NOTICE OF FINAL DECISION

OF BOARD OF APPEALS

RE: Case No. V-71-14 Cory Chase

Enclosed herewith is a copy of the Board Order setting forth the action taken by the Board of Appeals in your case on the following date: February 3, 2016 .

CERTIFICATE OF SERVICE

This is to certify that on February 29, 2016 , the above notice and attached Order of the Board were mailed, postage prepaid, to all persons of record.

(Original Signed) Anne F. Carter Administrator cc: Petitioner Adjoining Property Owners M-NCPPC, Permit Review Section DPIE/Building Code Official, Permitting BEFORE THE BOARD OF APPEALS FOR PRINCE GEORGE’S COUNTY, MARYLAND Sitting as the Board of Zoning Appeals

Petitioner: Cory Chase Appeal No.: V-71-14 Subject Property: Lot 7, Early Manor Subdivision, being 13805 Old Indian Head Road, Brandywine, Prince George's County, Maryland Witness: Gary Rubino, adjoining property owner Heard: November 4, 2016; Decided: February 3, 2016 Board Members Present and Voting: Bobbie S. Mack, Chairperson Albert C. Scott, Vice Chairman Anastasia T. Johnson, Member

RESOLUTION

This appeal is brought before the Board of Appeals, sitting as the Board of Zoning Appeals for the Maryland-Washington Regional District in Prince George's County, Maryland (the "Board"), requesting variances from the strict application of the provisions of Subtitle 27 of the Prince George's County Code (the "Zoning Ordinance").

In this appeal, a proceeding pursuant to Section 27-229 of the Zoning Ordinance, Petitioner requests that the Board approve variances from Section 27-442(e)(Table IV) of the Zoning Ordinance, which prescribes that each lot shall have a side yard at least 8 feet in width; Section 27-442(c)(Table II), which prescribes that not more than 25% of the net lot area shall be covered by buildings and off-street parking; and Section 27-442(i)(Table VIII), which prescribes that accessory buildings shall generally be located only in the rear yard. Petitioner proposes to validate existing conditions, widen an existing gravel driveway and construct an enclosed breezeway, detached carport and shed. Variances of 8 feet side yard width, 2.2% net lot coverage and a waiver of the rear yard location requirement for an accessory building are requested.

Evidence Presented

1. The property was subdivided in 1959, contains 24,819 square feet, is zoned R-R (Rural Residential) and is improved with a single-family dwelling, attached (via a breezeway) garage, driveway and shed. Exhibits ("Exhs.") 2, 4, 9 and 10. The dwelling was built in 1959. Exhs. 9 and 10. 2. The property is located in a rural area. Exh. 11(A). The lot is irregular in shape and widens from front to rear. It is subject to a 20-foot-wide drainage easement running along the left side lot line. Exh. 2. 3. Petitioner would like to (1) construct a detached 12' x 20' carport over the driveway area, (2) construct a 12'x20'/20'x30' shed attached to the carport, (3) widen an existing gravel driveway and (4) enclose a breezeway between the house and attached two-story garage, but variances are needed to obtain a building permit. With enclosure of the breezeway, the two-story garage will become part of the main house structure and must comply with main structure setback requirements. Because the wooden deck on the front of the garage extends to the side lot line, a variance of 8 feet wide yard width was requested. Exh. 14. 4. Since the detached carport/shed structure will be located to the side of the attached garage, a waiver of the rear yard location requirement for an accessory building was requested. Exh. 14. 5. Petitioner proposed to remove part of the gravel and asphalt driveway area from the property, but the allowed amount of net lot coverage (25%) is still exceeded by the remaining development on the property. A variance of 2.2% net lot coverage was therefore also requested. Exh. 14. 6. Petitioner testified that he built the large two-story garage in 2003 to accommodate storage of dump trucks and maintenance of the vehicles. He stated that garage is now used to restore antique cars. He Appeal No. V-71-14 - 2 -

