Calvert County Board of Appeals Hearing - October 1, 2026

The Calvert County Board of Appeals met on October 1, 2026, at 9:00 a.m. in a hybrid format to hear four variance cases, conduct an administrative session, and discuss updates to the rules of procedure and new critical area variance criteria effective that day. All four variance applications were approved unanimously. No public comments were received.

Cases

• Case BOA2026-0011 – Chad & Denise Boggs: Approved unanimously. The applicants sought a critical area variance for 8,338 sq. ft. of impacts to steep slopes and expanded buffer, and a general variance to reduce the buffer setback from 10’ to 0’ to construct a new single-family dwelling with finished basement, deck, porch, and garage at 3159 Holland Cliffs Road, Huntingtown (RCD & CA-LDA). The board found that the lot’s topography and septic/well constraints created an unwarranted hardship, and the variances were the minimum adjustment necessary. The motion was moved and seconded, with all members voting aye.

• Case BOA2026-0016 – Rafael & Carmen Portela: Approved unanimously. The applicants sought a critical area variance for 1,020 sq. ft. of impacts to steep slopes and expanded buffer, and general variances to reduce the buffer setback from 10’ to 0’ and side setback from 5’ to 0’ to construct a backyard retaining wall with a fence at 4006 South Shore Drive, Port Republic (WCD & CA-LDA). The board accepted late-submitted applicant photos into the record. The Portelas testified about ongoing erosion and a deteriorated wooden wall creating safety hazards, especially for grandchildren. The board concluded the wall was a necessary engineering solution and that the applicants had overcome the presumption of non-conformance. The motion passed unanimously.

• Case BOA2026-0017 – Roland Joun Jr. (representing Shahab Motamedi): Approved unanimously. The applicant sought a general variance to reduce the front setback from 15’ to 5’ to construct a new single-family dwelling on a slab at 12877 Calvert Terrace, Lusby (RD). The representative explained that combining two lots created Lot 30R, and due to well and septic placement constraints, the house could not be located without the setback reduction. The board found the variance was the minimum adjustment and granted it unanimously.

• Case BOA2026-0019 – Casey Torgusson: Approved unanimously. The applicant sought a general variance to reduce the buffer setback from 10’ to 0’ for construction of two 12x16 storage sheds at 7825 Marshall Road, St. Leonard (FFD & CA-RCA). The applicant presented a diagram showing the limited buildable area on the peninsula lot. The sheds would be placed outside the 100-foot critical area buffer and would not require tree removal. The board accepted late-submitted site plan and photos. The motion passed unanimously.

Administrative Session

• Rules of Procedure Update: Still awaiting scheduling with the Board of County Commissioners. Lisa Smith Sanders will continue as attorney until the rules are approved or alternative procurement occurs.
• Membership Updates: Ron Scott was approved as a full member; Barbara Warner becomes a member; Miriam Gholl becomes the second alternate.
• Court Case Update: The Lusby Villas case is scheduled for circuit court on October 8, 2026; an update will be provided at the next meeting (likely December or January).
• New Critical Area Variance Criteria: Effective October 1, 2026, the state has tightened variance standards. Key changes include: (1) applicants must demonstrate a substantial need not based on convenience, personal preference, or financial advantage; (2) the development cannot be located outside a habitat protection area; (3) a rebuttable presumption exists that an existing accessory structure demonstrates reasonable significant use when seeking a variance for a new accessory structure; and (4) comparisons with other properties must involve properties in the critical area, developed after program adoption, conforming and legally authorized, and similarly situated. Training will be provided via a recorded session. The board discussed the need for more detailed findings in orders.

Key Outcomes

• All four variance cases (BOA2026-0011, 0016, 0017, 0019) were approved unanimously, subject to successful completion of the Calvert County permitting and inspection process.
• The board acknowledged the new critical area variance criteria and will require more detailed findings and conclusions in future orders.
• The next regular meeting is tentatively scheduled for December 2026, subject to case volume.