St. Mary's County, MD Board of Appeals for St. Mary's County, 12 Aug 2021

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From YouTube: 8/12/21 Board of Appeals for St. Mary's County

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Good evening, welcome to the august 12th 2021 meeting of st mary's county board of appeals.

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Located in the commissioners of saint mary's county meeting room of the chesapeake building,.

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41770 boulder street leonardtown maryland I'm acting chair right now and that will.

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Be our first order of business to nominate the person for vice chair. You hear that now.

B

Yes, I'd like to nominate wayne wadensky as our vice chair, I second it all in favor all right.

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Well, I take care of that. Thank you now would you like to introduce the board members, so we know yes.

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We have a new member, I'm guy bradley good evening, rich richardson wayne, madinski lindella, hey, okay,.

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um Tonight's meeting is open to the public. Make please make sure you sign the attendance.

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Outside in the lobby, uh so we can get back a hold of you if there's more information.

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Also in lieu of in-person attended, citizens may just listen to the meeting.

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On their phones but not speak to the board by calling.

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Of 1-301-579-7236 and then use access code, 963-443 or view the meeting remotely on channel 95 and.

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Youtube I will open the meeting up for in-person public testimony. After all, the presentations and.

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Testimony by the applicants and representatives have been completed, you will be asked to state.

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Your name and address for the record, and I will swear you in you- will have three minutes to ask.

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Your questions or make comments directly to the board. Your comments will be recorded and heard.

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By those of us in the chesapeake building channel 95 on youtube after the public comments portion.

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Of the meeting is over the case will return to the board for discussion and its decision.

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Now, before we start tonight, we only have four members, the uh chairman's not here so if anyone is.

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Worried about you, it only takes two votes to turn your application down.

A

So, as far as I know, you're not locked into having to do this tonight because we're sure to remember.

C

I I would agree um with only four members: there is the chance of a tie right, um which is which.

C

Is not an approval um and so- and you know you're trying to get three out of four versus three out.

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Of five, so some people would say you're, um uh you know your statistical chance is less.

C

So um if, if you were to open the hearing and let the applicant make that decision right, um they.

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Could ask for a continuance to a date certain and then it would not have to be re-advertised.

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Right yeah, I just want everyone here to know that before we get going.

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I don't know, what's what do we have next, uh mr.

C

Murphy wanted to update the board on our covid protocols.

D

And part of that response level calls for modifying in-person meetings, which includes.

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This board so as to uh appropriately respond to safety protocols, as well as social, distancing,.

D

Social distancing doesn't seem to be a problem because, as as members of the audience as.

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Well, as the board concedes, we've included the appropriate spacing, but as for safety guidelines,.

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Those are also encourage, masks and things like that, but more importantly, for this board and for.

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Everybody else is that teleconferencing is now the preferred method of hearings, so this these.

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uh Hearings tonight have already been advertised as in person. However, those who wish to.

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Comment about the uh hearings, as mr medinsky said this this evening, do not have to come in person.

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They can obviously use the phone number available, but it's up to this board whether it wants to.

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For future meetings, particularly those that have not been advertised yet.

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Whether it wants to go to remain in person to do entirely virtual or a combination of both.

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And I leave that option to the board for its consideration.

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So to repeat, the options are stay as it is now, basically do nothing and maintain the social.

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Distancing that we have in place this evening, which we can do with even with five members.

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Rather than the four that are present this evening, as well as the social distancing, that's in uh the.

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Gallery behind me, and or we can do, a combination of some members can be virtual and we can.

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Get everybody the zoom links and or whatever format we're using now or we can do a combination.

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Of both whereby some are present in person, some are by a zoom, and that also goes for all any.

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Applicant a present or a future that wishes to do its uh application in person or over zoom. How.

A

How many people are allowed in your room, uh so the number I've been told is 32 or 33 something.

D

Like that and what we were doing uh during the peak of kovid, when we were allowing people.

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In the room, but with social distancing uh allowed is that if the maximum number of people came say.

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34 people, then we would continue the events or the the cases for that night to another date or what.

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We could do is have people the maximum number of people in here with remaining people in the.

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Hallway, where they can view on the screen or just find a way to ensure that then social distancing.

D

uh Numbers are met so, but it's my understanding is it's somewhere around 32 or 33, but alyssa.

D

Casas can confirm, but that's my understanding, but obviously there aren't that many people who aren't.

D

Close to that many uh this evening, so neil at this point, the county commissioners, have.

E

Left it up to the board to decide, it says, will their own process. It says uh that they shall.

D

That we shall modify, it doesn't say who should decide, but I'm okay as you're the portal I'll.

D

Leave it up to you guys to see as well as the applicants as well, because applicants may feel.

D

More comfortable, even if the board uh says I don't know, we want to be in person an applicant.

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Still has the choice whether to appear regularly and just to clarify there is a scheduled meeting.

E

Next thursday, the 19th and that's already been advertised to be permitted in person.

C

Correct and so that's where we expect to have to strictly adhere to the maximum 33.

C

This is slightly different from what I was describing to you before the meeting I like.

C

This news, because um and mr murphy explained the reason for the difference I had received.

C

The possibility that applicants would not be allowed to attend, but this provides fairness to.

C

The applicants to to let them choose and um and most hearings we do um have less than 33 people.

C

Right so I like I like this, I think mr richardson and I have talked about the desire to have people.

C

In the room, so this is good news. Is that the uh is that the will of the board to continue with.

B

Yes, I like yeah, I like them having the option: okay, okay, all right, yeah! Thank you! So much.

E

Just let us know, of course, if, uh if anything, changes in the future and.

D

As everybody knows, following the news, everything's developing again, unfortunately yeah, thank you.

A

Okay; okay, with that with those business taken care of our first case is the lanhard property.

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uh It's variants vaap 21-0-8-5-4 and I see the applicants here are you? Are you.

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Satisfied with the having four members- yes, okay, okay, so can we square us in yes, sweet again.

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um Do you declare and affirm under the penalty of perjury, that the responses and.

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Statements, you may give will be the whole truth and nothing but the truth. Okay, I do.

F

Okay, would you like me to go through how to navigate to board docs first.

F

Yeah: okay, thank you and then I'll continue on with the presentation. Okay um to access.

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Tonight's agenda and all the pertinent um attachments um one can find them on board.

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Docs, which is located on the saint mary's county website and the website is s-t-m-a-r-y-s-m-d.

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Dot-Com and in this top ribbon at the end, you will see board docks.

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Okay, we wait a moment for board docks to load.

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Okay and once you've hit the home page of board docs you scroll down the meetings.

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Tab to find tonight's meeting, which is the thursday august 12 2021 board of appeals.

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Meeting and on the left hand side you will see that it's right there, too you'll scroll down.

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And you can view the agenda and with that, on the left hand, side is the agenda. The attendance, the.

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And then all of our public hearings, our next pub, our first public hearing, is.

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The land art you can scroll down in the middle and you can see all the exhibits.

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Okay, so let's get started with the lanhard staff presentation.

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G

F

Okay tonight we're here to hear baap 21-08.

F

The landharg property they're asking for a variance from section 71.83.

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To disturb the critical area buffer to construct a second floor screen porch with an existing.

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Above an existing brick patio with stairs down to the patio.

F

Okay, the property, the legal ad was printed in the local newspaper. Southern maryland, news.

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On july 23rd or 23rd and the 30th of this year and the advocate also posted.

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The property and sent out notifications to the neighbors on july, on or before july, 28th.

F

Okay, greg and elizabeth lanhart are the property owners. It is located at 24524.

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Half pound point road: in hollywood, it is located in the rural preservation district.

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With a lda overlay or a limited development overlay.

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It is consists of 1.4 acres, and it currently has a single family dwelling with garage and a few sheds.

F

Okay, the property is located on chuckle creek, just out in hollywood.

F

It is located in the rural preservation, district and surrounded by properties.

F

Also located in that district zoning, okay, the existing conditions, okay,.

F

We have a house and a shed in the long driveway to half point half pound point road.

F

A little bit closer up, you can see the detail, and this is where they would like to.

F

Can you see my mouse on your screen? Yes, good? Okay, this is where they will be, placing the.

F

Second story um covered patio or a covered porch screen porch. So there's an approximate 12 by 12.

C

Portion of that that connects one wing of the house to another right, so the second.

C

Floor screen porch will be constructed above that roof, and then you see the brick patio forward of.

C

That roof towards the shoreline, the other 12 by 12 portion of the proposed green porch, will be.

C

Directly above that patio, and then the stairs down to the ground would go down to the other.

C

Side of the brick patio patio, so nothing is going to be covering up existing lawn.

C

It'll all be on top of the existing house and existing patio. Mr knight, a question: I missed the.

H

First part of that, but there's a existing screen force up there. No, no! um It's it's! The screen, porch.

C

Will be on top of the existing approximate 12 by 12 portion of the first floor that connects.

C

The two wings of the house reading the letter it says would cover the existing 12 by 12 room.

C

Yeah a first floor room: okay, there's a room on the first floor with a with a roof, and this green.

C

Porch will be constructed above that room, okay, thus making it a second floor, porch and and the.

A

Part that covers the patio would just be one story. Yeah, it's a so. The porch itself is 12 by 24 right.

C

So half the porch is going to be on top of the house, and the other half will be projecting above.

C

The patio so that, underneath the porch she'll still be able to enjoy the use of her patio, okay.

