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DEPARTMENT OF PLANNING AND ZONING
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CUSTOMER ASSISTANCE GUIDE
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Visit us on the Web at: www.co.cal.md.us
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ADMINISTRATIVE VARIANCES
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ADOPTED JULY 2008
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Administrative Variances are defined by the Zoning Ordinance as “A modification of the setback requirements of this Zoning Ordinance granted by the Administrative Variance officer in accordance with Section 11-3.” The Administrative Variance Officer is "The Director of the Department of Planning & Zoning or another designee authorized by the Board of County Commissioners to grant administrative variances in accordance with Section 11-3 of this Zoning Ordinance." The purpose of the Administrative Variance is to delegate approval authority to grant setback variances for single-family residences, accessory residential structures, and additions to residences and accessory structures to the Administrative Variance Officer.
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An applicant seeking a variance may request the same of the Board of Appeals, pursuant to Section 11-1.01.A of the Zoning Ordinance, without first applying for an administrative variance.
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SUMMARY OF ADMINISTRATIVE VARIANCE CRITERIA
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See Section 11-3.01 of the Zoning Ordinance for regulations
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The Administrative Variance Officer may grant setback variances only where it is demonstrated that peculiar and unusual practical difficulties exist on the parcel which warrant a setback variance, and such difficulties are created by exceptional narrowness, shallowness, or shape of the parcel, by reason of exceptional topographical conditions, or by other extraordinary situations or conditions affecting the property. The applicant shall demonstrate that the following additional criteria have been met:
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1.
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The requested variance shall not reduce required setbacks by more than 50 percent and in no case shall the required setback be reduced to less than five feet.
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2.
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The proposed structure for which a variance is requested shall not exceed 1000 square feet in gross floor area.
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3.
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The administrative variance is not intended to authorize the Administrative Variance Officer to grant variances to State or local requirements that are intended to protect environmentally sensitive areas, such as streams, slopes, wetlands, natural heritage areas, or critical areas.
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4.
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Administrative variances may not be granted for after-the-fact variance requests or to correct a zoning violation. Such variance requests shall be made to the Board of Appeals.
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ADMINISTRATIVE VARIANCE PROCESS
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1.
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APPLICATION. A person requesting an administrative variance must file the required application with the Department of Planning and Zoning.
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The application shall consist of the following:
- Referral Form – A copy of the referral form prepared by the Department of Planning & Zoning staff member responsible for referring the case for variance review. It must indicate the purpose of the referral and the Zoning Ordinance section from which relief is sought.
- Application Form – A completed application form.
- Application fee – Fee schedule can be found in application package.
- Affected Property Owner List & Signed Forms - Written documents bearing the signatures of all affected property owners demonstrating that they agree with the requested variance for the specific, proposed development activity. Affected property owners include all owners of all properties that abut the side or rear property line from which an administrative variance is sought; or in the case of an administrative variance request for front setback adjustment, all owners of all properties that abut a side property line of the subject property and those whose properties lie directly across the street from the subject property
- A scale drawing of the property showing the location and size of proposed structures and any additions to existing structures, as well as the distance between those structures and/or additions and all property boundaries.
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2.
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PROCEDURE.
- Upon acceptance of the application, the Administrative Variance Officer shall mail a confirmatory notice to all affected property owners providing them with an opportunity to comment on the request within 10 calendar days.
- The applicant shall obtain an Administrative Variance Sign from Planning & Zoning and post the property with a notice of the variance request for a period of 10 days after acceptance of the application by the Administrative Variance Officer. An “Affidavit of Sign Posting” form shall be submitted to Planning & Zoning upon completion of the 10 day posting.
- If adverse comments are received from any property owners objecting to the variance request, the applicant shall be required to withdraw the application and submit a variance request to the Board of Appeals.
- Prior to making a decision, the Administrative Variance Officer may visit the property to verify information contained in the application.
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3.
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DECISIONS. Unless delayed by actions of the applicant or affected property owners, the Administrative Variance Officer shall decide the issue raised by the application within 30 days of acceptance of the application. The decision shall be in writing and shall include findings of fact that support the decision. In granting an administrative variance, the Administrative Variance Officer may impose conditions that are reasonable or necessary for the protection of surrounding and neighboring properties.
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