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City of Rockville Board of Appeals
Minutes

 Mayor and Council Chambers
Meeting No. 02-05
Saturday, February 5, 2005
, 9:30 a.m.


The City of Rockville Board of Appeals convened in regular session at the Red Brick Courthouse, 29 Courthouse Square at 9:30 a.m., February 5, 2005.
    

Present:

David Hill, Chairman
Roy Deitchman 

Steven Schwartzman
Alan Sternstein Alternate

In Attendance:

Castor Chasten, Planner III
Margaret Hall, Planner II
Tyler Tansing, Board Secretary


           

PUBLIC HEARING

Variance Application APP2004-00837, Tim Kerns – a variance to construct a 9 x 18 foot covered porch that encroaches into the permitted front yard setback at 13215 Ardennes Avenue.  An Affidavit of Posting was submitted into the record as Exhibit 1.

Mr. Kerns presented his request.  Mr. Kerns explained his reason for requesting a covered porch.  The reason for a variance is that his lot has a rear yard of 50 feet and the front of his house was built right on the setback line.  He noted that all of the houses on his street were built on the setback line.  He said he would like the covered porch to provide a safe environment for his family. He said he likes living in Rockville and would not like to move out of the City.  Mr. Kerns also noted that the value of homes in his neighborhood have skyrocketed.   

Mr. Kerns submitted photos of houses as Exhibit 2 with covered porches in his neighborhood.

In response to Mr. Hill, Mr. Kerns stated that he has informed his neighbors and they have no objections. 

In response to Mr. Deitchman, Mr. Kerns stated that he does not intend to enclose his porch.  

The Board and staff discussed the size of the variance.  It was found that the overhang of the porch would bring the variance measurements to 19 x 8 feet.

In response to the Board, Mr. Kerns apologized for not attending the February 5, 2005 meeting because he was called out of town on business.

The following citizen testified in support of the application.

Christopher Erman, Crawford Drive, testified that he was in support of the application.  He said that Mr. Kerns is doing a wonderful thing for the neighborhood. 

There being no one else to speak for or against the Variance application, the Chair declared the public hearing closed.
  
Variance Application APP2004-00839, Hiawatha Fountain – a variance to construct a two-car garage in the side yard at 511 Lynch Street.  An Affidavit of Posting was submitted into the record as Exhibit 1.

Mr. Hiawatha presented his request.  Mr. Hiawatha stated that he proposes to add a two-car stacked garage onto the right side of the house.  Therefore, he is asking for a variance from the eight-foot side yard setback requirement for a garage that would measure 34 x 12 feet.  Mr. Hiawatha explained that his wife has a medical condition and the garage would be a safety measure for them. 

Ms. Hall and Mr. Hiawatha discussed the placement of the garage per the plans submitted and whether the garage would be placed flush with the front of the house.  Mr. Hiawatha explained that he would like to have the garage flush with the front of his house.

There being no one else to speak for or against the Variance application, the Chair declared the public hearing closed.

Special Exception Application SPX2004-00351, Alan Yanaway (Montgomery College) – to construct an interim surface parking lot on the subject property currently owned by Montgomery County Public Schools.  The parking lot, currently located on the former George Washington Carver High School property, now serves as the headquarters for Montgomery County Public Schools (MCPS) – Board of Education.  The parking lot is for the community college’s use for student and staff parking needs, until structured parking facilities can be constructed on campus.  The property location is 850 Hungerford Drive.  The overall Carver Center property is approximately 30 acres in size and is owned by MCPS.  An Affidavit of Posting was submitted into the record as Exhibit 1.

Several years ago, a significant portion of the former high school site, along with its building facilities, received historic district designation by the Mayor and Council.  At its meeting on October 21, 2004, the Historic District Commission (HDC) approved HDC2004-00316 to build the new parking lot, which will be located at the eastern edge of the existing parking lot. 

David Capp, Chief Facilities Officer with Montgomery College, presented the applicant’s request.   He introduced the design team involved in expanding and upgrading the existing parking lot located in the eastern area of the Rockville campus site.  The expansion of the parking lot is the result of the success of the college over a number of years.  Enrollment is as high as it has been in the history of the college and it continues to grow.  This results in a parking challenge for a commuter based school.  The Board of Education currently leases 75 of the 387-space parking lot, which is located in the front eastern area of the site as overflow parking for its students and staff.  He stated that 438 new parking spaces would be created under the expansion proposal.  All but 30 of the new 438 parking spaces created would be for the exclusive use of MCC students and staff.  The remaining spaces would be designated for the use of MCPS Board of Education staff and visitors.   

