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Record of Proceedings

Rockville Board of Appeals Meeting 03-2026: Variance Approved (September 16, 2026)

Meeting Portal — Wednesday, September 16, 2026
BodyRockville, Maryland
SessionMeeting Portal
DateWednesday, September 16, 2026
StatusFILED
Video Record
0:00 / 25:16

Original source
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0:02

Good evening.

0:03

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

0:10

With me at the Dais this evening, or to my left, Jimmy Hauer and to my right, Roy Deutschman.

0:19

We are here this evening at meeting number 03-2026.

0:29

And our first order of business is a variance application 2027-402-VAR concerning a variance for a side yard setback at 5 Lee Court.

0:49

If you are going to participate in this hearing this evening by video, please be advised that during the pandemic, the Board of Appeals came up with a set of rules that are have now been codified into our rules, and it is assumed that you are familiar with them.

1:16

Mr.

1:17

Oslick.

1:27

So let's get started.

1:28

This is a presentation by our planner, Chris Davis.

1:34

So Mr.

1:35

Ross, uh Mr.

1:36

Oslick, if you would please swear in Mr.

1:39

Davis so that he can tell us about this variance.

1:43

Yes, thank you, Mr.

1:44

Chair.

1:45

Mr.

1:45

Davis, could you identify yourself for the record?

1:49

Yes, Chris Davis with Community Planning and Development Services.

1:53

And will you provide truthful testimony this evening?

1:57

I will.

1:59

Great.

1:59

Please proceed.

2:02

All right.

2:03

Thank you, Mr.

2:04

Chair, members of the board.

2:06

As Mr.

2:07

Chair indicated, this is a variance application for the subject property located at 5 Lee Court.

2:19

As you can see, the subject property is outlined in blue on the screen.

2:23

It's located at 5 Lee Court, which is approximately at the intersection of Lee Court and Warfield Drive.

2:32

This is in the Woodley Gardens area of the city.

2:36

It has a land use designation of single family residential detached and a zoning distinction of R90 corresponding with one of the city's residential zoning districts.

2:55

The specific proposal by the applicant this evening is a zoning variance from the side yard setback requirements in order to convert an existing carport located on the property into a full fully enclosed one-car garage.

3:16

As you can see, uh the property is improved with a one-story dwelling.

3:22

As part of the applicant's proposal to improve the dwelling, notably uh the livability of the site.

3:29

Um several improvements are proposed, including a one-story addition to the front of the home, as you can see in the dark gray, um, along with a cover porch to the front entry.

3:42

Um like to note that that those improvements are not included in the subject request for the variance this evening.

3:49

Um the request this evening is specific to the enclosure for the proposed garage.

3:55

As you can see, that'll be uh an addition to the side of the existing dwelling, um, and will partially encroach into the side yard setback necessitating the variance requests this evening.

4:08

Um staff's recommendation is approval with conditions.

4:17

So as you can see here on the screen, uh here is a street view of the approximate existing conditions.

4:24

Um as you can see from the front elevation, the properties improved with the one-story dwelling and the attached carport.

4:32

Um, as you'll note, uh car ports are pretty common to this area.

4:38

Most of the existing dwellings in the surrounding neighborhood are improved with the side entry car ports.

4:45

Um the applicant's proposal is basically to enclose that area and slightly encroached to the photo east in order to make those improvements in the one uh car garage.

5:02

Here is a street view of the or a level view of the rear yard of the property.

5:10

What should be noted here is the unique topography on the property.

5:16

As we just saw from the front elevation, the property appears as a one-story above grade dwelling.

5:22

But as you can see, the topography slopes down quite notably to the rear, which allows for a second story lower level in the rear of the property.

5:40

So here is a proposed front elevation of the dwelling.

5:43

Here you can see the proposed improvements, including the front addition as well as that side attached enclosed garage.

5:53

As you can see, the applicant has proposed to incorporate that garage with the similar roof line and gable design for the roof to really make the improvements feel homogenous to the existing dwelling.

6:13

Here is a west elevation of the proposed dwelling.

6:17

As you can see, you'll you can get a sense of the side elevation of that new garage.

6:24

And also this view also gives the benefit of seeing that elevation change towards the rear, which in staff's review showed a reasonable improvement over alternatives, including considering a detached garage in the rear, not having to need to navigate those steep grades in the rear yard.

6:55

So specific to this request, Section 257.1.4 of the zoning ordinance requires a 11-foot side yard setback in the R90 zone.

7:08

And the applicant's specific request is a variance of two and a half feet in order to complete the one-car garage addition.

7:23

Staff has found that the applicant application meets the required standards for granting the variants.

7:29

Notably finding number one that the requests for the variants is the result of conditions peculiar to the property and not the result of any action taken by the applicant.

7:41

As you can see and as noted on the site contour map shown here on the screen, the subject property is encumbered by unique conditions.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████80%
Procedural███████████20%
Summary of Proceedings

Rockville Board of Appeals Meeting 03-2026: Variance Approved (September 16, 2026)

The City of Rockville Board of Appeals held meeting 03-2026 on September 16, 2026. Chair Alan Frankel presided with members Jimmy Hauer and Roy Deutschman. The Board unanimously approved a zoning variance for 5 Lee Court, approved the prior meeting minutes, and acknowledged a transition in City Attorney assignments.

