Sr. Mnnv's CoUNTY GovERNMENT

DEPARTMENT OF LAND USE

AND GROWTH MANAGEMENTWilliam B. Hunr. AICP. DirectorKathleen Easley, Deputy Director

COMMISSIONERS OF ST. MARY'S COUNTYJames R. Guy, President

Michael L. Hewitt, CommissionerTom Jarboe, Commissioner

Todd B. Morgan. CommissionerJohn E. O'Connor. Commissioner

MEMORANDUM

Date:

To:

From:

September 18, 2018

Board of Appeals

Yvonne Chaillet , Zoning Administrator

Subject: VAAP #18-0976, Armour PropertyBoard of Appeals Hearing of September 27, 2018

SECTION I. Development Data:

Request: The Applicants request a variance from Section 71.8.3 ofthe comprehensive

Zoning Ordinance to disturb the Critical Area Buffer to replace a single-family dwelling.

Owner: Robert K. and Barbara L. Armour (the "Applicants")Agent: Barrett (Barry) Vukmer, Chesapeake Trails Surveying, Inc. (CTS)

Location: 37520 River Springs Road, Avenue, Maryland

Tax Map: 46 Grid: 10 Parcel: 238 Election District: 7

Acreage: 39,431 square feet or .91 acres

Zoningz Rural preiervation (RPD) District, Limited Development Area (LDA) Overlay

Land Use: Rural Preservation

SECTION IL Notification: The property and variance request were advertised in zfre

Enlerprise on September 12,2018 and September 19, 2018. The agenda was posted on the

County's website on'fhursday, September 20, 2018.

SECTION III. Applicabte Regulations: St. Mary's Counfy Comprehensive Zoning

Ordinance (Ordinance)1 . Section 24.4. Specific Standards for Granting Variances in the critical Area

2. Section 71.8.3. The 1O0-Foot Critical Area Buffer

SECTION IV. Recommended Motion: Staff recommends the following motion (with

modifications and additions following discussion):

.,In the matter of VAAP #18-O976,Armour Property, having made a hnding that the standards

ior granting a variancc in the critical Area and the objectives ofSection 71.8.3 of the St. Mary's

Corinty Colprehensive Zoning Ordinance (have / have not) been met, I move to (approve /

PO. BOX 653 . T,ATUXI'IIT BUII-NN..]C . 23 I50 LEONARD HAI,L DRIVE, LEONARDTOWN-' MD IUO)U

n"oni:o t.+ls.,lzoo xl5o0. r,^-x 301.475.4635 . www.stmarysmd.com . LricN4@s l t\.tARysMp.cor4

VAAP #18-0976, Armour PropertyBoard of Appeals hearing of September 27, 2018Page 2 of 5

deny) the variance request to disturb the Critical Area Buffer to replace a single-familydwelling."

SECTION V. Property and Critical Area Case Information:

l. The subject property (the "Property") is a grandfathered lot in the Critical Area of St. Mary'sCounty because it was recorded in the Land Records of St. Mary's County prior to theadoption ofthe Maryland Critical Area Program on December 1, 1985. The existing single-family dwelling was built in 1957 according to Real Property Data, Maryland Department ofAssessments and Taxation. The Applicants plan to remove the existing house and build anew one farther from the water.

A private well and septic system serve the Property.

2. The Property fronts White Neck Creek and is constrained by the Critical Area Buffer (the"Buffer"), which has been measured 100 feet landward lrom the mean high water line ofWhite Neck Creek, pwsuant to the Code of Maryland Regulations (COMAR)27.01.09.01.8(3). The existing single-family dwelling, frame garage, and one-story blockbuilding are located within the Buffer. The existing well and well house will be properlyabandoned.

5.

The existing soil types on the Property are Mattapex fine sandy loam (MtB2) andWoodstown sandy loam (WsB) according to the Natural Resources Conservation Service,U.S. Department of Agriculture, Web Soil Survey. MtB2 soils are considered gently slopingand are found mainly at lower elevations. WsB soils are also considered gently sloping andare found on uplands and on lower terraces along the major rivers. MtB2 soils and wsB soilsare not hydric or highly erodible in nature.

