CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

 

NOVEMBER 12, 1999

 

 

SUBJECT:

 

            Variance Application APP99-0717

 

            Applicant:         Albino DoCouto & Auto Centro, Inc.

                                    7406 Westmore Road  

                                    Rockville, Maryland 20850

 

            Counsel:           Stephen J. Orens, Esquire

                                    Conroy, Ballman & Dameron

6 Montgomery Village Avenue, Suite 402

                                    Gaithersburg, Maryland 20979

 

            Property

            Location:          7420 Westmore Road, Rockville, Maryland 20850

           

            Planning Commission Review Date: November 17, 1999

            Board of Appeals Public Hearing Date: December 4, 1999

 

PREVIOUS RELATED ACTION:

 

·        Annexation Petition ANX99-0129, Frances B. Fling, Donna Marie Fling, Fereidoun Beiglarbeigi, and Elizabeth Beiglarbeigi, a request to annex approximately 1.00 acre of land from Montgomery County into the City of Rockville.  Subject property is located on the south side of Westmore Road, approximately 400 feet east of the CXS-Metro Rail rights-of-way.  Approved by the Mayor and City Council on July 12, 1999 and assigned the I-1 (Service Industrial) zoning classification.

 

REQUEST:

 

The applicant wishes to develop the referenced property for use and operation of an indoor automobile dealership and service repair business.  In order to develop the property as proposed the applicant submits the subject variance application in accordance with Sections 25-311 of the City of Rockville Zoning Ordinance.  The applicant seeks the following zoning variances:  a).  a variance of 20 feet from the required 20 foot side yard setback, and b).  a variance of 20 feet from the required 20 foot rear yard setback of the I-1 (Service Industrial) zone.

 

STAFF RECOMMENDATION:

 

Approval is recommended subject to the following conditions:

·        The applicant’s request for twenty (20) foot side and rear yard building setback variances be denied.  In lieu of the afore requested zoning variances, staff recommends the applicant be granted side and rear yard setback variances of 15 feet from the 20 feet required, insuring the proposed new building facility maintain a minimum setback of five (5) feet from the subject side and rear yard lot lines. 

 

·        The site must be developed in substantial accordance as represented in the subject application request and accompanying development proposal.   

 

·        Trees removed to accommodate the construction of proposed site improvements must be replaced in accordance with requirements of the City’s Forest and Tree Preservation Ordinance. 

 

·        Construction must meet the requirements of the city's construction codes, state of Maryland accessibility code, and federal American with Disabilities Act (ADA) requirements, and other applicable code and ordinance requirements.

 

·        Outdoor storage and display of vehicles being sold by the applicant business is prohibited.  All vehicle sales related activity must take place indoors.

 

ANALYSIS:

 

Property Description

 

The subject property is rectangular in shape, approximately 21,780 square feet in size, located on the south side of Westmore Road, and is approximately 400 feet east of the CSX-Metro Rail  rights-of-way, running parallel to Md. State Route 355.  The property is presently improved with a one-story dwelling structure of frame construction, which is currently vacant.  Also located on the subject site, in the rear yard are two accessory structures, e.g., a 648 sq.ft. detached garage that is of masonry construction and a small storage-tool shed.  Vehicular access to the site is currently provided via a single entrance onto Westmore Road.  The property is bound on the east and south by the Westmore Warehouse Park, a service industrial development which consists primarily of auto service and repair business uses, to the north by a Washington Gas underground gas storage and service complex, and west by a former residential property.  It is important to note that the neighboring property to the west, was also annexed at the time the subject property was annexed into the City under Annexation Petition ANX99-0129. 

 

With the exception of the single “Japanese Maple” tree located in the front yard area of the site, the property contains sparse landscaping and/or vegetative materials.  The subject site’s topography is relatively flat, but its surface elevation is somewhat lower than the finished surface elevation of the abutting service industrial development located to the south and east of the property.

 

 

Application Request & Project Proposal

 

The applicant wishes to redevelop the subject 21,780 square foot property and construct a new indoor automobile sales and service repair business facility on the site.  The proposed new building will have a lot coverage of 7,750 square feet, approximately 35 percent total lot coverage.  As per Section 25-311 of the Ordinance, the maximum lot coverage permitted in the I-1 (Service Industrial) zone is 50 percent.  The proposed building will be of masonry construction, containing approximately 951 square feet of office space, 1,690 square feet of sales area, 4,471 square feet of service repair space, and 230 square feet of storage space.  The applicant proposes to provide a total of 33 on-site parking spaces, which are the minimum number required under Section 25-395 of the Zoning Ordinance.  Proposed site parking will be provided in the front and (east) side yard areas of the site.  Vehicular access to the site will be provided via two new proposed site entrances (See Exhibits “1 & 2”).

