Take it to court.
That response from Baltimore County’s deputy zoning commissioner frustrated a handful of Randallstown-area residents rallying Friday at what they considered a final opportunity to block a proposed 40-home development in their Deer Park community.
But with county department heads lining up to recommend approval, deputy zoning commissioner John Murphy said his hands were tied.
“I don?t want to leave you with expectations of my awesome ability,” Murphy told the residents. “Whether or not this meets regulations today, that?s what we¹re here to decide.”
The zoning code allows 3.5 homes per acre, almost twice the number of homes in the surrounding neighborhood. But community activist Joe McGee estimated development company Iron Horse Properties is building on only 8 of 12 acres, making the average lot size about one-fifth of an acre.
“The development is not compatible with the existing neighborhood that?s been there for 50, 60 years,” McGee said. “I would rather see those houses on quarter-acre lots than crammed together like that.”
The case is another example of how residents often disagree with the county?s formula for calculating density, which doesn?t limit lot size, and the limitations of the county?s zoning commissioner. The commissioner and deputy can impose conditions under certain guidelines in the county code, including conditions that protect neighboring properties.
In October, a Catonsville community organization protested a 13-home development on the west side of Rolling Road in Circuit Court. With one-third of the 5-acre site unbuildable, developer Charles Skirven plans to “cluster” all the homes on just more than 2 acres.
When zoning commissioner William Wiseman held a public hearing on the plans, he overlooked compatibility requirements and approved the proposal only because county staff said the plan, on paper, met all regulations, said J. Carroll Holzer, an attorney representing the Catonsville organization.