Howard County Board of Appeals Hearing on Alternative Compliance Appeal - October 1, 2026

The Howard County Board of Appeals convened on Thursday, October 1, 2026, at 9:00 AM in a hybrid format (Banneker Room and WebEx) to hear case BA823D, an appeal by David Marc et al. of a Hearing Examiner’s decision upholding the Department of Planning and Zoning’s (DPZ) approval of an alternative compliance waiver for steep slope disturbance and a variance to remove a specimen tree at 6135 Old Washington Road, Elkridge. The appellant (property neighbors) argued that the decisions were clearly erroneous, arbitrary, and capricious, while the respondent (Maryland International School, the property owner) defended the approvals. The hearing included testimony from appellant David Mark and respondent’s engineer Robert Vogel. The board, consisting of four members, noted that a split decision would result in dismissal. Summation was postponed to October 15, 2026 at 9:00 AM.

Consent Calendar

• Approved meeting minutes of August 27, 2026 (regular and closed sessions) and September 17, 2026, by unanimous roll call votes.

Discussion Items

• Appellant’s Case:
  • David Mark (appellant and professional engineer) testified that the property is not unique, pointing to nearby properties (St. Augustine’s school and others) with similar steep slopes, forest cover, streams, and historic features. He argued that the need for the specimen tree removal was self-created, as the tree was planted by a previous owner (Howard County Board of Education) in the 1970s. He also contended that the school’s expansion could be reduced to avoid the need for waivers, making the hardship purely economic.
  • Appellant’s exhibits (1-11) included maps showing topography, slope, soil, forest cover, forest conservation easements, and stream buffers on the subject property and neighboring properties, as well as the circuit court order vacating a prior variance approval.
• Respondent’s Case:
  • Robert Vogel (professional engineer with 40 years of experience) testified that the property’s combination of features (85-foot vertical grade, historic school building, streams, steep slopes, specimen trees, and a pump station) makes it unique. He detailed that the requested steep slope disturbance (15,535 sq. ft. total, with 8,730 sq. ft. permanent) is necessary for an athletic field and that the specimen tree (ST6) removal is required for ADA access and site development. He stated that the retaining wall and stormwater management improvements would benefit the neighbor by diverting runoff and preserving vegetation via a permanent conservation easement.
• Legal Arguments:
  • Appellant’s counsel argued that DPZ’s decision was not based on sufficient evidence and that the property’s features are not unique compared to others in the area. They also raised a procedural issue regarding missing Maryland Aviation Administration (MAA) approval, but the board marked related exhibits for identification only.
  • Respondent’s counsel argued that the appellant failed to meet the heavy burden of proof, that the board’s prior finding of uniqueness in the conditional use case (though the variance was later vacated) supports the current decision, and that the “uniqueness or topographical conditions” standard is broader than the zoning variance standard.

Key Outcomes

• No final decision was rendered. The board continued the hearing to October 15, 2026, at 9:00 AM for closing summations and deliberation.
• Appellants rested their case; respondent’s witness testified. Appellant waived rebuttal.
• The board did not issue any rulings on pending objections or motions, including respondent’s motion to dismiss (which was not decided).