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CITY OF ROCKVILLE PLANNING DIVISION
STAFF REPORT
March 17, 2000
SUBJECT:
Variance Application APP2000-00723
Applicant: Advanced TelCom Group, Inc.
117 West Patrick Street
Frederick, MD 21701
Property Owner: Dover Properties, LLC
515 Dover Road, Suite 2100
Rockville, MD 20850
Property Location: 515 Dover Road
Planning Commission Review Date: March 22, 2000
Board of Appeals Public Hearing Date: April 8, 2000
REQUEST:
The applicant is requesting a variance from the side yard setback requirement in order to place a stand-by power generator within six feet of the adjoining property line in the I-1, Service Industrial Zone.
STAFF RECOMMENDATION:
Approval of the requested variance.
ANALYSIS:
Property Description - The subject property is an irregularly shaped parcel of 3 acres developed with a service industrial building of approximately 97,920 square feet. The building was completed in 1999. The site also includes 128 parking spaces and a small stormwater management pond. The building was built as a speculative building and is fully leased.
Applicant's Proposal - One of the companies currently leasing space within the building is the applicant, Advanced TelCom Group, Inc. This company provides telephone access to emergency services such as fire, police and ambulance. Because of the critical nature of this function, it is necessary to have a backup generator on-site to ensure uninterrupted service in the event of a major power outage or other emergency.
The generator unit is incorporated into a self-contained enclosure designed to be compatible with the surrounding area. The structure is approximately 12-feet in height and just over 20 feet long. It is tan in color and rectangular, with a flat roof. There is a door at one end of the structure for maintenance access. The applicant is desirous of placing the generator behind the building, within the required twenty-foot setback area, on an existing concrete slab. The generator structure would be within six feet of the property line, necessitating a variance of 14 feet.
Applicable Section of the Zoning Ordinance
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 variance as requested will not be contrary to the public interest. The generator unit will be unobtrusive at this location. It is basically a big metal box connected to the building by power lines. Because it is located in the rear of the building, it will not be visible from the main entrance to the building, or from the street. Since this is an industrial area, an industrial piece of equipment is in keeping with the existing visual and architectural elements of the property and the surrounding area.
2. The variances are requested owing to conditions peculiar to the property and not the result of any actions taken by the applicant. The entire site is covered with parking and a stormwater management area, leaving very little usable space for location of the required generator unit. The tenant who requires the unit did not develop the building and the need for the generator was not apparent when the building was first built. Therefore, the applicant did not cause the need for the variance.
3. A literal enforcement of the Zoning Ordinance would result in practical difficulty for the applicant. The generator is required for the efficient functioning of the tenant. There is no other location on the property that would be appropriate for the technology. Therefore, the requested variance would result in practical difficulty because the generator could not be provided to ensure back-up power for the telecommunications system that the tenant maintains.
COMMUNITY NOTIFICATION PROCESS
Notification cards were sent to approximately 200 property owners within the geographic area of the subject property, informing them of the application request and pending future considerations. A list of addresses is contained in the file and is available for public review.
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