April 24, 2012 | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

April 24, 2012

Minutes
Tuesday, April 24, 2012

 

The Board of Appeals held its regularly scheduled meeting on Tuesday, April 24, 2012 at 7:00 p.m. in the Commissioners Meeting Room of the Charles County Government Building, La Plata, Maryland.

The following were present:

 Luke Hannah, Vice Chairman
Jean Schappet, Member
Natalie McKinney, Member
Cindy Terry, Alternate
Amanda Hill, Assistant County Attorney
Shelley Wagner, Planning
Cyndi Bilbra, Planning
Carrol Everett, Clerk

Prior to commencement of the public hearing, the Board of Appeals Members met for an open executive work session in the Law Library Conference Room, County Government Building.  The purpose of the work session was for staff review of the agenda for the public hearing and to organize and review case files and exhibits.

The Vice Chairman called the meeting to order at 7:00 p.m. and stated there was a quorum.   The Chairman and Brendan Moon were absent.

The Vice Chairman announced the process by which all Board of Appeals hearings are to be conducted.

7:04 PM, Public Hearing:  Docket #1280 – Terry Walton, for a variance to reduce the side building restriction line for a garage addition, as provided in Article VI, Section 297-90 and Article XXV, Section 297-416 of the Charles County Zoning Ordinance.

Ms. Hill stated there was adequate compliance with the notification requirements.

Cyndi Bilbra, Planning Staff, summarized the Special Exception request using a location map, zoning map and aerial photo for visuals as follows:

• The proposed parcel is located on Route 227 and currently zoned Medium Density Residential (RM).
• The Applicant is proposing to convert part of the existing garage to a two (2) car garage.
• The minimum side building restriction line is 12 ft; however, they are proposing 8’ to the property line (4 ft variance).
• Special circumstances exist in that the property narrows by 12 ft. once you get to the back of the property.
• Would deprive property owner rights commonly shared by other owners in the area.
• Desired addition not built; therefore, request is not self-created.
• Applicant does not claim greater profitably or lack of knowledge of the restrictions.
• Proposed use is permitted and is consistent with the Comprehensive Plan.

The Vice Chairman swore in the Applicant:

Kevin Hardin
6600 Dobbins Pl
La Plata, MD

Mr. Hardin is representing the Applicants.  He gave a brief description of the proposal.  The owners have several classic vehicles that they would like to store in the garage.  They currently have a one-car garage.  They park on the street and recently suffered vandalism.

Questions from the Board included the following:  Do all of the lots within the community have one-car garages?  Is there an HOA within the community?

There were no further questions from the Board.

Actions by the Board

A MOTION was made by Ms. Schappet, seconded by Ms. Terry, to approve a variance
for Docket #1280.   With all voting in favor, the MOTION passed.

7:10 PM, Public Hearing:  Docket #1285 – Crouse Engineering, Inc., c/o Angelo Brothers, LLC, for a commercial variance to the restriction that the building façade occupy at least 80% of the street frontage as provided in Article VI, Section 297-95 and Article XXV, Section 297-416 of the Charles County Zoning Ordinance.

Cyndi Bilbra, Planning Staff, summarized the Special Exception request using a location map, zoning map and aerial photo for visuals as follows:

• Property located off of Billingsley Road
• The current zoning Core Employment/Residential Zone (CER)
• Applicant is proposing the building façade to occupy 66 percent of the street frontage.

The Vice Chairman swore in the representative for the Applicant:

Ken Crouse
3215 Leonardtown Rd.
Waldorf, MD 20602

Mr. Crouse began testimony.  He stated that they cannot physically make the building fit on the property and comply with the regulations.   He worked with County Staff  preparing different layouts.  He attempted to work with the neighbors on both sides of the property for either a property swap, adjustment of property lines or to purchase property for an easement.  Both neighbors rejected their proposals.

The Applicant is asking for the building facade to occupy 66% of the street frontage in order to get  an entrance in that meets County standards.  To meet the zoning criteria, the building will be two stories.  The owner is proposing to construct an automotive repair center on the property.

Miss Bilbra concluded that Staff recommends approval due to the narrowness of the lot which does not provide sufficient road frontage.

Actions by the Board

A MOTION was made by Ms. Schappet, seconded by Ms. McKinney, to approve the variance for Docket #1285.  With all voting in favor, the MOTION passed.

A MOTION was made by Ms. Schappet, seconded by Ms. McKinney, to approve the Minutes for April 10, 2012.  With all voting in favor, the MOTION passed.

The meeting adjourned at 7:30 p.m.