Rockville Planning Commission
Minutes

 Mayor and Council Chambers
Meeting No. 06-06
March 22, 2006, 7:00 p.m.

The City of Rockville Planning Commission convened in regular session in the Mayor and Council Chambers at 7:00 p.m., Wednesday, March 22, 2006.
    

RECOMMENDATION TO THE BOARD OF APPEALS

Special Exception Application SPX2005-00355, Melissa Lizama – for a two bedroom accessory apartment unit in the existing dwelling in the R-60 Zone at 211 Charles Street.

Mr. Chasten presented the staff report.  Mr. Chasten stated that the property is located in the southeast quadrant of Charles Street and McArthur Drive.  The property is approximately 12,776 square feet in size and is located in the residential subdivision of Harriett Park.  The applicant plans to renovate the basement level of her home, which presently has a small kitchen that contains a stove, sink, wall cabinets, and a refrigerator.  The applicant affirms that when she purchased the home, there was a small kitchen already existing on the basement level of the home.  She wishes to retain and move the kitchen to the south side of the house, which is part of the planned renovation project.  The applicant proposes to establish a one or possibly two bedroom accessory apartment for her son.  The accessory apartment will have a living room and dining area, a bathroom, a formal bedroom and studio and a kitchen.  Access to the unit will be via an existing exterior basement door located on the rear east side of the dwelling and a proposed new patio door that would be located on the south side of the dwelling, which would enter onto a proposed new uncovered deck.  

The Commission raised a number of questions with regard to the request:  whether the accessory unit could be occupied by non-relatives in the event the applicant’s son moves out of the unit; what constitutes an accessory apartment such as separate living quarters, the presence of an additional kitchen within a single family dwelling; accessory living units and compliance with applicable fire, safety, and building codes; and factors that may trigger expiration of the special exception such as failure to comply with conditions of the special exception approval, lack of continued use of the unit, or, in the event the applicant no longer resides in the dwelling, and the dwelling is no longer found to be the applicant’s primary residence as defined by the Zoning Ordinance. 

Melissa Lizama and her translator testified.  The translator presented request.  She stated that Ms. Lizama’s son wants to be independent and she will allow him and his girlfriend to live downstairs with his own entrance.  She said that Ms. Lizama’s son will have a lease and will pay rent.

In response to Commissioner Hilton, the translator stated that Ms. Lizama accepts all conditions. 

Commissioner Johnson asked if Ms. Lizama had spoken to any neighbors to see if they supported her request.  The translator explained that Ms. Lizama is renovating her home and because there was water damage to the basement as a result of water leakage from dishwasher, everything had to be torn down, and during this process, one of her neighbors told her that because there is a second kitchen in her house, she should go to the City to find out whether she could put the walls back up.  This is how she found out about the special exception requirement. 

Mr. Chasten stated that when Ms. Lizama came to the City about her renovation, she told Inspection Services that she wanted to replace the appliances in the basement and this is when Planning staff was informed about the matter.          

In response to the Commission, Ms. Lizama said she would be willing to have the accessory apartment inspected once a year. 

Commissioner Hilton moved, seconded by Commissioner Britton to recommend approval of Special Exception Application SPX2005-00355 to the Board of Appeals per staff recommendations.  The motion passed unanimously.

COMMISSION ITEMS

Old Business

Lincoln Park Neighborhood and Conservation Plans – for an update of outreach efforts to date and proposed schedule.

Mr. Wasilak updated the Commission on the Lincoln Park Neighborhood and Conservation Plans meetings.  He noted that another public meeting could occur on April 26.  A third meeting will be in April to discuss Lincoln Park plans.  He noted that after the continued public hearing, staff anticipates instructions and editing of the plans. 
Ms. Christensen presented an update of the Plans.  She said that there are copies of the minutes at the community center.  Ms. Christensen said that as soon as she finds out the date of the public hearing, mailings will go out on Friday. 

After further discussion, May 10 was selected for the second public hearing. 

Renaming of Newmarket Street

Mr. Wasilak explained the Mayor and Council’s request that the Planning Commission  rename Newmarket Street.  He noted that Commerce and Newmarket Streets were not approved by Park and Planning. 

Commissioner Ostell proposed Gibbs Lane or Street, which would be named after William Gibbs, a teacher.  She presented a history of William Gibbs.  Mr. Gibbs fought to raise black teachers pay to equal white teachers pay. 

Ms. Christensen stated that there will be plaques placed in the Town Center when there is space to put the plaques.

The Commission discussed the new name. 

Commissioner Johnson moved, seconded by Commissioner Hilton to recommend Gibbs Street to the Mayor and Council.  This will be reaffirmed on April 5.  The motion passed unanimously. 

Commissioner Hilton commented on the Civic Association newsletter from Fallsgrove.  He said there is a list of things they find fault with Fallsgrove.  He recommended the Planning Commission read the newsletters for future developments. 

Chief of Planning Report

Mr. Wasilak stated that the next Commission meetings will be on April 5 and 19th.  He said that many items are coming up.  Commissioner Hilton said that he may not be able to make the April 19 meeting. 

Mr. Wasilak updated the Commission on upcoming agenda items such as the monopole for Twinbrook Mart, Champion Billiards, a special exception for a gas station on Frederick Avenue, a petition for abandonment on Joseph Street and others.

The Zoning Ordinance Review Committee met last night.  They will be meeting again during the  next six weeks.

Mr. Wasilak presented an update on Stonestreet.  He said the task force will meet tomorrow evening.  The last meeting was on March 9, and they discussed permitted uses in the new zone.  They will also be discussing development standards and grandfathering. 

Mr. Wasilak stated that the Twinbrook Plan process is underway.  The first draft will be seen next month. 

Minutes

Commissioner Hilton moved, seconded by Commissioner Holtz to approve the minutes of Meeting No. 1-06 as written.  The motion passed on a vote of 4-0-2 with Commissioners  Britton and Johnson abstaining.

ADJOURN

After further discussion, the meeting adjourned at 7:54 p.m.