Land Along Defense Highway Will Remain Rural

A plot of land along Defense Highway in Crofton will remain zoned as rural following a decision handed down by the county administrative hearing officer. 

In a ruling delivered Friday, Douglas Clark Hollmann rejected a plea to re-zone 1.5 acres of land at 1593 Defense Highway as commercial. He said there was not enough evidence to support claims that the County Council mistakenly forgot to re-zone the property during last round of comprehensive re-zoning in 2011. 

The land in question is owned by Paul Enger and his son, the operators of Danny's Pool and Patio Center. Enger testified in November that they sought to see the land re-zoned to allow for an expansion of the business. They said the land should have been re-zoned to commercial, arguing that the area along Defense Highway has many businesses. 

Barring a successful appeal, the land will remain classified as rural/agricultural, thus limiting what can be built on the property. 

"To grant a rezoning now on the basis of mistake would require this Office to conclude that the Council would have rezoned the subject property had it known the facts presented at this hearing," Hollman wrote. "Unfortunately, this is too much of a leap for this Office to undertake particularly in light of the requirement that this Office defer to the County Council’s rezoning decisions unless a mistake is clearly presented."

In his ruling, Hollman essentially supported arguments by the Office of Planning and Zoning, which opposed the re-zoning. 

Council member Jerry Walker (R-District 7) and others in the community supported the re-zoning, but about three dozen residents wrote to oppose it. 

The applicants have 30 days to appeal the ruling.