CASE # ,^c/s -or:, l^FEE PAID ^jl^t - -DATE :'b^C'l)^

MARYLAND

VARIANCE APPLICATION

ZONE ^ J- ALEX200 MAP 1000 MAP

CRITICAL AREA:IDA LDA ^ RCA

Applicant:^1A ^^. <^

Angelique Wroten(All persons having 10% or more interest in property)

Property Address: _328 Arbutus Drive, Edgewater MD, 21037

Property Location: 40

Arbutus Drive

^ffeet of frontage on the (N,s,E,w) side of

street, road, lane, etc. ; 635 feet

(N, sf^W) of Beach Drive

Tax Account Number

Waterfront Lot Yes

street, road, lane, etc. (nearest intersecting street).

1321-9024-8830 Tax District 1st Council District 7th

Corner Lot No Deed Title Reference 31280/98

Zoning of Proeprty R-2 Lot # 22 Tax Map 56 Block 20 Parcel 134

Area (sq. ft. or acres) 6, 173 Sf. Subdivision Name Glebe Heights

Description of Proposed Variance Requested (Explain in sufficient detail including distances fromproperty lines, heights, of structures, size of structures, use, etc. ) Anicle 18-2402(1) permit a primary structurewith less average front yard setback than required. Article 17-8-201, to permit disturbance to Steep Slopes of 15% orgreater in the Chesapeake Bay Critical Area (LDA and Buffer Modified) and to permit a primary stmcture with less

setback than required in an R-2 zoning district (Article 18-4-601), and to Article 18-2-404 (b) to permit a pier ormooring piles with less setback than required.

The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest equal to or inexcess of 10 percent of the property; that he or she is authorized to make this application; that the informationshown on this ̂ ppT^ation is correct; and that he or she will comply with^att-apRlicable regulations of AnneArundel County, Ma/Vland.

Applic^t^'"SignatuRAngelique Wroten

OwnerTS^fatureAngelique Wroten

Print Name

3293 Mulberry StStreet Number, Street, PO Box

EdgewaterMD, 21037

City, State, Zip301-440-1434

Print Name

3293 Mulberry StStreet Number, Street, PO Box

EdgewaterMD, 21037

City, State, Zip301-440-1434

Home Phone Work Phone Home Phone Work Phone

DESCRIPTION

VARIANCE TO ALLOW A DWELLING THAT DOES NOT COMPLY WITH THE DESIGNATEDLOCATION OF A PRINCIPAL STRUCTURE ON A WATERFRONT LOT, WITH LESS SET-BACKS THAN REQUIRED, WITH DISTURBANCE TO SLOPES 15% OR GREATER AND TOALLOW MOORING PILINGS WITH LESS SETBACKS THAN REQUIRED

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OFFICE OF PLANNING AND ZONING ,

CONFIRMATION OF PRE-FILE MEETING

(^^MjUu K>^k

DATE OF MEETING.

P&Z STAFF jCf.^2-^APPUCANT/REPRESENTATIVE,

SITE LOCA-nON 3^8 ATJ^^JUS ^Tn^f^EtAMI.

CA DESIGNATION U)A BMA j/ or BUFFER..

LOT SIZE ̂ / / ̂ ZONING _^L

APPLICATION T^PE \/ ^UA^IA Cf

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INFORMATION TOR THE APPUCANT

Section 18-16-201 (b) Pre-Uli« meeting required. Before fWng an application for a vaitence, specal exception, or to change a zoning district, to change orremove a critical area dassificatwn, or for a variama hi the critkal area or bog protection area, an applicant shall meet unlh the Office of Ptonnmg and Zwting toreview a pre-fite concept plan or an adnrinfetratwe site pton. For single lot properties, the owner shaB prepare a simple ste plan as a basis for determining whatcan be done under the provskms ofthisCOdetosvoht the need for a variance.

*** A preHmhiary plan checkfist is required for development impacting enwronmentalty wnsitiwe areas and for all new slngte-family dwelfings. A stonnwaternwnagement plan that satbfles the requirements of the County Procedures Manual is requirwl fordeveto|»nent impacting environmentalty sensitive areas ORdisturbing 5^00 square feet or more. State mandates require a developer of land pnwide SWM to control new dwetopment mnofffrom the stan of thedevelopment process.

Section 18-16-301 (c) Burden of Proof. The apptcant has tte burden of proof, including the burden ofgomg ibrward with the piwluction of evidence and theburden of persuaston, on ati questions offact The bunten of pefsuaston is by a preponderance of the evidence.

A variance to the requirements of the County's Critical Area Program may only fae granted if the AdmlnistraUve Hearing Officer makes affirmative findings thatthe applicant has addressed aU the requirements outBncd ht Aitide 18-16-305. Commenb made on this form are Intended to provide guidance and are notintended to represent support or approval of the variance request.

Rev 12/22/2016

DEVELOPMENT FACILITATORS INC.

