Metropolitan Board of Zoning Appeals Division I Meeting - November 14, 2023
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Metropolitan Board of Zoning Appeals Division I Meeting - November 14, 2023
The Metropolitan Board of Zoning Appeals Division I held a public hearing on November 14, 2023, at 1:00 PM in the Public Assembly Room of the City-County Building. Chairperson Peter Nelson presided, with board members David Duncan, Andrew Cotona, Patrice Ducket Brown, and Jennifer Witt. The board considered multiple variance petitions, including continuances, expedited cases, and public hearings. Decisions were made on automobile sales/repair, construction contractor storage, and residential development projects.
Special Requests & Continuances
- Six petitions were continued: 2023-UV1-023 (Enterprise Leasing) transferred to Division II on December 12; 2023-AP1-001 (Deloss Street) automatic continuance acknowledged; 2023-UV1-021 (Rockville Road) continued to December 5 with notice; 2023-DV1-048 (Biltmore Avenue) continued to December 5 without notice; 2023-DV1-054 (44th Street) continued to January 2, 2024 without notice. 2023-UV1-024 (Sherman Drive) was moved to the expedited docket upon petitioner request and staff support.
Public Comments & Testimony
- Tabitha Grab (4613 West Naomi Street) spoke regarding expedited case 2023-DV1-020 (Caven Street), conditionally withdrawing opposition pending relocation of a gas meter and bollards to the rear of 4622 West Caven Street. The petitioner agreed.
- Carol Barker (representing Rockville High School Girls School Neighborhood Association) spoke during continuance of 2023-UV1-021, expressing concern that the petitioner intended to lease the entire property without owner occupancy, which would violate zoning rules for secondary dwelling units.
- Over 96 letters of support from neighbors, along with letters from State Senator Aaron Freeman and State Representative Mike Speedy, were submitted for 2023-UV1-025 (Maze Road).
Discussion Items
- 2023-UV1-019 (Roys Towing) – 2994 North Arlington Avenue: Petitioner David Dearing requested variances for auto sales/repair and a six-foot chain link fence in front yards. Staff recommended approval of the use but denial of the fence variance, citing safety and zoning compliance. Petitioner argued the fence is needed for security and has existed for 30 years. The board approved the full request.
- 2023-UV1-025 (Michael & Nicole Cole) – 11150 Maze Road: Petitioner requested a use variance to park up to 11 commercial vehicles (dump trucks, trailers, pickups) for a concrete contracting business. Staff recommended denial, citing incompatibility with the D-A rural residential zoning and comprehensive plan. Petitioner presented extensive community support and commitments: no other business operations on site, termination upon sale, and hours of operation (pickup 7–8 AM, drop-off by 7–8 PM or one hour before dusk, Monday–Friday, with a winter shutdown). The board approved with these commitments.
Key Outcomes
- Approved – 2023-DV1-020 (Project 65 LLC): Variance for 11 single-family lots with reduced setbacks and garage width limits. Approved unanimously (5-0) as part of expedited docket with commitment to move gas meter to rear of 4622 West Caven Street.
- Approved – 2023-UV1-022 (Adriano Montas): Variance to legalize existing residential use and detached garage in C-3/SU-9 district. Approved unanimously (5-0) on expedited docket; continued for adoption of revised findings of fact.
- Approved – 2023-UV1-024 (Vivian Randolph): Variance for commercial garden, food processing center, and eating establishment at 3348 North Sherman Drive. Approved unanimously (5-0) on expedited docket; continued for adoption of revised findings of fact.
- Approved – 2023-UV1-019 (Roys Towing): Variance for auto sales/repair and six-foot fence. Approved unanimously (5-0) after rebuttal; continued for adoption of revised findings of fact.
- Approved – 2023-UV1-025 (Michael & Nicole Cole): Variance for parking 11 commercial vehicles with commitments including vehicle type, hours, and termination upon sale. Approved unanimously (5-0); continued for adoption of revised findings of fact.
- Adoption of Findings: The board adopted revised findings of fact for petition 2023-DV1-024B (from October hearing) and negative findings for 2022-UV1-007.
Meeting Transcript
Good afternoon. I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Chairperson of Division One. The other board members present are on my left, David Duncan, and on my right, Andrew Cotona and Patrice Ducket Brown. We may also have Jennifer Witt, who, if you see someone else coming up, that's probably who it is. Definitely if I let her vote on things. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neilla, Principal Planner 2. Robert Ulinake, Senior Planner, Marlene Arahetta, Senior Planner, Alison Richardson, Senior Planner, Brandon Badger, Senior Planner, Noah Stern, Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators and str interested in that particular case will please stand. Those who intend to testify will remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentations of evidence statements and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal, evidence, and a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with the conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with these conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? All right, seeing none, uh before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote on all expedited petitions and adopt their findings of fact without additional testimony from the individual petitioners. Is there a motion from the board? Duncan, so moved. And a second. Witt so moved. Motion and a second, calling for a vote. Duncan. Duncan, yes. Witt. Yes.
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