G

Thank you for that clarification.

F

Okay, the health department has approved the site plan and is exempt from storm water management.

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And soil conservation requirements due to less than 5 000 square feet of soil disturbance.

F

And the critical area commission did not oppose the variance request. Okay, this is the critical.

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Area map, as you can see, a portion of the hundred foot buffer um impacts, the critical area or.

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Impacts the house: here's a the site plan as you can see, there's a proposed 12x24 um screen, porch.

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Half over the house, half over the existing brick patio with stairs going down over the patio well.

F

I have a detail on the next page and there we go. This will be the screen patio right here, 12 by.

F

24 with the um stairs on the adjacent side over the patio, screened porch, I'm sorry screen porch.

C

Above the patio, okay and so the notes to the right clarify it um so propose 12 foot by 24 foot. Second,.

C

Floor screened in porch half over house half over existing brick patio stairs down to brick patio.

A

Is everybody clear on what's going on there? Okay, okay, perfect, okay, here's the detail of the buffer.

F

Which shows how it the buffer impacts, the patio and a portion of the house.

F

Okay, so with a 162 square feet of permanent disturbance at the three to one ratio for.

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Mitigation buffer mitigation, the total would be 486 square feet that would be required.

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A minor buffer management plan will be required prior to the issuance of a building permit.

F

Okay and then we'll go over the standards um once we get into the discussion. Yes, so.

C

The standards were in the staff report um with some suggested talking points, but we thought for.

C

um Improvement in our process as the critical area commission assistant attorney general said that.

C

When it comes time to make your decision, it should be based on each one of these conditions.

C

So we thought we would hold these slides for after the applicant's presentation.

E

I think that's fine yeah, that's no problem at all yeah, I'm good with that. Yeah.

A

Okay, so we're ready for the applicant ms leinhardt, um please come forward and he will swear you in.

C

And you can actually come to the table yes, but um stand for the.

C

Raise your right hand, do you declare and affirm on the penalty of perjury? That's testimony.

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Responses and statements you may give will be the whole truth and nothing but the truth.

A

I do thank you, could you state your name and address elizabeth.

I

Two four: five: two four half pound point: hollywood maryland 20636. um I am proposing a 12 by 24 foot.

I

Porch the critical area laws have changed since the house was built. The house was built.

I

Like 50 years ago, purchased it in 2011, my husband had had a stroke, so we bought a house that was all.

I

On one property, we were gonna enclose, the back porch, which is the area that you see.

I

That is bricked and we weren't allowed. They said because it was so close to the water because of.

I

The critical area we couldn't enclose the porch, so the bes and he passed in 2015.

I

So the only way I could see to and just we just want a screened-in area just eating crabs, inviting.

I

Family over there's only one way and they said to go above, so I only have one area above my house.

I

Which is a 12 by 12 room? It's a small kitchen area with no second floor. The rest have of the second.

I

Floor, so if and a 12 by 12 is not going to include and do what I need as far as having family over.

I

And having everybody just around the table, t-craft, so the only way I could see it was to extend it.

I

Out and the builder was saying- we'll go out 24 feet because the wood is 24 feet but and and.

I

That's the length of the area, that's already been disturbed, it was there when we built the house.

I

So the only disturbed area would be where they would have to dig for the footings for the two.

I

Poles to go into the ground um and if you know I I would plant trees or whatever I would have to do.

I

So that's my main reason for I don't have really another choice of anywhere else to screen in or I.

I

Could do it in the front of the house, but then I have to walk all the way around the whole system.

H

Just have a question: you say the house is 50 years old, yes, the brick deck down below was that done at.

H

The same time the house was built, or is that newer, yes, is it? Is it pervious or impervious.

I

um I don't know, but I guess part of it is well but by critical area regulation definition.

C

It's lot coverage, they they don't use the term pervious or impervious anymore. It is lot going on.

C

It's it's it's impervious. um Well, you could say it's impervious. I mean the the chinks between the.

C

Bricks, if it's not mortared, would allow some water to seep in but um impervious surface is.

C

A term that was used for a great many years with critical area discussions in um 2008, they changed.

C

The definition as lot coverage so bricks meet the definition of lot coverage. It's not impervious.

H

Then I did not say that I I personally would say impervious is equivalent to lot coverage.

C

The critical area law wanted to get out of the debate about, does water soak in or not, and so now.

C

um But you know bricks will absorb some water. Will they not, but but at some point they they become.

C

Saturated and then it sheds off of them, and so I would say a bridge, that's totally that's totally.

H

My understanding yeah that brick is primarily other than 14 year old childhood right. They could.

H

Be loose for oil for over a period of time they do fill in and then the water does not go through.

H

And what is the size of the brick? How many? How big is the area 12 by 28, I think 12 by 18. 28.

I

But don't hold me. Thank you. I think that's what it is. I think it's a good, but.

I

It was there, it's it's old, it was just there when we built the house, and I was.

I

When we bought the house, I'm sorry- and that was my understanding not knowing, but that we could.

I

Enclose it as a porch from a husband who was in a wheelchair and but then I found out that we.

I

Weren't able to enclose this area, we could only build up yeah. Unfortunately, sometime in the past.

C

She had communication with, I have to assume the department of land use, growth management.

C

And and she was discouraged from applying for a permit to build directly on top of the patio.

I

Right I just had a friend of mine that worked in it yeah, so mr knight.

H

Is always I'm always concerned about mitigation, as miss leinhardt said other than that you're.

H

Going to put two poles in the ground and have a deck and we're talking 486.

H

Square feet for mitigation: this isn't an awful lot just to put two holes in the ground. Put two.

H

Poles up, I can see your point um the definition of permanent disturbance, though.

C

And incorporates the porch that's up above those two post holes down below as well as.

C

That portion of the stairs that are in there so can you jump back to the exhibit of your.

C

Close-In of the I'd have a picture of a house that has those two poles like that.

C

Understood if you um see that that critical area line yes um so of the um 144 square feet of the.

C

Porch, that will be above the patio and then the stairs as well, which would be to the side.

C

Which I should have calculated in the file only 162 square feet will be within that hundred foot.

C

Buffer area and the definition of permanent disturbance means a material enduring change.

C

In the topography, landscape or structure that occurs as part of the development, so it there so.

C

While the structure's not disturbing the ground, it is a structure in the buffer, 162 square feet, work.

H

Is there a way we could reduce the mitigation from 486 to something lower than that.

C

um We can feed her. I'm sorry does he mean like instead of 24 feet like back 20 feet or.

C

You should well as she's pointing out she would have to build a smaller porch to do that.

C

We cannot grant a variance um from the mitigation standards, so you think the 486 is.

H

Appropriate appropriate when applying the regulations as written okay. Thank you.

A

Any other questions comments. Okay, so you mentioned the stairs. I'm sorry, you mentioned the stairs. You.

J

Said you need to go back and calculate? Oh actually, I do have it here at 72.

C

Yeah, so um we calculated that 126 square feet of the porch, which is.

C

144 over the patio, so 126 square feet and then 36 square feet of stairs.

J

Okay, totaled so they're not going to have to add any mitigation because of the stairs the stairs.

C

Are already incorporated in this calculation, okay, amy's going to come out here in a minute. I knew it.

A

You're going to have to speak louder and closer to the mic: sorry, okay, yeah and uh just for record.

J

My computer's restarting for some reason. I don't know why you need help. I can come over no we'll.

J

See what it does this one was also threatening to restart. Yeah must be a system upgrade.

C

Okay, now did she was interrupted? um Can we get back to her presentation, yeah.

C

Oh no, I was just well, I mean it was an appropriate question that came up during your.

C

During your presentation, so we didn't finish all your pictures.

G

Oh I mean do you want to do. I mean you're, welcome to say you've, I'm not frustrating one fair. Another.

B

I'd like to see the pictures, are you sure, yeah she's she's brought photographs um yeah.

B

I'm seeing them so, let's, oh I've been flipping through the mess you've been talking. Can you.

C

Go back to the very beginning of the presentation so that we're right here- oh we'll, get back to the.

C

Beginning and make sure we didn't miss anything there, you go okay, there's the first picture.

I

This is just showing the going into the house, the front of the house. That's just.

I

Actually, it was just kind of showing where I had put the sign, can I go to the next one? This is the.

I

Small area right here- yes right in the middle- that is, it would be the only area that I can go above.

I

That I would have access to from the outside, but, like I said it's only 12 by 12 and and I just.

I

Need to put a big table in there for family and it's really not big enough for a big table to go.

I

To go in there so excuse me, so the porch is going to come out towards the car. No, no! No! This is the.

I

Front it, I think the next picture is at the back, but but that um that see that space between the.

C

Pitched roof and the taller roof will be so we see clear sky there. Now that would be occupied.

C

By a screened porch on top of that roof and then project towards the patio. Thank you.

I

Right here, where this little awning is that's what I just have right now, just.

I

For um whatever shade, so it would be behind that right above behind this awning, where.

I

You can see the small area, and then it would protrude out where the awning is would be the.

I

Floor of the second store of the porch and where the two poles are of the just, this awning would.

I

Be the two poles I actually took a picture just today of a a house that was being built.

I

With that but came out like and it was it had the two pull just two big poles. They dug two footings.

I

To support it, um I have that on my phone though, but imagine the the canvas of the awning there.

C

Is the floor of the porch and then the porch would be above? That's, that's the you did get.

