Good evening.

My name is Alan Frankel, and I am the chair of the City of Rockville Board of Appeals, and I welcome you to Board of Appeals meeting.

We are both live here in the Mayor and Council's chambers, and we are also online as well as being broadcast on Channel 11.

This is meeting 3-2025.

And with me today are my other Board of Appeals members, Roy Deutschman, Jimmy Hauer.

Also in the chambers with me today are Jim Waslick, the Chief of Zoning, Nicholas Dumay, our senior assistant city attorney, and Chris Davis, our planner.

If you intend to participate through WebEx online, there are rules that have been promulgated for appearing online, and it is presumed that you are aware of those rules.

Mr.

Davis, are you ready?

Yes, Mr.

Chair.

Thank you.

Mr.

Waslick, would you please swear in uh Mr.

Davis?

Yes, I will.

If you could identify yourself for the record.

Uh Christopher Davis Community Planning and Development Services.

And will you provide truthful testimony this evening?

I will.

Thank you.

You may proceed.

Thank you.

Can I bring up the presentation here?

Okay, here we go.

So thank you, Mr.

Chair and members of the board.

As Mr.

Wassleck indicated, this is a variance application for the property at 721 Mapleton Road.

As you can see from the aerials shown on the screen, the subject property is 721 Mapleton Road.

It's located at the terminus of Mapleton Road and its intersection with Joseph Street.

This site is located in the East Rockville planning area.

It has a land use designation of single family residential detached, and it's located in the R60 zone, which corresponds with the city's uh mostly single family uh zoning district.

The specific request by the applicant this evening is a zoning variance from the side yard setback requirements for the purposes of enclosing an existing uh screen to porch uh to the western side of the bill uh of the existing dwelling.

Um you can see the proposed site plan here on the screen.

The area outlined in red is the area that uh occupies the current uh uh screen porch that the applicant will basically like to enclose.

Um the overall footprint will remain the same, uh, but it'll just be completed with finished material for interior living space.

Um as you can see, also on the site plan, the site is encumbered by a 10-foot-wide reservation for water and sewer.

Um, and as we go through the findings, um, that impacts the uh uh possible improvements that can be made on the property.

Um so staff's overall recommendation for the variants is approval with conditions.

Here you can see an image, uh a street view image of the property from Mapleton Raid.

Um as you can see, it's improved with the two-story dwelling.

Um the area uh sorry, area outlined uh just to the uh right of the screen is the screen porch, um, which will basically uh remain in footprint, but again be in closed.

Um there are additional improvements proposed to the property, but not subject to the variants, including uh an addition to the rear of the property for further living area.

But those uh proposed improvements are will be done in compliance with the code.

So here you can see uh a few images uh to the screen left.

You can see the detailed floor plan.

Um to the left of the screen, uh the uh enclosed porch will be improved with a front entry mudroom to allow for transition from the front driveway to uh the front of the dwelling, as well as an additional uh bedroom area uh to the south of that enclosed uh space.

Um the images to the right uh depict the proposed elevations.

Um the image to the on the top right is the front elevation, and the image to the lower right is the side elevation.

As you can see, the materials will mimic the current um aesthetics of the building with a combination of brick and vinyl uh siding uh to be consistent with the rest of the dwelling.

So moving on to the specific zoning uh issues and requests.

Uh so again, the minimum required side yard um in the R6D zone is eight feet.

The applicant is requesting a uh side yard setback of five feet, which would equate to a variance of three feet to enclose that screen porch area.

In staff's review of this application, uh, it has been found that the request does satisfy the requirements for granting a variance.

Um, number one being that it would not be contrary to the public interest.

Um, through staff review, uh it's found that uh the maintaining the existing footprint and similar messing will not have any uh adverse impacts to the neighboring properties.

Um furthermore, in uh uh posting of review of this application, staff did not receive any letters of opposition, and the uh adjacent property owner did provide a written testimony of support for this application.

Uh finding two, staff did find that the requested variance is due to conditions peculiar to the property and not the result of actions by the property owner.

Um specifically the presence of that 10-foot wide uh reservation area limits the areas on the property where improvements could be made.

Uh furthermore, the property is uh narrowing or a wedge shape, which uh creates a unique building envelope where improvements can be made, which is a unique condition as compared to neighboring properties.

Um in statute review, we found that the combination of these factors does constitute unique conditions that are uh characteristic of the property and not due to any actions of the owner.

For finding three, um we found that the literal enforcement of the ordinance would create a practical difficulty for the owner.

Specifically, the improvements proposed would be within the building footprint, and if they wanted to uh improve the property uh with similar improvements in other locations, um it would incorporate a needing to expand the building footprint, um, increase uh potential uh other requirements such as impervious surface and also be uh opposite to the function and use of the property.

