A Baltimore County zoning commissioner has quashed a landlord's plan to rent his Aigburth Village house to more tenants than allowed by zoning regulations.

The ruling, issued last month, comes as a relief to leaders of the communities surrounding Towson University, who feared if the owner of the property had succeeded, others would follow suit.

"We're very pleased," said Paul Hartman, president of the Aigburth Village Community Association. "The consequences, if it had been approved, would have been detrimental to all the communities around the university with rental properties.

"It could have started a domino effect," he said.

The case involved an 18,498-square-foot house at 115 Burke Ave., owned by Wayne Krell and his wife, Lisa.

In October 2008, the Krells were ordered to pay a civil penalty of $3,000 for failing to cease operation of a rooming house/boarding house, but the penalty was to be suspended if the Krells reverted the dwelling to single-family status -- with no more than two unrelated adults -- on or before March 2009.

The four-bedroom house was vacant by June of this year, Krell said at an Oct. 2 hearing.

Still, he sought a permit to allow the rental status to resume. Krell said he had been unaware of laws limiting occupancy to two unrelated tenants if the owner doesn't live on the premises, and noted that the house had been in the family since 1985 and had been rented to more than two tenants.

As of the hearing date it was up for rent for $1,700, no matter how many tenants are involved, he said. Splitting the rent would simply make it a cheaper alternative for TU students.

But Deputy Zoning Commissioner Thomas Bostwick denied the request in his ruling of Oct. 15.

"I do not believe that the Krells as absentee landlords would act with complete disregard for the effects their property would have on the surrounding community," Bostwick said. "But it doesn't meet the requirements ... of the law."

Bostwick cited concerns regarding congestion on roads, streets or alleys as major concerns of opponents and the county Office of Planning. There would be at least four cars on the property and even more to accommodate friends and other visitors, he said.

Bostwick said the opposition raised legitimate concerns about children, noise and increased amounts of trash.

"Based on testimony and letters, I find this request would adversely impact the health, safety and general welfare of this community," he wrote.

But even in his ruling against the plan, Bostwick acknowledged that "the case raises a legitimate ongoing issue concerning the increase in enrollment at Towson University and the lack of housing available to students."

The Krells have 30 days from Oct. 15 to file an appeal. Asked if he planned to appeal, Krell declined to comment.

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