Tidal wetlands are adjacent to the Property, and steep slopes, or slopes greater than l5percent, can be found along the Property's shoreline.

Special Flood Hazard Area zone AE encroaches on the Property according to the 2014 FloodInsurance Rate Maps (FIRM), pane|257F. Zone AE is defined in the County,s floodplainmanagement regulations as Special Flood Hazard Areas subject to inundation by the l-percent annual chance ( 1O0-year) flood; base flood elevations are determined; and floodwaysmay or may not be determined. In areas subject to tidal flooding, the Limit of Moderatewave Action (LiMwA) is delineated to define the landward limit of the coastal A Zone.

The base flood elevation ofthe AE zone on the Property is six (6) feet. Development isproposed outside zone AE.

Approximately 6,062 square feet of woodland and other vegetation cover the property. Itappears from a review of the site plan that at least one tree will need to be removed for theseptic reserve area (SRA).

3.

4.

VAAP #18-0976, Armour PropertyBoard of Appeals hearing of September 27 ,2018Page 3 of 5

Mitigation is required at a ratio ofthree to one per square foot ofthe variance granted and at

a ratio of one to one for the area of temporarv disturbance in accordance with COMAR27.0t.09.0r.

6. According to the site plan prepared by Chesapeake Trails Surveying (CTS), and as shown inthe table below, the Property contains a single-family dwelling, outbuildings, driveway, and

walkway lbr a total of 6,962 square feet, or 17.7 percent, oflot coverage on the Property.

The Buffer contains 2,466 square feet oflol coverage, and 4,496 square feet oflot coverage

are located outside the Buft'er.

The Applicants plan to remove all of the existing lot coverage on the Property and replace itwith a single-family dwelling, a smaller driveway, and walkway(s) for a total of 4,503 square

feet ofnew lot coverage. However. g2 square feet ofthe 4,503 square feet is replacing an

equal amount of the existing driveway located outside the Buffer. The allowed amount of lot

"ou".ug. on a property ofthis size is 15 percent, or 5,915 square fee1. The overall reduction

of lot coverage on the Property is 2,459 square feet, or 6.3 percent.

A large portion of the new house will be within the BufTer as shown on the site plan. The

septic tank, pump tank, and septic reserve areas will be located outside the Buffer and,

essentially, encumber the front area ofthe Property.

Lot coverage in C.A. Buffer shown in squqlg&g!Existing Tobe,lRemaining

removeo I

Proposed Followingconsructron

Net decrease inBuffer

2,466 2,466 0 , 1.993 . 1,e93, . 473 "Lot coverage outside C.A. Buffer slqwn iq qqugre :feglt -Existing To be

removedRemaining Proposed Following

constructlonNet decrease

outside Buffer

,t$,496 4,496 , o.r. 2,418:new.92.seplace

, 2,510

T"t"t.6.692 6,962 0 4,503 ,'. 4,503 2,55t' ' ;

7.

8.

The St. Mary's Health Department approved the site plan on August 30, 2018' The St'

Mary's Soil conservation District (SCD) approved the site plan on september 5, 2018, and

Land Use and Growth Management approved the stormwatel management measules on

August 24,2018.

The Maryland critical Area commission provided comments which are attached to this

repofi. The Commission does not oppose the variance'

If the variance is granted, the Applicants must comply with section 24.8 ofthe ordinance

pertaining to lapsf ofo'uriance. 'Variances

shall lapse one year from the date ofthe grant of

ihe uari-ce, if the Applicants have not complied with Section 24'8'

VAAP #18-0976, Armour PropertyBoard ofAppeals hearing of September 27, 2018Page 4 of 5

SECTION VL Critical Area Standards: Pursuant to Section 24.4 of the Ordinance, before a

Critical Area variance may be granted, the Board of Appeals must find the following:

a. That special condilions or circumstances exist that are peculiar to the land or structureinvolved and that strict enforcement of the Critical Area provisions of this Ordinancewould result in unwarranted hardship.

