CASE #

For Office Use Only

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For Office Use Only

ZONE

CRITICAL AREA: IDA LDA A RCA

BMA: Yes_ No )^NO. OF SIGNS ,1

VARtANCE APPLICATIONNOTE: ITiis form can be downloaded to your computer and filled out iitilizmg Adobe Reader (or sunilar product). It can also be printed ;uid filledout by hand.

Applicant(s): Thomas and Shannon Bray(Applicant must have a financial, contractual, or proprietary interest in the properiyy

Property Address: 1324 Kinloch Circle, Arnold, MD 21012

Property Location; 190 feet of frontage on the (S LU) side of Kinloch Circle

450 feet (w

12-digit Tax Account Number 03-364-19341090

Waterfront Lot: Y0 NQ Corner Lot: Y ["] N 0Zoning District Rl_ Lot # S _ Tax Map 39

Area 2. 537

[Enter Street Name }

-^1) of (Nearest intersectmg street) Glenpban DrivefEnter Street Name )

TaxDistnct(_3 LJ )cound[ Strict 5 QDeed Title Reference 29037/256

Block/Gridl6 Parcel 491

(Acres I .» j) Subdivision Name Glen Oban

Description of Proposed Project and Variance Requested (Brief, detail fully in letter of explanation)Vraiance to Section 18-13-104 Buffers and Expanded Buffers, and 17-8^20n)evelopment on slopes 15% orgreater. See attached letter.

The applicant hereby certifies that he or she has a financial, contractual, or proprietary interest in the property; that he or she isauthorized to make this application; that the information shown on this application is correct; and that he or she will comply with allapplicable regulations of Anne Arundel County, Maryland.

Applicant's Signature ^[MA-

Print Name Shannon Bray

Owner's Signature

Print Name Thomas Bray

Mailing Address 1324Kinloch Circle Mailing Address 1324 Kinloch Circle

City, State, Zip Arnold, MD 21012

Work Phone

Home Phone

Cell Phone

City, State, Zip Arnold, MD 21012

Work Phone

Home Phone

Cell Phone 301-233-0842

Email Address brayshannon@aol.com Email Address braythomas@gmail. com

* * * Below For Office Use Only * * *

AppUcation accepted by Anne Amndel County Office of Planning and Zoning:

Variance to

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Rev 08/03/16

Bay Engineering Inc.Engineers, Planners and Surveyors ^Q

October 31, 2019

Anne Arundel CountyOffice of Planning & Zoning2664 Riva Road

Annapolis, Maryland 21401

Re: VARIANCE REQUESTBRAY PROPERTY1324 KINLOCH CIRCLEARNOLD, MD 21012GLEN OBANTM 39, GRID 16 PARCEL 491

To Whom it May Concern:

On behalf of the applicants, we respectfully request a variance to Article 18-13-104,which states the buflfer shall be expanded to 50 past contiguous slopes of 15% or greater bufferand Article 17-8-201 which states that development may not occur in the LDA within 15% slopesor greater for the construction of a 2 story addition, a reconfigured carport and entryway. The lotis developed with a single-family dwelling and associated improvements. This lot meets thedefinition of a buildable lot. The site is served by public water and private septic. The site drainsto either the Severn River or to Kinloch Circle. The site is located in the LDA (LimitedDevelopment Area) of the Critical Area. The site is zoned Rl residential. The existing house islocated up a steep hill from Kinloch Circle and then access to the water side is down a steep hillvia a tram. The majority of the lot is wooded. The entire property is either within the 100' buflFeror the expanded buffer.

The applicant wishes to put an addition onto his existing house. The majority of theaddition will either be over the existing house or over the existing driveway. The applicant alsohopes to reconfigure the access stairs to the front door which is on the west side of the house aswell as improve the access around the side of the house adjacent to the proposed addition. Themajority of the property is steep slopes with the entire property being within the buffer/expandedbuffer. Any proposed work on this property will require a variance to steep slopes and or bufferdisturbance.