Um furthermore, uh making those improvements within the existing building footprint helps to with the function and use of the property and would allow for an addition similar to others that have been made in the neighborhood.

And finally, finding four, uh, that the granting of the variance would not be inconsistent with the purposes of the zoning ordinance.

Uh staff has found that this particular request is uh due to specific site characteristics in order to make uh the proposed physical improvements and that through making such improvements it would enhance livability and residential use of the property as anticipated by the zoning ordinance.

So having found that the uh necessary findings have been met, staff does recommend approval of the requested variants subject to the findings and conditions in the staff report, and uh we have a recommended motion should the board uh decide to move forward.

And uh we have a recommended motion should the board uh decide to move forward.

Uh with that that concludes staff's presentation.

Happy to answer any questions you may have.

Thank you so much, Mr.

Davis.

Mr.

Deutschman.

I'm just wondering if you're not going to be able to do that.

And please, I'm just wondering what is the dividing line between enclosing the porch and making it part of the resident itself.

Is it the kind of exterior materials and are there still screens or but what what where is that dividing line?

Uh to just make it uh enclosed porch.

Yes, uh I believe in Ms.

Rossell I can expand um if necessary.

Um our typical uh review of these type of of applications come to livable area, so any uh permanent enclosure that would allow for uh 12-month uh uh occupation of that space uh as a livable space kind of is the dividing line.

So it's still if it still leaves a lot of screens, it stays a porch.

Correct.

Okay, thanks.

Yeah.

Any other questions from Mr.

Davis?

Thank you, Mr.

Davis.

Uh Mr.

Welsley, it appears that the applicant mic, please.

Oh, sorry.

Uh Mr.

Waslick, it appears that the applicant Andrea Ware is online.

If we could yes, that is correct, Mr.

Chair.

Okay, let's see if we can see Ms.

Sware.

Hi, I'm I'm here.

Do you need me to I'll I'll turn my video on.

That would be helpful.

Thank you.

Hi.

Okay.

Can you okay?

Miss Ms.

Ware, um, you you now have the opportunity, uh, once you have been sworn to discuss anything you want about this proposed variance.

So do you have anything you would like to add?

Uh no, I actually think Chris Chris's presentation covered uh everything that we're hoping to accomplish, just to basically make that existing envelope, you know, year-round usable interior space.

So okay.

Yeah.

Um anybody have any questions for Ms.

Sware?

And if so, we'll have her sworn.

No questions.

Thank you very much, Ms.

Sware.

Um, Mr.

Waslick, other than the um the letter we received from Scott A.

Cole, the next door neighbor.

Do we have any other um information or people online who would like to speak on behalf of this variance?

Uh we do not.

And um I see nobody uh in the gallery here.

Uh, do we have any uh body online or any information about anybody who would like to speak against the variants?

No, we do not.

Um as a result of this, I will deem that the public hearing is now closed, and the board of appeals will now deliberate.

Any thoughts, gentlemen?

Well, I think it is an odd-shaped property, it gives them use.

Uh the footprints already used, and uh it seems uh very reasonable request.

Mr.

Howard?

Mr.

Chair, I concur once again, Mr.

Davis, phenomenal report.

Thank you for the graphics and the pictures.

Uh, it really helps just tell the story, and uh I agree with Mr.

Deutschman.

And I also agree um that all this is is taking the existing porch and turning it into um habitable living space with no changes to the footprint.

Um I believe that this is a uh a variance that should be approved.

Do we have a motion for approval?

Just one correction.

It's not really habitable living, because if you live in it all 12 months, then it's different.

So I think what we got for the definition, it still has to be something not used 12 months.

Okay.

Is that correct?

Okay.

Then I believe that this variance to turn this porch into a part of the living space of the home should be approved.

And the chair would entertain a motion for that purpose.

Mr.

Chair, I move that the Board of Appeals approve variance application 2026-181-VAR to allow a side yard setback of five feet in lieu of the required eight feet, a three-foot variance for the enclosure of an existing screen porch subject to the findings and conditions in the staff's report.

Do we have a second?

I second the motion.

All those in favor signify by saying aye.

Aye.

Aye.

Um the motion is passed.

The variance is granted.

Thank you very much, Ms.

Ware, and good luck with your project.

Thank you so much.

I appreciate it.

Okay, we don't have any other hearings today, but we do have a little bit of other business.

Um has everybody had a chance to review the minutes from the July 16th meeting?

Yes.

Yes.

Okay, are there any changes or additions that need to be made or corrections that need to be made to those minutes?

