Maincare Services

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Silver Spring, Maryland · Montgomery County · 2022–2023

From permit denial to issued building permit — a residential carport rescued.

A homeowner had built a carport without a permit, three feet from the side property line. The County demanded compliance. We took the case from denial through a granted variance to an approved building permit — without an attorney, in under five months, in English and Spanish.

The brief

An existing structure. A County denial. A family at risk of losing what they had built.

A homeowner in Silver Spring had built a carport over their driveway without first obtaining a permit. When the County reviewed the structure, it sat three feet from the side property line; the required setback was seven feet. The permit was denied. The homeowner faced demolition or a difficult, expensive variance process — and English wasn't their first language.

Maincare took the case end-to-end. No attorney was retained. Both the homeowner and the opposing neighbor had translation under oath at the hearing, in English and Spanish, by Maincare's principal.

The pathway

Eight steps from denial to issued permit.

The variance test in Montgomery County's zoning ordinance has five elements. Each one had to be argued specifically with evidence. Then the carport had to be redesigned to comply with the granted variance, drawn up by an engineer, and resubmitted for a building permit.

1

Diagnosis

Read the denial notice and identified the precise zoning section in dispute (Montgomery County §59-4.4.9.B.2).

2

Strategy

Variance over demolition — preserve the existing structure, retrofit to comply where needed.

3

Application

Drafted a complete Justification Statement; assembled photographic evidence of the established neighborhood development pattern.

4

Hearing

Represented the petitioner before the Montgomery County Board of Appeals; testified to the neighborhood pattern; translated under oath in English and Spanish for both sides of the matter.

5

Variance granted

January 20, 2023 — effective decision of the Board of Appeals (Case A-6783).

6

Drawings

Prepared a full construction-document set with our partner Maryland-licensed Professional Engineer for structural sign-off.

7

Permit issued

March 20, 2023 — Building Permit #950925 issued by Montgomery County Department of Permitting Services, signed by the Director.

8

Outcome

The existing structure was retained, brought into full code compliance, and fully permitted. The family kept what they had built.

The proof

The permit was issued.

Montgomery County Building Permit #950925, issued March 20, 2023, by the Department of Permitting Services. Owner name and address redacted.
Building Permit #950925 — Montgomery County DPS — issued March 20, 2023. Owner name, premise address, lot/block, election district, and subdivision redacted to protect client privacy. Permit number, dates, conditions, fee, and Director's signature shown as issued.
Have a permit problem?

Permit denied? Code violation notice? Unpermitted work to legalize?

We handle the full pathway — from variance preparation to issued permit — across Maryland. Bilingual English and Spanish. Most cases resolve without an attorney.

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