Charles County Board of Appeals Meeting – March 10, 2026

The Charles County Board of Appeals convened on March 10, 2026, to hear three cases: an administrative appeal for the River’s Edge property and two variance requests for Heritage Memorial Cemetery. The board approved the agenda and minutes, addressed procedural issues in the River’s Edge appeal, and voted to approve both cemetery variances after debate.

Consent Calendar

• The board unanimously approved the meeting agenda.
• The minutes from the February 24, 2026, meeting were approved; Jennifer Walker abstained due to her absence at that meeting.

Discussion Items

Docket 1459: River’s Edge Administrative Appeal

The board reopened the record to accept documents from both the county and the applicant. County Attorney Mark Potter reported that a demolition permit had been issued on February 6, 2026, valid for six months, and that inspectors visited the site that day to document conditions. Board Attorney Ron Brown argued that the non-conforming use had been abandoned for more than one year under county code, removing any discretion to revive it. Applicant’s attorney Zach Gilbreth countered that the statute should consider the applicant’s efforts and requested time to review new evidence submitted by the county late in the day. Applicant George Holmes described feeling ambushed, and Mr. Gilbreth noted he had not received the county’s documents before the hearing. Planning Director Jason Groth clarified that the county’s inspection was a routine response to a letter from the applicant’s architect. The board decided to leave the record open until its March 24 meeting to allow the applicant to respond in writing to the county’s submissions. After that date, the record will be closed and the board will schedule a vote.

Dockets 1480 and 1481: Heritage Memorial Cemetery Variances

The board considered variances related to existing accessory structures: Docket 1480 sought a reduction in the building restriction line (BRL) from 30 to 10 feet; Docket 1481 sought to allow structures to encroach into the resource protection zone (RPZ), a use not otherwise permitted in that zone. Planning staff presented the facts but made no recommendation. During discussion, members raised concerns about legal precedent and whether the RPZ variance constituted a prohibited use variance. Board Attorney Brown advised that while the BRL variance was defensible, the RPZ variance was problematic but, on the facts, did not appear harmful. After separate debates, the board voted on each docket.

Key Outcomes

• Docket 1480 (BRL variance): A motion to deny failed 2–4. A motion to approve, made by Vice Chair Watkins and seconded by Jennifer Walker, passed 4–2 (including alternate George Grindle). The variance was granted with conditions limiting it to the existing structures; any future structures must comply with current building restriction lines.
• Docket 1481 (RPZ variance): A motion to deny resulted in a 3–3 tie. The board determined that the alternate’s vote should not be counted, giving a 2–3 vote against denial, so the motion failed. A subsequent motion to approve, made by Benjamin Watkins and seconded by Jennifer Walker, passed 3–2 (with George Grindle abstaining). The variance was granted with conditions permitting only the current structures in the RPZ; future expansions must comply with zoning regulations.
• The record for Docket 1459 remains open until March 24, 2026, after which it will be closed and the board will schedule a vote.
• The next regular meeting is scheduled for March 24, 2026, to consider Dockets 1483 and 1484 (Riverside Shorts variances) and Docket 1478 (Wawa special exception). Chair Humbert announced he will be absent, so Vice Chair Watkins will preside.