No, I think they were well prepared.

Okay, then the chair would entertain a motion to approve the minutes of the July 16th, 2025 meeting.

Um as presented.

Okay, I'll make a motion to approve the July 16th 2025 minutes as presented.

My second.

All those in favor signify by saying aye.

Aye.

Aye.

No, the uh minutes of the July 16th meeting are approved as presented.

Um, has everybody had an opportunity to take a look at the list of um meeting dates, assuming there's only have any business?

Um does anybody have any problems with any of those dates?

Not at this time, Mr.

Chair.

Same thing.

Okay, and I've already indicated to Mr.

Waslick that they're fine with me.

Do we have any other business this evening?

The other business item, of course, is the election of a chair for next year.

And I also have uh since we're uh fairly short on time, I can give you an orientation on the new draft zoning ordinance uh if you'd like.

That would be fine.

Let's take care of the new chair.

Does anybody want to be chair this coming year?

I nominate that you continue as chair.

I second.

I'm just gonna be chair for life.

Um all those in favor signify by saying aye.

Aye.

Any opposed?

One abstention.

Um, I will serve as chair for another year.

Hopefully, it'll be a busier year.

It's a pretty boring year.

Okay, Mr.

Waslick, if you would like to give us at least a brief overview of the new zoning ordinance that will be forthcoming.

So at least we believe will be forthcoming.

Uh thank you, Mr.

Chair.

Hang on just a moment.

So I did want to give you uh basically an orientation to the draft zoning ordinance and the materials that are available uh for public review.

Um we've had a major milestone uh with the mayor and council authorizing the filing of a zoning text amendment and a comprehensive map amendment application that occurred on December 1st.

So we actually have a draft, we have draft documents that are available uh for public review at this time.

Yes, and I will I will outline how you can do that.

So uh tonight I just want to go over the adoption process.

Uh, we have a relatively accelerated timeline, and I wanted to go over that and then go over the uh the draft zoning ordinance, draft zoning map, and uh provide an opportunity for questions.

So this is um I wouldn't say it's the culmination because we're not there yet, but uh we are getting toward the end of the process that began about two years ago with the project kickoff of the zoning ordinance rewrite.

Uh as you know, we had a consultant team that assisted staff in drafting the code, and uh they outlined a process and in phases, and uh what you see in dark blue are the phases that they did, which um they took a look at our zoning ordinance and made some recommend our current zoning ordinance and made recommendations.

And what you see in dark blue are the phases that they did, which they took a look at our zoning ordinance and made some recommend our current zoning ordinance and made recommendations.

That's called the diagnose phase.

And then there was a phase called calibrate, which they looked at kind of basic zoning regulations and then the drafting phase, which we just come through where the code was drafted with the team of Holly Simmons, who was not present this evening, Mr.

Dumay, and also our consultant team.

And we actually had an extensive staff team that reviewed the draft as we were going through across departments and within our own department.

So it was a major effort to get to this point.

And the mayor and council considered the draft that we presented on both the text and the map on December 1st.

They outlined some issues that they have with the zoning ordinance and map that they we will be bringing back to them for discussion.

And but they did authorize the filing of both documents.

So that begins the public process of adoption, we hope, which will occur in January, hopefully on June 1st.

So we have about a six-month timeline to receive a recommendation from the planning commission.

We started that off with a briefing last week for them.

They will be holding public hearings and conducting work sessions.

Being that this is a text amendment and map amendment, that is the process that's specified in the code.

And then the mayor and council, of course, will have their own set of public hearings and work sessions resulting in the draft uh zoning ordinance and zoning map.

And again, we're hoping to conclude in early spring uh around June of 2026.

Jim, does the code uh previously or now going forward contain any unique sections that were only found relevant to Rockville and not other municipalities?

Do we have any unique sections?

Uh that is a good question.

I'm not sure.

I don't know, can you think of anything?

Uh outside of the zone, I mean, I would say that the current ordinance and the proposed ordinance does include a number of strategies that Rockville has used that are somewhat unique, for example, our plan development zones or you know, some of the uh zoning tools that we've used, uh the zones themselves, for example, that are unique to Rockville, but are not, you know, that are they're basically unique iterations of tools that other jurisdictions have used many times.

Um I can't think of anything like Mr.

Wassleck that would be so unique to the city that we could point out and say really no other jurisdictions have done this.

Thank you.

So again, on the adoption process, it starts with authorization to file, which has occurred, and then moving through planning commission, mayor and council.

Uh we're also engaging with uh any board and commission uh that wishes to uh receive a presentation and review the document and provide a recommendation to the mayor and council.

