(613 Hastings Road)
9th Election District
5th Councilmanic District
Richard J. and Mary Lynne Veltman
Petitioners
BEFORE THE
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR BALTIMORE COUNTY
Case No. 2014-0095-A #OPINION AND ORDER This matter comes before the Office of Administrative Hearings for Baltimore County as a Petition for Administrative Variance filed by the legal owners of the subject property, Richard J. and Mary Lynne Veltman. The variance request is from Section 400.3 of the Baltimore County Zoning Regulations (“B.C.Z.R.”), to permit a proposed detached accessory structure (garage) to have a height of 19.5 ft. in lieu of the maximum allowed 15 ft. The subject property and requested relief are more particularly described on Petitioners’ Exhibit 1.
The Zoning Advisory Committee (ZAC) comments were received and are made part of the record of this case. There were no adverse ZAC comments received from any of the County reviewing agencies.
The Petitioners having filed a Petition for Administrative Variance and the subject property having been posted on October 24, 2013, and there being no request for a public hearing, a decision shall be rendered based upon the documentation presented.
The Petitioners have filed the supporting affidavits as required by Section 32-3-303 of the Baltimore County Code. Based upon the information available, there is no evidence in the file to indicate that the requested variance would adversely affect the health, safety or general welfare of the public and should therefore be granted. In the opinion of the Administrative Law Judge, the information, photographs, and affidavits submitted provide sufficient facts that comply with the requirements of Section 307.1 of the B.C.Z.R. Furthermore, strict compliance with the B.C.Z.R. would result in practical difficulty and/or unreasonable hardship upon the Petitioners.
Although the Department of Planning did not make any recommendations related to the garage height and usage, I will impose conditions that the garage not be converted into a dwelling unit or apartment, not contain any sleeping quarters, living area, kitchen or bathroom facilities, and not be used for commercial purposes.
Pursuant to the posting of the property and the provisions of both the Baltimore County Code and the Baltimore County Zoning Regulations, and for the reasons given above, the requested variance should be granted.
THEREFORE, IT IS ORDERED, by the Administrative Law Judge for Baltimore County, this 14th day of November, 2013, that a Variance from Section 400.3 of the Baltimore County Zoning Regulations (“B.C.Z.R.”), to permit a proposed detached accessory structure (garage) to have a height of 19.5 ft. in lieu of the maximum allowed 15 ft., be and is hereby GRANTED, subject to the following:
- Petitioners may apply for their appropriate permits and be granted same upon receipt of this Order; however, Petitioners are hereby made aware that proceeding at this time is at their own risk until such time as the 30-day appellate process from this Order has expired. If, for whatever reason, this Order is reversed, Petitioners would be required to return, and be responsible for returning, said property to its original condition.
- The Petitioners or subsequent owners shall not convert the subject garage into a dwelling unit or apartment. The structure shall not contain any sleeping quarters, living area, kitchen or bathroom facilities.
- The garage shall not be used for commercial purposes.
Any appeal of this decision must be made within thirty (30) days of the date of this Order.