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Accused Developer To Pay $276,750
Ryan Homes is selling the 59 units in Seaton Square in Montgomery County's White Oak neighborhood for as much as $600,000 each. A preliminary county review showed that the homes were too tall and too close to rear neighbors.
(By Robert A. Reeder -- The Washington Post)
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The settlement occurred at the tail end of a 4 1/2 -hour hearing that included a high-stakes political bargaining session in which two of Ryan's attorneys, Kevin Kennedy and Tim Dugan, hinted that the company would sue if the Planning Board did not agree to the company's proposal.
Most of the homes in the development, near Route 29 and Lockwood Drive, are taller than 35 feet and might be as high as 39 feet, county data show.
Almost all of the townhouses have been purchased and are occupied, and the settlement will not force owners whose townhouses exceed the height limit to alter them.
Commissioner Meredith Wellington cast the only dissenting vote, saying the board should have decided whether Ryan broke the rules before agreeing to accept any payments.
Wellington's comments echoed the view of the Planning Board's staff, which in a 23-page report recommended that the board find that the company had violated height limits.
"The development community in general, and Ryan Homes in specific, has not paid close attention to the development standards set by the Board at the time of approval," the report said.
The staff also blamed county inspectors and planners because they failed to uncover the violations. The building plans Ryan Homes submitted to the county showed that the townhouses would be a few feet higher than the 35-foot limit.
As in many recent disputes over construction irregularities reviewed by the Planning Board, attorneys for the builder said the homes were built only after the company had obtained approvals from the planning department and building permits from the Department of Permitting Services.
But Wellington said the builder "knew or should have known or they should have found out" what the rules are.
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