I

It I didn't think you got it yeah. That was that's the picture that I took of. I mean kind of an idea.

I

But mine wouldn't be closed in just to show that there's just two posts holding that up.

I

Okay, which the post would have to go in into the um the pavers that are already in in the ground, though,.

I

But those that would be the only two places that would be dug to have to have footers or footings.

I

And aside from being well, it's 103 feet from the water, but it is.

I

Up on a hill too, if that obviously might be its leaves on a hill, but if that matters.

G

We're looking back up here.

I

And I can plant trees down here or.

C

She's got a lot of buffer area to plant yeah, so.

C

Sorry, um so is there a opening on the upstairs into the house? No oh, to go up.

I

From the new porch from from the new screened in porch, you're gonna be able to get into the.

A

House, no only from the outside, that's a shame, yeah! That's! I don't have a choice.

I

Oh really well, the upstairs. The one wall is a bathroom.

G

And the other is the is the ceiling of a garage. So it's the only choice that I have, which is you know.

I

We'd be outside anyhow, so make light of the situation, but for a few dollars or.

C

More I'm sure the contractor would find a solution. It's like, like a little tree house.

I

And this shows this: this shows the patio out and it goes. It extends all the way to.

I

um The beginning of that um window, it doesn't look that big to hear what it is so.

J

In your original design that you were told you couldn't do all you wanted to.

J

Do was close in that patio that whole patio, that's it that's all! You wanted to do and.

J

You were denied doing that. Well, not officially, but I just I had talked to people discouraged.

J

From doing that, discouraging the right word well, they said I wouldn't be able to do it. Do.

C

You know when that um conversation took place um 2012 when we bought the house. Yeah would.

I

And we almost didn't buy it because of it. But because my husband was in a wheelchair um and we.

I

Were there was um we had to have something on one level and had to kind of find something quick, so.

I

We kind of just said: well, you know we won't, we won't do it and um a second story wasn't going.

I

To help him so now that you know we, I put the thing outside and it doesn't seem to help and.

I

So I would just have some area my kitchen isn't big enough to have my family to eat, crabs or eat.

I

You know outside on the water, so can you go back to the um picture with the tent? Yes slide, five.

I

There there's one tent.

B

So the patio comes out to where the the picnic table is yes,.

I

Yes, these go right to the edge there's four posts and the two that are closest to the water. Two are.

B

B

The present patio, the bricks. Oh I'm sorry! Yes, it goes from there um to.

I

The picture to the left of the door all the way across yeah right there.

C

Is the picnic table on the patio? Yes, both tables are.

G

Let me go back, is everybody good good.

I

And my neighbors homes sit way back. If you can see from this drop from that drawing.

I

They're nowhere near they can't even see my back. Oh that's my drawing there you go. That's.

A

Beautiful I thought so I didn't know I was going to be on the screen, but.

C

It's public record now I know it said. I see the note said: no electric need it, but you are gonna.

A

Have electricity this is this was for the builder. The builder is not gonna. Do it. I have an.

I

Electrician, that's gonna! Do it yeah, oh okay? Okay, sorry that was.

C

Kind of preliminary conceptual sketches: okay,.

A

That's this that's fine. You've explained thank you for.

I

This just shows that there's no homes across the street, it's all wooded area.

F

Same thing in case, you were concerned about impacted neighbors.

C

Yeah and my neighbors are: yes: they they're they sit way back. Okay,.

B

Can I see this the uh screw the.

B

The plat the where the buffer is, how much? What is this patio? Okay, you want to see that one.

F

The patio would be right about there. You can see my mouse.

F

It's too bad: we couldn't just let her have the whole screen and patio with the top. I mean.

B

The part that's in the buffer is the part that, where the other part wasn't in it right.

H

I agree you know with that much medication, but then that ain't, what.

A

We have in front of us tonight trying to help you out girl. I would love to.

C

um Mr scott, is there a certain um latitude based on, I think I think, maybe the biggest.

E

Concern is that's not what the critical area of uh commission saw so I'd be concerned.

E

About that, certainly this board could accept a modification or an amendment to the application.

E

Within reason, and could uh impose conditions on the approval of the application that wouldn't.

E

Include those amendments or modifications, but I'm concerned the critical area.

E

Commission didn't see that wouldn't have seen that revised plan we'd be obligated to send it.

C

So perhaps a condition would be um a return, um so maybe a host a post approval uh condition.

E

We could do that sure, and one of my concerns is we're having having her mitigate air well,.

B

Just I can't hear you brad, I said one of my things: is she she's having to mitigate air.

J

She's not mitigating anything else, but air, that's kind of silly and that's what I'm saying because.

J

Patty is still already there she's, not even the patio is there. She just wants to go above. It.

J

She's, mitigating air, that we need to be able to do something yeah. I know this. This board tends.

E

To not like that mitigation regulation, but it is it's not within our jurisdiction, understand.

E

Unfortunately, so ms leinhard, it sounds as though the board would be willing to let you modify your.

C

Request and turn it to into a um and somebody correct me if I'm missing the point but um turn.

C

It into a ground level, screened porch above um over the patio, is that what I'm hearing.

J

Yeah, that's what I'd say. That's what I say if that's her original design, that's what.

J

She wanted to do she's not having to mitigate anything. It's already over an existing patio.

J

um Which has been there, so it's just light coverage. There is no, I see no reason.

J

um I know I'm new to this. I see no reason why she couldn't screen in that whole area.

J

And be just fine, I would have no problem with that whatsoever. Also the if she does have to elevate.

J

It if that is her true design and she's, been doing this for a little while so ma'am. It is your choice.

J

And then having her to have to mitigate air, um there should be some way we could work with that.

J

Now being new to the board and not knowing all the ins and outs, please forgive me, but the common.

J

Sense rule needs to be applied in this case and that's my thought. I think the previous owners.

I

Tried to put tried to enclose it and I don't, and it was either glass or screen and they weren't.

I

Allowed, I understand, can't speak for that. I just see what I see. No I'm and what I see is really.

E

So what what would be the dimension of is it 12 by 24? Is that what it is yeah? Yes, okay,.

E

So 12 by 24 and harry some mitigation would still apply because it's I would conjecture that more.

C

Mitigation because half of the porch is above the house outside the buffer right and.

C

Part of the porch that's hanging over the patio is outside the buffer, so we would have.

C

To recalculate, um I anticipate that um it will be more mitigation, but it will also be a ground.

C

Level porch that would be more um easily used than having to carry your foods and beverages up.

C

A flight of stairs the um is that excuse me, is that something that you would be interested in.

I

Either one I just want, I just want to be able to get the screened in area without all the bugs.

B

So, okay, I'm sorry go ahead! Oh um so um the the mitigation is because of permanent disturbance.

C

Not because of lot coverage and so building a porch on top of existing lot coverage.

C

By definition is permanent disturbance because it's a material change, albeit to.

C

That lot coverage that's already in the buffer, but your permanent disturbance is already over.

J

Something that's been permanently disturbed, it's already not natural substance there. Yes, so if.

C

Only the definition of permanent disturbance had those exceptions in it, but it does not. Is that.

J

Something that this board could issue a variance on or hear variance on. I mean it sounds like a.

J

A dual: well, the critical area regulations are state law and and then adopted as local program.

C

So um that definition is in the state law, we do have the opportunity to.

C

Craft our own local program and then the critical area commission has to.

C

Approve our proposed rewording, so the board can't do that. That would have to.

C

Be done legislatively correct, not not within our jurisdiction as much as we don't like it.

E

Understood, mr nice would be reasonable to go to 12 by 30 rather than 12 by 24.

C

um It I mean if, if the board wants to um consider making that decision, um if ms lanhard wants to.

C

Consider making that amendment um we don't know the precise dimensions of the patio or do we.

A

I I think, we're complicating them. I think we are yeah and she came here for one thing and.

A

We're trying to talk her into something else, I'd like to go with, I know it makes sense. I.

A

Understand where you're coming from, but I'd I'd like to go on with what we got: okay copy, that.

C

Well, I mean the chairman has spoken so well and that's what she wants and that's what she has.

A

Plans for that's, what's been, you know critical. Our area has seen and I think we should just.

A

Move on, are we over done with our photos? Are you done with your presentation? Yes, leonhard.

C

Okay, thank you very much. Okay, thank you did uh mr knight now do we need open public testimony now or.

C

I would say that you do, um I mean you could have more discussion, but at some point you.

C

Do have to open it to public testimony. Okay, I'd like to open it to public testimony. Is anybody.

A

Seeing no one I'll close it, uh we don't have a phone call, let's see if anybody's, on the phone on.

E

The phone see the phone lines were not advertised and not prepared for tonight. This is getting.

E

Really confusing yeah absolutely yeah, okay, because this was advertised full open public sure. So so no.

C

It's not advertised no testimony from the phone tonight, okay! Well, german! I'd like to emotion! Well,.

E

Wait a minute hold up, mr knight, the uh you said: were you ready for the condition slide? Yes, yep? Yes,.

F

Okay standards for granting the variance in the critical area.

F

Okay, before a critical area of variance may be granted, the board of appeals must.

F

Find the following a that special conditions or circumstances exist that are particular.

F

To the land or structure involved and that strict enforcement of the critical area.

F

Provisions of this ordinance would result in unwarranted hardship. The property is.

F

Constrained by the critical area buffer due to the tidal waters of the czech old creek.

