On March 12, 2026, at approximately 10:00 a.m., Hearing Examiner Joyce Nichols conducted a hybrid hearing in the George Howard Building (Banneker Room and WebEx) for application BA 25-022V. The petitioner, Kurush Mechanic (co‑petitioner with Farehabi Habibi), owner of 3704 Red Oak Lane, Ellicott City, sought a variance to reduce the rear‑yard setback from 10 feet to 5 feet to construct an in‑ground swimming pool and two sheds/pool houses. The property is a 3.1‑acre lot, of which approximately 2.8 acres are dedicated to sewer/septic systems or reserved for forest retention, leaving limited buildable area.
All right, good morning, everybody. It is good morning. It is the 12th of March. We are here. It is approximately 10 a.m. We are here for application BA 25-022 V a variance from a rear yard at 10 but rear yard setback. I'm gonna have to determine how much of a variance you want because your application was a little unclear. Um the application is for a variance from the rear yard setback for a swimming pool, an in-ground swimming pool, and two sheds or pool houses. So let's start the case then. So uh petitioner, that's the next question. Who is the petitioner? Is the petitioner Kurush mechanic or Kurush and Fahih Habibi? Well, we are uh husbands and wife, and you would be Kurush and Far uh or I'm sorry for mispronouncing it. Okay. So you are the petitioner and you are the property owners. Yes. Okay. And Kurush Mechanic is the name of the business. No, that's my name. So I think there may be uh structures or us in there. That is the company that prepared uh that is also my company, and we prepared the paperwork, the plans and everything was submitted. But my name is Kurush Mechanic, and my wife's name is Farehabi. Ah, okay, thank you very much. All right. Okay. Uh okay. So it is the petitioner's case, and whoever's gonna testify first, I need to swear you in. Go ahead. Testify. Okay, I need to swear you in first, okay? So if you would raise your right hand and swear after me. Thank you. I solemnly swear or affirm under the penalties of perjury that the responses given and statements made shall be the truth, the whole truth, and nothing but the truth. I do. Thank you. Please state your name and address for the record. Kurush Mechanic. 3704, Red Oak Lane, Ellicott City, Maryland 21042. All right. This is your case, and it's your burden of proof. So go ahead and tell me what you want to say. Uh we previously recently moved in this house about a year ago. And previously we had uh in-ground swimming pools, and my kids and family were very unhappy that we move into a house with no swimming pool. So as a bargaining chip of me have talking them into coming to this house, I promise the swimming pool for my family. I have moved to this property, and uh I have 3.1 acre of uh land here, and out of that uh 2.8 acres of it are devoted to their source uh system or is reserved for forest, and there is very little amount of room in this huge property that I could build anything on. So I have designed a swimming pool that would be the least destructive to the environment, yet set between my property and to have it properly made. I'm requesting for five foot reduction on the setback. So I'm requesting to reduce the setback by five feet from ten feet to five feet. Now it's my understanding that these setbacks are the box setbacks, and they're not carved in the stone, and they are set for protecting properties, protecting uh uh for fire and uh structures. Uh so none of these are anywhere to this setback, and therefore I think that my request is reasonable.