Public Comments & Testimony

  • The Board heard applicant Stephanie Siegel, owner of 5 Lee Court, who testified that the existing carport needed to be widened to accommodate her large SUV, children, and a planned future electric vehicle, and deepened for storage.
  • A letter of support from Bob and Diane Wells of 4 Lee Court, the adjacent property owners, was submitted.
  • No other members of the public spoke either in favor of or against the variance.

Discussion Items

  • City planner Chris Davis presented staff's recommendation to approve variance application 2027-402-VAR. The property is in the Woodley Gardens area, zoned R90 for single-family detached residential use. The applicant requested a side yard setback variance from 11 feet to 8.5 feet, a 2.5-foot variance, to convert an existing carport into a fully enclosed one-car garage. A proposed front addition and porch were not part of the variance request.
  • Staff explained that the approval criteria were met: the property has an unusual narrowing lot shape and steep rear topography, the hardship was not created by the applicant, the garage would be consistent with neighborhood character, and there was no opposition.
  • During Board questions, staff confirmed that the existing carport currently complies with the required setback, but the enclosed garage needs to be slightly wider to allow safe access to and from a vehicle. Staff also confirmed there were no similar variance requests identified in the immediate neighborhood, though similar conversions have been approved elsewhere in the city.
  • The Board closed the public hearing after assuming no other speakers were present, including an unidentified phone participant thought to be the project manager.

Key Outcomes

  • The Board unanimously approved variance application 2027-402-VAR (3-0), allowing a side yard setback of 8.5 feet instead of 11 feet for the garage conversion at 5 Lee Court, subject to the conditions in the staff report.
  • The Board approved the minutes of meeting number 02-2026, held May 20, 2026, as submitted.
  • City Attorney Nick Oslick announced that he would no longer advise the Board of Appeals and introduced new attorney Nisha Talati, who joined from New York City. Board members thanked Oslick for his eight years of service.
  • The Board discussed scheduling a future training session on the city's recently rewritten zoning ordinance, effective August 1, 2026. A link to the Engage Rockville page summarizing the changes will be sent to Board members.
  • The Board adjourned until its next scheduled meeting on October 21, 2026.

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, or to my left, Jimmy Hauer and to my right, Roy Deutschman. We are here this evening at meeting number 03-2026. And our first order of business is a variance application 2027-402-VAR concerning a variance for a side yard setback at 5 Lee Court. If you are going to participate in this hearing this evening by video, please be advised that during the pandemic, the Board of Appeals came up with a set of rules that are have now been codified into our rules, and it is assumed that you are familiar with them. Mr. Oslick. So let's get started. This is a presentation by our planner, Chris Davis. So Mr. Ross, uh Mr. Oslick, if you would please swear in Mr. Davis so that he can tell us about this variance. Yes, thank you, Mr. Chair. Mr. Davis, could you identify yourself for the record? Yes, Chris Davis with Community Planning and Development Services. And will you provide truthful testimony this evening? I will. Great. Please proceed. All right. Thank you, Mr. Chair, members of the board. As Mr. Chair indicated, this is a variance application for the subject property located at 5 Lee Court. As you can see, the subject property is outlined in blue on the screen. It's located at 5 Lee Court, which is approximately at the intersection of Lee Court and Warfield Drive. This is in the Woodley Gardens area of the city. It has a land use designation of single family residential detached and a zoning distinction of R90 corresponding with one of the city's residential zoning districts. The specific proposal by the applicant this evening is a zoning variance from the side yard setback requirements in order to convert an existing carport located on the property into a full fully enclosed one-car garage. As you can see, uh the property is improved with a one-story dwelling. As part of the applicant's proposal to improve the dwelling, notably uh the livability of the site. Um several improvements are proposed, including a one-story addition to the front of the home, as you can see in the dark gray, um, along with a cover porch to the front entry. Um like to note that that those improvements are not included in the subject request for the variance this evening. Um the request this evening is specific to the enclosure for the proposed garage. As you can see, that'll be uh an addition to the side of the existing dwelling, um, and will partially encroach into the side yard setback necessitating the variance requests this evening. Um staff's recommendation is approval with conditions. So as you can see here on the screen, uh here is a street view of the approximate existing conditions. Um as you can see from the front elevation, the properties improved with the one-story dwelling and the attached carport. Um, as you'll note, uh car ports are pretty common to this area. Most of the existing dwellings in the surrounding neighborhood are improved with the side entry car ports. Um the applicant's proposal is basically to enclose that area and slightly encroached to the photo east in order to make those improvements in the one uh car garage. Here is a street view of the or a level view of the rear yard of the property. What should be noted here is the unique topography on the property. As we just saw from the front elevation, the property appears as a one-story above grade dwelling. But as you can see, the topography slopes down quite notably to the rear, which allows for a second story lower level in the rear of the property. So here is a proposed front elevation of the dwelling.

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