Council to consider homeowner paving bill in fall

by Leah Carlson

Staff Writer

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July 11, 2001

County legislators put off until fall a bill that would restrict paving on private property.

During a meeting of the County Council's Planning, Housing, and Economic Development Committee on Monday, legislators agreed to set up a work group for the issue and revisit the bill in the fall.

In May, County Councilman Howard A. Denis (R-Dist. 1) of Chevy Chase introduced legislation to limit paving on residential lots in Montgomery County.

If passed, the bill would require homeowners to obtain a permit to pave more than 400 square feet of their property. A related zoning text amendment would prohibit homeowners from paving more than 50 percent of their entire lot or more than 50 percent of their front yard.

Proponents say the bill would help local neighborhoods retain their residential appearance and prevent unappealing commercialization.

"Our communities, like others throughout Montgomery County, have experienced substantial problems due to residential lots being paved, or otherwise used, for the parking of vehicles that are readily visible from the public right of way or from nearby private properties," Norman Knopf, a lawyer representing the Wisconsin Avenue Action Committee, wrote in a letter to the council.

"Such use makes the property appear commercial in nature and otherwise detracts from its residential character," he wrote.

In addition, paving can cause storm water to run into adjacent lots. With grass or landscaping, rain is usually absorbed.

Knopf supported the bill, but submitted some revisions for the council to consider. He said the restrictions should apply to any area used for parking, whether the material is completely impervious or not.

Betty Anne Krahnke of Chevy Chase, a former council member, recommended that applicants for home occupation permits, special exceptions, and other building permits be required to bring the property into compliance with the provisions in the bill.

"Once attractive homes fronting Wisconsin [Avenue] have planted asphalt and concrete in their front yards, instead of trees and lawns," Krahnke wrote in a letter to the council. "They are ruining the front door of our community."

Opponents of the bill say it is not specific enough and might unfairly restrict some legitimate and legal uses of private properties.

Richard Thometz, vice president of the Montgomery County division of the Maryland-National Capital Building Industry Association, said the legislation should apply only to the front yard of properties with a home occupation permit.

Thometz also said that gravel should not be considered an impervious surface.

The bill is an amendment to the county's zoning laws, which do not restrict paving on private properties. Some municipalities in the county have limited paving on residential lots, particularly in historic districts, but the county does not.

The bill would apply to R-60 and R-90 zones, which include residential properties with a minimum of 6,000 or 9,000 square feet. It is not retroactive.