ST. MARY S COUNTY GOVERNMENT DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT William B. Hunt, AICP, Director Kathleen Easley, Deputy Director MEMORANDUM

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1 ST. MARY S COUNTY GOVERNMENT DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT William B. Hunt, 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: August 31, 2018 To: From: Subject: Board of Appeals Ben Cohen, Environmental Planner VAAP # , Pulliam Property Board of Appeals hearing of September 13, 2018 SECTION I. Development Data: Request: The Applicants request a variance from Section of the Comprehensive Zoning Ordinance to disturb the Critical Area Buffer to replace a single-family dwelling. Owner: Alex C. and Patricia A. Pulliam (the Applicants ) Location: Lawrence Street, St. Inigoes, Maryland Tax Map: 67 Grid: 02 Parcel: 197 Election District: 1 Lot: 6 Acreage:.59 acre (25,469 square feet) Land Use: Rural Preservation (RPD) Zoning Overlay: Limited Development Area (LDA) Overlay SECTION II. Notification: The property and variance request were advertised in The Enterprise on August 29, 2018 and September 5, The agenda was posted on the County s website on Thursday, September 6, SECTION III. Applicable Regulations: St. Mary s County Comprehensive Zoning Ordinance (Ordinance) 1. Section Specific Standards for Granting Variances in the Critical Area 2. Section The 100-Foot Critical Area Buffer SECTION IV. Recommended Motion: Staff recommends the following motion (with modifications and additions following discussion): In the matter of VAAP # , Pulliam Property, having made a finding that the standards for granting a variance in the Critical Area and the objectives of Section of the St. Mary s County Comprehensive Zoning Ordinance (have / have not) been met, I move to (approve / P.O. BOX 653 PATUXENT BUILDING LEONARD HALL DRIVE, LEONARDTOWN, MD PHONE X1500 FAX LUGM@STMARYSMD.COM

2 VAAP # , Pulliam Property Board of Appeals hearing of September 13, 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: 1. 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 of the Maryland Critical Area Program on December 1, The existing singlefamily dwelling was built in 1963 according to Real Property Data, Maryland Department of Assessments and Taxation. 2. The Property fronts on Molls Cove and is constrained by the Critical Area Buffer (the Buffer ), which has been measured 100 feet landward from the mean high water line of Molls Cove, pursuant to COMAR E(3). 3. The existing soil type on the Property is Sassafras Sandy Loam (SaB2) according to the Natural Resources Conservation Service, U.S. Department of Agriculture, Web Soil Survey. This soil type is considered moderately erosive and is found on 2-5 percent slopes. The hazard of further erosion is moderate. 4. According to the site plan provided by the Applicants, and as shown in the table below, the Property contains a single-family dwelling with a waterfront deck, two sheds, and a gravel driveway, for a total of 6,524 square feet of lot coverage. The Applicant plans to remove 2,224 square feet of this amount and add 1,508 square feet of new lot coverage for a sum of 5,808 square feet. The new lot coverage will be comprised of a 600 square foot garage, 180 square-foot addition, 440 square feet of driveway, and 288 square feet of walks and stairs, which represents 5.92% percent of the Property. The allowed amount of lot coverage on a property of this size is 5,445 square feet. Property lot coverage in square footage ( square footage: 25,469 ) Existing To be removed Remaining Proposed Following construction Allowed 5,445 square feet 6,524 2,224 4,300 1,508 5,808 Buffer lot coverage in square footage Existing To be removed Remaining Proposed Total Net decrease in Buffer 1,736 1, ,585 (151) 5. The Property is within Special Flood Hazard Area Zone X (Unshaded) according to Flood Insurance Rate Map (FIRM) panel 343F. Zone X (Unshaded) is defined in the County s floodplain management regulations as areas outside of Zones designated A, AE, A1-30, AO, VE, V1-30, and X (Shaded). Development is proposed in Zone X (Unshaded) and is not in a regulated Special Flood Hazard Area.

3 VAAP # , Pulliam Property Board of Appeals hearing of September 13, 2018 Page 3 of 5 6. A private well and septic system serve the Property. 7. Approximately 2,800 square feet of woodland and other vegetation cover the Property. The Applicant does not plan to clear any of the existing vegetation. In accordance with COMAR , mitigation is required at a ratio of three to one per square foot of the variance granted and at a ratio of one to one for the area of temporary disturbance. 8. The St. Mary s Health Department approved the site plan on June 1, 2018, and the St. Mary s Soil Conservation District (SCD) granted an exemption on June 12, 2018, as the disturbance to the land is less than 5,000 square feet. The Department of Land Use and Growth Management reviewed the site plan in accordance with stormwater management requirements. The Applicants are disturbing less than 5,000 square feet and, therefore, no stormwater management measures are required. The Maryland Critical Area Commission provided comments which are attached to this report. The Commission does not oppose the variance. 9. If the variance is granted, the Applicants must comply with Section 24.8 of the Ordinance pertaining to lapse of variance. Variances shall lapse one year from the date of the grant of the variance, if the Applicant has not complied with Section SECTION VI. 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 conditions 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 of the Ordinance is 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, In 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 proposed replacement house and additions in the Critical Area Buffer and conclude that without the variance, the Applicants would suffer an unwarranted hardship.