 

The proposed building as sited on the property would abut the site’s rear and (west) side yard lot lines, maintaining a zero (0) lot line separation.  In order to develop the property as proposed, the applicant seeks approval of zoning variances of 20 feet from the 20 foot side and rear yard setbacks required in the I-1 zone.

 

Applicable Section of the Zoning Ordinance & Staff Assessment

 

Section 25-1 of the ordinance defines a variance as “a modification only of the density, bulk, or area requirements, where owing to conditions unique to the property and not the result of any action taken by the applicant a literal enforcement of the ordinance would result in practical difficulty.”

 

After review and analysis of the application request and accompanying development proposal, staff offers the following assessment: 

 

1.  The variances as requested would be contrary to the public interest.  The subject property is bound on all but its (west) side by existing service industrial land uses.  The Westmore Warehouse Park service industrial development, that boarder the site to the south and east, is primarily comprised of automotive service and repair business tenant uses.  If the building is constructed as proposed, with a zero (0) lot line setback from the site’s rear yard lot line, the rear building wall would be located approximately ten (10) feet from surface parking facilities of the neighboring automotive service and repair businesses.  It is important to note that the surface grades along the site’s rear yard lot line are much lower than the finished surface grades of the neighboring property to south.  Due to the difference in the surface elevations of the subject properties, staff believe it would be extremely difficult to properly maintain the yard/open space area between these properties, if the proposed new building is allowed to be located abutting the site’s rear and side yard lot lines.  The land between these properties would become ever more isolated with such limited physical separation, making it extremely cumbersome to keep that lawn/open space area mowed on a regular basis.  It is also likely that area would become a potential magnet for collecting litter, debris, an/or other discarded material.   

The proposal to construct the building with zero (0) rear and side yard setbacks would also require the applicant acquire easements from the abutting property owner/s, to allow access to the exterior rear and side areas of the proposed building.  Staff has recommended the proposed building be setback a minimum of five (5) feet from the subject lot lines to allow the applicant access to the rear and side yard areas of the site.  This setback (although modest) would allow   some degree of  access in and around the subject rear and side yard areas.  The applicant would be able remove litter and debris that might collect in that area, keep the grass cut, and eliminate the need for the abutting property owner to grant access easements to the applicant. 

 

Staff feels it important to note that the neighboring property to the west will likely be redeveloped at some point in the future.  If however the applicant is granted a side yard setback, allowing the proposed building structure to be constructed with a zero (0) side yard setback, it is possible that such a site placement could limit and/or restrict the physical manner in how the neighboring property is developed.  The location of the proposed new building would create a substantial physical encroachment on this neighboring property,  hence influencing the potential site placement of buildings and other improvements that could be constructed on that site.  It is also possible that the applicant’s proposed building location and site layout, could influence or require the neighboring property owner to also seek zoning variances in the development of that site.    

 

2.  The variances are requested owing to conditions deemed peculiar to the property and not the result of any actions taken by the applicant.  The property is approximately 21,780 square feet in size and originally developed as a residential property.  The subject site and abutting property to the west, were formally annexed into the City in July 1999.  The subject site is rectangular in shape, relatively flat, with little or no pronounced surface sloping, and primarily devoid of mature plantings or trees.  Based on the information as provided, staff found nothing physically odd or unique about the subject site that would support the extent of the zoning variances as requested by the applicant.  While staff would agree the subject site is somewhat modest in size, based on the information as provided, coupled with field observations, there is no evidence the site’s topography requires the applicant to locate the building as proposed.  

 

A literal enforcement of the Zoning Ordinance would result in practical difficulty for the applicant.  If the requested variances are not granted, staff believes the proposed site development could still proceed but at a lesser scale.  If the size of the building is reduced to allow for a minimum of five (5) foot side and rear yard setbacks, the applicant would still be able to proceed with the project.  Staff believes the recommended five (5) foot setbacks make it possible to develop the site as proposed.  Thus, staff has recommended that modified zoning variances of 15 feet are granted in lieu of the 20 foot side and rear yard setbacks as required in the I-1 zone. While the recommended setbacks of five (5) are extremely modest, staff believes that they represent a reasonable compromise and provides the applicant full use of the subject property. 

 

Based on all of the afore noted factors, staff finds adequate justification to recommend Variance Application APP99-0717 be approved subject to the conditions referenced on page two of this staff report. 

 

COMMUNITY NOTIFICATION PROCESS

 

Notification cards were sent to 187 property owners within the subject site area, informing them of the application request and pending Planning Commission meeting and Board of Appeals public hearing, where the request will be publicly heard and considered.  A list of addresses is contained in the project's application file for public review and inspection.

 

List of attachments:

Exhibit “1” - Site Area Composite

Exhibit “2” ­ Proposed Site Plan

Exhibit “3” ­ FSD/Existing Site Conditions

Exhibit “4” - Building Floor Plan

Exhibit “5” ­ Building Elevation Drawings