Panel Says House Is Over the Line

In March, the county's Board of Appeals, a part-time citizens panel that reviews zoning and building disputes, ruled against the Duffys, saying their house is seven feet too close to the street and two feet too close to the Mayer-Hamilton property line. The board found no factors that would allow it to issue the Duffys a variance to keep the house where it is.

Mayer said she was relieved after that ruling. "I thought this was over," she said. But Marianne Duffy launched a public relations effort to win a reversal of the board's ruling.

Duffy gave interviews to media outlets, saying the house is in the same place as before -- just taller in front and with an addition on the back. She recently planted a sign on the front lawn with a photo of the couple's two young daughters, urging neighbors to support their effort to complete the work and move in. She has spoken with county officials, members of the County Council and neighbors. She has begun a petition drive and collected 60 signatures from people who say the Duffys should be able to finish their house. She pleaded yesterday with the Board of Appeals to consider the effect on her family. "No one should have to endure what our family has suffered this past year," she said.

While upholding its earlier decision, the board yesterday accepted new data from the Duffys showing that the front of the house is 1.7 feet -- not seven feet -- too close to the street. The ruling did not address the Department of Permitting Services' actions in issuing and then revoking the Duffys' permits. The board will consider that issue in a separate proceeding this fall.

Neighbors say the issue could be resolved if the Duffys would make architectural changes by moving walls and pouring a new foundation. The neighbors said they felt compelled to pursue the case even though they feel sorry for the Duffys. Their fear is that other homeowners would follow a precedent set by the Duffy house.

"This is the slipperiest of slopes I have ever seen," Eig said.

The Duffys say their neighbors' prominence has influenced the case. They also say they have been treated differently from big builders. Marianne Duffy said that at Clarksburg Town Center, where homes were deemed too tall and too close the street, the developer and builders have been allowed to go to mediation. In Silver Spring, builder Ryan Homes paid fines to the Planning Board because some houses were too tall. In neither case were builders required to move a house.

"We are literally being made homeless," she said. "It's not in the public policy interest of Montgomery County to have this situation occurring with my family."

A statement issued in March by the Department of Permitting Services came from the office of County Executive Douglas M. Duncan, noting the ruling against the Duffys but saying the county would work with them. County Attorney Charles Thompson has met with both sides to try to get them to settle their differences out of public view. So far, no takers.