4 VAAP # , Pulliam Property Board of Appeals hearing of September 13, 2018 Page 4 of 5 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 within 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 replacement house and additions in the Buffer are reasonable given the constraints of the Property, a finding that must be made for similar variance requests in the Critical Area. If the Board finds that the Applicantshave 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 of 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 of the variance to construct a replacement single-family dwelling that is partially in the Critical Area Buffer would not confer upon the Applicants a special privilege that would be denied by the Critical Area provisions of the Ordinance to other lands or structures in the Critical Area. d. The variance request is not based upon conditions or circumstances that are the result of actions by the applicant. If the Board concluded that the Applicants met the unwarranted hardship standard to construct the replacement dwelling 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 of actions by the Applicants. e. The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area, and that the granting of a variance will be in harmony with the general spirit and intent of the Critical Area program. The Critical Area program recognizes grandfathered properties and the rights of property 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 of three 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

5 VAAP # , Pulliam Property Board of Appeals hearing of September 13, 2018 Page 5 of 5 characteristics for the Property, which will contribute to improved infiltration and reduction of non-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 of the 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 of the variance will be in harmony with the general spirit and intent of the Critical Area program. f. The variance is the minimum necessary to 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 unwarranted hardship, the Board may then conclude that the requested variance to disturb the Critical Area Buffer to construct a replacement single-family dwelling and an attached garage, addition, walks, landings, stairs, and driveway, is the minimum necessary to achieve a reasonable use of the land. SECTION VII. Attachments: Attachment 1: Standards Letter dated June 7, 2018 from Alex & Patricia Pulliam Attachment 2: Critical Area Commission Comments dated July 18, 2018 Attachment 3: Land Use Map Attachment 4A: Existing Site Plan Attachment 4B: Proposed Site Plan Attachment 5: 2017 Ortho Photo Attachment 6: Letter dated August 30, 2018 from Kathleen M Cummings & Ned C. Wolfe Variance Application Date: June 7, 2018 STAFF EXHIBIT 2

6 June 7,2018 St. Mary's County Department of Land Use and Growth Management Parcef fd: O2-OI L-O2O897 Address: Lawrence Street - Saint Inigoes, MD Applicant Owner: Alex C & Patricia Pulliam Application #: Application Type: Single Family Dwelling Detached Agency Description: Critical Area To: Board of Appeals REQUEST: I am requesting a variance to disturb the Buffer and to exceed the lot coverage limit for the above property. PROPOSAL: I propose to construct a single-family dwelling as indicated on the site plan that will exceed the 5,445 square feet of lot coverage. After the proposed construction the property will have 5,551 square feet of lot coverage. I am requesting approval for the additional 106 square feet. This additional footage will allow the addition of an attached Garage 30' x 28' on the end of the house and a Morning Room 15' x 12' on the back of the house. There will be no disturbance of any shrubs or trees in this effort and no more than 2500 square feet of disturbance to the critical area during the demolition and construction of the proposed house. Following the Health Department regulations, the allowed size of the dwelling will not be exceeded which is 2,999 square feet. The proposed two-story house will be built on the existing foundation which is 50'x 28'. The present house was built in 1963 before the Critical Area Laws were in place and much narrower than houses today are constructed. Because ofthe way the land was divided, the pie shape of the lot and the placement of the house on the lot, it is very difficult to make changes or upgrades. This additional 106 square feet will make the house more up-to-date with curb appeal that is in harmony with the neighboring properties. The house will include a kitchen, morning room, family room, living room, three bedrooms and two and one-half baths. This house has been vacant for five years. Approval ofthis variance request would allow me to construct a new home that would be an asset to the neighborhood as well as the county. Sincerely, Alex Pulliam ATTACHMENT

