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Home > Government > Boards and Commissions > Board of Appeals > 2008 > Minutes > January 5, 2008 Minutes

City of Rockville Board of Appeals
Minutes

 Mayor and Council Chambers
Meeting No. 01-08
Saturday, January 5, 2008
, 9:30 a.m.

The City of Rockville Board of Appeals convened in regular session in the Mayor and Council Chamber at 9:30 a.m., January 5, 2008.
 

Present:

Alan Sternstein, Chairman
Roy Deitchman 

Christopher Maravilla

In Attendance:

Jim Wasilak, Chief of Planning
David Hill, RORZOR Committee Member (BOA Appointee)
Castor Chasten, Planner III
John Tyner II, Planning Commissioner

           

ELECTION OF CHAIR FOR 2008

Mr. Sternstein moved, seconded by Mr. Maravilla to elect Mr. Deitchman as the Chair for 2008.  The motion passed unanimously.

BRIEFING AND DISCUSSION

Draft Zoning Ordinance and Map – to discuss pertinent issues in the draft Zoning Ordinance and Map.

Mr. David Hill presented MS-Power Point slides to the Board.  Mr. Hill discussed Board changes recommended by the Representatives of Rockville Zoning Ordinance Review Committee (RORZOR) such as: 1) Eliminating economic need findings; 2) Allowing higher front fence heights in industrial zones; 3) Liberalizing porch setbacks; 4) Enunciating the purpose for accessory apartments; 5) Reconciling ADA and peculiarity of property finding requirement; and 6) Addressing edge setbacks of special developments. 

Mr. Hill also presented the outcome of the Board’s recommendations to RORZOR as well as ongoing Board issues such as garage standards, and amending special exceptions. 

The Board discussed changes to special exceptions; variances (little change, perhaps more volume or new standards), administration appeals and procedural changes such as Boards and Commissions consistency; public notice, input, hearings, and Planning Commission recommendations to the Board. 

Mr. Hill discussed RORZOR’s recommendations regarding special exceptions.  He said that the Committee discussed eliminating special exceptions altogether, and proposed making most issues conditional uses and the purpose would be to reduce redundancy with Use Permit considerations.  He noted that the outcome was to retain these special exceptions.  The Committee aimed to simplify special exceptions by moving some to conditional uses, to retain core one-off considerations and added major home-based enterprises as special exceptions.  Mr. Hill explained that there are 31 distinct types/standards in the current code and 27 in the Draft Zoning Ordinance (DZO).  Mr. Hill stated that two types of special exceptions were dropped:  Helistop and cemetery were dropped; seven types were shifted to conditional uses such as Bank/S&L branches, private clubs (old: golf/CC clubs), service/community buildings, lumber/buildings, supply outlets, retail sales in industrial zones, parking structures, and temporary uses.  Five types were added: Bed and Breakfasts, cosmetologists (in residential zone), junkyards, outdoor recreational facilities (private), and major home-based enterprises. 

Mr. Hill discussed RORZOR’s recommendations regarding variances.  Mr. Hill stated that the committee recommended no core changes; there were places of reduction such as:  porch setbacks and fewer zones, each with individual requirements.  The places of growth are:  Mansionization standards, general tightening of commercial standards and mixed-use zone potentials. 

Mr. Hill discussed Administrative Appeals:  He said that more decisions will be the role of  staff (Chief of Planning), with more potential for appeals such as:  Mansionization allowance; rating applications for procedures; amending prior approvals; amending special exceptions and de minimis considerations. 

Mr. Hill discussed procedural changes in the draft Zoning Ordinance (DZO).  He said that consistency in Boards and Commissions procedures included:  little change to BOA rules; the Mayor and Council would be considering appointment changes separately; new application path procedures – simplified with one graduated method, attempt to rate applications for appropriate attention; new public notice, input and hearing requirements – increase input and push earlier and encode common practice; considered eliminating Planning Commission recommendations – the main question:  Are Planning Commission hearings redundant or productive?,  Not Done, prior hearing/consideration still thought useful to provide more input opportunity earlier, identify issues and not further relevant facts or info, air positions for subsequent clarification or emphasis, filter weak applications at earlier stage and provide recommendation from another body.  The outcome – made referrals discretionary (in both directions).

Mr. Hill discussed miscellaneous observations in the DZO such as: transitional considerations, park zones and applying those zones to school open spaces; moratorium progress, and anticipated controversy regarding mansionization, mixed-use zones and development push-back on no special zones. 

NEW BUSINESS

Approval of 2008 Calendar of Meetings and Application Deadlines.
The Board and staff unanimously approved the calendar of meetings and discussed application deadlines. 

ADJOURN

There being no further business to come before the Board, the Chair adjourned the meeting at 12:00 noon.

 

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