Baltimore County panel approves settlement allowing replacement house at 2124 Rosalie Ave.; side-yard variances denied

Panel chair (name not specified), presiding officer for a Baltimore County zoning hearing panel, on Sept. 3, 2025 accepted a settlement and indicated the panel will issue a written determination allowing a replacement dwelling at 2124 Rosalie Avenue with several variances, while upholding denial of requested side-yard setback variances.

The agreement responds to an administrative law judge's March 20, 2025 decision in case CVADash25Dash011 and was presented by counsel for the petitioners and the Rockaway Beach Association. The panel heard testimony from an expert witness and from petitioner Steven Durst, who described medical needs that he said justify building modifications to improve accessibility.

Why this matters: The settlement affects the size and placement of a private residence in the Fifteenth Election District, Seventh Council District, and highlights how accommodations for medical disabilities can intersect with local zoning standards.

The panel began by summarizing the case record. The administrative law judge previously granted variances to permit a replacement dwelling on a 50-foot-wide lot (instead of the required 70-foot width) and for a lot area of 8,050 square feet (instead of the required 10,000). The ALJ also granted a variance to allow a proposed accessory pool structure in the front yard instead of the rear yard; the ALJ denied the petitioners' requested side-yard setback variances. The parties before the panel presented a slightly different proposal and a settlement that the panel placed on the record.

An expert witness, identified in the hearing as Mr. Dove, testified about a site plan he drafted and said the proposed design is similar to a neighboring property owned by the Beals family. The panel reported there were no written objections from adjacent property owners.

Petitioner Steven Durst testified about his medical history and future needs. According to the hearing record, Durst said he has had two hip replacements and anticipates future surgeries and progression of mobility limitations that may require wheelchair assistance, an elevator and wider hallways. Panel chair (name not specified) said the proposed design would accommodate those future needs and that, in the chair's view, the proposal would not alter the character of the neighborhood.

"I would grant the variance pursuant to the agreement that has been signed by the parties, but wanted to, of course, hear from both of you," the panel chair said during deliberations.

Panelist Fred Lauer said, "I agree a 100%, Grama is." Panelist William Paul Schunk added he appreciated counsel placing the variance standards into the record so the panel would not be approving a settlement without the legal requirements on the record, saying, in part, "we weren't just approving a settlement agreement without the record containing the legal requirements."

The panel stated there were no additional protestants and that testimony and evidence supported the agreement. The members said they would prepare and issue a determination and order reflecting the panel's acceptance of the settlement agreement and the applicable findings and conditions.

The panel did not record a formal roll-call vote in the minutes excerpted in the hearing record; the transcript shows the three panel members orally agreed with the recommendation and directed staff to prepare the written order.

The next step is issuance of the panel's written determination and order, which will memorialize the variances granted under the settlement and the denial of the side-yard setback variances as reflected in the hearing record.

Details from the record: case number CVADash25Dash011; property at 2124 Rosalie Avenue, Fifteenth Election District, Seventh Council District; administrative law judge opinion and order dated March 20, 2025. The panel accepted a settlement presented at the Sept. 3, 2025 hearing and will prepare the final order.