Mr. Capp discussed the student population attending the College’s Rockville campus, number of existing parking spaces on site, evening events, Master Plan proposal to build a fixed parking structure on the Rockville campus sometime in the future, free ride-on shuttle for students from the Rockville Swim Center to the Rockville campus, and funding a shuttle system for students.

Mr. Hill expressed concerns about the interim parking lot and that interim means to him – long term, temporary with a plan to do something else.  He said it seems to him that that plan is loose and not firmly committed to at this point.  He said that he may propose in the Board’s worksession on placing a deadline date on this special exception for future review. 

Ernest Peek, Project Manager with WEDGCO Engineering, Inc., discussed the parking lot, and landscaping.

In response to Mr. Deitchman, Mr. Capp stated that there will be parking stickers for the students and staff. 

The Board further discussed concerns regarding the timeline of the lease.

In response to the Board, Mr. Peek stated that a traffic impact study was done and it was approved by the City.    There will be no change in traffic pattern with this parking lot.

John McLean, Director of Capital Planning and Design representing Montgomery College explained the process of the College’s master plan, which was approved by the College in 2004.  Mr. McLean stated that the proposed buildings are shown.  The facility would be a 650-car garage.  The Rockville Science Center has been proposed to be located adjacent to the existing stormwater pond on the Rockville campus.  Mr. McLean talked about the long-range plans for the Rockville campus and the addition of parking facilities. 

Mr. Hill questioned whether the future planning of the garage directly linked to the science building.  It seems the answer is – it is in the master plan, but it is not a conditioned on the proposed garage facility. 

Mr. Capp stated that they are still examining the process. 

John McLean stated that the campus is still growing and there is still room for growth. 

The Board discussed enrollment projections to 2012, uses on the parking lot, design of the lot, safety issues, and landscape plans for the parking lot.   

Mr. Peek discussed the landscaping plan, installing a fence across the north side of the parking lot to provide screening from Mannakee Street, provision of a pedestrian crossing signal for the crosswalk, replacing the sidewalk on Hungerford with a grass strip.  Mr. Peek also discussed stormwater management on the site. 

Mr. Hill questioned staff regarding stormwater drainage.  He said he is not aware that there is much excess capacity in the stormwater system.  Mr. Chasten stated that the planned parking lot would not affect the stormwater system. 

The Board further discussed concerns regarding lighting of the parking lot, traffic flow circulation in the proposed parking lot, pedestrian safety, entrance to the parking lot, location of handicapped spaces, number of parking spaces on the lot, and HDC’s recommendations regarding the Carver site. 

There were questions of concern from citizens regarding the stormwater drainage on and off the site, lighting and the type of security on the parking lot. 

The following citizens testified:

1.  Bridget Newton, President of WECA, stated that Montgomery College is a gem and the City is very fortunate to have a college.  However, she feels that the college needs to work with the community.  Ms. Newton expressed her concern that the surface parking lot is tied to future parking structures when built, would abut the neighborhoods.  A traffic study is needed for streets around the surface parking lot. 

2.  Robert Edwards, 808 Ivy League Lane, stated that he is on the Board of College Square Condominiums, expressed his concerns regarding security and lighting on the parking lot for the safety of the students and staff. 

3.  Ted Reuther stated that he is representing the College Gardens Civic Association and as Acting Chair of the Coalition of the civic associations.  He expressed their concerns regarding the stormwater management and traffic and transportation issues that would be impacted by the proposed parking lot and future parking facilities on the site as well as on neighboring streets.

In response to Mr. Deitchman, Mr. Chasten stated that 500 notifications were sent out to the property owners located within the subject site. 

The Board and Mr. Reuther discussed the stormwater drainage issue, and whether there were methods that MCC engineers could manage and direct it differently on the site to satisfy the community.

4.  Joan Donahue, 507 Bradford Drive, stated that she did not receive notification of this meeting.

Mr. Sternstein asked staff to check the address to see if it was on the list of notifications sent out and if it was not, figure out why it was not on the list. 

Ms. Donahue pointed out that her backyard faces one of the parking lots on the College site.  She stated that she chose her house as a place to retire and now she and her sister are now retired and now the MCC construction is going to destroy the property values.  She said that the whole thing is so outrageous.  She noted that traffic from the college is very heavy on her street.  She said that no one seems to care about the people in this neighborhood. 

