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City of Rockville Board of Appeals Mayor and Council Chambers The City of Rockville Board of Appeals convened in regular session in the Council Room, Rockville City Hall at 9:30 a.m., Saturday, January 9, 2010. | ||||||
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| ADOPTION FOR DECISION Special Exception SPX2009-00378, Victory Housing, Inc. – a request to construct and operate an 86-unit senior adult housing facility in the MXT Zone on property bounded by Maryland Avenue, Fleet Street and Monroe Street (Adoption of the Decision and Order approving the request). Mr. Deitchman moved, seconded by Mr. Maravilla to adopt the Decision as drafted, approving Special Exception SPX2009-00378, Victory Housing, Inc. The motion passed unanimously. The members of the Board signed the Decision. PUBLIC HEARING Variance Application VAR2010-00007, Louis and Laurie Rosenberg – for a four foot variance into the rear yard setback requirement in order to construct a screened porch in the R-90 Zone at 1501 Baylor Avenue. An Affidavit of Posting was submitted into the record as Exhibit 1. Mr. Rosenberg presented his request. Mr. Rosenberg explained his reason why he was proposing an eleven-foot deep by seventeen foot four inch wide screened porch. He stated that his property is a corner lot that has a very limited area in which to build a porch of useable dimension. The closest corner of the house to the rear yard setback line is approximately 7 feet. Mr. Rosenberg stated that he proposes to design the porch to be compatible with the existing home and no trees will be removed. He also stated that statements expressing approval from property owners directly behind and adjacent to his house are attached in the staff report. In response to the Board, Mr. Rosenberg stated that he was in agreement with the conditions in the staff report. In response to the Board, Mr. Rosenberg explained that the porch would provide added living space and utility for active children as well as provide protection from the elements. The porch would add additional family room space to entertain a growing family and it would not be economically feasible to move to a larger house. He noted that a smaller porch would not meet his family’s needs. In addition, the proposed porch would not be functional other than the rear yard because the porch would be constructed off their living room for better circulation and maintain integrity of the structure. The Board and staff discussed other locations for the proposed porch and whether variances would be required. The following citizen testified: Robert Luketina, 1516 Auburn Avenue, testified that the proposed porch would improve the appearance of the neighborhood. Mr. Luketina stated that he has asked other neighbors about the proposed porch and they told him that they liked the proposal. There being no further questions, and no one else wishing to speak for or against Variance Application VAR2010-00007, the Chair declared the hearing closed. Zoning Variance Application VAR2010-00008, Office of Technology Services (Montgomery County) – for a zoning variance from the 19-foot height limit applicable to antenna support structures attached to a building in the MXTD Zone at 101 Monroe Street. An Affidavit of Posting was submitted into the record as Exhibit 1. Tom Bunk, Agent for Montgomery County, stated that he was with Vertical Technology Services and is present this morning to present the applicant’s request. Mr. Bunk explained Montgomery County’s need for the proposed 40-foot tall microwave tower on the roof of the Montgomery County Executive Office Building at 101 Monroe Street. He also stated that the proposed tower would accommodate all of the microwave dishes, existing and proposed on the roof, which would also include dishes needed for future use by the State of Maryland Institute of Emergency Medical Services Systems. Lin Snidley, Managing Consultant with RCC Consultants, stated that RCC Consultants is the managing agent for Montgomery County for this project. Mr. Snidley explained that they have found that they must remove and replace the existing 30-foot tall-guyed tower, which currently contains several microwave dishes with the proposed 40-foot tower due to the age of the existing tower. Mr. Snidley described how the network works and that the height of the proposed tower is necessary to transmit information over the parapets of building and allow space for the various existing antennas. The Board discussed concerns regarding limiting the rooftop of the building from cluttering the roof with a surplus of antennas and towers, approval of permits, structural analysis of the existing tower, Federal Aviation Administration (FAA) aspects of the application, additional services provided with the new