Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, July 11, 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, 1838 Emerald Hill Lane in Westminster, Maryland, 21157, on July 11, 2017, at 6 PM. Chair Ed Cramer, Vice-Chair Larry Berent and Board Member Ken Bonner were present. Board Attorney Eric Blitz was present. City staff Andrew Gray and William Mackey were present. Mr. Al Betz of Al Betz & Associates, Inc. was present. The following were present and signed-in: Toby Savage, Dan Murphy, Mike Mitchey, Cammy Hipp, Dave Howe, Gertrude Leister, and John Lemmerman. At 6:00 PM, Chair Cramer called the meeting to order. Board Member Bonner moved to approve the meeting summary of May 2, 2017. Vice-Chair Berent seconded. The motion passed. Chair Cramer opened the public hearing for Case #17-02. The Chair stated the purpose of the hearing and read the title into the record. The Chair swore in Mr. Mike Ritchey, Ms. Cammy Hipp, and Dave Howe. Chair Cramer asked Mr. Gray to present the City Staff Report. Mr. Gray summarized the staff report, dated July 6, 2017, with a recommendation that the Board of Zoning Appeals carefully consider the proposed variance, as it relates to the new configuration of the surrounding neighborhood, based on the evidence and testimony provided during the hearing. This was submitted into the record as Exhibit #3A. Mr. Mike Ritchey, counsel for Best Western, introduced himself and introduced/cross examined Cammy Hipp and Dave Howe. Testimony included background information and the differences of the proposed field signage from the existing. Ms. Hipp testified the new signage will increase walk- in traffic which ultimately helps adjacent businesses. Mr. Howe testified the signage would not be detrimental to the surrounding area and new signage would draw people into the hotel. Discussion included; how the original sign, approved by the Board in 1991, was 25 feet in height; the existing sign appearing to be taller than 25 feet in height; Best Western not being certain of the current height of the existing sign; whether the homeowner’s association was contacted; lack of photo simulations; and having a third party measure the height of the existing sign and reporting the verified height back to the City. Board Member Bonner made a motion to approve the amended application given that signage will stay at the current height. Vice-Chair Berent seconded. The motion passed unanimously. Chair Cramer opened the public hearing for Case #17-04. The Chair stated the purpose of the hearing and read the title into the record. The Chair swore in Mr. Dan Murphy, Toby Savage, Stacy Savage, and John Lemmerman. Chair Cramer asked Mr. Gray to present the City Staff Report. Mr. Gray summarized the staff report, dated July 6, 2017, with a recommendation that the Board of Zoning Appeals carefully consider the proposed variance, as it relates to the configuration of the surrounding neighborhood, based on the evidence and testimony provided during the hearing. The City Staff report was submitted into the record as Exhibit #2. Mr. Dan Murphy, Counsel for the applicant, introduced himself and introduced/cross examined John Lemmerman, Toby Savage, and Stacy Savage. Mr. Murphy noted a disagreement with the proposed variances identified in the City Staff report, explaining that nothing is going to change except the subdivision. Mr. Murphy cross-examined Mr. