For Office Use Only

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DATE /OJ^J/^

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For Office Use Only

ZONE

CRITICAL AREA: IDA _ LDA ̂ ]

BMA: Yes />C NoNO. OF SIGNS ̂ ?-

VARIANCE APPLICATION^I^lhal2s lbn" ca" be dou'"loade;i lo y0""' t'omP"ter .ind !'l!ed out ". ""."'gAd^R^d^^^miiar product). !t c. n aiso be printuU and tilled

Applicant(s). Martin Roeschy L^^^^^A L//S. ̂ ^A ^C, ^^, ( . f <-.(Applicant must Kave a financial, contractual, or proprietary interest in the property)

Property Address: 3738 Ramsgate Drive, Annapolis, MD 21403

Property Location: 125 feet of frontage on the ( S ) side of Ramsgate drive

105 feet (E(Enter Street Name ]

) of (Nearest intersecting street) Gateshead Drive

12-digit Tax Account Number 02-909-00105325

Waterfront Lot: Y@ NQ Corner Lot: YQN0Zoning District R-2 Lot # 20 ____ Tax Map 61

Area 23'631 _ ( Sq Ft. ) Subdivision Name Watergate

[Enter Street Name)

TaxD[s^2--)^Sn^Wstr^ (6_Deed Title Reference 32509/460

Block/Grid02 Parcel 17

Description of Proposed Project and Variance Requested (Brief, detail fully in letter of explanation)17-8-702(b) of 172sf to place new lot coverage closer to the waterfront than the facade of the existing

18-2-402(1) of 51.2' to the approximate average of the location of principal structures on abutting lotsThLappli.cant. hereby certifles that he. or she has a flnancial' contractual, or proprietaiy interest in the property; that he or she isauthorized to make this application^thatthe information shown on this appiication is correct; and that''herorSi 'e"willrompl7wth allapplicable regulations ofAnne Arundel County, Maryland. '' - '" '"""'

Applicant's Signature Owner's Signature 7^^^.Print Name Martin Roesch Print Name Martin Roesch

Mailing Address 3738 Ramsgate Drive

City, State, Zip Annapolis, MD 21401

Work Phone

Home Phone

Cell Phone

Mailing Address Same as applicant

City, State, Zip

Work Phone

Home Phone

Cell Phone

Email Address roesch @ portzero .org Email Address

* * * Below For Office Use Only * * *

Application accepted by Anne Arundel County Office of Planning and Zoning: )o//o//^Date

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LINOWESIANDlBLOCHERLLP

ATTORNEYS AT LAW

October 8, 2018 Davjtl M. Plotl

443-949-3790(Iplott@linuH'i;s-|!iw. t»ni

HAND DELIVERY

Ms, Lori Rhodes, Planning AdministratorAnne Arundel CountyOffice of Planning and Zoning2664 Riva Road, 3rd FloorAnnapolis, MD 21401

Re: 3738 Ramsgate Drive, Annapolis / T. M. 61, Parcel 17, Lot 20 ("Property")

Dear Ms, Rhodes:

On behalf of Wildcard Yacht Club, LLC (the "Applicant"), we are filing this application forvariances to Sections 17-8-702(b)(l) and 18-2-402(1) of the Anne Arundel County Coderegulating development on a waterfront lot within the Critical Area. The following informationexplains the background and existing conditions of the Property and justification for thevariances as requested and was prepared following meetings and obtaining guidance from KellyKrinetz and Rob Konowal of the County Office of Planning and Zoning,

Background

The Property is approximately 0, 542 acres in size and is zoned R2 - Residential District. It isdesignated as Lot 20 on a 1964 Subdivision Plat entitled "Section One Watergate" recordedamong the County Land Records ai Plat Book 32, Folio 84. The Property is located on the SouthRiver near its mouth with the Chesapeake Bay and is classified as Limited Development Area("LDA") and designated a Buffer Modification Area ("BMA") under the critical area program,The Property is generally flat from its frontage on Ramsgale Drive and then slopes gently to theSouth River, where the Property is bulkheaded. The Property is served by public sewer and anonsile well for potable water,

The Property is presently improved with a house, swimming pool, patio, retaining walls,driveway, and parking areas. The closest existing improvements are located approximately 27feet from mean high water ("MHW"), and the existing principal dwelling is locatedapproximately 33 feet from MIIW.

The existing house was constructed around 1987, prior to the effective date of the Anne ArundelCounty critical area program that was adopted by Bill 49-88. The existing improvements on theProperty predate modern stormwater management and landscaping requirements. The front yardof the house is almost, entirely mowed lawn. Also, the existing house is of a modern architectural

One Park Place I Suite 585 I Annapolis, MD 21401 1410, 268. 0881 1301. 261. 1668 DC 1410, 269. 0046 Bait 1410. 216. 9120 Faxwww.linowes-law.com

LINOWESIAND BLOCHERLLP

ATTORNEYS AT LAW

Ms. Lori Rhodes, Planning AdministratorOctober 8, 2018Page 2

design and not consistent with the architecture of the other homes in the Watergate community.However, it does have a substantial foundation that will be retained with the proposed site plan.

The Applicant wishes to demolish mosi of the existing dwelling while retaining the substantialfoundation of the house for use with the new dwelling. The new house will be located no cioserthan 33' from MHW, which is the front yard setback of the existing house from MHW, Theportion of the existing two-story house closest to MHW, being the waterside covered wood deckand balcony, will be replaced with a one story section of the new house, (see enclosedarchitectural elevations). This should reduce the impacts of the new house on the air, light andview of adjacent properties over existing site conditions.

Variances RequestedCode Section 17-8-702(b) governs the critical area criteria for the addition of lot coverage forreplacement of an existing structure in the BMA. Code Section 1 7-8-702(b) provides that lotcoverage added during the replacement of an existing structure shall meet three criteria. Whilethe proposed new dwelling will not add lot coverage any closer to MIIW than the existingprincipal structure, the Office of Planning and Zoning ("OP2") advised that, per its interpretationand application of the law, a 172 square foot portion of the replacement dwelling waterward ofthe fayade of the existing house requires a variance to Code 17"8"702(b)(l) for the 172 squarefoot portion of the proposed house,

Code Section 18-2-402 provides that the OPZ designates the location of a principal structure on awaterfront lot. Section 18-2-402(1) states that the location of the principal structure will be "anapproximate average of the location principal structures on abutting lots intended to keepstmctures relatively in line with one another". The average setback of the abutting houses is 85feet and both the existing and proposed principal dwelling on the Property will have a setback of33 feet. Therefore a variance of 52 feet is requested.

While the variances only relate to the BMA and waterfront principal structure setbackregulations, ail other aspects of the project will conform to critical area standards, including lotcoverage limits. Notably, the existing lot coverage of the Property is 9,439 square feet. This isproposed to be reduced to 9, 040 square feet, a 10 percent reduclion over existing conditions.

Critical Area BMA Variance

As set forth in Code 18"16-305(b), the criteria for granting a critical area variance is addressed asfollows:

1, Unwarrcwfed I-Iarclahip - A single family dwelling is a reasonable and significantuse oflhe entire Property. The Applicant wishes to utilize the lot coverage of the

LINOWESIAND I BLOCHER LLP

ATTORNEYS AT LAW

Ms. Lori Rliodes, Planning AdministratorOctober 8, 2018Page 3

existing house within the BMA in order to minimize additional disturbance in thebuffer. Denial of the variance to utilize the existing structure for locating the newhouse would deny a reasonable and significant use of the property

Righis Commonly Enjoyed by Others - Other nearby waterfront properties in thesurrounding area have been granted critical area variances by the AdministrativeHearing Officer to Code Section 17-8"702(b). In particular, the owners of thehouse immediately to the east of the Property (3740 Ramsgate Drive) weregranted a variance to allow dwelling additions (sunroom, deck, bump oul tokitchen) with less setbacks than required and with new impervious surface nearerto the shoreline than the principal structures (Case No. : 201 1-0237-V). Theowners of the home located at 3732 Ramsgate Drive, three homes to the west ofthe Property, were granted variances to construct a 535 square-foot dwellingaddition closer to the shoreline over the existing patio and a 530 square-footscreen porch closer to the shoreline (Case No. ; 2014-0275-V). Additionally, theAdministrative Hearing Officer granted the homeowners of 3716 Ramsgate Drivea variance to allow them to convert the existing garage into a master bedroom andconstruct a covered deck, creating 228 square feet of new lot coverage nearer tothe shoreline than the closest facade of the existing principal structure.Therefore, denial of the requested variance would deny the applicant rightscommonly enjoyed by other nearby waterfront property owners.

Confer a Special Privilege - Constructing the new home in the location of theexisting house, on areas of existing lot coverage and foundation, does not confer aspecial privilege to the Applicant. As previously explained, other propertyowners in the surrounding area have received variance approval to add new lotcoverage closer to the shoreline than the closest facade of the existing principalstructure.

