Subject: VAAP # , Armour Property Board of Appeals Hearing of September 27, 2018

Transcription

1 Sr. Mnnv's CoUNTY GovERNMENT DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT William B. Hunr. AICP. Director Kathleen Easley, Deputy Director COMMISSIONERS OF ST. MARY'S COUNTY James R. Guy, President Michael L. Hewitt, Commissioner Tom Jarboe, Commissioner Todd B. Morgan. Commissioner John E. O'Connor. Commissioner MEMORANDUM Date: To: From: September 18, 2018 Board of Appeals Yvonne Chaillet, Zoning Administrator Subject: VAAP # , Armour Property Board of Appeals Hearing of September 27, 2018 SECTION I. Development Data: Request: The Applicants request a variance from Section ofthe comprehensive Zoning Ordinance to disturb the Critical Area Buffer to replace a single-family dwelling. Owner: Agent: Robert K. and Barbara L. Armour (the "Applicants") Barrett (Barry) Vukmer, Chesapeake Trails Surveying, Inc. (CTS) Location: 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, The agenda was posted on the County's website on'fhursday, September 20, SECTION III. Applicabte Regulations: St. Mary's Counfy Comprehensive Zoning Ordinance (Ordinance) 1. Section Specific Standards for Granting Variances in the critical Area 2. Section 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 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 LricN4@s l t\.tarysmp.cor4

2 VAAP # , Armour Property Board of Appeals hearing of September 27, 2018 Page 2 of 5 deny) the variance request to disturb the Critical Area Buffer to replace a single-family dwelling." 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's County because it was recorded in the Land Records of St. Mary's County prior to the adoption ofthe Maryland Critical Area Program on December 1, The existing singlefamily dwelling was built in 1957 according to Real Property Data, Maryland Department of Assessments and Taxation. The Applicants plan to remove the existing house and build a new 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 of White Neck Creek, pwsuant to the Code of Maryland Regulations (COMAR) (3). The existing single-family dwelling, frame garage, and one-story block building are located within the Buffer. The existing well and well house will be properly abandoned. 3. The existing soil types on the Property are Mattapex fine sandy loam (MtB2) and Woodstown sandy loam (WsB) according to the Natural Resources Conservation Service, U.S. Department of Agriculture, Web Soil Survey. MtB2 soils are considered gently sloping and are found mainly at lower elevations. WsB soils are also considered gently sloping and are found on uplands and on lower terraces along the major rivers. MtB2 soils and wsb soils are not hydric or highly erodible in nature. Tidal wetlands are adjacent to the Property, and steep slopes, or slopes greater than l5 percent, can be found along the Property's shoreline. 4. Special Flood Hazard Area zone AE encroaches on the Property according to the 2014 Flood Insurance Rate Maps (FIRM), pane 257F. Zone AE is defined in the County,s floodplain management regulations as Special Flood Hazard Areas subject to inundation by the l- percent annual chance ( 1O0-year) flood; base flood elevations are determined; and floodways may or may not be determined. In areas subject to tidal flooding, the Limit of Moderate wave 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 is proposed outside zone AE. 5. Approximately 6,062 square feet of woodland and other vegetation cover the property. It appears from a review of the site plan that at least one tree will need to be removed for the septic reserve area (SRA).

3 VAAP # , Armour Property Board of Appeals hearing of September 27,2018 Page 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 COMAR 27.0t.09.0r. 6. According to the site plan prepared by Chesapeake Trails Surveying (CTS), and as shown in the 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 it with 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 on a property ofthis size is 15 percent, or 5,915 square fee1. The overall reduction "ou".ug. 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 Following consructron Net decrease in Buffer 2,466 2,466 0, ,e93,. 473 " Lot coverage outside C.A. Buffer slqwn iq qqugre :feglt Existing To be Remaining Proposed Following - removed constructlon, 2,510,t$,496 4,496, o.r. 2,418:new. 92.seplace Net decrease outside Buffer T"t"t , ,503,'. 4,503 2,55t' ' ; 7. 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' 8. 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'

4 VAAP # , Armour Property Board ofappeals hearing of September 27, 2018 Page 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 structure involved and that strict enforcement of the Critical Area provisions of this Ordinance would result in unwarranted hardship. In order to conclude that the Applicants have met the unwarranted hardship standard, the Board must find that the Property is unique, in and of itself, and that this uniqueness will create a disproportionate impact on the Property when Section ofthe Ordinance rs applied to the proposed development. Finding uniqueness, the Board must then determine whether or not the prohibition against development in the Critical Area Buffer, as specified in Section , creates an unwarranted hardship. Pursuant to $ (d)(1) of the Natural Resources Article, Annotated Code of Maryland, "ln this subsection, "unwarranted hardship" means that, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested." The Board must evaluate the replacement single-family dwelling, proposed partially within 100 feet ofthe mean high water line of White Neck Creek, the proposed overall reduction of lot coverage on the Property, parlicularly in the Buffer, and conclude that without the variance to develop the Property as proposed, the Applicants would suffer an unwarranted hardship. b. That strict interpretation of the Critical Area provisions of this Ordinance will deprive the applicant of rights commonly enjoyed by other properties in similar areas v)ithin the Critical Area of St. Mary's County. In order to find that the Applicants have met this standard, the Board must consider the unwarranted hardship and whether or not the proposed development is reasonable given the constraints ofthe Property, a finding that must be made for similar variance requests in the critical Area. If the Board finds that the Applicants have an unwarranted hardship, then the Board may conclude that the Applicants have met the "strict interpretation" standard, and find that the granting of the variance will allow development of the property, a right commonly enjoyed by other properties in the LDA. c. The granting of a variance will not confer upon an applicant any special privilege that would be denied by the Critical Area provisions of this ordinance to other lands or structures within the Critical Area oj St. Mary's County. In order to find that the Applicants have met this standard, the Board must have concluded under standard "a" that the Applicants have an unwarranted hardship. Finding an unwarranted hardship, the Board may then conclude that the granting ofthe variance to construct a replacement single-family dwelling, partially in the critical Area Buffer, would not confer upon the Applicants a special privilege that would be denied by the Critical Area provisions ofthe Ordinance to other lands or structures in the Critical Area.

