Board of Zoning Appeals

SPECIAL EXCEPTION NO. 004-15 OFFICIAL DECISION BOARD OF APPEALS TOWN OF POOLESVILLE, MARYLAND ************************ Applicant: Stefan Burtea and Frank Bell 20010 Fisher Avenue, Unit B Poolesville, Maryland 20837 APPLICANT Request: To grant a Special Exception to allow the sale of pre-owned vehicles and parking of those vehicles at the rear of the property. Location: 20010 Fisher Avenue, Unit B, Poolesville, Maryland An application was filed by Stefan Burtea and Frank Bell, the owners and operators of the ASO CO, Inc. to allow the sale of pre-owned vehicles and parking of those vehicles at the rear of 20010 Fisher Avenue. The Board of Appeals held a public hearing on December 21, 2015 at 7 p.m. on the application, and based on the record, in compliance with the State Open Meetings Act, granted the request as set forth in the written Official Decision of the Board. Notice of the date, time and place of the hearing on the consideration of the Special Exception request was sent to contiguous property owners and published in the appropriate newspaper of general circulation. Sitting for the Board were Pilar Garrett, Dennis Minor, Ralph Hitchens and Patricia Wolford. SUMMARY OF TESTIMONY At the public hearing on this application, the Chair read the contents of the official file into the record of this matter and then called a representative of the Applicant, Frank Bell, to testify on behalf of the Applicant. Mr. Bell stated that the Applicant currently operates Poolesville Auto Body. In attempt to clean up the location of that operation and make it look more attractive and professional, they wish to lease space at 210B for an office to sell used car fixed by the business and storage and show those cars 1 at the rear of that location. He stated that these cars will be late and low-mileage cars and will not be “clunker” cars. He anticipates between 5 and 12 cars will be on the lot at any one time. There will be no service/repairs to the vehicles on-site as they will be done at Poolesville Tire/Auto and Poolesville Auto body. The planned business hours are 9 am to 9 pm Monday through Sunday. There was no public comment offered in this matter. The Chair then closed the hearing on the matter. FINDING OF FACT The Board of Appeals met in public session, pursuant to the requirements of the Maryland Open Meetings Act, to deliberate upon the application immediately following the public hearing. In considering the criteria for granting a Special Exception contained in Section 10 (D)(2) of the Zoning Code, the Board deliberated on the testimony and evidence presented. The Board members each expressed their position on the proposed Special Exception. The Board finds that the Applicant presented credible evidence to indicate that the proposed use would be in harmony with the general purpose and intent of the zoning of the area and would not adversely affect the use and development of the neighborhood. The Board further finds that the proposed use would benefit the Town by adding additional service to the community and making existing business areas more attractive and professional. The Board finds that the Applicant presented credible evidence to indicate that the granting of the proposed Special Exception will not be contrary to the public interest, but cautioned the Applicant that such approval could be revoked if the circumstances change and complaints are received. 2  The Board finds that the Applicant has met the burden of proof as required under the requirements of the Zoning Code for the granting of a Special Exception. The application, testimony, and evidence comprising the record of this case are hereby included by reference in this decision. Ms. Wolford made a motion to grant the requested Special Exception as outlined in the Application. The motion was seconded by Mr. Minor. Upon a vote by the Board the decision was three (3) in favor of the motion and zero (0) opposed. RESOLUTION The Board is bound by the provisions of Section 10 (D)(2) of the Zoning Ordinance of the Town of Poolesville, Maryland relative to the granting of a Special Exception. This Board finds that the criteria necessary for granting a Special Exception has been met. In accordance with the findings of fact, testimony and record of this case, and based on the applicable law and reasoning expressed herein, the Board of Appeals of the Town of Poolesville, Maryland, grants by the Resolution contained hereafter, by a decision of 3-0, a Special Exception to allow the proposed use as outlined by the testimony and Application. BE IT RESOLVED by the Board of Appeals for the Town of Poolesville, Maryland, that the Opinion stated above be adopted as the Resolution required by law as its decision in the above-entitled matter. The foregoing Resolution was approved on December 21, 2015 by a 3-0 vote of the Board. ______________________________ Pilar Garrett, Chair 3  SPECIAL EXCEPTION NO. 005-15 OFFICIAL DECISION BOARD OF APPEALS TOWN OF POOLESVILLE, MARYLAND ************************ Applicant: Rob and Michelle Hopkin 16829 Budd Road Poolesville, Maryland 20837 APPLICANT Request: To grant a Special Exception to allow the operation of a home occupation of a home inspection company which employs outside employees. Location: 16829 Budd Road, Poolesville, Maryland An application was filed by Rob and