Panel rejects developer's plea to rezone 2 lots in Linthicum

September 17, 1996|By Consella A. Lee | Consella A. Lee,SUN STAFF

The county Board of Appeals has denied a request by a Severna Park developer to rezone two parcels from open space to single-family residential to create larger lots at a Linthicum subdivision near Hammonds Ferry Road.

Neighbors opposed the request by Cattail Associates Inc., fearing it would create runoff problems and destroy a wooded habitat for small animals and a buffer between the community and an industrial park.

"We're pleased that the appeals board denied the Cattail Association motion there to change the open space to R-5," said Gerald P. Starr, vice president of the Linthicum-Shipley LTC Improvement Association. "It's going to limit their ability to develop that property."

Officials with Cattail did not return calls yesterday.

The developers are planning a subdivision on 10 acres between Kingbrook and Kingwood roads owned by Claire L. Davison.

They had asked for the residential zoning on .44-acre and .27-acre lots owned by Albert Sass and his family that border the Davison property to create larger lots for the subdivision.

In January, county Administrative Hearing Officer Robert C. Wilcox rejected Cattail's rezoning request on the Sass properties, ruling that the developer could not prove that the original zoning of open space was a mistake.

In its decision Friday, the Board of Appeals upheld Wilcox. Cattail did "not present substantial evidence of a mistake by the County Council," three members of the Board of Appeals wrote. Two members dissented, arguing that the zoning on the Sass property should be consistent with the decision on the Davison property. Two others on the seven-member board did not participate in the appeal.

The three members upholding Wilcox reasoned that the Sass property is significantly different from the Davison land, which sits to the south, because it is in a natural drainage system and the soil is eroding.

This was the second time Cattail had appealed a decision by Wilcox about the subdivision.

In November, the Board of Appeals overturned Wilcox's decision denying Cattail's request to have 2 acres of the 10-acre parcel rezoned from open space to residential. The rest of the land is zoned residential.

In that case, the board ruled that county maps were wrong, that the original zoning was a mistake and that the development would be compatible with the general development plan.

Pub Date: 9/17/96

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