F

Partner yep, if you'd like to discuss that point.

F

We can do so now. I don't. I don't have any problem with that at all.

A

Okay, okay, I'll go on to the next one, I'm good: okay, okay, the strict interpretation of the.

F

Critical area provisions of this ordinance will deprive the applicant of rights commonly enjoyed.

F

By other properties in similar areas within the critical area of saint mary's county.

F

The applicant is proposed to construct a screen porch, a common residential amenity.

A

Okay, okay, everybody's okay! With that, yes, sir, okay, see the granting of the variants will not confer.

F

Upon an applicant, any special privilege that would be denied by the critical area provisions.

F

Of this ordinance to other lands or structures within the critical area of saint mary's county.

F

The applicant is proposing to construct a screen porch, a common residential amenity.

A

I've said on a lot of these, and this is yeah pretty basic. Okay, the variance request is not.

F

Based upon conditions or circumstances that are a result of the actions of the applicant.

F

The applicant purchased the property in 2012 and the home was originally built in 1955.

F

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

F

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

F

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

F

Program, the applicant will be required to mitigate the proposed development with an approved planning.

F

Plan as part of the building permit process, the plannings are intended to offset any negative.

F

Effects and provide improvements to the water quality, along with the wildlife and plant habitat.

G

Okay and f, the variance is the minimum necessary to achieve a reasonable use of land structures.

F

Land war structures, the applicant is proposing to construct a second floor.

F

Screened porch, with stairs down to the existing brick patio.

A

And by the applicant's testimony and pictures shows it's not going to interfere with any.

A

Neighbors or block anybody's view, I certainly think it's fun uh any more discussion. No sir.

H

You got a motion. Yes in the matter of vaap number, 20 21-08-54 have made a finding that.

H

The standards for granting a variance and the objectives of the sections 24.4 of saint mary's.

H

County, comprehensive zoning ordinance have been met. I moved to approve the variance request.

H

From section 71.8.3 to disturb the critical area buffer to construct a second floor, screening porch.

B

A second all in favor, hi, hi, okay, your your variance request has been approved.

A

um 30 days, yep in order reflecting the board's decision, will be prepared by staff and signed by.

A

The board within 60 days, a 30-day period following from the date of the order, is signed during.

A

Which any aggrieved party may appeal the board's decision to circuit court? The recording secretary.

A

Will mail you a copy of their order when it has been signed? Good luck, thank you. Send us pictures.

A

Okay, keep going.

A

Second case done: property, the done property variance, vaap 18-1894.

A

A variance from section 71.8.3 to disturb the critical area buffer to construct the.

A

Deck attached to the house and from section 71.5.2 to just to disturb the non-toggle wetland buffer.

A

To construct a detached shed, okay, yep see. Our second case is baap 18-18-94, the done property.

F

They're, asking from a variance from section 7183 to disturb the critical area buffer to.

F

Construct the deck an attached deck to the house and also the detached shed.

F

They're also asking for a variance from section 7152.

F

To disturb the non-title wetland buffer to construct the same, detached shed.

F

So there was just a little bit of a change there. Okay, the legal ad was printed in local newspaper.

F

Southern maryland news on july, 23rd and july 30 of this year, the applicant posted the property.

F

And sent notification to the neighbors within 200 feet on or before july, 28 2021.

F

The owners are amy and vincent dunn. The property is located at 16, 980 piney point road in piney.

F

Point it is located in the rural preservation district with an lda or limited development.

F

Area overlay, the property consists of 1.35 acres and it has currently a single family house on it.

F

From the location map you can see it's located in piney point.

F

On the northern end of st george's island.

F

It is located in the rural preservation or zoned in the rural preservation, district and surrounded by properties in the rpd.

F

Existing conditions, as you can see here, we've got the house with the driveway.

F

And we'll get into the wetlands a little bit more okay right here, you can see a change in the.

F

Soil content: that is where the wetlands are at okay, so interesting um point that came.

C

Up during the review of this our maps, the state wetland maps declare it tidal wetland.

C

um Mr dunn, had um a maryland department of environment representative come down, take.

C

A look at it, she declared it non-title wetland, so we actually had the critical area. Commission.

C

And the maryland department of environment title wetlands division, um not in agreement and.

C

So mr dunn originally had his shed in the um in the non-title wetland according to mde.

C

But which would have had it farther from the shoreline, so that seemed like it would.

C

Be more accommodating to the critical area commission, but the critical area commission.

C

Said in keeping with their standards to not disturb habitat, sensitive areas, etc,.

C

That it should move out of the non-tidal wetland, they weren't convinced it was non-title. Just the.

C

Same and so mr dunn actually moved the location of the shed after already obtaining a permit to.

C

Disturb the non-tidal wetland, so technically um the shed is in the critical area buffer.

C

um As well as the buffer of the non-tidal wetland, if mde prevails on that discussion,.

C

F

Okay; okay! Sorry for that, it's okay, they're, proposing to add the deck in the shed.

F

um The health department currently has the site plan under review. It is exempt from storm water.

F

Management and soil conservation um district requirements due to less than 5 000 square feet.

F

Of soil disturbance, the critical area commission commented on this on june uh 10th 2021 july 21st.

F

2021 and july 27 2021 and with their last letter they did not oppose the variance yeah. That was.

F

With the movie and the yeah, mr dunn's original request was a larger shed deeper in the wetland.

C

And he kept changing it to get the critical areas. um Favorable letter, okay, okay,.

F

This shows the um wetlands as um mde sees them as tidal.

F

Okay- and this is showing the wetlands on the site plan- here's the driveway, the house.

F

This is existing.

F

Bump out on the house and off that bump out, they would like to put their deck.

F

Wrap it around a little bit with some stairs. Okay.

F

And then they're proposing the shed outside of the wetlands here, but still within the critical area.

G

Okay, a little bit closer up.

F

Okay- and here are the shed elevations, it's a 16 by 6 16.

C

And the shed is up on stilts to make it um less disturbing.

F

It's st george's island with the floodplain too.

F

Mitigation they've got.

F

656 square feet of permanent disturbance at 3 to 1 ratio.

F

101 square feet of temporary disturbance for a total of 757 square feet of buffer mitigation.

F

They will also have to provide 3034 square feet of a4 station to reach their fifteen percent minimum.

F

um Forced um cover so a minor buffer management plan um as usual, be required.

F

um And the a4 station plan must be approved um prior to the issuance of a building permit.

F

Okay and then I will pause this right here.

A

Okay, oh any questions. Okay, this is done. We do have two chairs, you chairs and two microphones.

A

Yeah, please stand raise your right hand. Do you declare and affirm under the penalty of perjury,.

A

That the testimony response, responses and statements that you may give will be the.

A

Whole truth and nothing but the truth. I do okay state your name and address.

K

Vincent dunn, 16, 980., sorry, vincent dunn, 16, 980, piney, point road, piney point maryland.

C

And you, you can sit now: amy dunn, 16, 980, piney, point road pine point maryland. Thank you.

K

So go ahead and start yeah. I just started to decided to start with some photographs of the house.

K

And this bump out, this sunroom is where I propose to put the deck.

K

As you can see, I've got hvac equipment to the right and to the right of that is a bedroom.

K

That doesn't make access very manageable, so we just want to come along the back of the sunroom.

K

And extend three feet over so that we can tie the stairs into the new deck. uh I want to build.

K

The deck about uh 30 inches off the ground so that we don't need a handrail to block the view.

K

And use deck boards that are spaced about 3 8 of an inch apart so that the water can.

K

Roll right down through onto the ground.

H

Next picture, please.

K

More of the same that shows the bedroom window on the right, so setting up the location for the deck.

K

That's a view from across the street. You can see that little side porch that exists now.

K

That I'm proposing we tie in to the new deck going out to the right. We've got that nice.

K

Lob lolly, so we don't want to do anything to disturb that.

K

Different angle, you can see the our well is over here as well, uh but we wanted to come.

K

Past that sun room and just tie those stairs into the new deck. That would be a couple of steps down.

G

So we're not going to add any more stairs right, correct, yeah and also just for um I.

K

Can build that deck using six posts on three on each side, so the disturbance would be minimal.

K

And I would hand carry all the lumber around so that you know I'm disturbing as little as possible.

K

um And I just wanted to show that some of my neighbor, just in the neighborhood there's.

K

Folks, with sheds and decks that are close to the water, I have a few pictures of that right. There.

A

That was actually a business right yeah that one was the business. Wasn't it.

K

Yes, that was, I don't know if that yeah yeah, it's ready, doug.

G

That so little one that you just had off was our direct neighbor to the left. Yeah.

K

And then the other one, the next one is uh our neighbor across the street.

A

And you're gonna have to raise yours like that. Yes, oh yeah, so I was I'm proposing to build the shed.

K

18 inches off the ground so that water can freely flow underneath of it. It is in the flood plain.

C

Right so the shed's not required to be elevated, um but it, but it is required.

C

To be vented to let the flood water flow through and so much better to be up on stilts.

C

Yeah right, I was told by md that that was preferable. So that's fine with me. That's our.

B

Neighbor across the street, have you ever seen the house on st george island? Okay? Are there any more.

G

Pictures there's a few more there's a few more of sheds and decks but yep. Basically, that's it.

B

Can you go back to the picture where the back porch is going to tie into the existing steps.

K

A

That one or the one before one before that I think.

