Calvert County Board of Appeals Meeting – March 6, 2025: Two Variance Cases Heard and Approved
Calvert County Board of Appeals – March 6, 2025
The Calvert County Board of Appeals held a public administrative hearing on March 6, 2025, to consider two variance applications. The board unanimously approved both requests after hearing testimony and reviewing evidence. The meeting also included an administrative update on a previous appeal and opened the floor for public comment, which yielded no speakers.
Case 24-4206: Cox – Critical Area Variance for Porch Addition
- Applicants: Michael and Anna Cox, owners of 5500 Sixes Road, Prince Frederick (Tax Map 26, Parcel 246).
- Request: A Critical Area variance to allow construction of a wraparound porch (approximately 500 sq. ft.) and an enclosed addition on the north side of an existing residential structure located within the Critical Area Buffer.
- Background: The dwelling was originally permitted in 2019 as a single-family home but was mistakenly re‑permitted as a “pole barn” due to a staff error. The variance pertains only to the porches; the legalization of the dwelling as a residence will occur through the building permit process. The property is zoned Farm and Forest District/Critical Area/Resource Conservation Area (FFD/CA/RCA).
- Key Testimony: Applicants argued that the porches are necessary for safe ingress/egress (three exterior doors at 10 ft elevation), for structural integrity, and to provide shade in a house without central air conditioning. They emphasized that the entire parcel is in the Critical Area, that the original site plan placed the house outside the 100‑ft buffer, and that the buffer was expanded in 2021. The applicants also noted that 13 letters of support were submitted from neighbors and environmental experts (e.g., Dr. Walter Boynton, Tom Horton). The Critical Area Commission submitted a late comment letter (received the morning of the hearing) questioning the size of the porch and other issues; the board accepted it over objections about timing, noting that only one paragraph was relevant to the porches. Staff recommended conditions related to mitigation and permitting.
- Board Discussion: Members acknowledged the importance of the porches for safety and the project’s long history. They agreed that the variance was the minimum adjustment needed and that the applicants had demonstrated unwarranted hardship due to the property’s Critical Area location and changing regulations.
- Vote: Unanimous approval (5‑0). The order includes a condition that the Coxes must comply with all county permitting requirements.
Case 25-4214: Kadjeski (COA Barrett, LLC) – Forest Conservation Variance for Specimen Tree Removal
- Applicant: Joe Kadjeski of COA Barrett, LLC, on behalf of property owner Dowell Properties, LLC. The property is 25 Armory Road, Prince Frederick (Tax Map 24, Parcels 779 & 598), zoned Town Center District.
- Request: A Forest Conservation variance to remove 38 specimen trees (≥30 inches DBH) to construct a two‑story assisted living and memory care facility (86 units) and ten age‑restricted residential duplex cottages (20 units).
- Project Details: The project is located in the Prince Frederick Town Center, a priority funding area. The applicant’s representative, Doug Cooper of SHA Capital Partners, testified that Calvert County is “woefully underserved” for senior housing, with only Asbury (24 assisted living units) and the Hermitage (skilled nursing) in the county. The facility would employ 50‑55 full‑time equivalents and provide a purely rental model (no entry fees).
- Site Constraints: Engineer Joseph Kadjeski explained that of the 22.18‑acre site, only about 10.8 acres are buildable due to steep slopes, streams, wetlands, and buffers. The design was downsized three times: from an initial 62,000 sq. ft. one‑story building with 20 duplexes, to a two‑story 41,300 sq. ft. footprint with 10 duplexes, reducing specimen tree removal from 57 to 38. The project will place over 8 acres of existing forest into a conservation easement (exceeding the minimum requirement of 6.7 acres by 20%). Stormwater management facilities (micro‑bioretention, extended detention pond) will mitigate water quality impacts.
- Board Discussion: Members noted the project’s alignment with the comprehensive plan (town center development, housing variety) and the need for senior care. They questioned the viability of the downsized project; the applicant affirmed it remains feasible. No public comments were submitted.
- Vote: Unanimous approval (5‑0). The motion included findings that special topographical conditions exist, the variance is the minimum adjustment, and it will not injure the public interest or water quality.
Administrative Session
- Update on Appeals: Staff reported that the Maryland Supreme Court denied a writ of certiorari in David Gilbert v. Calvert County Board of Commissioners (Petition No. 386, September Term 2024), upholding the lower court’s decision. No update was available on the Running case.
Public Comment
- No members of the public offered comments.
Key Outcomes
- Case 24-4206 (Cox): Critical Area variance granted unanimously, subject to compliance with county permitting conditions.
- Case 25-4214 (Kadjeski): Forest Conservation variance granted unanimously, allowing removal of 38 specimen trees for the assisted living and memory care development.
- Administrative: The board acknowledged the final court ruling on the Gilbert appeal.
- Adjournment: The meeting was adjourned after a unanimous vote.
Meeting Transcript
Good morning, ladies and gentlemen. I'd like to welcome you all to the March 6th 2025 Calvert County Board of Appeals Public Administrative Hearing. We'll begin the hearing by taking roll call. And I'll raise your hand when I call your name, Mr. Bob Carpenter, Mr. Jerry Clark, Mr. Thomas Ireland, Mr. Joseph McKenney, and Miss Susan Hance Wells, Susie Hance Wells. Our alternates are not here today. We've established a quorum, and our counsel is Ms. Lisa Smith Sanders. The board's administrator is Tamara Blake Wallace. The board's coordinator is Maureen Dul. And our clerk is Lisa Krebs. Good morning. We're in a hybrid format this morning with in-person and virtual attendees by Zoom. At this time, the clerk will go over Zoom etiquette for the hearing and identify unnamed attendees for the session. Welcome to today's Board of Appeals public hearing. I will be your Zoom host. This meeting is being recorded on video and audio for record keeping purposes. Those who testify in today's hearing or previously submitted written correspondence shall be considered a party of interest. Please keep yourself muted until you can call until you are called on to speak. Use the raise hand function, and I will call on you when it is your turn. Say your name each time you speak for the benefit of those who cannot see you. Only use the chat feature for technical issues and not to comment about cases. Comments in chat cannot be included as part of the official record. Does anyone have any questions about using Zoom or Zoom etiquette? Okay, and we have one caller, caller ending in 788. Can you please unmute and identify yourself? Caller ending in 788. Can you please unmute and identify yourself? Okay, madam chair. Today's cases, sorry, will fall under the previous zoning ordinance that was in effect through February 28th, 2025. Thank you. All right, thank you. Today's hearing will be conducted in the following manner. I'll call the case to be heard. I will then call on the applicant to identify themselves by stating their name and address. If the speaker is acting as a representative, I ask that you identify the applicant that you're representing. And we will also be swearing in the staff as well. Next, the applicant will present their case, and we ask that the applicant or the representative please address the criteria that we have to answer in order to make a decision in your case. The board will make findings of fact based on exhibits submitted and accepted prior to and during the hearing and testimony heard today. The Board of Appeals will accommodate public comment and the conclusion of the final case of the morning. I will now swear in the staff. You raise your right hand. And I do have people online. Ron, can you go ahead and unmute and turn your camera on? See there? He's coming. Yep, I'm here.
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