Prince Frederick, MD – A protracted case involving a popular Solomons Island watering hole inched a little closer to the finish Thursday, Feb. 5. The Calvert County Board of Appeals voted unanimously to comply with a state court’s ruling in the case involving Mr. Lucky LLC, the company that owns the Tiki Bar. In complying with the ruling of the Maryland Court of Special Appeals, the county’s board of appeals remanded the matter to the Calvert County Planning Commission.
Last June the Maryland Court of Special Appeals issued a 100-page “unreported opinion” on three cases dating back to 2009. The cases were consolidated and in an opinion written by Judge Deborah Eyler the court affirmed the decision of the Calvert Board of Appeals and Calvert Circuit Court in a case filed in 2012, dismissed an appeal filed in a 2011 case and remanded a 2009 case to the local circuit court. The consolidated appeals were filed by former Solomons resident Dr. Ronald J. “Chip” Ross, who was joined by co-appellants the Calvert County Commissioners and Calvert County Planning Commission in two of the cases.
The Court of Special Appeals affirmed the decision of the board of appeals and reversed the circuit court on the issue of the number of parking spaces required to be shown on the Tiki Bar’s site plan. The state court did not overrule the county on its decision to require the Tiki Bar owners to obtain a permanent easement right-of-way from Harbor Island Marina Inc.
An order signed by Judge Albert W. Northrup reversed the county’s requirement that the Tiki Bar provide one parking space to every 50 square feet of exterior accessory use area, revising it to one parking space per 200 square feet of exterior accessory area.
The litigation had its origins in the spring of 2006 when the bar’s new owners (Mr. Lucky LLC) made changes to the 3.26-acre site without first seeking permission from Calvert County zoning officials.
“All the issues on the site plan have been settled,” stated V. Charles Donnelly, an attorney representing Mr. Lucky LLC, who added the access issue could likely be resolved by utilizing Maltby Street or a driveway at a neighboring property. Of Maltby Street, Donnelly said the road has existed since 1893 when a town plan for Solomons first came into existence. “It’s a grandfathered use,” he said. “It’s a public right-of-way.”
Contact Marty Madden at marty.madden@thebaynet.com