5 VAAP # l8-0976, Armour Property Board of Appeals hearing of September 27, Page 5 of 5 d. The variance requesl is not based upon condilions or circumstances that qre the result of aclions by the applicant. lfthe Board concluded that the Applicants met the unwarranted hardship standard to construct the replacement dwelling partially in the Critical Area Buffer, a finding based on special conditions or circumstances peculiar to the land, then the Board may find that the variance request is not based upon conditions or circumstances that are the result ofactions by 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 variance will be in harmony wilh the general spirit and intent of the Critical Area program. The Critical Area program recognizes grandfathered properties and the rights ofproperty owners to develop or redevelop them. The Maryland Critical Area Commission has determined that potential adverse impacts resulting from development on these properties can be mitigated by planting trees and shrubs. In accordance with COMAR mitigation is required at a ratio ofthree to one per square foot of the variance granted and at a one to one ratio for the area of temporary disturbance. The required vegetation will improve plant diversity and habitat value for the site and will improve the runoff characteristics for the Property, which will contribute to improved infiltration and reduction ofnon-point source pollution leaving the site in the future. If the Board has determined that the Applicants have an unwarranted hardship and that the proposed development is reasonable given the size and constraints ofthe Property, then the Board 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 with the general spirit and intent of the Critical Area program. f The variance is lhe minimum necessary lo achieve a reasonable use of the land or structures. 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 to construct a replacement single-family dwelling is the minimum necessary to achieve a reasonable use of the land. SECTION VlL Attachments: Attachment 1 : Standards Letter from Banett Vukmer dated August 24,2018 Attachment 2: Critical Area Commission Comments dated August 28, 2018 Attachment 3: 2017 Ortho Photo / Environmental Features Map Attachment 4: Site Plan Variance Application Date: August 27, 2018 STAFF EXHIBIT 2

6 A CHESAPEAKE TRAILS SURVEYING. LLC WASHINGTON STR EET P.O. BOX 957 LEONARDTOWN, MARYLAND r FAX Board of Appeals St. Mary's County Department of Land Use and Growth Management Leonard Hall Drive P. O. Box 653 Leonardtown, Md RE: Robert & Barbara Armour River Springs Rd. Avenue, MD Permit # 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 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 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 within the Buffer by 19. The proposed house is modest and will consist "ou".ug. of2959 sq. ft. total coverage and 3 bedrooms. The proposed construction will move the house approxim ately 45'away lrom the water than the existing house. If the 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 SERVICESIA ATTACHMENT 1

7 B. There are numerous houses with equal or larger floor plans in the close community. The request for a modest single family dwelling to replace the existing 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 build on this parcel without placing coverage within the buffer. Literal interpretation of the 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. C. D. E. F. 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. Respectfully, eacv"v-. ra 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 servlces ' ATTACHMENT 1

8 Larry Hogan Boyd K. Rutherford Charles C. Deegan Katherine Charbonneau Executitc Dircjor STATE OF MARYLAND CRITICAL AREA COMMISSION CHESAPEAKE AND ATLANTIC COASTAL BAYS 1804 West Street. Suite 100. Annapolis, Ma$ land 2140 I (410) Fax: (410) ww\\'.dnr.stat.md.us/criticalarea/ August 28, Ms. Yvorrne Chaillet St. Vary's County Governmenl Department of Land Use and Growth Management P O Box 653 Leonardtown, Maryland Re: Yariance #18-0J8*?VL Armour 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. RECEiVED sep S Try Users (800) Via Mar!1and Relay Service St. Mary's County Land Use I Growth Management ATTACHMENT 2

9 Mr. Shearer YApe 2 0l z 8t;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) Sincerely, Julie Roberts Natural Resources Planner sm ATTACHMENT 2

10 MONTFORT RD River Springs Road DENNIS RD Land Use Map 8 PAUL ELLIS RD EDDIE YOUNG LN ROGER YATES LN JACK GIBSON RD PERRY GIBSON LN GEORGES LN POPLAR GROVE LN ^_ RIVER SPRINGS RD COLTON POINT RD RIVER SPRINGS LN Land Use Legend LandUse Rural Preservation LOUIS BAILEY RD Rural Preservation -Open Space Rural Preservation -Public Lands Feet VAAP # Armour Property 2017 Orthophoto KE 09/19/2018 ATTACHMENT 3

11 37520 River Springs Road 8 e Lin Line Line Line Line RIV Legend ER SP R ING SR D Non-Tidal Wetlands Tidal Wetlands Seasonal Tidal Wetlands Flood Zones FLD_ZONE A AE VE 40 Critical Area Buffer Feet VAAP # Armour Property 2017 Orthophoto KE 09/19/2018 ATTACHMENT 3 pg2 e Lin

12 ATTACHMENT 4