Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, March 7, 2017, 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 March 7, 2017, at 6 PM. Chair Ed Cramer, Vice Chair Larry Berent, and Alternate Board Member Dan Hoff were present. Board Attorney Eric Blitz was present. City staff Andrew Gray and Bill Mackey were present. Mr. Al Betz of Al Betz & Associates, Inc. was present. The following were present and signed-in: Mr. David Crocetti, Mr. Wade Harden, Ms. Robyn J. Clark, Ms. Lisa Massengill, and Mr. Stephen Biale. At 6:00 PM, Chair Cramer called the meeting to order. Vice Chair Berent moved to approve the meeting summary of November 1, 2016. Board Member Hoff seconded. The Chair abstained, having not been present on November 1, 2016. The motion passed. Vice Chair Berent moved to approve the closed session summary. Board Member Dan Hoff seconded. The Chair abstained, having not been present. The motion passed. Chair Cramer opened the public hearing. The Chair stated the purpose of the hearing and read the title of Case No. 17-01 into the record. The Chair swore in parties who would be testifying. Mr. Gray summarized the staff memo, dated March 3, 2017, as amended, clarifying there are 29 parking spaces provided on-site, and the date for posting the agenda on line was February 3. Mr. David Crocetti, the applicant, presented testimony regarding the application for a special exception. Mr. Crocetti suggested that there might be temporary, seasonal seating outdoors at some point. Mr. Crocetti reported that the application would reduce the internal seat count of the former Kentucky Fried Chicken from 90 to 74 seats for the proposed Sonic. There would be six employees per shift at any given time, and there would be multiple shifts. Adopted May 2, 2017 Mr. Wade Harden of Sonic's national offices reported that the proposed canopy stalls, where curbside service would be provided, can also be used as parking spaces in inclement weather. Mr. Harden and Mr. Crocetti described additional parking striping that was not on the site plan. Also, flow was discussed as well as the potential to stack ten cars in the drive-through with pull- out service to allow customers to leave, if their orders were ready earlier than others in line. Board Member Hoff calculated that 74 seats require 18.5 parking spaces, and six employees per shift requires 3 parking spaces. Therefore, 21.5 parking spaces are required, in addition to the ten canopy spaces provided. Thus, a total of 31 parking spaces need to be provided. Mr. Hoff noted the submitted parking agreement with Town Mall (Exhibit 3) provided sufficient parking. Board Attorney Eric Blitz requested a review of the adjacent uses in the staff report, concluding that all of the uses that are located adjacent to the proposed special exception are commercial. At 6:53 PM, Chair Cramer closed the public testimony portion of the meeting and opened the Board deliberations portion. Discussion ensued. Board Member Hoff noted the required parking is met by the agreement with Town Mall, which was submitted as evidence. Vice Chair Berent confirmed that the required parking had been analyzed well. Chair Cramer noted that concerns over flow and traffic circulation on the site had been addressed by the applicant as part of the testimony. Board Member Hoff moved to approve the special exception pursuant to §164-170, Conditions for grant a special exception, based on the evidence on record. The motion passed 3 - 0. Vice Chair Berent moved for signs to be approved by City staff per §164-121 Din City Code. Board Member Hoff seconded. The motion passed 3 - 0. The Board adjourned at 6:59 PM. Ed~ Westminster Board of Zoning Appeals Adopted May 2, 2017 2 of 2