The Anne Arundel County Board of Appeals ruled that the ownerof Little Dobbins Island can keep a house and faux lighthouse he built without permits on the island.
However, island owner Daryl Wagner must get rid of his pool, gazebo, boathouse, sidewalks, patio and most of his driveway.
The board also voted Monday night to give Wagner an exception to a law that prevents construction within 100 feet of a waterway.
About 75 residents spilled out of the room during the deliberations, sitting on the floor and lining the walls. Some were asked to leave the room due to the fire code.
“It was harsh,” Wagner said of the ruling. He said he was especially concerned he would not be able to keep a sidewalk leading up to his house.
The county first received a complaint about Wagner?s home in 2004. He owned the land, but failed to apply for permits when he built the approximately 2,269-square-foot home, according to the county.
“I?m glad they scaled it down, but the board of appeals didn?t send a clear message out to the community that it is not OK to bypass the law,” said Paul Spadero, president of the Magothy River Association.
As part of the ruling, Wagner can have a total of 3,325 square feet of hardened, non-natural surface on his less than 2-acre island.
“I?m not here to make Mr. Wagner into a whipping boy ? I?m here to take a look at the problem,” said Board Member John Boring, who made the motion to save the house.
The ruling was the result of an appeal of a 2005 decision by Stephen LeGendre, the county?s administrative hearing officer, that Wagner could keep the house but had to remove the lighthouse, a gazebo and a swimming pool.
The appeals were led by Wagner and two environmental groups ? the Chesapeake Bay Foundation and the Magothy River Association.
During the appeal, the board heard more than 50 hours of testimony over about a month-long period before making the decision Monday night.
Representatives from both environmental groups said there are probably grounds for an appeal.
