KENT COUNTY, MARYLAND
PLANNING AND ZONING

The Kent County Planning Commission met in regular session on Thursday, May 1, 2003, in the County Commissioners Hearing Room with the following members in attendance: Elizabeth Morris, Chairman; Bill Sutton; Jay Lancaster; Roger Mangels; Rev. Ruben Freeman; Marcy Brown; G. Mitchell Mowell, Attorney; Gail Owings, Planning Director; Amy Moredock, Environmental Planner; and Elizabeth Carroll, Secretary.

MINUTES - The minutes of the April 3, 2003 meeting were approved after making a correction to page seven, last paragraph - "tractor" trailer.

APPLICATIONS FOR REVIEW

#03-25 John & Nancy Caldwell - Buffer Variance - The Caldwells request approval to construct a 3 by 60 foot deck on their property located on Kinnairds Point Road in the Third Election District. Two variances are needed: a buffer variance and a variance of slopes greater than 15-percent. The 2.203 acre parcel is zoned "CAR" Critical Area Residential.

Mr. and Mrs. Caldwell were present and sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noting the existing dwelling is located entirely within the expanded Critical Area Buffer and was constructed in 1980, prior to the Critical Area regulations. The deck will consist of a three-sided 3-foot by 60 foot walkway around an exiting room.

Ms. Moredock reviewed applicable law found in the Zoning Ordinance, specifically: Article V, Section 4; Article X, Section 2.23; Article V, Section 4; and Article IX, Section 2.3 The Caldwells meet the impervious requirement however the deck would be in the 100-foot Critical Area Buffer. The Buffer is expanded due to steep slopes on the site, which exceed 15-percent. The variance will not cause a substantial detriment to neighboring properties, nor will it change the character of the district. The Comprehensive Plan promotes the maintenance of buffers. Ms. Moredock feels the deck does not constitute an unwarranted hardship, nor does it deny the Caldwells uses generally shared by neighboring property owners. The proposal is not consistent with the buffer and steep slope requirements of the ordinance. Staff recommended denial. However, should the Board approve the application, approval should be contingent upon the following:

The Planning Office received correspondence from Julie LaBranche, Natural Resource Planner at the Chesapeake Bay Critical Areas Commission noting the property is designated as a Limited Development Area (LDA), and if the variance is approved, recommended: "1) Mitigation of 3:1 for disturbance within the Buffer should be required. They recommended mitigation plants consisting of a mix of native trees and shrubs be direct first to non-forest areas within the Buffer then to other areas on the property. 2) Stormwater from the new impervious surface should drain to vegetated areas on the property to allow for infiltration."

There was no other correspondence, and there were no comments from the audience.

Chairman Morris invited the Caldwells to comment. Mr. Caldwell presented photos of his property to better explain his proposal. He noted there will be no entrance to the house from the proposed deck. The deck will be even with the ground at one point. The purpose of the 3-foot deck is to allow the owners to safely wash windows that are otherwise difficult to reach. Mr. Caldwell said he currently stands on a plank which is not very safe. A 3-foot deck would be much safer.

In reviewing the site plat, the Planning Commission noted there is a 2- foot overhang from the dwelling. Through discussion and review of the criteria for granting a variance, the Board advised the Caldwells they could not establish an unwarranted hardship and would be unable to recommend approval of the variances.

Following additional review and discussion, it was noted that if the deck was kept at 2-feet in width, there would not be an increase in impervious surface, and a variance would not be required. The Caldwells considered comments by the Planning Commission and staff, and decided to withdraw their application.

#03-22 Zabel Family, LLC - Buffer Variance - The Zabel Family is requesting three variances:

1) Variance of 44 feet to replace a septic tank within the 100-foot Critical Area Buffer;

2) Variance of 32 feet to replace a sun porch within the 100-foot Critical Area Buffer; and

3) Variance of 26 feet to construct a second-story deck within the 100 foot Critical Area Buffer.

The .95 acre parcel is located on Roberts Drive, Pleasant Cove Subdivision in the First Election District and is zoned "CAR" Critical Area Residential.

Joseph Curtain was present on behalf of the Zabel Family and was sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report noted applicable law found in Article X, Section 2.23 of the Zoning Ordinance which defines the Critical Area Buffer. Article IX, Section 2.3 of the ordinance sets forth the standards for granting variances.

The variances will not cause a substantial detriment nor will it change the character of the neighborhood. The Comprehensive Plan promotes the maintenance and upgrading of septic systems. The Health Department has advised the following:

The practical difficulty is caused by the applicant's expansion plans in a separate permit for a second-story addition over existing impervious surface. The addition is a permitted use and creates no new impervious surface. The septic system needs to be replaced to accommodate the proposed second-story addition. The Comprehensive Plan encourages the maintenance of buffers. Ms. Moredock noted that neither a second-story deck nor a sun porch constitutes an unwarranted hardship, nor does it deny the applicant of uses shared by neighboring property owners.

Ms. Moredock recommended approval of the replacement septic tank in the Buffer, but recommended denial of the deck and sun porch.

Mr. Curtain advised there is some confusion because he understood the Health Department to say the nitrogen unit was not necessary because the proposed drainage field is out of the buffer area. Mr. Curtain presented some photos of the property pointing out the location of the sun porch which is being replaced, but not enlarged. He explained at length the history of this property and the existing structure. There will be no increased impervious surface. Mr. Curtain reviewed the site plan with the Planning Commission and argued his case.

There were no public comments on the proposed variances.

