Board of Appeals approves Reese variance to place pool in expanded critical-area buffer

The Saint Mary's County Board of Appeals voted unanimously Jan. 8 to grant Gerald and Laura Reese a variance to disturb an expanded 100-foot critical-area buffer to install an 816-square-foot pool and adjoining patio at 27885 Queen Tree Road in Mechanicsville. The board found the standards for a critical-area variance had been met after hearing staff reports, applicant testimony and debate on alternatives.

Stacy Clements, planner 4 in Land Use and Growth Management, told the board the Critical Area Commission had formally objected and suggested an alternate placement; she said the project as advertised sought relief from section 71.8.0.3 of the county comprehensive zoning ordinance and that the applicant proposed 3,414 square feet of mitigation and a buffer-management plan prior to permitting.

Applicant Gerald Reese described the proposed construction method and pointed to site constraints: steep slopes, a stormwater management easement and the location of the septic reserve area. Reese also said he had suffered a stroke and that both he and his wife are disabled veterans, factors their attorney and board counsel discussed in assessing “undue hardship.” Reese told the board, “We just can't walk down there and walk back,” arguing that the alternate location the commission suggested would prevent practical use of the pool.

Board members asked technical questions about what existing hard surfaces would be removed (the applicants said concrete steps and a small patio would be replaced) and whether lot-coverage calculations left room for the new elements. Counsel for the board discussed case law and urged careful findings but said the record included evidence about site configuration and the applicant’s mobility constraints.

After deliberations, Commissioner Donald Loraco moved to approve the variance to disturb the expanded 100-foot critical-area buffer for a pool and patio; John Brown seconded the motion and the board voted 5–0 to approve. An order reflecting the decision will be prepared and signed by staff within 60 days; a 30-day appeal period begins when the order is signed.

The board noted the Critical Area Commission’s objection in the record and that the staff-required mitigation and buffer-management plan must be completed prior to building permits being issued.