Rockville Board of Appeals Meeting – May 20, 2026
Rockville Board of Appeals Meeting – May 20, 2026
The City of Rockville Board of Appeals held a public hearing on May 20, 2026, to consider two variance applications. The board also approved minutes from the previous meeting and received a brief update on the ongoing zoning ordinance rewrite. Both variances were approved with conditions.
Public Comments & Testimony
- Variance 2026-271-VAR (203 Nelson Street): No public comments were received for or against the application.
- Variance 2026-303-VAR (203 Mount Vernon Place): The neighbor and property owner, who submitted a letter of support, spoke via video in favor of the project. He stated he is a real estate appraiser and believes the garage will enhance property values for both properties.
Discussion Items
Variance 2026-271-VAR – 203 Nelson Street (Carport Addition)
- Request: A zoning variance to reduce the required side yard setback from 8 feet to 1 foot (an 85% variance) to construct an attached carport on the north side of the dwelling.
- Staff Presentation (Christopher Davis): Staff recommended approval, finding the variance not contrary to public interest, due to peculiar conditions (steep topography in rear yard, limited usable rear area), and that a literal enforcement would cause practical difficulty. The carport would occupy part of the existing driveway and be similar in scale to other carports in the neighborhood. No letters of opposition were received.
- Board Questions & Discussion: Member Deutschmann noted the large variance percentage but acknowledged similar grants in the past. Member Hauer expressed concerns about a 1‑foot side yard regarding fire safety, privacy, and drainage, and questioned whether the carport could be placed elsewhere (e.g., to the right of the gravel area) or built with a smaller setback. He noted that other houses in the neighborhood have carports set back three feet, not one foot. However, member Howard pointed out that carports are very common in this part of Woodley Gardens and often built close to property lines; historically they were permitted by right. The board also discussed whether the variance should be limited to the length of the carport, maintaining the required 8‑foot setback for the rest of the side yard.
- Applicant Testimony: Todd Handy (property owner) requested favorable consideration, stating the carport is part of a larger renovation. Valerie Frank (designer) explained that the 1‑foot setback was chosen to match the neighbor’s carport distance and to preserve existing crepe myrtle trees and shrubs. She noted the carport is open and would allow maintenance access. Regarding the width, she said the 14.6‑foot width (requiring the 7‑foot variance) was necessary for car doors, access to the house, and a family of four.
- Decision: The board voted 2‑0 (Chair Frankel abstained) to approve the variance, subject to staff recommendations and the condition that the reduced setback applies only along the length of the carport; the remainder of the side yard must maintain the 8‑foot setback.
Variance 2026-303-VAR – 203 Mount Vernon Place (Detached Garage)
- Request: Variances from the required 12‑foot side and rear yard setbacks for an accessory building to allow a 5‑foot side setback and a 3‑foot rear setback (variances of 7 feet and 9 feet, respectively) to construct a two‑car detached garage with a half‑story attic.
- Staff Presentation (Christopher Davis): Staff recommended approval, citing no opposition, a letter of support from the neighbor, and peculiar conditions (the property is one of the smallest in the Hungerford subdivision, 5% to 148% smaller than surrounding lots). A literal enforcement would cause practical difficulty, and the garage would be similar to existing structures in the neighborhood.
- Board Questions & Discussion: Member Deutschmann clarified that without the height (to allow attic storage) the structure would not require a variance for the footprint alone. Member Howard observed that the neighbor to the left already has a similar detached garage. The board briefly discussed whether the garage could be moved forward to reduce the rear setback, but concluded the proposed location was appropriate given the tight lot and the adjacent high school field.
- Applicant Testimony: Lev Rodovsky (property owner) explained that a two‑car garage with attic storage is needed because the current driveway is exposed to bird droppings from overhead wires, the street is congested with high school parking, and additional storage is required to insulate the house’s attic. The design mirrors the neighbor’s garage.
- Public Testimony: The neighbor (who submitted a letter of support) spoke online, endorsing the project as enhancing property values.
- Decision: The board voted unanimously (3‑0) to approve the variances as requested, subject to staff conditions.