A

No nope yeah, there we go there, we go okay.

B

So if you look at that sun room and it's on pilings.

B

The floor of the deck is going to be like at the bottom of that white board.

B

That's correct! Yes, okay! So when you come over there, then the steps- I don't understand.

B

How you're going to incorporate those steps? Well, uh so the deck would go um past that sun.

K

Room on the left, and then I would just rebuild those stairs so that they land on the new deck.

B

So you have to turn the steps, the other way other direction, no ma'am, that they would.

K

Continue straight on as they are now it would our the deck I'm proposing would go past that sunroom.

K

So the width of the stairs, which is three feet you want to go back to on the side, clamp detail.

I

There's a small deck on the side of the house. It's very tiny right right where her cursor.

K

Is is where the steps are right there, so the two decks will be connected together.

K

By stairs the new one will be lower than yeah than the existing one. That's why I'll I'll just.

K

Rebuild the stairs so that they land on the new deck as opposed to the ground. It's gonna be my.

K

Level, yes, ma'am, yes, yeah! The existing deck is up with stairs to the ground right. So when the new.

C

Deck comes in, the existing deck will have stairs to the second deck right and you're not going to.

B

Have any steps off of the deck the new deck? You don't need them, no 30 inches off the grounds.

K

Well, your that's a fair point. I'd probably just make it so. Those stairs.

K

Could turn out right there and land on the ground, the ones from the upper deck? Okay,.

B

A

Okay is that it yes, sir.

A

um I want to open it to public testimony. Okay, thank you very much. You have to talk about the.

B

Shed, we have to talk about the shape yeah. He did. They mentioned the [ __ ] and raised up. Remember.

A

I said: was he going to have to raise this up like that, be like that? Okay, no steps in the shed.

A

Yeah he's going to have to have some type of steps there I'll be coverage right. Oh did you have a.

A

Yeah well then, I have a question you're going to have steps to the shed too, because that's.

A

18 inches up yeah, so I was just going to build a little ramp down so that I could just wheel a lawn.

K

Mower out or you know so so that'll be covered yeah. Well, it's not covered right now because it's.

C

Not depicted on the site plan so a ramp um down, we can, um you know, accept that modification now.

C

And get it entered into the record? um Do you want to sketch that onto here sure and I've um I've got.

C

A red pen- okay, that's what I was wondering look. I was like okay, how are you gonna get that lawnmower.

B

In and out yes ma'am, I mean probably a really strong man, but I don't think you can lift it up. No.

C

And steps are a lot coverage, so it's going to add to your medication. Yes, and also is it ramp lock.

C

Covers, yes, is: are steps or ramps better for lock coverage? Well, actually, if the ramp was constructed.

C

With gaps between the boards like a deck to let the rain flow through, then the ramp could.

C

Be treated as a deck and decks are not locked coverage, but they are permanent disturbance.

C

It's going to affect mitigation. um Well, let's see, if you were at a lot coverage limit, it's going.

C

To be easier to get into the dimensions the ramp than it is a set of steps, we don't own a lawnmower.

F

Please yeah they've got um plenty of lot coverage availability, so I mean.

C

I mean logically um oftentimes a ramp leads to a shed because you want to maybe roll something up.

C

Whether it's all you know, boxes with a hand truck or what have you um the so it's going to.

C

Be the same quantity of permanent disturbance based on the aerial view of the square foot.

C

You don't have a lot coverage concerned because you're only halfway to your lot coverage maximum.

C

Of 15, you only have seven and change, so um the important thing is to know the footprint of the.

C

Ramp or steps okay, and that would be both for the deck and you mentioned possibly turning steps into.

C

The yard between the two decks, so it would be good to illustrate those as well okay. So if we.

B

Can see the elevations of this shed, because the shed doors are going to be standard doors are.

B

Going to be double doors, I presume it's going to be double doors, yeah, double doors yeah. So that's.

B

Gonna you need to put that in there, okay and then the stairs off the deck. If you turn the, if he.

J

Turns the stairs are they gonna need a variance to do that is that well this. This is the variance, is.

J

It going to add to any of the coverage or anything. Is there anything some steps count as lot coverage.

C

Okay and and both both steps and decks are permanent disturbance. Okay, okay, good catch.

J

She's on it she's on it yeah. So that's what we need from well, let's start with the ramp.

K

At the shed, so if I had a five foot by I, it would come out five feet further.

K

To get down to grade so 25 square feet and then the stairs could just be three feet by.

K

You need uh three treads, four rides or so.

K

Three by three basically would do it for the steps off the deck.

C

Okay, so we'll show this to the board members and I'm just going to add those.

C

um So this is um nine square foot steps.

C

There- and this was I'm sorry- the dimension of the ramp five by five 25 square feet, 25 square foot.

C

G

Nine square foot steps all right, that's what I knew you needed when I saw that. Thank you.

A

Do we have to change anything in our motion for that or put a condition in or just you're.

A

Just going to handle that, with your uh mitigation, we'll adjust the mitigation.

C

And then here's the steps. I think your motion should indicate that it's uh to approve.

E

If you're going to approve, approve the application, as amended here in the at the hearing, okay.

H

I'd have to ramp on a pulley and pull it. Lay it down and pull back up.

H

There you go yeah, you want to have to mitigate murphy.

C

There you go, that's a lot covered murphy ramp.

C

That's a lot of coverage. Okay, I'm going to open it to public testimony.

A

Thank you very much. Thank you. Thank you singing on a closed public testimony, okay, miss joan.

F

Okay standards for greening variances, okay, except is provided in sections 24.3.

F

24.4 and 24.5, the board of appeals shall not vary the regulations of this ordinance.

F

Unless it makes the findings based on evidence presented to it that these are the standards and.

F

As it applies to the disturbance of the non-title wetlands, okay because of a particular physical.

F

Surrounding such as exceptional narrowness, shallowness size, shape or topographical conditions,.

F

Of the property involved, strict enforcement of this ordinance will result in practical difficulty.

F

The presence of the non-title wetlands over 50 of the property constitutes the particular physical.

F

Condition yeah and for clarification, these standards only apply to the shed, not the deck.

F

The conditions creating the difficulty are not applicable generally to other properties within.

F

The same zoning classification, okay, the specific condition cited in a above is not generally found.

F

On other properties, within the rpd zoning and the lda overlay.

F

Okay, the purpose of the variance is not based exclusively upon.

F

Reasons of convenience, profit or caprice. It is understood that any development necessarily.

F

Increases property value and that alone shall not constitute an exclusive finding.

F

The applicant is proposing a deck in a shed a com, both common residential amenities.

F

The alleged difficulty has not been created by the property owner.

F

Or the owner's predecessor and titles, the wetland appears to be naturally occurring.

F

The granting of the variants will not be detrimental to the public welfare.

F

Or injurious to other properties or improvements in the neighborhood.

F

And the character of the district will not be changed by the variants. The neighboring property.

F

Owners have been notified of the variance request to provide them with an opportunity to speak.

F

And sixth, the proposed variants will not substantially increase the.

F

Congestion of the public streets or increase danger of fire or endanger the public safety.

F

Or substantially diminish or impair property values within the neighborhood. The applicant.

F

Is proposing a decade both common residential amenities, number, seven, the variance complies.

F

With nearly as possible, with the spirit, intent and purpose of the comprehensive plan.

F

Chapter three of a growth management strategy of the comprehensive plan establishes a goal.

F

For land use in the rural preservation district for low-density, non-farm residential development.

F

By preserving the county's rural character through development on existing parcels.

F

Okay, all right, thank you. um Any discussion comments, I'm happy with it. I answered all.

J

My questions, okay, I still have to do the now. The critical area standards for both the deck and the.

C

Shed: okay, those were the general standards for the disturbance of the non-title wetland buffer, okay,.

F

Okay, um four critical area variants may be granted. The board of appeals must find the following.

F

A that a special condition or circumstance exists that are pecu.

F

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

F

Area provisions of this ordinance would result in unwarranted hardship. The property is entirely.

F

Within the critical area buffered due to the tidal waters of st george's creek, the strict.

F

Interpretation of the critical area provisions of this ordinance will deprive the applicant.

F

Of rights commonly enjoyed by other properties in similar areas within the critical area of saint.

F

Mary's county the applicant proposes to construct a deck in a shed both common residential amenities.

F

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

F

Be denied by the critical area provisions of this ordinance to other lands or structures within the.

F

Critical area of saint mary's county, the applicant is proposing to construct a deck in a shed.

F

Both common residential amenities- indeed, the variance- is not based.

F

Upon conditions or circumstances that are a result of the actions of the applicant.

F

The applicant purchased the property in 2018 and the home was originally built in 2000.

F

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

F

Or adversely impact fish, wildlife or plant habitat within the critical area and that the granting of.

F

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

F

The applicant will be required to mitigate the proposed development with an approved planting.

F

Plan as part of the building permit process, the plantings are intended to offset any negative.

F

Effects and provide improvements to the water quality, along with wildlife and plant habitat.

F

And if the variance is the minimum necessary to choose and minimum necessary to achieve.

F

A reasonable use of land and structures the applicant is proposing to construct a declination.

F

There we go okay, discussion comments, um happy only comment I have is they already had to move.

A

The shed to satisfy the critical areas, so they they're trying to do the best it can there and not.

A

I think the deck is very modest, I mean you know we sit here week after week and that's.

