Board of Appeals Meeting - February 10, 2026

The Charles County Board of Appeals held a quasi-judicial hearing on February 10, 2026, to address two administrative appeals. The board approved the agenda and minutes from January 27, 2025, then took up Docket 1474 (Duke 925 LLC appeal of a zoning officer determination regarding non-conforming use) and Docket 1459 (River's Edge appeal, continued from January 13). After hearing testimony and deliberating, the board voted to continue both matters to future dates.

Consent Calendar

• The board unanimously approved the agenda for the February 10, 2026 meeting.
• The board unanimously approved the minutes from the January 27, 2025 meeting (which covered the Sheets Hearing and the River's Edge Appeal).

Discussion Items

• Docket 1474 – Duke 925 LLC Administrative Appeal: The appeal challenged the zoning officer’s February 14, 2025 determination that the properties at 2985 and 2995 Old Washington Road did not meet the criteria for a legal non-conforming use in the Waldorf Central (WC) zone. County attorney Mark Potter presented three prongs for upholding the determination: (1) the application lacked required components under Charles County Section 297-462(A)(1)-(5), including no affidavit or certified records; (2) aerial photos alone cannot prove a legally existing non-conforming use; (3) provided aerial photos showed gaps exceeding 12 months, including a 71-month gap between the most recent photo (April 2018) and the preceding one, indicating abandonment. Applicant’s counsel Steve Scott called witnesses: Joe Wessner (commercial realtor and leasing agent) testified that he requested use-and-occupancy permits from the county but received no response, and that the property has been continuously occupied by trucking and landscaping businesses since the Messick family vacated in 2014-2015, with only a brief 30-45 day gap. Raymond Messick testified that his family operated trucking and limo businesses from the property from the early 1990s until 2014. County staff cross-examined, noting no use-and-occupancy permits were ever obtained after 2015 and that the applicant’s evidence did not demonstrate a pre-existing legal use. The board discussed holding the record open to allow the applicant to submit formal documentation from SDAT and other sources.
• Docket 1459 – River’s Edge Administrative Appeal (Old Business): The board resumed deliberations on whether to certify a non-conforming use for a fire-damaged restaurant property in Benedict. The record had been closed on January 13, 2026. Board members expressed frustration with the applicant’s eight-year delay in rebuilding and failure to clean up debris. Some members noted that while residents want a restaurant, the applicant had not met county requirements (e.g., detailed budget). Others argued that denying the non-conforming use would leave a blighted property, whereas certifying it could allow rebuilding under old setback rules and potentially lead to demolition of the unsafe structure. It was noted that a demolition permit had already been issued. The board discussed options to continue the decision to allow time for demolition to occur, potentially using a motion for reconsideration.

Key Outcomes

• Docket 1474: The board voted unanimously to continue the hearing to March 24, 2026, with the record remaining open. The applicant is to provide formal documentation (e.g., SDAT records, business licenses, use-and-occupancy permits) at least two weeks prior to that meeting. The board may also hear additional testimony if needed.
• Docket 1459: The board voted unanimously to continue deliberations until March 10, 2026, via a virtual meeting (Teams) to allow additional time for the applicant to demonstrate progress on demolishing the structure. The board noted that if a decision is not reached by the statutory 60-day deadline (March 13, 2026), options such as denial followed by a motion for reconsideration could extend the timeline.