In order to conclude that the Applicants have met the unwarranted hardship standard, theBoard must find that the Property is unique, in and of itself, and that this uniqueness willcreate a disproportionate impact on the Property when Section 71.8.3 ofthe Ordinance rsapplied to the proposed development. Finding uniqueness, the Board must then determinewhether or not the prohibition against development in the Critical Area Buffer, as specifiedin Section 71.8.3, creates an unwarranted hardship. Pursuant to $ 8-1808 (d)(1) of theNatural Resources Article, Annotated Code of Maryland, "ln this subsection, "unwarrantedhardship" means that, without a variance, an applicant would be denied reasonable andsignificant use of the entire parcel or lot for which the variance is requested."

The Board must evaluate the replacement single-family dwelling, proposed partially within100 feet ofthe mean high water line of White Neck Creek, the proposed overall reduction oflot coverage on the Property, parlicularly in the Buffer, and conclude that without thevariance to develop the Property as proposed, the Applicants would suffer an unwarrantedhardship.

b. That strict interpretation of the Critical Area provisions of this Ordinance will deprivethe applicant of rights commonly enjoyed by other properties in similar areas v)ithin theCritical Area of St. Mary's County.

In order to find that the Applicants have met this standard, the Board must consider theunwarranted hardship and whether or not the proposed development is reasonable given theconstraints ofthe Property, a finding that must be made for similar variance requests in thecritical Area. If the Board finds that the Applicants have an unwarranted hardship, then theBoard may conclude that the Applicants have met the "strict interpretation" standard, andfind that the granting of the variance will allow development of the property, a rightcommonly enjoyed by other properties in the LDA.

c. The granting of a variance will not confer upon an applicant any special privilege thatwould be denied by the Critical Area provisions of this ordinance to other lands orstructures within the Critical Area oJ St. Mary's County.

In order to find that the Applicants have met this standard, the Board must have concludedunder standard "a" that the Applicants have an unwarranted hardship. Finding anunwarranted hardship, the Board may then conclude that the granting ofthe variance toconstruct a replacement single-family dwelling, partially in the critical Area Buffer, wouldnot confer upon the Applicants a special privilege that would be denied by the Critical Areaprovisions ofthe Ordinance to other lands or structures in the Critical Area.

VAAP # l8-0976, Armour PropertyBoard of Appeals hearing of September 27, 201 8

Page 5 of 5

d. The variance requesl is not based upon condilions or circumstances that qre the result ofaclions by the applicant.

lfthe Board concluded that the Applicants met the unwarranted hardship standard toconstruct the replacement dwelling partially in the Critical Area Buffer, a finding based onspecial conditions or circumstances peculiar to the land, then the Board may find that thevariance request is not based upon conditions or circumstances that are the result ofactionsby the Applicants.

e, The granting ofa variance will not adversely alfect water quality or adversely impact

fish, wildlife, or plant habitat within the Crilical Area, and that the granting ofq variancewill be in harmony wilh the general spirit and intent of the Critical Area program.

The Critical Area program recognizes grandfathered properties and the rights ofpropertyowners to develop or redevelop them. The Maryland Critical Area Commission has

determined that potential adverse impacts resulting from development on these properties canbe mitigated by planting trees and shrubs. In accordance with COMAR 27.01.09.01mitigation is required at a ratio ofthree to one per square foot of the variance granted and at aone to one ratio for the area of temporary disturbance. The required vegetation will improveplant diversity and habitat value for the site and will improve the runoff characteristics forthe Property, which will contribute to improved infiltration and reduction ofnon-point sourcepollution leaving the site in the future.

If the Board has determined that the Applicants have an unwarranted hardship and that theproposed development is reasonable given the size and constraints ofthe Property, then theBoard may find that the required mitigation will offset any adverse impacts to water quality,fish, wildlife, or plant habitat, and that the granting ofthe variance will be in harmony withthe general spirit and intent of the Critical Area program.

f The variance is lhe minimum necessary lo achieve a reasonable use of the land orstructures.