Um so we expect that there will be a number of revisions and amendments to the draft uh as as all the folks are reviewing the document.

Uh so this is again not a final version of the document, but it's rather an iterative process, and uh we'll be making changes as we move through and hopefully resulting in uh the final document in spring.

Uh this is our uh adoption schedule, which is um relatively accelerated as you can see.

The planning commission will be having public hearings in January and then work sessions in January and February, resulting in their recommendation to the mayor and council, and mayor and council will have their public hearings in April and uh work sessions following that and resulting in the adoption on June 1st.

So we'll be quite busy over the uh over the next six months to make this happen.

So, how you can access the materials online is through the Engage Rockville site.

And uh we have two feedback forums set up, one for the zoning ordinance rewrite or ZOR, and one for the comprehensive map amendment.

We have also uh scheduled, well, we've held one and we have one to go, which is a community orientation meeting similar to the presentation that I'm giving you now, uh, so that anyone who wants to review documents is able to do that, and we provide them with uh access to the information that they need.

So the materials that are available regarding the zoning ordinance.

There's one document that's called highlights, and that is kind of a jumping off point.

And rather than getting into the almost 300 page zoning ordinance, this is a much distilled look at differences between the current code and the new code.

So if you're interested in that aspect of it, this is the document you want to want to look at.

We did add some synopsis of the mayor and council's direction.

They had several work sessions uh during 2025, and we have added that to the document based on their direction on December 1st.

And we have posted that uh on Engage Rockville.

Uh I will say that it does not include all details of the staff draft ordinance, but like I said, it's kind of an introduction or uh jumping off point for for the document itself.

And of course, table of contents and the draft zoning ordinance itself.

There's also a community engagement summary uh which outlines uh the work that we've done with the community leading up to this point and all the outreach that took place.

So the mayor and council uh gave us some topics that they would like to include in their work sessions.

Uh you know that the zoning ordinance is the text and the map amendment is the zoning map, and there are proposed rezonings uh that were recommended in the comprehensive plan, and the draft uh map amendment includes those.

There are a couple that uh have uh generated some comment from the community, and so the mayor and council have directed us to bring those two back to them at work sessions.

One is in the Montrose neighborhood.

Um there's a proposed rezoning of the uh Rollins Park Apartments and Congressional Towers apartments, uh which is adjacent to that community.

Uh the recommendation in the comp plan is to develop a high density residential zone that would rezone all of that property.

And so um we're kind of working through the details of that.

We've made a recommendation, and um so the mayor and council want to uh discuss uh the recommendation.

And then Newmark Commons, uh, there is an undeveloped property that is adjacent to that community, uh, formerly a school site that was never used.

Uh the comp plan recommends an upzoning from R90 to RMD 25, and there's uh been a lot of concern from that community that that is too dense and incompatible with that neighborhood, although that is a direct recommendation of the comprehensive plan.

So those two rezonings uh will be one of the top, there'll be topics that we'll be discussing with the council.

Uh others include fencing and specifically deer mesh, um, which is uh probably if you're living in Rockville neighborhoods, you have seen or used those yourself and just be clear on the regulations uh that apply to Deermesh, because um I think to be effective, they probably need to be uh eight feet or six feet minimum, if not eight feet.

And so we want to make clear to our residents uh what they're permitted to do.

Um other topics include nonconformities and how those will be treated by the new code moving forward, um, how solar canopies are implemented over um parking areas or other areas of the city, um, whether our notification requirements uh are sufficient because we are proposing some changes to that, and um also uh ensuring that because one of the thrusts of the code is to have more administrative approvals of development applications, making sure that the public is still aware of those uh applications as those decisions are made.

Um other issues that the council brought up are whether locational requirements for adult-oriented establishments and shooting galleries are needed, uh whether the why we are retaining some use-based gross floor area restrictions, and that is uh in some of our zones.

Certain uses have a restriction of floor area maximums, and um just thought that maybe that's not appropriate any longer.

Um, we want to make sure that the ADU requirements that are in the code are consistent and appropriate.

Um the final issue was the length of time for submitting appeals, uh which in the code is is 15 days.

And there were some thought maybe that was not sufficient.

So we will be bringing back all of those issues and make a recommendations both to the planning commission and mayor and council.

Uh the commission raised some issues of their own when we presented last week, and those include uh our new parking standards, our new um public use space standards, which are now called amenity requirements, and um I think there were some other landscaping issues as well.

So we will be discussing all of the council issues and the planning commission's issues uh as we get into work sessions with the commission.

So, as I mentioned earlier, there is a feedback form for the zoning ordinance.

You can use this QR code, or uh you can get to it from the engage Rockville site.

