

Inspected and nobody noticed it there, so I don't think it was an obvious violation to anybody.

K

So you know, for those reasons again, my clients are bearing the brunt of it because they now own.

K

The property and that's what the law says to them, but they do have to mitigate seven to one to keep.

K

The garage that they bought on their property, the portion of it that's in the critical area.

K

If they wanted to slice it right off there and cut the walls down, they wouldn't have.

K

To do seven to one, they still have to do a four to one, but they wouldn't have just having them.

F

You know I don't want anybody to take this question the wrong way. I really don't.

F

But just for my own knowledge, uh mr houser, uh I'm just reading through this is one of my notes.

F

Because it was unauthorized is not an automatic reason for approval, I mean just because it was.

F

Unauthorized before I believe I'm following your question, mr madinski and yes, I mean.

F

Because they didn't know it, it's we don't have to approve it and correct. You know when.

F

You buy stuff, I'm I'm just stating this. I don't mean. Don't read this wrong way.

J

Correct just because mr and mrs mattingly are innocent, of causing the alleged violation in.

J

The first place does not obviate the requirements a lot to conform to the critical area requirements.

J

That's that's a lesson to anybody watching this when you're buying stuff.

K

And by by granting the variance, the property will now conform to the critical area rules.

K

Because it'll exist with a critical area of variance which is allowed by the rules.

K

So that's what this board can do to remedy that.

A

Any other questions any other questions. Anybody want to do a motion. No, I'm not ready for emotion,.

F

Yet, oh I'm sorry, I mean I'd like to get the consensus. You know how everybody feels about this.

F

And then and then I'm thinking we'd have to go with one of the.

F

If we were going to approve it, we'd have to go with one of the applicants.

F

Slides, I mean that's to me, it would be the only way to approve it.

F

With with the after the fact, variances and what they were taking off and well, that should be.

A

Included in the motion, that's what that's! What I'm saying right! Yeah! That's what I'm getting at.

A

I'm I'm willing to accept. I think the applicant's done a good job in trying to.

A

Correct something: that's not their fault. I agree with that. I I totally agree with that.

B

It's not about these people are not criminals. No! Well. We don't know that.

F

I just don't know the best way to go about it. I mean we have the motion, but.

K

I I mean, if I may suggest the the thought of the slide that's up now was that that.

K

um Portion of the site plan may be an appropriate exhibit for your motion.

K

And I I think would be that a variant is granted for all all lock coverage and.

K

Permanent disturbance, as depicted on that site plan within the buffer, with the exception of the.

K

The items highlighted in yellow, which will it's a condition, that the applicants remove those.

K

Something to that effect and that would make it clear to staff when my clients go and do the work.

K

What they had to remove and what they didn't so the yellow has to be removed.

K

Variances are granted after the fact and prospective variances are granted.

K

For everything else that's depicted on the on that exhibit, um I think, would probably be clear enough.

K

Because I you know, we always want to make sure. I know staff raises those concerns legitimately to.

K

Make sure once the order's in place it's easy to follow and there won't be any concerns later on.

F

We don't have that motion, though yeah we don't I've just seen.

A

That it was the prior motion that we had there.

F

I mean if we could take a few minutes yeah. Let's take a.

A

15-Minute break and reconvene at 8 30.. Thank you.

A

Call the meeting back to order. We have been discussing the mattingly property variance.

A

Application we've had testimony from the applicant staff review uh board discussion.

A

Are there any more comments from the board? No sir? No sir! No well! I guess one one of the things.

A

I would like to say is, as far as meeting the variance requirements that are in the ordinance.

A

I think mr longmore gave a great presentation to cover all of those items that are in there.

A

Now I think I was wondering if we had a motion that somebody would like to make.

A

I'll make the motion okay, a second well wait! A second.

H

Always one in every crowd.

H

In the matter of vaap 21-1154, having made a finding that the standards for granting a.

H

Variance in the objectives of section 24.4 of the saint mary's county, comprehensive zoning ordinance.

H

Have been met, I move to approve the variance request from section 71.8.3 of the comprehensive.

H

Zoning ordinance for the after effects variants for unauthorized and pre-existing development.

H

Activity in the critical area buffer- and I also move to approve the variance request.

H

From section 71.8.3 of the comprehensive zoning ordinance to disturb the critical area, buffered.

H

To construct proposed additions covered entries to existing buildings, upon condition that applicants.

H

Removed the lot coverage shaded in yellow on the site plan depicted on slide 20 of the applicant's.

H

Presentation and perform the plantings required by the critical area, planting agreement, 21.1154.

A

We have a motion. Is there a second? Second all in favor, aye, aye, aye, aye, aye, very good.

A

Let me find my proper spot here. An order reflecting the board's decision will be prepared.

A

By staff and signed by the board within 60 days, a 30-day period follows from the date the order.

A

Is signed during which any aggrieved party may appeal the board's decision to the circuit court.

A

The recording secretary will email you a copy of the order when it has been signed. Well, thank.

A

You all for solving the problem or moving in that direction that was created by others. I think you.

A

Did a good job in doing that, and I'd like to wish you good luck with the project? Good luck! Good luck!.

A

Okay, next item is, would be the approval of minutes, but we have no minutes from the past.

A

Two meetings and they will be at the next meeting and then we do have orders for three properties.

A

And they had errors in the cover that previously, that have been corrected.

A

The first one is for the crowley property and the applicant had property in popular street in piney.

A

Point and they have requests for a variance in the critical area from 71.8.3 of the saint mary's.

A

County, comprehensive zoning ordinance disturbance of the critical area buffer, just construct.

A

A dwelling and a driveway, and that was approved by the board. I make a motion sign the order. Second,.

A

In favor bye, the next one I have is for triple a pit expansion, and this was the expansion of.

A

A gravel pit along st andrews church road in the vicinity of brown road.

A

And again that went to public hearing reviewed the evidence and I don't believe that was.

A

A

Those approving the conditions were me, mr brown, miss della hey mr budenski and miss.

A

Mr richardson and again that's got to be corrected and did you vote for that or against that one? You.

A

Voted for it can somebody vote. I think we all voted for it. Okay, I think the vote was.

J

Unanimous after specifying the conditions, okay, but then this has got to be correct.

J

Mr brown, certainly one present right to make that correction. I better double check this one.

A

And this one's good, then the third one I have is the whole property and the variance.

A

Requested was for a variance of 71.8.3 of the county's comprehensive zoning coordinates to.

A

Serve the critical area wetlands buffer to construct a single family dwelling.

A

And I think that was approved unanimously.

A

One two: three: four: five: would you just promotional sign the order? Second, one in favor, aye, aye,.

A

Okay, the business we've got a meeting next week. We have a meeting next week.

A

And on the agenda for next week's meeting are croissants properties and smith, creek, marina, llc.

A

Those are the two items that we have. Yes, sir anything else. Are they going to cause.

A

Watch your snow tires make sure your snow tires are good for.

A

Tomorrow, night and if you got any questions, call him.

F

Make a motion with jordan! Second, all in favor all right, thanks meeting adjourned.

A