In order to conclude that the Applicants have met this standard the Board must consider its

findings under the unwarranted hardship standard. Finding an unwananted hardship, the

Board may then conclude that the requested variance to disturb the Critical Area Bufler toconstruct a replacement single-family dwelling is the minimum necessary to achieve areasonable use of the land.

SECTION VlL Attachments:

Attachment 1 : Standards Letter from Banett Vukmer dated August 24,2018Attachment 2: Critical Area Commission Comments dated August 28, 2018

Attachment 3: 2017 Ortho Photo / Environmental Features MapAttachment 4: Site Plan

Variance Application Date: August 27, 2018 STAFF EXHIBIT 2

ABoard of AppealsSt. Mary's CountyDepartment of Land Use and Growth Management23150 Leonard Hall DriveP. O. Box 653Leonardtown, Md. 20650

RE: Robert & Barbara Armour37520 River Springs Rd.Avenue, MD 20609

Permit #18-976

CHESAPEAKE TRAILS SURVEYING. LLC22660 WASHINGTON STR EET

P.O. BOX 957LEONARDTOWN, MARYLAND 20650

30r-475-5900 FAX 301 -475-9535

812412018

Dear Board of Appeals Members:

On behalfofthe owners, we request your consideration of the application for a variance

on the above referenced property. The owners are requesting a variance from Section

71.8.3 to construct a replacernent home within the 100' Maryland critical Area Buffer. A

single family replacement dwelling is proposed'

This property was created by deed 1957. The house on the property was constructed in

1957 and is currently improved with a house, several outbuildings and a driveway. The_ _

proposed construction will remove the existing home and outbuildings and replace it_with

u rod".t single story home utilizing the existing driveway for access and removing the

excess circle driveway. The plan proposes the minimal amount of disturbance to remove

the existing house and outbuilding and construct the new home'

In asking for the above variance, we would appreciate your consideration ofthe

following as they apply to granting a variance in the Critical Area:

A. This lot was recorded by deed in 1957 and existed prior to the adoption ofthe

Critical Areas Ordinance which established limitations for construction within the

Maryland critical Area Buffer. The proposed construction will reduce the overall

"ou".ug. within the Buffer by 19. The proposed house is modest and will consist

of2959 sq. ft. total coverage and 3 bedrooms. The proposed construction willmove the house approxim ately 45'away lrom the water than the existing house. Ifthe critical areas ordinance had not been established, the proposed improvements

would have met all requirements of the Zoning Ordinance and would be

permitted. Strict enfoicement of the Critical Area Provision of the Ordinance will

iesult in unwarranted hardship to the owner of this property'

/1 tu.. sERVlcE LAND SURVEYING ANP LAND DEVELOPMENT SERVICESIAATTACHMENT 1

B. There are numerous houses with equal or larger floor plans in the closecommunity. The request for a modest single family dwelling to replace theexisting dwelling, while reducing lot coverage, is similar to properties in the

immediate area. In an attempt to meet Zoning Ordinance setbacks and the St.

Mary's County Health Department requirements it would be impossible to buildon this parcel without placing coverage within the buffer. Literal interpretation ofthe Critical Area Program would deprive the owner ofthe right to construct a

home on the property, thus depriving them ofrights commonly enjoyed by the

adjoining property owners.

The granting of this variance will not confer any special privilege, but simply

allow the owner to construct a replacement single-family residence similar to

existing homes in the neighborhood.

The total coverage within the buffer will be reduced (36.6% reduction) by the

proposed construction. The granting of this variance will have no adverse impact

on ine nsn, wildlife, or plant habitat within the critical area. The quality on fish,

wildlife and plant habitat may be improved by the reduction ofcoverage and

moving the improvements further from the water. The granting of this variance

will be in harmony with the general spirit and intent of the Critical Area Program'

The proposed replacement house is modest and the proposed coverage is well

below (1 I .4%) the allowable coverage amount of 15%. Granting this variance

would allow the owner to construct a single family replacement dwelling similar

to others i-n the neighborhood and achieve a reasonable use ofthier land'

This variance request is a direct result of the adoption ofthe critical area

ordinance after establishment ofthis lot and is not the result ofany action by the

applicant.