After a lengthy discussion and review, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval to allow the Zabel Family to replace their septic in the Buffer, contingent upon:

The Planning Commission based their decision on the following findings:

The motion was seconded and the vote unanimous.

Ms. Brown made a motion to recommend denial of a variance to replace the existing sun porch in the Buffer. The sun porch is currently non-conforming and cannot be replaced without a variance. The Planning Commission found:

The motion was seconded and the vote unanimous.

Following the voting by the Planning Commission, Mr. Curtain, stated he would just like to leave the meeting today with approval to put in the septic tank and get on with his project, he and the Zabel Family will be satisfied. Therefore, he asked to withdraw the request to construct the 3-foot story deck in the Buffer and leave the plan as previously submitted to the Department of Planning an Zoning.

Mr. Curtain informed the Planning Commission that the roof was fiberboard and needed immediate repair. Counsel concurred that regulations do permit repair of a nonconforming use. Mr. Curtain said he will obtain the necessary information to take before the Board of Appeals to support their the rest of Zabel proposal.

#03-24 James & Karen Creveling - Buffer Variance - The Crevelings request a variance to construct a septic system within the 100-foot Critical Area Buffer. The 5.25 acres parcel located on Quaker Neck Road in the Seventh Election District is zoned "RCD" Resource Conservation District. The existing dwelling was constructed in 1937 and is located within the 100-foot Buffer.

Real estate agents Billy Norris and Sam Martin were present on behalf of the Crevelings, and were sworn in with staff by Chairman Morris.

Ms. Moredock reviewed the staff report advising the Planning Commission of relevant issues and applicable law. The granting of the variance will not cause a substantial detriment to neighboring properties nor will it change the character of the district. The Comprehensive Plan encourages the maintenance and upgrading of septic systems. Staff finds the practical difficulty was not caused by the owners' own actions. At a recent Technical Advisory Committee meeting, the Kent County Health Department advised the existing system is failing and the nature of the soils would promote the request for a nitrogen removal system. Therefore, Ms. Moredock recommended approval of the variance.

Ms. Moredock read a letter from Christine Brockmeyer who has no object to the placement of the septic system as proposed.

Mr. Norris advised he and Mr. Martin were involved with the sale of the property. At that time the Health Department tested the septic system and found it to be failing, thereby requiring another septic and drain field be installed. Mr. Martin noted the only location for a replacement system is in the 100-foot Critical Area Buffer. They reviewed the site plan with the Board. It was noted the existing garage has a second-floor recreation room and bathroom.

There were no public comments.

Following discussion and review of the proposal, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals recommending approval of the Buffer Variance to allow the Crevelings to construct a septic system within the 100-foot Critical Area Buffer, with the following conditions:

The Planning Commission made the following findings:

The motion was seconded and the vote unanimous.

#03-32 John E. Kostick / John Stoltzfus - Impervious Surface Variance - Mr. Kostick, the prospective buyer is the applicant requesting an impervious surface variance to construct a 30 by 80 foot building on the property currently owned by John Stoltzfus. The property is located on West Edge Road, First Election District and is zoned "CCA" Commercial Critical Area. Currently the parcel has 141,352 square foot of impervious surface (43%.) Mr. Kostick proposes to add 3,571 square feet of impervious surface increasing the total impervious surface to 144,923 square foot (44%.) The existing impervious surface exceeds 15%. If a variance is granted Mr. Stoltzfus will divide a .54 acres parcel to Mr. Kostick.

John Kostick was present and sworn in with staff by Chairman Morris. Maria Stoltzfus, daughter of John Stoltzfus was also present.

Ms. Moredock noted the history of the property advising Mr. Stoltzfus submitted a concept plan for a hotel and convenience store in 1994 and has been resubmitted in 1998 and 2003. Since 1993, the Technical Advisory Committee has reviewed concept plans approximately seven times, and the Planning Commission recently reviewed the revised site plan. The concept plan will reduce the amount of impervious surface for the hotel and convenience store to that amount of impervious surface existing on the site as of the effective date of the Critical Area Program.

She referred to a chart in the staff report which gives the breakdown of acreage and impervious surface.

Ms. Moredock addressed relevant issues and applicable law referring to Article V, Section 9 of the Zoning Ordinance. She also noted page 19 of the Comprehensive Plan which states the county should "conserve, protect, and enhance the overall ecological values of the Critical Area, its biological productivity and its diversity."

Ms. Moredock advised, if a commercial site is going to be developed, than an impervious surface variance is required. If the Commission is inclined to approve the variance, the approval should be contingent on:

Ms. Moredock also noted that a favorable recommendation does not confer upon the applicant site plan approval. A separate site plan for the proposed development is required.

The Critical Areas Commission, in their letter of April 30, 2003, advised the following: "...regarding the current development proposal:

Chairman Morris invited Mr. Kostick to speak. Mr. Kostick informed the Planning Commission that he currently operates his business office from his home. The new building will be used for storage of equipment only. Parking of trucks will be in front of the building.

The Planning Commission reviewed the site.

After review and lengthy discussion, Ms. Brown made a motion to forward a favorable recommendation to the Board of Appeals, recommending approval of a variance

Findings of fact:

STAFF REPORTS

GENERAL DISCUSSION

There being no further business, Chairman Morris adjourned the meeting at 4:40 p.m.

____________________________________

Elizabeth Morris, Chairman

____________________________________

Elizabeth Carroll, Secretary

Home | Business | Community | Government | Top

© Chesapeake Bay Internet Associates - 1996-2000: All Rights Reserved.