Actions oflhe Appllcant/Arise from Conditions on Neighbor ing Properties - Thevariance request is not based on conditions or circumstances that are the result ofactions by the Applicant, including commencement of construction prior to filinga variance. The Applicant has not commenced construction and seeks varianceapproval to facilitate initiation of the proposed improvements to the Property.The variance request is based upon the existing, physical improvements andconditions of the subject Property, not any neighboring properties.

Adverse Effects .- The proposed improvements will reduce adverse impacts.There is presently no stormwaier management on the Property. Modemsiormwater devices to improve water quality prior to discharge to the South River

LINOWESIAND I BLOCHER LLP

ATTORNEYS AT LAW

Ms. Lori Rhodes, Planning AdministratorOctober 8, 2018Page 4

6.

wil) be installed. Areas of existing impervious surfaces within the buffer will beremoved and revegetated.

Rebitt/ahle Presimiption - The variance meets the spirit and intent of the CriticalArea and should not be denied as it minimizes impacts to the bufftr, reducesimpervious areas, revegetates the buffer, and provides water quality management.

Watcrfront Structure Setback Zonina Variance

As set forth in Code 18-l6-305(a), the criteria for granting the waterfront structure setbackvariance to the requirement of 18-2-402 is addressed as follows:

1. Exceptional Circumstances - The front setback for the Property was governed bythe predecessor to Code Section 18-2-402, which currently controls the locationof principal structures on waterfront lots. That now superseded provision wasenacted and became effective on September 22, 1986 in Bill No, 70-86, which, atthe time the Property was constructed, required an administrative determinationby the Office of Planning and Zoning designating the location of the principalstructure. It is an exceptional circumstance for an existing waterfront dwelling toalready be located on the lot and for its replacement to have less impact on the air,light and view of the adjacent dwellings. The substantial foundation of theexisting house will be utilized for the new dwelling. Thus, it would causepractical difficulties and an unnecessary hardship to require removal of thefoundation and existing lot coverage in order to relocate the house to comply withthe average setback requirement. The proposed house will actually be at a lowerelevation closest to the MHW than the existing house, so impacts to air, light andview of the adjacent dwellings will be reduced.

Requirements for Both Variancus

'I'he criteria for any variance are addressed as follows;

1. Minimum Relief Necessary - The 172 square feet of requested variance relief isminimal and is simply the replacement of existing lot coverage, at a lowerbuilding height. Existing lot coverage associated with the existing swimmingpool improviments will be reduced. Stormwater management will be constructedin accordance with grading plans. No portion of the new principal structure iscloser to tidal waters than the existing dwelling; therefore, the variance to thewaterfront structure setback is also the minimum necessary to afford relief,

LINOWESIAND I BLOCHER LLP

ATTORNEYS AT I. AW

Ms. Lori Rliodes, Planning AdministratorOctober 8, 2018Page 5

2. Alter Essential Chw'acter of the Neighborhood - The Property as redevelopedimproves the essential character of the neighborhood as the elevation of the houseclosest to MHW will be reduced from current conditions and the new house willbe more architecturally compatible with the neighborhood,

3, Use of Adjacent Properly - The proposed house improvements will notsubstantially impair the use or development of adjacent properties. Both adjacentproperties are fully developed, and the requested variances will have no adverseeffecl on the use of those properties.

4. Reduction of Forest Cover" The Property is designated LDA and is presentlydeveloped. It contains no forest cover.

5. Not Contrary to A cceplahle Clearing and Replant ing Practice - N o additionalclearing is proposed and this request is consistent with critical area clearing andreplanting practices.

Based on the above, variance approval will promote the public welfare. If you should have anyquestions or comments or need additional information, please do not hesitate to contact me.

Very truly yours,

LINOWES AND BLOCHER

DMP:lbr David M. Plott

L&B713%ISv2/13642.0001

S66'09'34"E 12B'</Wy. TRElSCH DRAIN

23,631 s.f. or 0.5425 Ac.

CONCRETE AGRAVEL DRIVE

~H^TO BE RESURFACED)'^

ADDITIONSEXI^1

DWELLS

N/FKATHLEEN M. McDEVITT& DANIEL K. HURLEY

L. 23038 F. 496

100' TO TIDAL\

.

".t "^^"WATERS (BMA\

PROP. 12'X24'\PATIO w/ TRELLIS #3738

TOO STORYN/FOlAVID KUENZEL &

CATHERINE KUENZEL\L. 27005 F. 393

WITH BASEMENT ^

/?fWMr EXISTING POOL.47F POOL SURROUND.

AND SLATE WALKWAYS_4---16-~------

Af?a OFPROPOSED

/ VARIANCE/ (172SF)

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P -N o. 1 759

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