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Amendments to Deep Creek zoning ordinance approved

From Staff ReportsCumberland Times-News

OAKLAND — During a meeting on Tuesday, the Garrett County Commission voted to approve the Garrett County Planning Commission’s recommendation that amendments be made to the Table of Dimensional Requirements for Principal Uses of the Deep Creek Watershed Zoning Ordinance.

Commission chairman Robert Gatto made the motion to approve the planning commission’s recommendation and it was approved. An amendment was made to the table to add a commercial district under the column of Zoning District under the same row and block as town center district, according to Monty Pagenhardt, county administrator. An amendment was also made to the table to alter the types of uses that would qualify for reduced land areas within a shopping center; to properly align the column headings and minimum land area standards; and to strike certain provisions for other zoning districts and land areas.

That section will read as follows: “Retail use, service businesses and commercial recreational uses that are situated in shopping centers having a minimum land area of 1 acre. Only those retail, service and commercial recreational uses specified under this article as requiring a minimum land area of 10,000 sq. ft. in the TC (town center) and C (commercial) zoning districts, are subject to the reduced minimum land area per use afforded by this section.”

In July, the planning commission voted to recommend that county commissioners endorse William Meagher’s request to amend the Deep Creek Watershed Zoning Ordinance to add a new category of use for boat rentals not offering any services associated with a marina with certain modifications. The modifications include restricting boat rental use to the town center zoning district and that the use should only be permitted on lakefront properties with a minimum 200 feet measured at the Penelec line, irrespective of whether the lot is grandfathered in under the zoning ordinance, according to Pagenhardt.

Per Meagher’s request, boat rental usage would be permitted in the commercial and town center zoning districts; would be permitted by special exception in the town residential, commercial resort 1 and 2 zoning districts; and not permitted in any other zoning district. Boat rentals or sales would require a minimum land area of 10,000 square feet in any zoning district where permitted, except where the zoning ordinance requires 6,000 square feet per use and shopping centers.

However, during the meeting Tuesday, with Gatto recusing himself, Commissioner Gregan Crawford made a motion to approve Meagher’s request including adding a new category of use for boat rentals including boat rides and/or boat tours as a separate service business and not offering any other services associated with a marina. Crawford’s motion died for lack of a second and therefore ended the pursuit and consideration of Meagher’s request for amendments to the zoning ordinance, according to Pagenhardt.

After final review of text amendments to the zoning ordinance, the commissioners discussed recreational uses of Deep Creek Lake and discussed the nature of zoning within the lake’s watershed. Commissioners raised the concept of special exceptions, according to Pagenhardt. Crawford then entered a motion to send the matter of text amendments back to the planning commission for consideration and review of context for potential use as a special exemption. Gatto and Crawford voted in favor of the motion and Commissioner Jim Raley voted against it.

“Deep Creek Lake is a recreational area and given its nature is subject to competing demands,” says a position statement made by Crawford and Gatto. “The public has expressed concern that there has not been sufficient public discussion and consideration of issues relating to recreational uses and the board is simply responding to that concern and are asking the planning commission for their input, nothing more.”

The planning commission will now be charged with deciding whether to approve, disapprove or take no action and table the special exception.

“The special exception action approved by the board is now solely at the jurisdiction of the planning commission as to whether or not this commission would include such a use and whether or not they would take the subject under advisement,” says the statement.

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Jay Ferguson

Who I Am My name is Jay Ferguson, and I am a lifelong resident of the Deep Creek Lake area. I am also co-owner of the real estate side of Taylor Made. I have been in the real estate business for 21+ years now and I LOVE what I do! I have to say, my career really took off when I co-founded the real estate side of Taylor Made in 2014. Its been an amazing experience, building a real estate company from the ground up and achieving so much so quickly! In August 2016, we purchased Long & Foster Real Estate Deep Creek, where I had started my career in 2000. In 2018, we on-boarded virtually every agent from Coldwell Banker Deep Creek Realty as they closed up shop and the real estate family grew even more! We now have over 40 sales agents and have expanded to West Virginia and Pennsylvania, as well. Taylor Made is the #1 vacation rental company at Deep Creek with over 475 vacation rental homes, and over one hundred thousand yearly visitors. Its amazing what we have accomplished using the principles of honesty, teamwork and customer service! Personally, my wife Jessica and I enjoy traveling and especially spending time in the outdoors, hiking and exploring the many diverse areas that Garrett County is naturally blessed with. We have raised two wonderful children here, Kayleah (22) and Noah (13). In the summer, we love spending time on the water with friends & family and enjoying the lake life! We are both active in our church, our community & local school activities, and we fill our schedule with plenty of volunteer efforts. I currently serve on the board of directors for Habitat for Humanity. I am proud to say that I was named Deep Creek Time’s Favorite ‘Community Champion’ in 2019. I was also named Garrett County Realtor of the Year in 2018-19, as well. I really enjoy promoting my hometown. I am very proud of the resort area that has developed over my lifetime and look forward to growing the area even more! Deep Creek Lake has been described as ‘The Lake Tahoe of the east', and I think that speaks volumes about the potential to own property here! Deep Creek Lake isn't really a town or city by itself; it's comprised of three towns: Oakland, Swanton & McHenry, Maryland. I am very passionate about my hometown and am impressed with how many people know about it as we travel around the country. Deep Creek Lake is an amazing place to visit and even better place to live! During the pandemic in 2020, our market exploded and more and more people left their primary residence in the city to live here permanently. With distance learning in schools and tele-commuting becoming the ‘norm’, many more people were drawn to the area to ‘live where they love to play’. Why You Want Me Working for You: In addition to being an owner, I am consistently one of the top-producing agents in the entire area and the Associate Broker of record for Taylor-Made Deep Creek Vacations & Sales. I have 21+ years of experience and I am a problem solver. There aren’t many situations that I have not encountered and I have a strategy for almost every scenario that you may encounter. I have extensively trained in all areas of real estate & emerging technologies, and also have trained as an appraiser, as well as served as a full-time Broker. I have a strong knowledge of the industry, as well as many trusted local contacts & affiliations that allow me to perform at a very high level and deliver results. I have a great deal of respect for my peers in this industry and have strong working relationships that I would love to put to work for you. Call me to discuss your situation - I know I can be of great service to you & others you care about! Honesty. Integrity. Results.