The Howard County Hearing Examiner continued the hearing for BA 26-008C, a petition by ESC Triadelphia Road, LLC for a conditional use to construct 26 age-restricted adult housing (ARAH) units at 12668 Triadelphia Road, Ellicott City. The meeting on July 14, 2026, focused on opposition testimony and public comment. The hearing will resume on July 16, 2026, at 5:30 PM.
This webinar is being recorded and summarized. All right, good afternoon. It is the 14th of July. We are here in a continuation of a case that was originally heard in part on June 24th. The case is BA26-008C, an application by ESC Tridelphia for 26 age-restricted adult housing units. We finish the petitioner's case on the evening of the 24th, and we are now ready to go forward with opposition. You wanted to make an opening statement. Yes, Your Honor. There you go. I'm just joining the WebEx and I'm going to throw some slides up, please. The slides you're going to present, are they in the record? Not yet. Not yet, Your Honor. Actually, I'd like to start with a preliminary with a motion. Sure. I don't know if I can switch it to the view part. There we go. Thank you, Your Honor. My name is Susan Eiteneyer, and I am here representing my husband, Christopher Eiteneyer. I'd like to start with a motion to deny the petition. Section 131 of the Code Conditional Uses, subparagraph G, sets forth under the title Burden of Proof. The applicant for a conditional use shall have the burden of proof, which shall be by a preponderance of the evidence, and which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact, which are to be determined by the hearing authority or are required to meet any of the provisions of these regulations. I would submit to you that on a crucial key issue that the petitioner bears the burden of going forward. Under Section 131, conditional uses, general standards required for approval, the hearing authority shall have the power to permit conditional uses, provided the following general standards are met. Number one, the proposed conditional use plan will be in harmony with the land uses and policies in the Howard County General Plan, which can be related to the proposed use. So that's the first general standard that the petitioner must meet its burden on in order to be granted conditional use. HOCO by design is of course the county's plan with which the petitioner must establish this harmony. We heard a bit about policy DN9 to create opportunities to increase the diversity of home choices in the rural West, especially missing middle housing types that preserve the character of the rural West. And implementing action number three. So these are part of the county plan. Determine if there are strategic locations in the rural West where it is feasible to accommodate increased housing development on shared or community well and shared or multi-use sewerage systems while balancing other priorities such as environmental concerns, historical context, and agricultural preservation goals, while maintaining rural character. So this is the implementing action with which the petitioner must establish harmony. Calling this out where it is feasible to accommodate increased housing development on shared or community well. There is zero evidence of that in the record, that this proposed development on shared community well is feasible. Now, feasible is not a defined term in the plan. I looked. So we are left with the Merriam-Webster version of a common definition in ordinary parlance what feasible means. Number one, capable of being done or carried out. A feasible plan, the only feasible solution, buying a home is not financially feasible for us. Number two, in the definitions, capable of being used or dealt with successfully, suitable. A feasible alternative to gasoline, the earliest feasible date. This flooring is the most feasible option. Number three, reasonable or likely. So the developer must show that it is feasible to accommodate increased housing development on shared or community wealth. And there is no evidence of that whatsoever in the record. Nor is there any evidence in the record that they have done so while balancing other priorities such as environmental concerns. So this is a two-part analysis that they have refused to establish any uh right to a pet uh to a conditional use. And it is not just their burden of proof, it is their burden of going forward. They have to make a prima facie case that they that it is feasible. So they did not do so on direct, and of course they don't have to tell us in advance who their witnesses are, um, but their first witness was the developer himself.