7 Larry Hogan Boyd K. Rutherford Lt. Go\enor Charles C. Deegan Chaiman Katherine Charbonneau Executh,e Director STATE OF MARYLANI) CRITICAL AREA COMMISSION CHESAPEAKE AND ATLANTIC COASTAL BAYS 1804 Wesl Street. Suite I00, Annapolis, Maryland (410) fax: (410) \t \v\,\'. dn r. statc. md. us/criticalarca-/ July 18, Ms. Yvonne Chaillet St. Mary's County Govemment Department ofland Use and Growth Management P O Box 653 Leonardtown, Maryland Re: Variance # Pulliam House Dear Ms. Chaillet: Thank you for forwarding this variance request to this office for review and comment. This property is 25,469 square feet and is located in the Limited Development Area (LDA). The applicant proposes to raze an existing dwelling and construct a new dwelling largely in the same footprint, including an addition, sidewalk, stairs and a garage to be located over existing gravel. Two sheds will be removed. Both the existing and proposed house are bisected by the 10O-foot Buffer. As currently configured, there is 6,524 square feet of lot coverage, which is over the permissible lot coverage limit by I,079 square feet. This variance proposal, while over the lot coverage limit (5,808 square feet) has a proposed reduction of 716 square feet. ln order to grant a variance, the applicant must demonstrate that the plan submitted is the minimum necessary to afford relief. The applicant is responsible for mitigating the disturbance to the Buffer at a ratio of 3: I for permanent disturbance and I :'l for temporary disturbance. Lot coverage removed from the Buffer can be deducted from the total mitigation requirement at a ratio of 1 : I. A Buffer Managentent Plan must be provided to the County for review and approval. Thank you for the oppomrnity to provide comment. Please include this letter in your file and submit it as part ofthe record fbr the variance. Please notifu the Commission ofthe decision made in this case. Ifyou have any questions, please contact me at (410) Sincerely, Julie Roberts Natural Resources Planner sm ATTACHMENT TTY Users (800) via Ma!land Relay Service RECEIVED JUL St. Maryb County Land Use & Grcwth Management

8 1 / /tjtj Lawrence Hoad. st. Intgoes Land Use - Rural Preservation Zoning - RPD Zoning Overlay District - LDA VAAP Pulliam Property I {.} Ṫ RPD Legend Harcels Feet ATTACHMENT a ) 2017 Orthog raphic Photo a31l2a1b Btc

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12 RHCF$VHD August 30, 2018 sep St Mary's County Land Use & Growth Management St. Many's County Board of Appeals Department of Land Use and Growth Management Leonard Hall Drive Leonardtown, MD 2o.c5o RE: SUPPORT FOR APPROVAT OF VARIANCE APPLICATION No , PULLIAM PROPERTY We strongly support Variance Application No, , Pulliam Property which is located at Lawrence Street, Saint Inigoes Shores subdivision, Saint Inigoes, MD Special circumstances do exist peculiar to the existing single-family house, namely residual contamination from years of an extreme hoarder living there, that cannot be completely remediated to allow it to be used as a single-family house. To deny the requested variance is to deprive the Pulliams full use ofthe property and be an unwarranted hardship for them after expending sweat equity, money, time and resources to remove all vestiges ofthe property's misuse by the previous owner. lf the Pulliams had left the property as it was on the day the hoarder died and done nothin& we would have been extremely concerned about the negative impacts the extensive amount of garbage, debris and improperly stored chemicals would have had on the area's water quality and the natural habitat. No one looking at the property today, after the Pulliams' incredible clean-up and removal of truckloads of stuff, would realize that an extreme hoarder had lived there for years. But those of us living in the subdivision know what a significant positive difference the Pulliams have made by what they have done to the property so far. We have lived two houses away from the subject property for 14 years. During much of that time, we watched the prior owner fill her property with sail and power boats, a camper, cars, applianceg garbage, and chemicals improperly stored all over her property. The yard was so full of stuff it was almost impossible to see the house and storage sheds which also were filled to overflowing with stuff. She did more than turn her property into an eyesore. She made it an environmental and health hazard with the garbage that attracted rats and other animals, the stench which could be smelled by multiple households in proximity to the property, and of most concern, all the chemicals which were not properly stored which could have negatively impacted water quality. Sadly, after years of uncontrolled hoarding the owner died in the house but was not discovered for days later adding to the residual contamination of the house. The Pulliams are wonderful neighbors and have been good stewards ofthe area's rural character. We know that the replacement dwelling at Lawrence Street will fit in with the overall character of our small subdivision and markedly improve the local environment and natural habitat. We understand the overall objectiv s of the Chesapeake Bay Critical Area Overlay, namely to foster more sensitive development for shoreline areas and to minimize

13 adverse impacts of development on water quality and natural habitats, and we strongly believe this requested variance will uphold those objectives, is more than warranted, is the right thing to do for the Pulliams and should be approved. Sincerely, Kathleen M Cummin lawrence Stree Saint Inigoet MD /u. t s]- dcwdtu