So the draft zoning map uh is uh basically replacing the city's current zoning map, although most properties in the city will not be rezoned.

Uh we'll be confirming the zones that already exist by and large, although uh based on the town center master plan and the comprehensive plan, which both both recommended uh specific rezonings that this incorporates those uh recommended rezonings.

So uh I know all of you have seen our zoning map.

This is the overall city zoning map, and um this is the kind of tax map related grid that allows for a detailed review uh of the zone that each property is located within.

Um this is kind of the static display and has been our official zoning map for a number of years.

Uh, but to uh kind of have a better way to uh review the zoning changes.

Um our research team developed an interactive zoning map uh that is posted on the engage Rockville site, and I will show that to you uh hopefully in just a moment.

But it allows you to toggle uh left or right to show the current versus the proposed zoning side by side again, feedback form for the zoning map.

Uh specifically, you can use the QR code or the form that's online and be happy to take any questions.

But before I do, uh I want to show you that interactive zoning map.

I just need to go to the website.

So again, this is on the Engage Rockfell site.

Uh if you bring the slider all the way over to the left, that shows the proposed zoning map.

Um as it is in the proposed draft, and then if you slide it to the right, you can see what the existing zoning map is.

It's probably most apparent.

Um, if you look at the uh the Veers Mill Road corridor, which starts right about town center, which is right in the middle, and then heads uh toward the east, you can see that the zone changes under the proposed zoning map because the um BRT or bus rapid transit is proposed uh between Wheaton and Rockville, and um accordingly the zoning map recommends an upzoning along that corridor.

So the zone uh changes there.

Town center is another area that if you zoom in, then you can see how the um how the changes are shown.

See if I can do this.

So this is the current zoning map.

We have um our regular zones MXTD, MXCD, and the plan developments, and if you slide uh to the proposed zoning map, um you can see the zones as they are proposed and recommended in the town center plan.

Um so they're all very the three new zones are variations of the MXTD zone with different heights, and uh the plant planned development zones uh like town square will be be retained.

So, as you can see, most zones are being retained, but just a few uh areas mainly related to our transit infrastructure where the thought was we need some additional housing in those areas, and so the um zones are proposed to allow for that.

So, with that, um I'd be happy to answer any questions that you have.

I just I just have one uh procedural one.

If someone uh is told they need a variance in May and it doesn't get in front of us till after the code is adopted, uh is it clear the new code would then apply um because that's what's in effect, and you don't go grandfathered back to the old code.

I think that's how we've uh set it up, but that's how it would work.

Okay, thank you.

Other than the changes in zoning of a particular piece of property, are there any changes that affect the Board of Appeals directly?

Yes.

Uh probably the biggest thing is the number of special exceptions that are in the current code are going to be significantly reduced.

Um I don't have the exact numbers, but I think they're gonna be about 10 special exception uses remaining.

So although you haven't seen many special exceptions over the last few years, um probably will be seeing less uh in the coming years.

I will say that the development standards, particularly in the residential zones, are not changing appreciably.

So similar variances uh that you see probably will be still be coming forward.

Is there anything in the new code the new code, particularly uh the matters dealing with fencing and deer fencing that will supersede homeowners association regulations?

I make sure I understand.

I mean, our homeowner association riggs can be more stringent than the cities, but um I just want to make sure that there's nothing in here that says this regulation now supersedes a similar um design that your homeowners association may have.

No, there is nothing like that in the code.

Okay.

So the fact that you may have deer fencing out here in the city doesn't mean we have to have deer fencing of the similar type infalls me.

Okay, and Jim, when was our last major zoning uh undertaken?

So though the current code was adopted in uh December of 2008, and we had a 90-day effective date there.

So March of 2009 uh was when it became effective.

Prior to that, the zoning ordinance had not been rewritten uh since 1975.

So it was due.

Yes, absolutely.

We had a new comprehensive plan that made significant zoning recommendations.

So the time was right uh to to rewrite.

Okay.

Well, thank you very much.

That was a wonderful presentation, and I'll look forward to going to engage Rockville and taking a look at it.

And I would say if the board wants to make recommendations as a board, uh, we can do that you know at a meeting, or if you want to make recommendations as individuals, that's certainly fine as well.

So once you take a look at the documents, just let me know.

Thank you.

Anyone else?

Then I believe we are done with business this evening.

Um I would make a motion uh to move to adjourn this meeting.

Um request the second.

Second.

All those in favor signify by saying aye.

Aye.

Any opposed?

This meeting is adjourned until the next meeting where we have business to conduct.

And thank you all for being here this evening and uh wish you happy holidays and a very, very happy new year.