tower, and whether the applicant considered other locations that would not require a variance. A representative of RCC explained to the Board that the existing tower is unsafe and could come down at any time. He submitted two photos of the existing tower on the Montgomery County Executive Building into the record as Exhibits 2 and 3. There being no further questions, and no one else wishing to speak for or against Variance Application VAR2010-00008, the Chair declared the hearing closed. Special Exception SPX2002-00312, Sonic Automotive, Inc. – for a show cause hearing and determination as to whether the applicant is in compliance with the site’s conditions of approval related to the approved Forest Conservation Plan (FCP). Mr. Chasten announced that the applicant has asked to postpone this hearing until February 6, 2010. Mr. Mork moved, seconded by Mr. Deitchman to postpone Special Exception SPX2002-00312, Sonic Automotive, Inc. to the Board of Appeals next meeting date, February 6, 2010. The motion passed on a vote of 3-0. Mr. Maravilla was absent. DECISION Variance Application VAR2010-00007, Louis and Laurie Rosenberg Mr. Maravilla moved, seconded by Mr. Deitchman to approve Variance Application VAR2010-00007, Louis and Laurie Rosenberg per staff recommendations. The motion passed on a vote of 3-0. Zoning Variance Application VAR2010-00008, Office of Technology Services (Montgomery County) Mr. Deitchman moved, seconded by Mr. Mork to approve Zoning Variance Application VAR2010-00008, Office of Technology Services (Montgomery County) per staff recommendations and subject to a condition that the structural engineering report will be submitted to the Planning Division or other appropriate City staff for the extension to the 40-foot tower and the existing 19-foot tower. The motion passed unanimously. OLD BUSINESS The Board discussed the Meeting Calendar for 2010. After reviewing the Calendar, Mr. Deitchman moved, seconded by Mr. Maravilla to approve the Board’s Calendar of Meetings and Application Deadlines for Year 2010. The motion passed unanimously. The Board and staff discussed the CCB School Decision and because some of the Board members were unable to thoroughly review the Decision, it was decided that they would circulate their comments to staff, by email, with their comments before signing the document. Soo Le-Cho, Attorney with Miller Miller & Canby, stated that the school was in the process of addressing those conditions and to delay the Decision another month may conflict with the applicant’s occupancy schedule in January. Ms. Le-Cho stated that they understand that there may be a pending appeal for reconsideration of the special exception. The Board and staff discussed the process for reconsidering an application. Mr. Maravilla left at 10:48 a.m. Mr. Deitchman discussed and reviewed the three additional conditions included in the Decision regarding hours of operation, maximum number of students allowed, and parking enforcement to ensure pedestrian safety. The Board and staff discussed written opinion regarding variances and special exceptions; past approval letters and dates when the approval process of applications begin for applicants; and updating the Board’s Rules of Procedure. Mr. Wasilak stated that the Mayor and Council have designated members of the Council as liaisons to many of the City’s Boards and Commissions and Councilmember Bridget Newton as liaison to the Board of Appeals and the Planning Commission. The Board and staff discussed upcoming applications. Mr. Sternstein noted that he would have to recuse himself from some of the applications. In addition, Mr. Wasilak explained that the Community Planning and Development Services (CPDS) Department has developed a survey, to be distributed to the Boards and Commissions via email, and responses would remain anonymous. This survey would help CPDS gauge its performance. Mr. Wasilak discussed televised meetings as to how the meetings are structured regarding the length of meetings, lunchtime breaks, where the cameras should be placed and having a more structured opening introduction before each meeting. A guideline sheet was suggested. Mr. Wasilak recommended putting the proceedings on the Board’s agenda. Mr. Sternstein suggested having the City’s Cable Division articulate their concerns to staff and the Board would respond. Mr. Wasilak mentioned that one of the terms used on one of the conditions for Victory Housing was not clear and he recommended that it should be brought back to the next meeting for clarification. The Board and staff discussed the next meeting on February 6, 2010. MINUTES Mr. Deitchman moved, seconded by Mr. Mork to approve the minutes of Meeting No. 10-09 as amended. The motion passed on a vote of 3-0. ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 11:20 a.m. | ||||||