Michelle Hopkins, the owners and operators of an existing Home Inspection Company that wishes to operate as a Home Occupation which will employ outside employees at 16829 Budd Road, Poolesville, Maryland. The Board of Appeals held a public hearing on December 21, 2015 at 7 p.m. on the application, and based on the record, in compliance with the State Open Meetings Act, granted the request as set forth in the written Official Decision of the Board. Notice of the date, time and place of the hearing on the consideration of the Special Exception request was sent to contiguous property owners and published in the appropriate newspaper of general circulation. Sitting for the Board were Pilar Garrett, Dennis Minor, Ralph Hitchens and Patricia Wolford. SUMMARY OF TESTIMONY At the public hearing on this application, the Chair read the contents of the official file into the record of this matter and then called a representative of the Applicant, Rob Hopkins, to testify on behalf of the Applicant. Mr. Hopkins indicated that he and his family have been operating a Home Inspection Company since 1995 out of their existing residence. This company does not have any on-site customers or traffic, but rather is the 1 administrative headquarters for the inspection company which employees travel to a specified property to perform the home inspection. Since founding this business it has grown requiring additional employees and company vehicles outgrowing the current location and causing parking and other issues at the current site. The proposed site, the subject of this Application, is owned by the Applicant and is where their son lives. This property is completely screen from all neighbors and the street; and has adequate parking for the company and personal vehicles which would be parked there. Employees report to the location to pick up the company vehicle. Some employees perform tasks such as bookkeeping and answering phones at the site. There is no storage, customer visits, or deliveries to the property. Mr. Hopkins stated that this location would be better for the community as it would be screened, which is better than the present location. The current driveway can accommodate 15 to 18 vehicles. There are no plans to change the look of the property or make any exterior alterations. There is no need for a sign. There was no public comment offered in this matter. The Chair then closed the hearing on the matter. FINDING OF FACT The Board of Appeals met in public session, pursuant to the requirements of the Maryland Open Meetings Act, to deliberate upon the application immediately following the public hearing. In considering the criteria for granting a Special Exception contained in Section 10 (D)(2) of the Zoning Code, the Board deliberated on the testimony and evidence presented. The Board members each expressed their position on the proposed Special Exception. 2  The Board finds that the Applicant presented credible evidence to indicate that the proposed use would be in harmony with the general purpose and intent of the zoning of the area and would not adversely affect the use and development of the neighborhood. The Board further finds that the proposed use would benefit the Town by keeping a growing business in the community and removing a home based occupation from a current location which has been outgrown and potentially affects the residential area. The Board finds that the Applicant presented credible evidence to indicate that the granting of the proposed Special Exception will not be contrary to the public interest, but cautioned the Applicant that such approval could be revoked if the circumstances change and complaints are received. The Board finds that the Applicant has met the burden of proof as required under the requirements of the Zoning Code for the granting of a Special Exception. The application, testimony, and evidence comprising the record of this case are hereby included by reference in this decision. Mr. Hitchens made a motion to grant the requested Special Exception as outlined in the Application subject to the condition that no more than 15 vehicles may be parked in the driveway and that any further expansion must obtain Board approval. The motion was seconded by Mr. Wolford. Upon a vote by the Board the decision was three (3) in favor of the motion and zero (0) opposed. RESOLUTION The Board is bound by the provisions of Section 10 (D)(2) of the Zoning Ordinance of the Town of Poolesville, Maryland relative to the granting of a Special Exception. This Board finds that the criteria necessary for granting a Special Exception 3 has been met. In accordance with the findings of fact, testimony and record of this case, and based on the applicable law and reasoning expressed herein, the Board of Appeals of the Town of Poolesville, Maryland, grants by the Resolution contained hereafter, by a decision of 3-0, a Special Exception to allow the proposed use as outlined by the testimony and Application, subject to the conditions outlined herein. BE IT RESOLVED by the Board of Appeals for the Town of Poolesville, Maryland, that the Opinion stated above be adopted as the Resolution required by law as its decision in the above-entitled matter. The foregoing Resolution was approved on December 21, 2015 by a 3-0 vote of the Board. ______________________________ Pilar Garrett, Chair 4