ENGINEERS-SURVEYORS-PLANNERSCONSTRUCTION MANAGERS

1-97 BUSINESS PARK1127 BENFIELD BLVD, SUITE K

MILLERSVILLE, MD 21108WWW. DFIENGINEERING. COM

443-30B-2100 FAX 443-308-2108

February 2 8, 2 018

Anne Arundel CountyDepartment of Planning and Zoning2664 Riva Road

Annapolis, MD. 21401

RE: Variance Application - Explanatory Letter328 Arbutus Drive, Edgewater, MD 21037Glebe Heights, Lots 22Tax Map 56 Block 20 Parcel 134

To Whom it may concern;

Please find submitted herewith the variance application and associated required submittalmaterials requesting a variance to Article 18-2-402 (1J to permit a primary structure withless average front yard setback than required. Article 17-8-201, to permit disturbance toSteep Slopes of 15% or greater in the Chesapeake Bay Critical Area [LDA and BufferModified) and to permit a primary structure with less setback than required in an R-2zoning district (Article 18-4-601), and to Article 18-2-404 (b) to permit mooring piles withless setback than required.

The site is identified as 328 Arbutus Drive, Edgewater, Maryland, 21037, also as Lots 22, onthe Glebe Heights plat It's a 6, 173-square foot lot zoned R2. The site is located within theChesapeake Bay Critical Area (LDA / Limited Development Area) and is Buffer Modified.The site will be served by a proposed private well, and a proposed Step and Gravity Tanksystem onsite. The property fronts a public 30' foot improved right-of-way, known asArbutus Drive.

This site is currently vacant consisting of only an existing driveway and small portion of ashed that is proposed to be removed. The owner proposes to construct a new home, withassociated driveway, a new 3 story pervious deck, new well, new Step and Gravity TankSystem [similar to a grinder pump system) and provide stormwater management for thenew development. Calculations for existing and proposed lot coverage are provided on thesite plans, and there is a brief description below:

The existing lot coverage is 319 square foot, which equates to 4.71% of the site; theproposed lot coverage is 1606 square foot, which equates to 23.71% of the site.Which is well under the permitted lot coverage, of 2, 192 square foot (LDA = 25% +500 sf of the site).

The applicant is seeking a variance to permit a primary structure with less average frontyard setback than required Article 18-2-402 (1). The average front yard setback from thetwo adjacent property owners is 86. 25', we are requesting a variance down to 71. 4' toallow the proposed home and deck, but still allow for sufficient area for the Step andGravity Septic tank in the rear yard [or street side). We are requesting a variance of 1. 15feet to the average front yard setback for the primary structure and a variance of 14.85'feet to the average front yard setback for the proposed pervious 3 story deck. We feel thisis the minimum relief given the fact that the adjacent home on lot 23 is so close to theroadway and if it were to be reconstructed the home would be setback closer to the watersimilar to this one, currently shown to provide the appropriate setbacks to the new mayosystem. The closest point of the house is 85. 1' from the waters edge the adjacent home tothe northwest on Lot 20 is only 59. 8', the adjacent home on Lot 24-25 is 84. 8', and theHome on lots 26-27 is only 43.4'. We feel the house is of modest size for the neighbor hoodand seemingly in line with the adjacent homes. Therefore, we feel we have maximized thedistance from the water's edge to the proposed home and deck.

The variance the applicant is seeking is to permit disturbance to Steep Slopes of 15% orgreater in the Chesapeake Bay Critical Area, LDA, (Article 17-8-201 (b)). The proposed siteplan indicates 822 square feet of Slopes of 15% or greater onsite, with a total disturbanceof 822 square feet of disturbance to Slopes of 15% or greater. The entire frontage along theroadway is encumbered by 15% slopes or greater, the site cannot be accessed withoutdisturbing the steep slopes. The proposed home has been pushed back to allow for 2 off-street parking and the Step and Gravity Tank. We feel this relief is minimal and is necessaryto construct the proposed home, driveway and sidewalk. Please note the site can not beaccessed with out relief to disturbance to the steep slopes.

The applicant is seeking a variance to permit a primary structure to have less rear yardsetback than required (Article 18-4-601). The required setback from the rear property lineis 25' we are requesting a variance down to 23. 1' to allow the proposed home to movefurther from shoreline, but still allow for sufficient area for the Step and Gravity Septictank. We are requesting a variance of 1.9' feet to the rear setback for the primarystructure. We feel this is the minimum relief necessary to maximize the distance to theshoreline.

The applicant is seeking a variance to permit mooring piles with less setback than required[Article 18-4-404 [b)). The required setback from the mooring piles to the extendedproperty line is 15' we are requesting a variance down to 3' to allow the owner to have oneboat slip, we also ask that a boat lift be permitted using these two piles. We are requestinga variance of 12' feet to the setback for the mooring piles. We feel this is the minimumrelief necessary to allow this property owner the same use of the water front and pier asthe other owners in this community. Please note that the proposed pier will be constructedin the setbacks but due to the narrow width of the lot [40') there is not sufficient area toprovide mooring piles to tie to, we also feel that these mooring piles will not have anegative impact on the adjacent piers or access to their slips / piers.

Calculations for critical area clearing and lot coverage are provided on the site plan.

Five copies of the Critical Area report prepared by Development Facilitators, Inc. areincluded with this application.

We respectfully submit that this legally buildable lot would not be able to be developedwithout the relief requested.

Thank you for your consideration of this request and please do not hesitate to contact me ifyou have any questions or if you require any additional information.

Sincerely,

Development Facilitators, Inc.

Candice Bateman

Project Manager

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