C.

D.

F.

E.

Respectfully,

. rAeAcv"V-Barrett Vukmer, Maryland Professional Land Surveyor #21 i 38

Chesapeake Trails SurveYing, LLC

Managing Member

'f1 auaa sERVtcE LAND suRVEYING AN-D LAND DEVEL.PMENT sERVlcEsATTACHMENT 1

Larry Hogan

Boyd K. Rutherford

Charles C. DeeganCItain,@n

Katherine CharbonneauExecutitc Dircjor

August 28, 201 8

Ms. Yvorrne ChailletSt. Vary's County GovernmenlDepartment of Land Use and Growth Management

P O Box 653Leonardtown, Maryland 20650

Re: Yariance #18-0J8* ?VLArmour Replacement House

Dear Ms. Chaillet:

We have received notice ofthe above referenced variance request The applicant proposes to

remove an existing house and outbuildings located within the 1O0-loot Buffer and to build a

neu,house furtheiback from the shoreline than the existing house. This property is designated

as a Limited Development Area (LDA) and is 0.91 acres. The propefty is currently over its lot

coverage limit at 6,662 square feet, or 17 ,7Vo. The limit for a lot of this size is l5%. The

applica'tion and site plan indicate that the removal ofthe existing house and two buildings

within the Buffer ani a poltion ofdriveway outside ofthe Buffer will reduce this lot coverage

by 6.3%,bringing this lot into conformance with the lot coverage limits'

We do not oppose this variance request. The applicant is responsible for mitigating all

disturbance io the Buffer at a ratio of 3: I . The lot coverage located in the Buffer that is

f.po."a to be removed may be deducted from the mitigation requirement. Additionally, it .

ipp"ur. ttrut ttr"re wilt also be a net decrease in lot coverage outside ofthe Buffer, reducing the

Eiuffer establishment requirement, which is based on the total square footage of lot coverage

outside of the Buffer (thlir proposal is considered "substantial alteration." A Buffer

Management plan muit be provided to the County for review and approval in association with

the disturbance to the Buffer.

STATE OF MARYLANDCRITICAL AREA COMMISSION

CHESAPEAKE AND ATLANTIC COASTAL BAYS1804 West Street. Suite 100. Annapolis, Ma$ land 2140 I

(410) 260-3460 Fax: (410) 971-5338ww\\'.dnr.stat€.md.us/criticalarea/

RECEiVEDsEP 04 201S

St. Mary's CountyLand Use I Growth ManagementTry Users (800) 735-2258 Via Mar!1and Relay Service

ATTACHMENT 2

Mr. ShearerYApe 2 0l z8t;8t20ts

Thank you for the opportunity to provide comment. Please include this letter in your file and

submit it as part of the record for the variance. Please notify the Commission of the decision

made in this case. Ifyou have any questions, please contact me at (410) 260-3476.

Sincerely,

Julie RobertsNatural Resources Planner sM 613-18

ATTACHMENT 2

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PAUL ELLIS RD

RIVER SPRINGS RDCO

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LOUIS

BAILE

Y RD

MONT

FORT

RD

PERRY GIBSON LN

DENNIS RDED

DIE YO

UNG L

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JACK GIBSON RD

ROGER YATES LN

GEORGES LN

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2017 OrthophotoKE 09/19/2018500 0 500250 Feet VAAP #18-0976 Armour Property

837520 River Springs Road

Land Use Map

Land Use LegendLandUse

Rural Preservation

Rural Preservation -Open Space

Rural Preservation -Public Lands

ATTACHMENT 3

RIVER SPRINGS RD

Line

Line

Line

Line

Line

Line

2017 OrthophotoKE 09/19/201840 0 4020 Feet VAAP #18-0976 Armour Property

837520 River Springs Road

LegendNon-Tidal WetlandsTidal WetlandsSeasonal Tidal Wetlands

Flood ZonesFLD_ZONE

AAEVECritical Area Buffer

ATTACHMENT 3 pg2

ATTACHMENT 4