Key Outcomes
- Variance 2026-271-VAR (203 Nelson Street): Approved by a vote of 2‑0 (Chair abstaining). The carport addition is granted a 7‑foot variance from the side yard setback (reducing it to 1 foot), limited to the length of the carport. The rest of the side yard must maintain the required 8‑foot setback. Construction must be in substantial accordance with the submitted plans.
- Variance 2026-303-VAR (203 Mount Vernon Place): Approved unanimously (3‑0). The detached garage is granted a 7‑foot side yard variance (to a 5‑foot setback) and a 9‑foot rear yard variance (to a 3‑foot setback), subject to staff conditions.
- Approval of Minutes: The minutes of the April 15, 2026 meeting were approved unanimously.
- Zoning Ordinance Update: Mr. Waslick reported that the Mayor and Council have scheduled one more work session on June 1, 2026, with adoption set for June 29, 2026. A briefing for the Board of Appeals on the new code (approximately 300 pages) will be scheduled after adoption, likely in July.
- Next Meeting: The next regular meeting is scheduled for June 17, 2026 (with a possible variance case). Member Deutschmann noted he will be absent.
Meeting Transcript
Good evening. My name is Alan Frankel, and I am the chair of the City of Rockville Board of Appeals. With me at the Dais this evening are my fellow fellow board members, Jimmy Hauer and Roy Deutschman. We have two public hearings this evening for two variances. If you intend to uh participate in the discussion this evening by video, um there are rules that were established for that purpose during the pandemic, and if you're going to be here via video conference, uh you are presumed to know those rules. Um Mr. Wasley, do you have any preferences to which one we do first? Mr. Chair, I think we can go in the order of the agenda. Okay. Okay. This is public hearing on variance application 2026 271-VAR. Um the applicant is Valerie Frank. The address is 2203 Nelson Street, and our planner is Chris Davis. Um Mr. Waslick, if you would please swear in, Mr. Davis, we'll hear from him. If you could identify yourself for the record. Uh Christopher Davis. And will you provide truthful testimony of this evening? I will. Thank you. All right. Good evening, Mr. Chair and members of the board. Um, as Mr. Waselec indicated, this is a variance application 2026 271 VAR for 203 Nelson Street. The subject property is located here on this aerial image. It is 203 Nelson Street. It has a land use designation of single family residential detached, and it is located in the R60 zone. Um as you can see from the aerial imagery, uh, the site is uh fairly matured uh with uh matured landscaping and um uh trees in the rear yard. Um the existing dwelling is located um towards the northern part of the property and Nelson Street and gets its access from that right of way. So the specific request for this uh application is a zoning variance from the side yard setback requirements uh to construct a carport addition on the uh north side of the dwelling, as you can see there in red. Um, as a function of this property, um, as you can see from the site plan, uh the rear yard uh area is pretty limited. Um by existing forestry um and mature trees. Um the approximate uh limit of the uh rear yard is the line designated in the middle of the screen. Um and so that's where the rear yard practically ends, as you'll see on the coming slides. Um staff's recommendation for the variance is approval with conditions. So as you can see here, the uh existing dwelling is a two-story dwelling. Uh the existing access is from Nelson Street via an extra existing curb cut and driveway. Uh the proposed carport will attach to the home along that side, the shown side of the dwelling and will allow access to be maintained from the side of the dwelling. So here is an image of the rear yard. Um, as you can see, the fence line pretty well demarcates the usable area of the uh the backyard. Uh but functionally or technically the rear yard extends beyond that fence line into the wooded area, which as you can see is pretty well established and uh set, which uh provides challenges for uh uh future building improvements in the rear yard area. As you can see here on the screen, here are uh a few options that the applicant is considering in terms of design for their proposed carport. Uh option A, the image on the left shows a more uh shed roof uh type of design that will be angled as opposed to option B, which will utilize a more flat roof design. So getting to the specific request um per section 251005A, the minimum required side yard setback is eight feet, and the applicant is proposing a variance of seven feet uh to request a setback of one feet from the side yard uh property line to construct the proposed carport. So in reviewing the application, staff has found that the application satisfies the criteria for granting a variance. Uh specifically, the variance has found not to be contrary to the public interest. Uh the proposed carport will occupy a portion of the existing driveway along the side, which has current access to the dwelling.
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