Two Garrett Park residents gave compelling examples to the Land Use Task Force last week of how the town's current zoning rules are not working. One struggles to build a house on a small lot; the other is not allowed to build an awning to stop flooding in his basement. If anything is to change, it will be up to the task force to recommend the changes.

The Land Use Task Force was formed by the Town Council in January when a lawsuit and later a referendum about a single town zoning ordinance revealed disagreement among town residents about the way land use should be governed. The task force was charged with finding out what residents wanted so the council could move toward achieving it in the code.

Unfortunately, it is easy to look around town and point to things that are likable.

"But the challenge is to write regulations that get that result," task force member Kevin Pope said.

Clarity and fairness are two resident requests.

Don Gibbons, a town resident and a builder, owns two lots in town: one more than 15,000 feet and the other about 10,000 feet. At the Garrett Park Citizen's Association meeting on Oct. 28, Gibbons expressed frustration that it is more difficult to build something nice on his small lot because the town, unlike the county, does not allow for setback exceptions for elements such as awnings, bay windows or stoops.

"If we had exceptions for porches, if we had exceptions for chimneys, I think we would create a more interesting architecture in town than a three-story box," Gibbons said. He said the way setbacks are enforced in town is "frustrating" because "it is unwritten as to what we can do and cannot do."

The town ordinance does not explicitly spell out whether county-allowable setback exemptions for protrusions are excluded or included in its setback ordinance, leading to different interpretations of the rule among lawyers. The rule has long been applied in town as excluding exceptions.

The lack of clarity triggered a lawsuit by John and Elaine Martin when they were denied a building permit for their front porch based on that interpretation, and later, the ordinance was upheld in a town referendum vote.

"I can tell you as a builder who has to deal with these questions from my other customers and from my wife, clarity is important," Gibbons said.

Meanwhile, resident John Hsiao said town ordinances have prevented him for two years from getting a permit for an awning that would prevent intermittent flooding in his basement. Hsiao speculated the great tensions between residents over the issue "may really be about how the town is changing."

"I think it can't be about square feet," Hsiao said, "because how can people get so upset about having a wet basement?"

Hsiao said he believes in rules, but also dislikes "being told I can't do something."

"There was a huge amount of emotion that was evident last year," said Hsiao of the town controversy that erupted during the lawsuit and referendum. "I'm just trying to get my basement dry."

Jean Horan, wife of Town Councilman Phil Schulp, suggested the task force employ such real-life scenarios to find out what the results would be if town ordinances were changed or not.

Councilman Jack Mandel called that "a wonderful idea," but added the proviso that neighbors should be included in the case studies to give their feedback, too.

Task force member Bob Reinhardt, who at the last council meeting lobbied to adopt county exceptions on an interim basis while the task force completed its work, said the restrictive rules are tough on homeowners but sometimes protect neighbors from unwanted next-door development, too.

"We all live in a community, and striking a balance is a difficult thing to do with land use," Reinhardt said.

The task force also passed out at the meeting a survey on land use, copies of which are available at the Garrett Park Post Office, 4600 Waverly Ave. The next task force meeting will be held at 8 p.m. Nov. 19 at the Garrett Park Town Hall, 10817 Kenilworth Ave.