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Record of Proceedings

Howard County Hearing Examiner Meeting – September 14, 2026 – Variance Request for Accessory Dwelling Unit

County Council & Boards — Monday, September 14, 2026
BodyHoward County, Maryland
SessionCounty Council & Boards
DateMonday, September 14, 2026
StatusFILED
Video Record
0:00 / 26:55

Original source
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0:04

All right, good afternoon, everyone.

0:06

It is the 14th of September.

0:09

We are here for BA26-016V, a request by Chris McCauley to exceed the 800 foot maximum cumulative lot coverage for accessory structures for an existing accessory dwelling unit.

0:27

Mr.

0:27

McClay, welcome today.

0:31

Thank you.

0:32

Okay.

0:33

This is your case, and I'm gonna let you put it on, but I have a couple of questions for you first.

0:40

Okay.

0:40

Um it it's this is informal, you're being recorded, but we're just gonna have a conversation, okay?

0:46

Great.

0:47

Okay.

0:48

All right.

0:48

So I need to understand what is the current lot coverage of your existing accessory dwelling.

0:59

Total square footage.

1:01

Pardon me?

1:02

The total square footage of it?

1:04

1,000 square feet.

1:05

So the dwelling the is 1,000 square feet.

1:09

And are you asking to enlarge it?

1:12

No, you're just asking to legalize the existing structure.

1:16

Yes.

1:17

Okay.

1:18

So you're asking for a 200 foot um increase.

1:25

All right.

1:26

And then my second question is our application gives you an either or and I need to know which one it is.

1:34

Is it parcel 418 or lot 418?

1:41

Don't know that.

1:42

You have no idea.

1:44

Well, no, I just when I went through zoning and everything with that, they just kind of we just kind of right.

1:49

And and ours says parcel slash lot, and I just wondered if you knew which one it was.

1:55

So sorry.

1:56

We're gonna that's no problem.

2:01

All right.

2:04

No uh no increase.

2:07

Okay.

2:09

All right, why don't you tell me?

2:11

We'll start out by I'm gonna put you under oath.

2:14

Okay.

2:15

Thank you.

2:16

Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made should be the truth, the whole truth, and nothing but the truth?

2:24

I do.

2:25

Thank you.

2:26

Would you please state your name and your address for the record?

2:29

My name is Chris McClay.

2:30

I live at 5655 Railroad Avenue, Elk Ridge, Maryland, 21075.

2:36

Okay.

2:41

So what would you like to tell me today?

2:49

This all started.

2:50

The structure is already built.

2:52

Okay.

2:52

I'm a carpenter by trade.

2:54

Okay.

2:54

I have 24 years of the building museum building different things.

2:58

It was my shop down back.

3:01

Okay.

3:01

I lost that position in 2018 just because I've been in the herd.

3:05

In fact, I'm 74.

3:06

So somebody knew we're coming in.

3:09

Um, and as a result, I rent the front of the house out, the very front of the house to nurses and got a licensed up for that and all.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████65%
Engineering And Infrastructure███████████████████27%
Procedural███4%
Public Safety███4%
Summary of Proceedings

Howard County Hearing Examiner Meeting – September 14, 2026

On September 14, 2026, the Howard County Hearing Examiner, Joyce Nichols, convened a hybrid hearing at the George Howard Building (Banneker Room and WebEx) to consider Case BA26-016V – a variance petition from Chris Maclay (5655 Railroad Avenue, Elkridge) to exceed the maximum 800 sq ft lot coverage for an existing accessory dwelling unit (ADU) by 200 sq ft (a 20% increase). The hearing streamed live via the county website.

Discussion Items

  • Applicant Testimony: Chris Maclay, a 74-year-old carpenter, testified that the ADU—originally built as a workshop and later converted—now measures 1,000 sq ft. He stated he did not obtain permits for the construction or conversion. The variance is needed to legalize the existing structure. Maclay explained that after losing his museum job in 2018, he rents out the front of the house to nurses and lives in the ADU himself, relying on rental income and Social Security. He expressed a desire to remain in Elkridge and avoid selling the property.
  • Hearing Examiner Findings: Examiner Nichols reviewed the five required findings for a variance:
    1. Unique physical conditions: The lot is extremely narrow, long, and slopes approximately 2–3 feet from the main house toward the rear. The topography and storm drainage patterns were noted.
    2. No harm to neighborhood: The area is zoned R-12 and already developed residentially; the ADU is visually similar to the main house (an A-frame with metal roof and gray siding). The variance will not alter the neighborhood character, impair adjacent property use, or be detrimental to public welfare.
    3. Hardship not self-created: Maclay acknowledged he built without permits but argued the hardship arises from the lot's physical constraints and his financial need. The examiner expressed difficulty with this finding but continued the analysis.
    4. Minimum necessary relief: The applicant seeks only to legalize the existing 1,000 sq ft structure, not to add any new square footage.
    5. Not within a historic district: Maclay confirmed the property is not in a historic district.
  • Neighborhood Context: Maclay stated that all neighboring properties have long, narrow lots with sheds or structures, and he has helped many neighbors with their projects. No neighbors appeared in opposition.

Key Outcomes

  • The hearing examiner concluded the evidentiary hearing and stated that a decision and order would be forthcoming. No immediate ruling was issued from the bench.
  • The applicant must next obtain necessary building permits and inspections to legalize the structure after the zoning variance is resolved (if granted).

Meeting Transcript

All right, good afternoon, everyone. It is the 14th of September. We are here for BA26-016V, a request by Chris McCauley to exceed the 800 foot maximum cumulative lot coverage for accessory structures for an existing accessory dwelling unit. Mr. McClay, welcome today. Thank you. Okay. This is your case, and I'm gonna let you put it on, but I have a couple of questions for you first. Okay. Um it it's this is informal, you're being recorded, but we're just gonna have a conversation, okay? Great. Okay. All right. So I need to understand what is the current lot coverage of your existing accessory dwelling. Total square footage. Pardon me? The total square footage of it? 1,000 square feet. So the dwelling the is 1,000 square feet. And are you asking to enlarge it? No, you're just asking to legalize the existing structure. Yes. Okay. So you're asking for a 200 foot um increase. All right. And then my second question is our application gives you an either or and I need to know which one it is. Is it parcel 418 or lot 418? Don't know that. You have no idea. Well, no, I just when I went through zoning and everything with that, they just kind of we just kind of right. And and ours says parcel slash lot, and I just wondered if you knew which one it was. So sorry. We're gonna that's no problem. All right. No uh no increase. Okay. All right, why don't you tell me? We'll start out by I'm gonna put you under oath. Okay. Thank you. Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made should be the truth, the whole truth, and nothing but the truth? I do. Thank you. Would you please state your name and your address for the record? My name is Chris McClay. I live at 5655 Railroad Avenue, Elk Ridge, Maryland, 21075. Okay. So what would you like to tell me today? This all started. The structure is already built.

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