A

Very modest, so I'm in favor of it. So my I'm ready for a motion I'll make a motion.

B

In the matter of vaap number 18-1894, having made a finding that the standards for granting.

B

Of variance and the objectives of section, 24.3 and 24.5 of the st county, comprehensive zoning.

B

Ordinance have been met. I moved to approve the variance request from section 17.8.3 to disturb.

B

The critical air buffer to construct a deck attached to the house and from section 71.5.2.

B

To disturb the non-title wetland buffer to construct a detached shed with amendments.

B

To include the shed ramp and the deck step, a second all in favor all right all right.

A

A

An order reflecting the board's decision will be prepared by staff and signed by the board.

A

Within 60 days, a 30-day period following the date of the order is signed, during which any.

A

Aggrieved party may appeal the board's decision to circuit court. The recording secretary will.

A

Mail you a copy of the order when it has been signed. Good luck! Thank you. Thank you.

A

Does anybody want to take a break? No sir got one more right yeah, but I'm saying that.

A

Yeah everybody good, I'm good, okay, what what's next the lane hurts.

F

No share, oh I'm sorry, you're breaking it I'm going backwards. The sheer.

A

Variance, yes, okay, you want to announce that or you want me to yes I'll, announce it. Okay, how's that.

F

Okay: okay: our next case is vaap 21-8, z,.

F

The share property they're, asking for a variance from section 7183 to disturb the critical area.

F

Buffer to construct a three-level deck as an addition to an existing house.

F

The legal ad was printed in the local newspaper southern maryland news on july 23rd.

F

And 30th of this year the applicant posted the property and sent notification to the.

F

Neighbors within 200 feet on or before july, 28 2021.

F

The property owners are peter and michelle share. The property is located, 49740 freeman's.

F

Road in dameron it is zoned rural preservation, district with a lda overlay or a limited, develop.

F

Area, it consists of acres and it has a single family dwelling on it. It is located in bridge.

F

On freeman's road or excuse me in dameron on freedoms, right, freeman's, road, it's.

F

Located within the rural preservation, district and surrounded by the rpd.

F

Properties, we have the existing conditions, we have the driveway. It comes in up here.

F

And then comes down around to the house, as you can see, it is situated on a peninsula.

F

And is entirely within the critical area they are proposing to add a three-level deck.

F

The health department has approved the site plan, it is exempt from storm water management and soil.

F

Conservation district requirements due to less than five thousand square feet of soil disturbance.

F

The critical area commission comment letter did not oppose the variance request.

F

And here's the critical area map in the lda overlay- it is entirely encumbered.

F

By the buffer, okay, they're, proposing to place the three level deck.

F

On the northeast side of the existing house,.

F

Get a little bit closer here, you can see each different level, a 12 by 25.

F

A 15 by 14 and I believe, a 12 by nine.

F

Okay, this is the existing house that zac plans. We got the 9x12 the uh 12x14 and then the 12x25.

F

You can see stairs leading up to the middle deck and then the stairs going up or down.

F

A little bit more detail, lower level, mid level and.

F

Then the upper level stairs are very well defined on this one. Yes, you can see that.

F

Okay for their mitigation, they have 618 square feet of permanent disturbance at 3 to 1 ratio.

F

182 of temporary disturbance for a total of 2036 square feet.

F

Of butter buffer mitigation required and as always a buffer management plan must be approved.

F

Prior to the issuance of a building permit um yeah the 182 square feet of temporary.

A

Disturbance- what's that, that would be it's rolled back to the detail that has an lod.

F

There we go 100., we have the lod set at 800 square feet, minus the permanent disturbance.

F

Which would give you the temporary disturbance? What's that just area for giving building yeah.

F

Correct yeah right, yeah, digging, footers and okay yep all right! That's why it's called temporary.

C

Because what is currently lawn will be disturbed, but when it's done it'll be long again. Okay,.

F

Okay and then we've got our standards again.

A

Okay, who's representing this, mr mrs chair,.

B

A

Remain standing could raise your right hand, do you declare and affirm on the penalty of perjury.

A

That's testimony responses and statements, you may give will be the whole truth and not the but.

A

The truth- yes, okay, see to give your name and address. Thank you uh peter and michelle sher.

L

49740 freeman's road in dameron, maryland 2068.. Is it good.

L

So uh yeah thank you for allowing us this opportunity. um Frankly, when we saw the.

L

Description, the first time of three level deck we're like what are you talking about.

L

Three level deck cause. What I picture in my mind, is like a three-story deck and that's why I'm.

L

Like why did they say that it's basically a flat deck with two steps down and then two steps down.

L

So that three level description to us was alarming and surprising at first, so I'm really glad.

L

I actually didn't even see those documents that you had up there that show the kind of.

L

The level of it so as long as everybody's kind of understanding that it's we're not talking.

L

About a three-story deck right, it's just a deck with that's broken up by a few steps.

F

Okay, so I'm sorry there we go.

L

I guess our powerpoint takes a little different approach than some of the others we've seen. Maybe.

L

A little more personal just because it's the way we are, but we figured if you know us, maybe.

L

That'll help, hopefully it doesn't hurt, but um so yeah. So you know, we've been living in.

L

Maryland for two years before we moved here up in pasadena up in anne arundel, county.

L

And just renting there moved here from detroit for work purposes and then.

L

At the middle of last year,.

L

A new job opportunity came we're both able to work from home and we could literally.

L

Live anywhere in the country because we're not restricted to go into an office every day, so.

L

You know we have family in colorado, we have family in california and new jersey and we're.

L

Like where do we want to go? And um we decided after a lot of hard thinking that we really love.

L

Maryland and the only reason we really moved here was for a job in the first place. It wasn't like.

L

There was no other reason, but we really fell in love with it and then um michelle's sister.

L

And her husband have a seasonal house in valley lee so about a half hour from us by car, where we.

L

Are now so after visiting them for all these years, we really love the area. We're, like you know what.

L

Why don't we look for a house down here and I kind of started our process and that's what we did and.

L

This home was one of several that we saw and we fell in love with it and.

L

I call it a diamond in the rough, but it was pretty rough also when we first saw it and.

L

Certainly, we were slowly gradually turning it into that diamond that we that we saw, but um you know.

L

When we first looked at it, I mean the property takes your breath away. I don't know if anyone.

L

Any of you ever been on saint jerome's, creek or down to dameron, but it is the most picturesque.

L

Gorgeous setting in the world I mean, I don't know you could find much better anywhere in the country.

L

So we looked at the house, and our list of cons was about a page long, and our list of pros was.

L

About three bullet points, because there was so much work that needed to be done on this.

L

House, but we're like you, know what I think we can make it work, and one of the visions, of course, was.

L

To enjoy the outdoor living, it's just so incredible and funny enough, when you look at the.

L

Back of the house- and we have some photos- you can actually see where it they it was built and almost.

L

Intended to have some type of additional structure on the back to enjoy the land, so we never gave it.

L

A second thought, and again not really being from any rural area, have never dealt with.

L

Critical area before so we're like yeah, you know one of the things we're going to do is put up a.

L

Deck and so on and so forth, and only going through this process, we realized well it's not that easy.

L

um And that's okay, but uh so, but we love living there. We're full-time residents.

L

This is intended to be our forever home, we're not just seasonal people that come and use it for.

L

Three months a year and then that's it, so I just thought that was important for you to know that.

L

And then the last thing is that we are nature lovers, we're animal lovers.

L

We want to invest in this property, as you saw. It is a peninsula surrounded on three sides by water.

L

And it's it's uh susceptible to the current. The wind um I mean the chest peaks about. I don't know.

L

500 feet from the house, um so you got the current that's constantly coming in and.

L

Going out- um and we have plans, ideas to invest in revetment for this um beyond this deck, which.

L

I know we're here to talk about the deck, but we really do want to preserve this property.

L

And we've already gotten two contractors in we got quotes that'll be the next time we're in front.

L

Of you presenting for a permit to do rip-rap or whatever we decide to do to preserve the shoreline.

L

So um we are prepared and able to invest in this property, um and the deck for us is one of the.

L

Ways to enjoy this property when it's you know when it's all said and done, we've and again we.

L

We're going to retire here we're going to spend the rest of our our life here so.

L

You can change that, so I didn't know that you were going to have such great.

L

Illustrations of the deck, so this is uh kind of I just pulled this out from.

L

The contractor that would do the deck um and again we saw it as a flat deck, and until we.

L

Saw the description as three level we're like what are you talking about so um and you know it's.

L

I know you're not using the word pervious as I understand from the prior variances, but we thought.

L

It was important to say that it is pervious and rain will pass through this. um It is going to be.

L

Constructed of a trex type material, so there will never be a need to paint it to stain it.

L

To apply any kind of chemicals to it, it's I mean that stuff lasts for 50 plus years. So once.

L

It's done it's done and really not going to have any negative maintenance. You know effects of it.

L

So so again, some of this is repetitious, based on what was in the earlier presentation, but.

L

So you can kind of see where the house is situated and there is an existing deck on the back.

L

That is um extremely small. It's basically a landing for a staircase, and because this house.

L

Is in a flood plain, um which is evidenced by our flood insurance, which is fairly hefty, that we pay.

L

The house, the ground floor, is four and a half feet above grade. So if you look at the.

L

Pictures in the center and on the left, all of that white that you see along the bottom.

L

That is actually a concrete um crawl space. It's it's almost like the equivalent of being.

