KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, January 2, 2003, in the County Commissioners Hearing Room at 400 High Street, Chestertown, Maryland, with the following members in attendance: Elizabeth H. Morris, Chairman; William S. Sutton; Marjorie Brown; Jay Lancaster; Rev. Ruben Freeman; Roger Mangels; G. Mitchell Mowell, Attorney; Gail Webb Owings, Planning Director; Carla Martin, Community Planner; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The Minutes of the December 12, 2002 meeting were approved after making a correction to page four under Richard and Diane Miller application.

APPLICATIONS FOR REVIEW

Keith's Cove, LLC - Variance (pier) - Keith's Cove II, LLC is requesting a variance of the pier length standard so they may construct a 75 foot pier from the existing island on their property on Freeman Creek and Glencoe Road in the Second Election District. The island is connected to the property by an existing bridge/pier that is approximately 130 feet long. The total length of the pier, including the area of the island, is approximately 220 feet.

Present on behalf of the property owners were Dick Luttrell, consultant/surveyor, and C. Daniel Saunders, attorney. Mr. Luttrell and staff were sworn in by Chairman Morris.

Mrs. Owings reviewed the staff report informing the Planning Commission of relevant issues. Applicable law is found in Article V, Section 4.5; Article X, Section 2.130; and Article IX, Section 2.3 of the Zoning Ordinance. A variance of approximately 120 feet is requested. The property is quite unusual because it contains an island. The area between the island and the main property is quite shallow. A variance is needed because a pier would not be permitted from the island since it does not contain a main structure, so the measurement from mean-high tide, to determine pier length, is from the main property. The pier will extend into the creek about the same distance as other piers to the north. It is felt, approval of a pier variance will not cause a substantial detriment to neighboring properties and it will not change the character of the neighborhood. The unusual nature of the property creates a practical difficulty, therefore Mrs. Owings recommended approval of the variance.

Attorney Saunders submitted for review by the Planning Commission: a 1941 plat of Glencoe Estates which he says, clearly shows this island as part of Parcel 13; an aerial photo of the site; photos of the footbridge and island; and photos of island and land at low-tide. Under the circumstances, Attorney Saunders feels a variance should be granted. Mr. Luttrell further explained this unusual circumstance. They do have approval from the State. Discussion continued regarding this unusual property.

Following review and discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of Keith's Cove, LLC application for a pier length variance at their property on Freeman Creek and Glencoe Road, contingent upon:

• The pier length is the minimum necessary to obtain 4-feet of water at mean high tide;
• The pier is restricted for private use only; and
• The applicants measure the width of the waterway from the main property, not the island, and amend the application if necessary to request a variance to extend beyond 25% of the waterway.

The Planning Commission found:

• Granting a variance will not change the character of the neighborhood or district;
• Granting a variance will not cause a substantial detriment to neighboring properties;
• The property is unusual since it contains an island;
• The unusual nature of the property and the island creates a practical difficulty;
• Pier length and waterway width measurements should be measured from the mainland, not the island; and
• The island does not contain a main dwelling. If the island is considered a separate property, a pier would not be permitted because a main dwelling is not on the island.

The motion was seconded. The vote unanimous.

Diane Anderson - Variance (front yard) - The Andersons are requesting a variance of the front yard setback requirements to construct a 24 by 24 foot addition to their home located on Dutchtown Road, in the Second Election District. The property is zoned "AZD."

Diane and Timothy Anderson were present and sworn in by Chairman Morris.

Ms. Moredock reviewed the staff report advising the Planning Commission of relevant issues and applicable law found in Article V, Section 1.5 and Article IX, Section 2.3 of the Zoning Ordinance which establishes criteria for granting a variance. A front yard setback variance of 24 feet is needed to construct the addition at the proposed location. The rear of the lot slope greater than 15%.

Ms. Moredock noted the variance will not cause a substantial detriment to neighboring properties, nor will it change the character of the district. The Comprehensive plan is neutral on this issue. Wooden slopes in the rear yard create a practical difficulty as a condition of this property. Staff is unable to make a recommendation without a site plan showing the septic reserve tank; the septic reserve field; and the location of the shed. Any recommendation is subject to approval by the Health Department.

