Commission recommends against buffer variance for Rock Hall waterfront lot

Carla Gerber summarized the request from Josephine/ Joe McPherson for a 24-foot buffer variance to allow a replacement dwelling 26 feet from the water on a 0.5-acre waterfront lot. Staff noted the modified critical-area provisions set a 50-foot minimum buffer for new single-family residential development and that the Critical Area Commission staff did not recommend approval because the application did not meet the unwarranted-hardship criteria.

Applicant Joe McPherson said the property is wedge-shaped with water on three sides, argued consolidating existing accessory structures into a single, more modern dwelling would reduce overall disturbance compared with moving development farther landward, and noted the proposed house would reduce impervious cover compared with the existing assemblage of structures. Commissioners questioned whether the applicant could still make reasonable use of the lot under the 50-foot setback and whether the change in setback rules after purchase created a hardship; staff and the chair explained the commission's role is to make a recommendation to the board of appeals and that the board of appeals may make its own findings.

After discussion, a commissioner moved to send an unfavorable recommendation to the Board of Appeals on the grounds that the applicant had not proven an unwarranted hardship; the motion carried.