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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1104 September Term, 2006

WILLIAM F. CHESLEY, ET UX. v. CITY OF ANNAPOLIS, MARYLAND

Davis, Eyler, James R., Adkins, JJ.

Opinion by Adkins, J.

Filed: September 27, 2007

William and Robin Chesley, appellants, challenge the denial of a front yard setback variance that would enable them to build a one car garage within three feet of the street along their Chesapeake Bay waterfront property in Annapolis. They present two questions for our review: I. Did the Board of Appeals err in denying the Chesleys' zoning variance because the Board's conclusions are not supported by substantial evidence and because the Board failed to apply the law correctly? When the City appears as a party at a public hearing before the Board of Appeals through officials who work for the City's Planning Department, and when those City officials testify in favor of a variance application, is it improper for the City in a subsequent petition for judicial review of the Board's decision to oppose the variance by taking positions contrary to the positions City officials took before the Board?

II.

Finding no error, substantial evidence in the administrative record to support the Board's denial of this variance, and no impropriety in the City's advocacy, we shall affirm the judgment. City Regulations The Annapolis City Code sets minimum setbacks of six feet for side yards and 30 feet for front yards for accessory structures in an R2 zone, such as the Chesleys' proposed garage. See Annapolis City Code

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Maryland Law