A new site plan was submitted with the information requested by staff. Ms. Moredock noted the new site plan shows the addition in a different location than the original site plan. The site plan shows the utility lines, location of the old and new well and water line with the septic system in the back. A front yard variance of 24 feet is still required.

Chairman Morris invited the Andersons to speak. Mr. Anderson said that their request will not change the character of the neighborhood and will not be detrimental to the area. Other homes are closer to the road. The bedroom addition and bath will be one-story. Mr. Anderson reviewed the revised site plan with the Board.

No correspondence has been received from adjoining property owners. There were no public comments.

Discussion continued after which Ms. Brown making a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Anderson's variance request to construct a 24 by 24 foot addition 76 feet from their front property line. This recommendation is based on the following findings:

• There will be no substantial detriment to neighboring properties, nor will it change the character of neighborhood. There are other homes in the neighborhood that do not meet the required 100-foot setback.
• The practical difficulty is caused by the condition of the property since the backyard contains a slope greater than 15-percent. The septic system and field is the same area. The side yard contains a slope less than 15-percent.
• The need for the variance was not caused by the applicant =s own actions.
• The overhangs should not extend more than 2-feet from the new addition.

The motion was seconded and the vote unanimous.

Sommers Enterprises, Inc. - Variance (front yard) - The Sommers are requesting a variance of the front yard setback requirement to construct a 1200 square foot single-family dwelling 35 feet from the front property line on a 6000 square corner wooded lot located at Wyoming Avenue and Queen Anne Street, in Tolchester Estates, in the Sixth Election District. The property is zoned "CAR."

Charles and Peg Sommers were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed applicable law and noted relevant issues. Ms. Moredock recommended approval of the variance, provided:

• The owners obtain a wetlands delineation which could further limit the location of the dwelling on the site;
• The site plan must include the location of the well and the driveway; and
• The Health Department must approve the location of the well.

Mr. Sommers informed the Planning Commission that they plan to remove only scrub trees; major trees will not be disturbed. They plan to build a 27 2 by 30 foot house on the site. Mr. Sommers reviewed the site plan with the Board. The driveway will enter off Queen Anne =s instead of Wyoming. There is some concern about water laying because there is no ditch on either road.

Mrs. Sommers explained why the house will be set on the lot as proposed. The bedrooms will be by the woods and the activity end of the house receiving the sun. They may not need a 15-foot variance. The placement of the well also determines the house location.

Rev. Freeman asked how the applicants were addressing wetland issues. Mr. Sommers replied that he contact Jan Reese with MDE, who will work with them on the matter.

After review and discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of a 15-foot variance to allow Sommers Enterprises, Inc. to construct a dwelling 35 feet from the front property line of their property located on Wyoming Avenue in Tolchester Estates. The decision was based on the following findings:

• There will be no substantial detriment to neighboring properties, nor will it change the character of the neighborhood.
• The variance is consistent with the Comprehensive Plan and the intent of the Zoning Ordinance.
• The practical difficulty is caused by the odd shape and odd size of the property.
• The need for a variance was not caused by the applicant =s own actions.
• The well is to be placed in the front yard 10-feet from Wyoming Avenue and 30-feet from the new dwelling.
• This recommendation is contingent upon the applicants = obtaining a wetlands delineation which may further restrict the location of the well, driveway, and dwelling.

The motion was seconded and the vote unanimous.

David A. Bramble, Inc. - Site Plan Review (Storage Shed) - David A. Bramble, Inc. is requesting preliminary and final site plan approval to construct a 50 by 75-foot steel building on their 32-acre parcel located on Morgnec Road (Route 291), east of Chestertown, in the Fourth Election District. The new 24-foot high building will be located behind an existing shop and garage. The property is zoned "I," Industrial.

The proposal conforms to the setback requirements found in Article V, Section 10.4 of the Zoning Ordinance. Mrs. Owings recommended approval of the site plan.