Mr. Sternstein pointed out that it looks as though the neighbors are doing what they need to do to make sure their voices are heard. 

Ms. Donahue expressed great concern that MCC seems to dismiss the concerns of the community impacted by the parking lot and future parking structures.  Mr. Sternstein said that when it comes time for them to build the parking structure, and if the parking structure requires a special exception, the neighbors on Bradford Street and all of the other streets would have the opportunity to come before this Board and one of things the Board takes into consideration is the impact on the community.  The best thing for the neighbors to do is to show up at proceedings like this where their interests are required to be taken into affect and to express that interest.  Today, the Board is only dealing with the parking lot. 

Ms. Donahue stated that the proposed parking lot is upsetting because there is little greenspace where the birds can sit and rest.  Ms. Donahue further expressed her concerns regarding the traffic issue in her neighborhood.

Mr. Peek and the Board discussed stormwater drainage issues on the site, and how it would affect the neighboring streets.  The Board questioned the representatives of MCC regarding the design of the SWM plan and listening to the neighbors regarding their concerns. 

The Board further discussed additional buffering and screening between the parking lot and the neighboring residential dwellings to the south of the site, lighting system for the new parking lot, crosswalk across Mannakee Street, length of time granted for the special exception and review of the recommendations by staff.      

There being no one else to speak for or against the Special Exception application, the Chair declared the public hearing closed.

DECISIONS

Variance Application APP2004-00837, Tim Kerns

Mr. Schwartzman moved, seconded by Mr. Deitchman to approve Variance Application APP2004-00837, Tim Kerns per staff recommendations.  The request was for a variance of nine feet from the front yard setback requirement for a 9 x 18 foot covered porch in the front yard.     The motion passed unanimously.

Variance Application APP2004-00839, Hiawatha Fountain

Mr. Hill noted that the applicant has submitted a memorandum regarding the Affidavit of Posting and the length of time his sign has been posted on his property with signatures of four residents on his street including the adjoining resident who would be most impacted by the garage.  There has been no opposition to this application.

Mr. Deitchman moved, seconded by Mr. Schwartzman to approve Variance Application APP2004-00839, Hiawatha Fountain per staff recommendations.  Mr. Deitchman clarified that the garage’s front side will be flush with the house.  The motion passed unanimously.

Special Exception Application SPX2004-00351, Alan Yanaway (Montgomery College)

Mr. Deitchman moved, seconded by Mr. Schwartzman to approve Special Exception Application SPX2004-00351, Alan Yanaway (Montgomery College) with Condition 1 remaining the same, revised Condition 2 to read “Handicapped parking spaces, which are required to be provided for the subject parking lot must be provided on campus in proportion with the number of spaces required for the new parking lot.”  Condition 3 – add an additional sentence to read “That additional landscaping and plantings must be installed along the site’s southern lot line serving as additional screening and buffer between the parking lot and neighboring residential dwelling facilities to the south of the site to limit visual impact of parking from ground level and, also, an adequate tree canopy be provided.”  Add a second sentence to Condition 4 that reads, “A lighting system should be designed for full illumination until midnight and security lighting during the remainder of the darkness.”  Condition 5 will remain; Condition 6 will be replaced to read, “That the site plans should be amended to clearly denote the portion of the overall property, which is located within the Historic District.  Add Condition 7 that will read, “That the applicant will work with the City Traffic/Transportation Division to review and develop options including a raised sidewalk for crossing Mannakee Street.”  Add Condition 8 that will read, “This Special Exception shall be limited to an all commuter parking lot use except for occasional daily events.”  Add Condition 9 that will read, “This Special Exception is for a grant of ten years.”

Mr. Hill suggested an amendment to the language in Condition 3 regarding forestry that would read, “This would be for the approval of the City Forester.”  Mr. Deitchman accepted the amendment.  The motion passed unanimously. 

MINUTES

Mr. Deitchman moved, seconded by Mr. Schwartzman to approve the minutes of Meeting No. 1-05 as amended.  The motion passed unanimously. 

Mr. Hill stated that he would not be attending the Board’s April 2, 2005 meeting.  He asked staff to be sure that there would be a quorum at that meeting.

Mr. Chasten reported that the National Luthern Home’s Special Exception would be coming before the Board at its March 5 meeting. 

The Board discussed holding its meetings at the Red Brick Courthouse until the City Hall has been renovated. 

ADJOURN

There being no further business to come before the Board, the Chair adjourned the meeting at 2:00 pm.

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.

 

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