L

On pillars, but it's a concrete uh perimeter and underneath that is all gravel. So it's designed.

L

For water to flow through, that's what those little openings are.

L

So, in the event of like a hundred year, flood or some kind of insanely high watermark, the house.

L

Is designed to take on water without it being damaged, so the deck itself would be at the same.

L

Height as the deck you see there and you can see relative to the size of the house, it's quite.

L

You know it's just it's: we, we have two chairs and any tiny little table for two on there.

L

And that's that's all it can accommodate right now, so we really have no room for.

L

Family and friends and like we said her sister and her husband live here with their kids.

L

um You know throughout the year- and I mean we've already become friends with our neighbors.

L

And we're just so anxious to be able to enjoy the outside and, as you can see from the way it.

L

Is absent of putting you know, chairs and a table on the lawn? We really don't have much of an option.

L

Furthermore, you can see that a deck on that rearward facing side of the house the only way.

L

That anyone could possibly see it is by both I mean there's just there's: there's no homes.

L

To see I mean the if you could go straight out the back and go you're on the other side of st.

L

Jerome's creek, um you would need binoculars to to pretty much see your neighbor, so we're.

L

Pretty isolated out there so before we move on the center pitcher, so the deck's going to run.

A

Across pretty much all of it yeah, it doesn't go quite to the edge, and I have a close-up.

L

On the next uh screen or two that'll show, but I think it it goes. I don't know the exact dimensions.

L

But I think it's about three to four feet from the end on either side there on both sides.

L

Yeah, so we're not going any closer to the to the shoreline than the home is already.

L

um And that was important when we kind of designed it and kind of thought about how.

L

Big, we want to want to make it, we didn't want it sticking out past the side anyway,.

L

And frankly, at 600 a little over 600 square feet. It's certainly sufficient for our needs. So.

L

So and it's going to stay at the same level, which is about four and a half feet above grade.

L

And it is post and beam pilings to again minimize. uh You know, impact to the land when it's built.

L

And I know there's a pretty substantial mitigation requirement which honestly we're.

L

Excited to enact we want to do it, I mean if you look at those photos. If you go back to the picture.

L

Of the property, you can see it's pretty sparse, there's some natural trees that were there from.

L

Long before we moved in there's really nothing that was done as far as alcohol landscaping to.

L

The property, so I don't know that a tree has ever been planted there by a person, so.

L

We've already actually talked to a local landscape design, company.

L

And just kind of say: if we're fortunate enough to get this variance, it does.

L

It is going to require a mitigation plan, it's very specific. That's laid out in the county.

L

He's like he's done plenty of them, and he would be more than happy to do our design. Of course,.

L

He would why, wouldn't we um but we'd be thrilled too, we want trees, we want plants, we want. You know.

L

uh Shade and all that stuff, that's kind of lacking from the property right now.

L

So if you, I think what else so yeah the last slide is we kind of put together our own answers to what.

L

You've had up on the purple slides because again not knowing what you were going to say. This was.

L

Kind of you know our argument, if you will for why, um we think it would be a great idea to get this.

L

Variance um I mean, unfortunately, if we're going to build any deck at all, we're going to be within.

L

That 100 foot buffer just because- and I don't even know when the house was built- I think there was.

L

An existing house there that was either torn down or got knocked down, and then this house was built.

L

I don't know if it was 10 years ago. It's all like. We just heard things from different neighbors on.

L

When they think it was built, so I don't even know what their house was actually built.

L

But at the time it was built. Obviously it was. It was permitted to be built within that buffer.

L

And without a variance you know, we're kind of our hands are a bit tied.

L

There are many other homes we look at them from our windows, the homes that we can see.

L

I would say, probably half the homes that we can see do have decks and other stretch structures.

L

That are certainly closer than 100 feet to the water line, so certainly we would not be.

L

Given any kind of special conference for this, and then of course, as I said, the deck is pervious.

L

And you know just kind of recapping what I kind of just said. But.

L

So we're really hopeful that we get this variance and can continue to enjoy this property and.

L

The way we you know the way we really want to.

L

Any questions I can answer questions comments.

A

Observations: yes, if you go back to this slide, that has all three pictures in.

H

You can on the center one, it looks like your access to the deck would be the.

H

Sliding doors to the left there. What is that in front of the sliding doors.

L

um It's it's actually the deck. I don't know if you can zoom in on that, but.

L

There's a little deck and then there's that white um kind of uh fencing around the bottom yeah. It's.

L

Like that uh lattice lattice work so that that white block you see, I think, is um his lattice.

L

The left of the stairs it's a small deck, then it's a small deck right now. Yeah the deck is like.

L

I don't even know it's like 90 square feet, not big enough. It's not big enough to lay down on.

L

Like I said, we have, uh we've got two chairs and a.

L

Probably a two foot diameter round table on it and that's about all it can accommodate.

A

How far how far above sea level are you now I mean the the actual floor floor of the house.

A

The floor is four and a half feet above grade, and the grade is probably.

L

I say probably eight to ten feet above water level. It is really the um the house.

C

Was built in 2007, and so it was required to be elevated. um The site plant from 2007 says.

C

Well, actually, the permit was started in 2005 house finished in 2007. um that it was required.

C

To be elevated to five foot um above sea level, minimum, but sometimes people build extra.

C

To reduce flood insurance, and you can tell they- must have built up the property almost.

L

Like where this, uh where this circle around the house, is that's the kind of built up the property.

L

Again, just you know, evidentiary from walking around the property you can see. That's like.

L

Almost like a mound, it looks like you built on the only piece of part of the property.

B

That was would hold the house. This point looks like it's pretty much marsh. I think.

L

It was supposed to be dead center on the property. From what I read in the in some.

L

Of the paperwork um yeah and I believe it did replace a house that was already there.

B

It was a big footprint that was there it's about a 2, 000 square foot.

L

Footprint, it's an odd house if you believe it, this house is it's.

L

3500 square feet approximately it's two bedrooms.

L

I I will tell you: we are one of the extremely few people that would have.

L

Made an offer on this house and bought this house. It's it's just it's! It's such a.

L

Odd design and layout I mean anyone with a family would not buy this house. If you had.

L

Children that lived with you we're empty nesters. We have three daughters that are all out and.

L

About around the country and have they still live with us, it would be impossible. It's like.

L

It's just such an odd home, but we're quirky people and we kind of we kind of see things.

L

And have a vision I mean the last home that we lived in well two homes ago was in tucson arizona.

L

It's kind of similar circumstance like such odd, like situation with the house and.

L

You have to have a vision when you come in and by the time we sold that house. People were like going.

L

Crazy over it, so we kind of have the same ideas and vision. We've already done a lot on the inside.

L

We've replaced 20 windows in this house, I mean, and we knew that going into it. I mean it was.

L

It was um the minimal work was done on this house to make it sellable.

L

Which is why it was on the market, you know, and it and luckily for us, we were willing to undertake.

L

Several projects which which we're still doing just the roof itself, is the usual a flat roof.

L

And it's a rubber: it's like a rubber coating on the roof, um but.

L

Yeah it it it's still, gonna require quite a bit of work to get it up to snuff, but again we're.

L

We're all in on this one did the uh army corps of engineers. Did they have a dredge down there.

A

At the sanctuary they're, uh it seems like they're, um frequently trudging and they're.

C

In awe, I know that large um proposal to um do some- um I can't think of the exact term but I'll.

C

Say break waters um they need to. They need um more improvements to preserve the opening um of.

C

The neck of you know st jerome's creek to the bay it keeps wanting to to close off yeah the.

C

Department of public works and transportation manages that okay, it is the most unusual.

L

um Kind of not people watching but boat, watching of people coming in and out of the bay.

L

Because you know, if you, if you think about the bay, it's there's two points of beach.

L

And that's where the opening is to get out into the bay, and you would think you would just come in.

L

And come straight across. But if you do that you're going to ground up because it's like two feet deep.

L

In this center, so the boats have to go past our property for looking out at the water. They come.

L

Past to the left, they go all the way around to a buoy. They go giant, s turn come all the.

L

Way back the other way, then they got to come back this way and then out by hugging the beach on the.

L

It is so like opposite of what you'd expect you think like. How do these boats not ground.

L

Up, we don't even own a boat and we're hoping to at some point, but we don't have one yet.

A

That's a shame because crabbing is excellent down there trot line, we could put a net right down off.

L

Our dock and I mean and there's you know when we were first looking at the house, we came by boat.

L

And there was like crabs, this big just crawling up the pylons, but I can understand your problems. I I.

H

Have a house on a water- and I have water on three sides: okay and there's a green marker out there.

H

That you better stay outside that green marker, oh yeah, but I understand the water. My house is.

H

Higher up but yeah, there's problems when you got water on three sides: there's all kinds of rules.

H

Coming down a tree or whatever, yes, yeah and believe me we're, like, I said, we're so interested.

L

Even if we don't get this variance, which I really hope we do we're still gonna do a whole planting.

L

Thing and we're we're going to improve this landscape and we're still probably going to.

L

File for a permit to do revetment and rip-rap and save the shoreline because it needs saving.

L

I mean whoever lived there in the past. Their idea of saving it was dumping tires into it.

L

Which do nothing, but you know they're disgusting, I mean we want to do rip-rap.

L

And get rid of these tires and all this stuff? It's just you know it's a big investment have.

