Variance Application APP2004-00824, Joann Sweet The applicant seeks a seven-foot variance from the front yard setback requirement to construct a front porch along the entire width of the house. The property is located at 307 Seth Place. An Affidavit of Posting was submitted into the record as Exhibit 1. Joann Sweet, applicant, presented her request. She explained that her house was built in 1943 with a concrete front porch. She said there has never been a roof covering over the existing concrete porch, and that is why she is requesting to put a roof covering over the proposed front porch. Ms. Sweet stated that three other houses on her street have covered front porches. She noted that a variance was granted to 301 Seth Place approximately four years ago. Ms. Sweet explained that her property slopes downward from the front porch to the street grade. Due to the steep grade, the front yard has no functional use. She stated that the front of the house faces the northeast and the front door has no protection from the elements. Mr. Deitchman informed Ms. Sweet that the Board of Appeals has proposed that the City revise the Zoning Ordinance to permit open porches as a right. In response to Mr. Deitchman, Ms. Sweet explained her reasons why she is proposing a front porch. She said she would like the porch to be covered because the cement is deteriorating and, therefore, is not safe and there is no protection from the elements. She noted that she had the foundation of the porch repaired last year because it was crumbling. In response to Mr. Hill, Ms. Sweet stated that her plantings in the front yard might be impacted by the construction, but will grow back nicely. She would not be removing any plantings, but after the construction, she will increase the plantings. Mr. Hill questioned the practical considerations for taking the porch the entire width of the house. Ms. Sweet replied that, aesthetically, the porch would be to the benefit of the house to have the porch go across the entire width of the house. She said that, for safety reasons, it would be better to have the porch covered. Because of the existing front porch and due to poor drainage, she has had to replace the ceiling in her living room. Ms. Sweet said that the neighbors like to sit out on their porches to talk to other neighbors. She said that some of her neighbors have approached her about her plans for a new front porch and are waiting for her to get approval before they begin making plans for their front porches.
There being no one else to speak for or against the variance application, the Chair declared the public hearing closed.
Special Exception Application SPX2004-00339, First Baptist Church of Rockville (Weekday Early Education Center (Wee Center)) The applicant is requesting approval to reestablish the church’s previously operated kindergarten program and to continue operating the accompanying childcare component, all located on the ground level of the church at 55 Adclare Road, in the RS (Suburban Residential) Zone. Carol Corbett, Director of the Wee Center, presented her request. Ms. Corbett stated that the childcare center opened in 1976 and she still has all the records with all the papers and letters so she knows they went through processes, but apparently, no one knew that a special exception application was needed from the City. Ms. Corbett explained that the church did not know it needed a special exception until this year when they were told they could not reinstitute their kindergarten unless they had a special exception. In response to Mr. Deitchman, Ms. Corbett stated that they did not close down this year; there was no kindergarten class this year because there were not enough children, but they are bringing the kindergarten class back this fall. They have been operation for 28 years, there is a sign out on Route 28 since 1980, and they do have a permit for that sign. Ms. Corbett stated that up until 1999, the center has been using the church’s occupancy permit and in 1999, the childcare administration decided that they had to have its own. She came to the City to get an occupancy permit and no one said she couldn’t have an occupancy permit until a special exception was submitted and approved. Mr. Deitchman asked staff about the requirements for the childcare center. Mr. Chasten explained that the church needs a special exception to operate a childcare center and a private school. For whatever reason, the City overlooked that requirement over the years. Ms. Corbett stated that the real problem was that the State Board of Education would not allow them to reapply for kindergarten until this special exception is approved. In the meantime, it was decided that since the center had kept the five-year old program they did not lose their license. So, they reissued it and a copy of the license is included in the staff report. Ms. Corbett further explained her request. She pointed out that they are really seeking a special exception for a licensed childcare center and a kindergarten program. She noted that they would like the language to include “non public school” because they might be converting their program over to nursery school at some point and that is governed by the State Board of Education. In addition, the church may want to add the first and second grades to its program sometime in the future. This is the reason why they would like to have the language include “non public school” rather than “kindergarten”. In response to Mr. Deitchman, Ms. Corbett said that they are not changing the class size; they are only bringing the school into compliance. She referred to the staff recommendations on page two of the staff report and stated that the center does have a current license and it is up for renewal in November 2004 and the church as approval for a kindergarten program. The center will continue in accordance as far as floor space and the number of classrooms, enrollment and staffing levels, etc. and they will not exceed their normal capacity of 66 children. Ms. Corbett referred to the findings on pages five and seven. Ms. Corbett mentioned that the center has been good neighbors with the Rockville Nursery School, which is within 1000 feet for 28 years with no problems. In response to Mr. Hill, Ms. Corbett explained that the center might be converting to nursery school and they are just redefining the program. Mr. Deitchman submitted seventeen letters in support of the application into the record as Exhibit 2 as well as correspondence from the Planning Commission endorsing the application as Exhibit 3. Ms. Corbett answered questions regarding the times of arrival and departure of the children, special events, and how it changes the traffic pattern in the area. The following citizens testified in favor of the application: 1. Mary Ling, 909 Willowleaf Way, testified that she has two children who have benefited from this program and she hates to see the program in any jeopardy. The children are well cared for and are a very safe environment. In response to Mr. Hill regarding traffic, Ms. Ling stated that the traffic on West Montgomery Avenue is more of a patience issue than a safety issue. Mr. Hill disclosed that he knows Mr. Dubow; he is a co-worker. He said he is sure that they are both surprised to see each other this morning. 2. Ed Dolbow, 1914 Windham Lane, testified that his child attended the Wee Center for three and a half years and that includes kindergarten. He said the Wee Center is a wonderful place to send a child. Mr. Dubow stated that there was never a parking problem or traffic problem on or off Adclare Road. In response to Mr. Hill, Mr. Dolbow stated that he sent his child to the Wee Center because he worked on Research Boulevard at that time and he found about the Wee Center from someone who worked with him. He said he was able to drop her off and pick her up because the Wee Center was only a mile from where he was working. There being no one else to speak for or against the Special Exception application, the Chair declared the public hearing closed. DECISIONS Variance Application APP2004-00824, Joann Sweet Mr. Hill moved, seconded by Mr. Schwartzman to approve Variance Application APP2004-00824, Joann Sweet per staff recommendations emphasizing that the Board is approving this as an open structure and not an enclosed porch in the future. The motion passed unanimously. Special Exception Application SPX2004-00339, First Baptist Church of Rockville (Weekday Early Education Center (Wee Center)) Mr. Schwarzman moved, seconded by Mr. Hill to approve Special Exception Application SPX2004-00339, First Baptist Church of Rockville (Weekday Early Education Center (Wee Center)) per staff recommendations subject to a revision of Condition 1 by removing the term i.e. and replacing it with the word and, and removing the words and kindergarten at the end of the sentence. The motion passed unanimously. NEW BUSINESS Mr. Chasten reported discussed the meeting agenda for the next two months. MINUTES Mr. Hill moved, seconded by Mr. Schwartzman to approve the minutes of Meeting Nos. 3-04 and 4-04 as amended. The motion passed unanimously. ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 10:20 a.m. NOTE: Should further details of this hearing be required, a tape recording of the meeting is available. The Planning Division maintains a tape of the meeting for a period not less than one year from the date of each meeting. | 