explained that the breezeway was built at the same time as the garage (Permit 32366-2003). See Exhs. 7 and 8. He further stated that the garage was built too close to the property line. See Exhs. 5(A) and (B). 7. He further testified that the proposed shed will be used as a sheet metal shop for his heating/air conditioning and sheet metal business (es) and to store vehicles and items now kept outside. Exhs. 5(D) thru (H). 8. He stated that the County is requiring him to widen the gravel driveway where the driveway is shared with the adjoining property. Exh. 6 (Comment #1); also see Exh. 5(C). He explained that he plans to plant grass in the areas where gravel will be removed. See Exh. 2. 9. Petitioner submitted photographs of properties in the area (triangle of Brandywine Road/ Tower Road/Old Indian Head Road) with various accessory structures. Exhs. 27(A) thru (L). 10. Gary Rubino, owner of adjoining property to the rear of Petitioner's property, opposed the variance request. He believes Petitioner's site plan is inaccurate and the property should be resurveyed. 11. In written response to a request for technical assistance, the Department of Permitting, Inspections and Enforcement ("DPIE") stated that it reviewed the "field conditions" of the subject property and concluded that Petitioner’s site plan (Exh. 2) appears to reflect existing conditions on the property accurately.1 12. The Subdivision Section of the Maryland-National Capital Park and Planning Commission reviewed the request and concluded that the existing and proposed structures are not within the 25-foot building restriction line (BRL) indicated on the subdivision plat for Early Manor (WWW 33-12) and therefore no minor final plat to remove the BRL is required. Exh. 21.

Applicable Code Section And Authority

Section 27-230 of the Zoning Ordinance authorizes the Board to grant variances when, by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary situation or condition of specific parcels of property, the strict application of the Zoning Ordinance would result in peculiar and unusual practical difficulties or an exceptional or undue hardship upon the owner of the property, provided such relief can be granted without substantial impairment of the intent, purpose and integrity of the General Plan or Master Plan.

Findings of the Board

After hearing all the testimony and reviewing the evidence of record, the Board finds that the requested variances comply with the applicable standards set forth in Section 27-230, more specifically:

Due to the irregular shape of the property, the property widening from front to rear, the property being located in a rural area, certain existing conditions needing validation and a shared driveway needing widening in order to obtain a building permit, the existing breezeway needing to be enclosed to attach the existing two- story garage to the house and make it part of the main structure, a large amount of gravel driveway area being removed and replaced with grass, additional enclosed storage area being needed for items currently being stored outdoors, and the character of the neighborhood, granting the relief requested would not substantially impair the intent, purpose and integrity of the General Plan or Master Plan, and denying the request would result in a peculiar and unusual practical difficulty upon the owner of the property. BE IT THEREFORE RESOLVED, unanimously, that variances of 8 feet side yard width, 2.2% net lot coverage and a waiver of the rear yard location requirement for accessory buildings in order to validate

1 DPIE stated also that an existing shed may be encroaching on Mr. Rubino's property and recommended that a licensed surveyor re-verify the location. The Board’s decision does not address any issues that pertain to the existing shed.

Appeal No. V-71-14 - 3 -

existing conditions, widen an existing gravel driveway and construct a 6.45' x 27' enclosed breezeway, 12' x 20' detached carport and 12' x 20'/20' x 30' shed on the property located at Lot 7, Early Manor Subdivision, being 13805 Old Indian Head Road, Brandywine, Prince George's County, Maryland, be and are hereby APPROVED. Approval of the variances is contingent upon development in compliance with the approved site plan, Exhibit 2, and the approved elevation plans, Exhibits 3(a) thru (c) (carport and shed) and 18 (enclosed breezeway).

BOARD OF ZONING APPEALS

By: (Original Signed) Bobbie S. Mack, Chairperson

NOTICE

Within thirty (30) days from the date of this decision, any person, firm, corporation, or governmental agency who was a party to the Board's proceedings and is aggrieved by its decision may file an appeal to the Circuit Court of Prince George's County.

Further, Section 27-233(a) of the Prince George's County Code states:

A decision of the Board, permitting the erection of a building or structure, shall not be valid for more than two (2) years, unless a building permit for the erection is obtained within this period and the construction is started and proceeds to completion in accordance with the terms of the decision and the permit.