C

We shown your whole presentation: uh yeah, yes, yeah, okay, all right, okay! Well, I'm gonna move on then.

A

um Open it up to public testimony and have a seat back. Thank you, singing! None, I'm close at.

A

The public testimony: okay, okay, so we did receive one um public comment through email on this case.

C

It was distributed um just before the meeting yeah. It was in favor of it. It was in favor, yeah.

F

Okay standards for granting the variance in the critical area.

F

For the critical area variance can be granted, the board of appeals must find the following.

F

That a special condition or circumstance existed exists that are peculiar to the.

F

Land or structure involved and that the strict enforcement of the critical area provisions of.

F

This ordinance will result in unwarranted hardship. The property is entirely within.

F

The critical area buffer due to the tidal waters of the saint john's creek in the northern prong.

F

Strict interpretation of the critical area provisions of this ordinance will deprive.

F

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

F

Critical area of saint mary's county the applicant proposes to construct a deck, a common residential.

F

Amenity c, the granting of the variants will not confer upon the applicant any special.

F

Privilege that would be denied by the critical area provisions of this ordinance.

F

To other lands or structures within the critical area of saint mary's county.

F

Again, the applicant is proposing to construct a deck, which is a common in residential amenity.

F

Okay d: the variance request is not based upon conditions or circumstances.

F

That are the results of actions by the applicant.

F

The applicant purchased the property in 2020 and the home was originally built in 2007.

F

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

F

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

F

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

F

The applicant will be required to mitigate the proposed development with an approved planting.

F

Plan as part of the building permit process, the plantings are intended to offset any negative.

F

Effects and provide improvements to the water quality, along with wildlife and plant habitats.

F

F, the variance is the minimum necessary to achieve a reasonable use of land or structures.

F

The applicant is proposing to construct a three-level deck.

F

Okay: okay comments: I'm happy with it you're; okay with it, I'm good good, you're, good um yeah. The.

A

The last one, the last one: that's certainly this ain't, the minimum uh to enjoy this property, but.

A

In this case, with the design of the house, I think I think it's appropriate.

A

And I don't have a problem with it, and the applicants have already said that they're.

A

Excited about doing the planning, so I'm sure they'll do a good job and it'll actually be.

A

Better than what it is now so, I'm in favor of it, so I'm ready for a motion.

H

In the matter of vaap 21-0844, having made a finding that the standards for granting a variance.

H

And the objectives of section 24.4 of the saint mary's county, comprehensive zoning ordinance.

H

Have been met, I moved to approve the variance requested in section 71.8.3 to.

H

Disturb the critical area buffer to construct a three-level deck, do I have a second second.

A

All in favor aye.

A

Motions carried an order reflecting the board's decision will be prepared by staff.

A

And signed by the board within 60 days, a 30-day period following the date of the order assigned.

A

During which any aggrieved party may appeal the board's decision to circuit the recording.

A

Secretary will mail you a copy of the order when it has been signed. Thank you and good luck. Regrets.

H

If you got any cold beer, cold beer and crabs, thank you. Okay. Okay. Is everybody still? Okay,.

A

Sure, yes, sir all right well, first thing is the minutes: did everybody get a chance.

A

To look at the minutes: yes, sir, yes, sir any uh deletions, uh comments or revisions, it's all good.

B

Good okay, like motion to make a motion to approve the minutes for vaap number 17-1104.

H

In addition, now the minutes just minutes just just a minute, not the order. Sorry, this are the orders.

B

Make a motion approve the minute says written. Do you have a second.

A

Second, on favor all right all right: okay, we have three orders: yeah um magruder.

A

What was that about? That was a standard variance um setbacks um in order to accommodate the buffer.

C

Management overlay standards of the critical area, so it was not a critical area of variance they.

C

Were replacing a house and in order to not need a critical area variance, you have to go for standard.

C

Setback variances first, so they were crowding the front property line in the side, property line.

C

To accommodate critical area is that the one where there's a family neighborhood there.

C

Right right, um they have like a little family um aunt lives in this house and things of that nature.

H

Which is the front of the house, which is the back of the house.

C

Yes, yes and you need a replacement. Okay, you have a motion to accept the minutes. I mean your order.

A

Signed your order make a measure to sign the order. Second, a second all in favor aye, all right.

A

Okay, the next one is uh dent property.

A

What mr knight, that was a um critical area variance and to replace a um small house with.

C

A um still a small house, and also on st george's island um critical area, buffer disturbance.

C

They they currently um own and enjoy the house next door and this vacant house that sat next to.

C

Them um they finally snatched up and decided to um replace, to um allow family to come and visit.

A

And uh that was 5-0 motion and for approval so make a motion to approve the order on favor hi.

A

The third one is: oh, the lexington park, yeah four phase, three yeah. We know how much you like.

C

Automobile buffer yard variance yeah- and I wasn't real happy with this, but hey that's all. It is.

J

I actually had a question. Actually I had a question on this one. That's just for my.

J

Education edification big words. um We had talked about the fact that some of the- and it was very.

J

Specifically, two: some of the other um car dealers were parking cars up on sidewalks.

J

And you said that you had a problem with that, but then it was brought up. Obviously this committee is.

J

Not a um enforcer, we don't enforce the litigation, but who does the department of land use and growth.

C

Management right, so, if a person were to file an inquiry, we will take action. Okay, so by noticing.

J

That kind of things we bring it to you guys, and then you guys follow the investigation all right.

J

Yes, yep yeah, I just didn't know which way that went because it caused a long discussion here.

J

And just wanted to make sure I knew which way we needed to go if we ever came across it again.

J

Okay, thanks for the training. Well, you know: okay,.

C

So the only special thing about that order is they requested and were granted an extension of time.

C

Because of um it's needing to be constructed with the fdr boulevard right and we had to limit the.

J

Time to one year after the completion of fdr boulevard, I think was.

J

Because we didn't want them to keep going on forever, I think we had to give them one year after.

J

The completion of the boulevard is that correct.

C

I should have a copy of the order here shouldn't it.

A

Yeah, I know that was one of the stipulations. Yes, that.

A

Because there was a lot of discussion about that. Yes,.

J

I learned a lot as an alternate. It was awesome.

C

I am not, I don't see it in here. I don't see it in here, I'm in there, but I know it was in my notes.

J

Of the meeting, because there was a discussion about yeah, the variant shall lapse one year.

J

From the day it should have been saying- and it was sure said, the variants will lapse one year.

J

From the completion of fdr boulevard and- and I believe it went so far as to specify what.

C

Do we mean by complete- and I believe it was when it's open to traffic right so.

C

You know, I don't think we're holding this project up by getting the order corrected to get that.

C

Extension in there and we can bring it to next meet uh next week's.

A

Hearing, okay, yeah and also, I think I did vote to tonight, which isn't reflected in the voting.

C

Okay, yes, we we wouldn't want that to go unrecorded, just saying yes, since we're going to do it anyway,.

A

All right, dooley noted we're going to wait on that. One.

A

um Neil's taking notes, yep, okay right, any new business.

A

The meeting next week yeah, we have a meeting next week, um the training that we were gonna, that we.

J

Had started those little training lectures where we had a guest lecturer, are we still going to.

J

Continue those well, I don't know. Well, you know dan was interested in those um chairman dan igneowski.

C

um The you know I asked him, you know what other subject matter would be of interest um traffic.

C

um Of course comes up, especially with appeals of certain commercial development.

C

So um I reached out to the department of public works and transportation asking if they would.

C

Be interested- and I I I haven't, really received um much response so um there's also the question of.

C

You know: um when do you want to fit that in um so maybe when the chairman comes back okay, um we hope.

C

To see him in september, mr richardson, because when we talk about what our other subjects that we that.

C

You might want to have some training on um the beauchamp magruder case. What is a you know how.

C

Does the zoning ordinance define front yard versus side yard versus rear yard, so we I gladly.

C

Give information on that well, one of the best training things I was ever involved in we had was.

A

When howard was chairman- and we had it down at the harry lombok school and what it did.

A

Is they brought department heads in and it was, it was good to see them interact and.

A

You know what you take for granted, they do together was not necessarily the case. Well,.

A

I'm just saying- and it was really good to hear that and not a very good learning experience.

C

um So what would really be helpful is if different board members, um you know, came up with you know at.

C

Least one eye one one subject matter each um and then, if we could discuss that with the chairman.

C

In september and then we could get those scheduled and you know, but I'm presuming you don't want to.

C

Do much more than one extra meeting right um you know per month. We also have um a lot of.

C

Applicants for variances and um we're not there yet, but you know at some point I would.

C

Anticipate some people may be asking if you could schedule special meetings to hold extra variances.

C

Yeah right now we're we're um filling up december.

A

Okay, wow and we're gonna keep trying to do three to four cases per night. I mean tonight.

C

We, you know, we got through these three cases. Pretty handily next week is only one case.

A

It won't be his hand, yeah yeah, okay, the only other thing I was a part of was down at st mary's.

A

College and and you you may have been part of this because you've been here a long time. They had.

A

Like it was an arborist and uh suvi put on a talk with the about the critical areas and.

A

It was, I don't know, it was four or five hours, but that was really good too, but.

A

That wasn't, you know public thing, I mean it's public, but it wasn't broadcast and.

A

Anybody could attend it yep. That was good. I don't know. I haven't heard seen nothing like that, since.

A

Okay, we good motion to adjourn second, all in favor.

A