Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY September 8, 2015, at 6 PM City Hall, 1838 Emerald Hill Lane A meeting of the City of Westminster Board of Zoning Appeals was held at City Hall, located at 1838 Emerald Hill Lane in Westminster, Maryland 21157, on September 8, 2015, at 6 PM. Chair Ed Cramer, Board Member Laura Matyas, Board Member Larry Berent, Board Attorney Eric Blitz of Web & Wolf, LLC, Consultant Chris Jakubiak and City staff members, Bill Mackey and Andrew Gray, were present. Mr. Ronald Eugene Hardesty and Cassie Glunt were present. Board Member Berent moved to approve the minutes from the Board of Zoning Appeal (BZA) meeting in July 2015. Motion was seconded by Chair Cramer. Motion passed unanimously. At the meeting, the Board conducted a public hearing on Case No. 15-04, an application by Mr. Ronald Eugene Hardesty, for approval of a variance of the rear yard setback from the required 50 feet to eight feet. The setback standard is set forth in City Code under § 164-26 C. The purpose of the variance is for the installation of a swimming pool at 101 Masters Court. At 6:01 PM, Chair Cramer called the meeting to order and opened the public hearing. The Chair stated the purpose of the hearing and summarized Case No. 15-04 by reading the official public notice. The Chair then swore in all parties who would be testifying. Mr. Jakubiak summarized the staff report and associated exhibits. Mr. Jakubiak informed the Board that the City would require fencing around the pool. The fencing is required to be at least four feet in height with a self-latching gate for safety. Discussion ensued and exhibits were entered into the record. During the course of the public hearing, the applicant, Mr. Hardesty who represented himself, testified that the eight-foot proposed setback would be the distance from the property line to the outside edge of the decking located around the perimeter of the pool. Pursuant to § 3-305 (b)(7) of the General Provisions Article of the Annotated Code of Maryland, Board Member Matyas moved for a closed session to consult with and obtain legal advice on a legal matter from the Board of Zoning Appeal’s Attorney Eric J. Blitz. Motion was seconded by Chair Cramer. Motion passed unanimously. Closed session began at 6:57 PM and ended at 7:25 PM. The Board Members present during the closed session were Chair Cramer, Board Member Berent and Board Member Matyas. Upon returning from the closed session, Board Attorney Blitz reported on behalf of the Board and for the record the legal basis upon which the meeting was closed. During the public discussion, Chair Cramer read an anonymous letter addressed to Mr. Jakubiak and Mr. Gray. Discussion ensued about whether or not to enter the letter as evidence. Board Member Berent made a motion not to accept the letter as evidence. Motion was seconded by Chair Cramer. Motion passed unanimously. Chair Cramer closed the public testimony portion and opened the Board deliberations portion. Discussion ensued. Following the discussion, Chair Cramer moved to approve a variance of the rear yard setback from the required 50 feet to eight feet for the subject property. Motion was seconded by Board Member Berent. Motion passed unanimously. The Board adjourned at 7:54 PM. BZA Meeting Summary 2015-09-08 2 of 2