This plan meets the intent of 18-16-305(a):.

1. The subject property lot has unique physical conditions based on the fact that the majority of theproperty is steep slopes and the entire lot is located within the bufifer/expanded buffer. Themajority of the addition will be over existing impervious areas where possible. There is only 622 sq. ft.of actual steep slop disturbance.

2. The exceptional circumstances and practical difificulties in developing the lot are several. The site isencumbered by steep slopes, and is located within the buffer and expanded bufiFer. The addition to thishouse is in keeping with the neighborhood. It is also consistent with the majority of the waterfrontproperties. All of the waterfront properties within this community are located on steep slopes within thebuffer/expanded buffer. Development on the majority of the waterfront lots within this communitywould require a variance based on the topographical conditions (see attached topographic map of GlenOban).

This plan also meets the intent of 18-16-305(b) for critical area variances.

1. This lot has unique physical conditions based on the fact that the majority of theproperty is steep slopes and the entire lot is located within the buflfer/expanded buffer. There is noplace on this property that could be developed without a variance.

2. (i) A literal interpretation of COMAR would deny the owners use of the propertyenjoyed by others as the entire site has steep slopes and is within the buffer/expanded buffer.

(ii) The site is not in a bog area.3. This project will not confer special privileges to the owner, as many properties in Glen

Oban (see attached exhibit) are located on steep slopes within the buffer/expanded buffer, andwere constmcted in the buffer, prior to Critical Area legislation. Numerous houses in thecommunity surrounding this property have been remodeled. The square footage of several of thehouse area also noted on the attached exhibit.

4. The request is not a result of actions of the owner.5. This project will not result in a denigration of forest or water quality as stormwater

management will be provided as required by the Code, and any clearing must be'mitigated for asper the Code.

6. This site is not in the bog buffer.7 This plan meets the presumption, as this site is in a developed community, requires

minimal disturbance and will not cause undue harm to a slope area.8. Based on the topographical conditions of the site there are no other alternatives for

expansion on this property.

This plan meets the requirements of 18-16-305(c), as the proposal is the minimum relief necessary. Thedevelopment will not impair the use of adjoining properties. There will only be minimal tree clearing.The work performed will not be contrary to clearing and replacement practices, and will not alter thecharacter of the neighborhood or be detrimental to the public welfare.

1. The variance request is the mmimum to afford relief. Underlying lot coverage requirements are beingmet.

2. i. This variance will not alter the essential character of the neighborhood. There are many houses inthe community that are the same size and many that are larger (as shown on the attached exhibit).

li. This variance will not impair the use of adjoining properties. The majority of proposed additionwill be located over and around the existing house and driveway. There will be no woodlanddisturbance on the sides of the property, therefore, the project will not impact neighbors.

iii. There is minimal tree clearing required and any mitigation necessary during the permit processwill increase cover in the LDA.

iv No work will be performed contrary to approved clearing practices, as a permit will berequired, and this permit must meet those requirements.

v. The project will not be detrimental to the public welfare, as it is located on private property.

This plan proposes the minimum relief necessary. The development will not impair theuse of adjoining properties. The work performed will not be contrary to clearing and replacementpractices, and will not alter the character of the neighborhood or be detrimental to the publicwelfare.

As this proposal is for house addition and reconfiguration of the access to the house. Itwould appear that this request is consistent with other development in this area. Denial of this

request would not allow the owner to enjoy property rights common to other properties in thisarea.

The enclosed plan represents the location of the proposed work to the dwelling. This planis consistent with other development in Glen Oban. In closing, the variances requested are theminimum necessary to afford relief, and is not based on conditions or circumstances that are aresult of actions by the applicant. We thank for in advance for your consideration to this request.

If you have any questions, or if you require additional information, please feel free to contact meat410.897.9290.

Sincerely,Bay^ Engineering, Inc.

Kim Burke

Project Manager

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