Peter Bourne was present on behalf of David A. Bramble, Inc., and was sworn in by Chairman Morris.

Mr. Bourne advised the new building will store large equipment and also provide an area to work on equipment. Sufficient parking and outdoor lighting is provided.

After a brief discussion, Ms. Brown made a motion to grant preliminary and final site plan approval for the construction of a 50 by 75 foot building on the lands of David A. Bramble, Inc., near Chestertown. The Planning Commission found this proposal is consistent with the County's Comprehensive Plan and meets the requirements of the Zoning Ordinance. The motion was seconded and the vote unanimous.

The Potter's House Ministries, Inc. - Site Plan Review - Rev. Ruben Freeman advised he is related to two of the applicants but in no way will that influence his decision on the application. Potters House Ministries, Inc. would like to construct a 3020 square foot social hall to the existing church on their 1.14 acre parcel located on Fairlee Road (Route 298), Fairlee, in the Sixth Election District. With the new addition the church building will be 7046 square feet in size. The property is zoned "V," Village.

Those present representing the church: John S. Cassell, C & S Group, Inc.; Charles Tilghman; Edmund Gaines; and Norris Hicks. All were sworn in by Chairman Morris.

Ms. Martin reviewed the staff report referring to the Comprehensive Plan. She also noted applicable law found in Article VI, Section 4 of the Zoning Ordinance which establishes review procedures for site plans. This proposal complies with those standards. The new construction meets the setback requirements for the Village District. Landscaping is proposed in the front of the building. The property does qualify for a single-lot exemption under the Forest Conservation Act. There is existing parking for the church. Ms. Martin recommended final approval.

Mr. Tilghman advised the new social hall will be used by the youth, the church members and other community activities. They do not feel this use will have any negative impact on the neighborhood. The building will have vinyl siding. A fence will be installed to cover air-conditioning unit.

After a brief discussion, Ms. Brown made a motion to grant Potters House Ministries, Inc. final site plan approval for the construction of a 3020 square foot social hall addition to the existing church facility. The Planning Commission reviewed the site plan requirements and found this proposal meets the criteria set forth in the Zoning Ordinance and is consistent with the intent of the Comprehensive Plan. The motion was seconded and the vote unanimous.

GENERAL DISCUSSION

Question was asked as to what ordinance is in effect at this time. Mrs. Owings replied the 1989 Zoning Ordinance. Although the Land Use Ordinance was adopted by the County Commissioners on December 3, 2002, it is not in effect until conformation is received from the Critical Areas Commission.

The County Commissioners are encouraging the Planning Commission to hold a meeting to allow for an open dialog between citizens and the Planning Commission concerning the allowable density of development in the Agricultural Zoning District. It was agreed to hold this meeting at Washington College. Staff will contact the college to confirm a date.

The Planning Commission has also been asked to further review the Land Use Ordinance. The Board agreed to start meeting on January 16, 7:00 p.m. to consider text amendments to the Land Use Ordinance. The Board will continue to meet on Thursday evenings as necessary.

Chairman Morris asked if the Department of Natural Resources has written criteria addressing minimum water depth for piers - 4 or 4 2 feet? Apparently there are regulations for commercial piers but not for private individual piers. A discussion ensued.

STAFF REPORTS

Amy Moredock, Environmental Planner - Ms. Moredock gave an update on the Urieville Lake project.

Carla A. Martin, Community Planner - Ms. Martin advised that staff has United States Scenic Byway maps which are available for the Board.

Gail Webb Owings, Planning Director - Mrs. Owings reported that in 2002 the planning office reviewed 710 building permits, an increased number from past years, valued at $30,700,011.

Staff will work on a Planning COG for county and municipal boards for a training session, possibly at Heron Point in March. Topics are needed for discussion as well as a topic for Attorney Mowell to review. Rev. Freeman suggested some instructions on how to make a motion and what should be in the text of a motion.

There being no further business, Chairman Morris adjourned the meeting.

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Elizabeth H. Morris, Chairman

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Elizabeth E. Carroll, Secretary

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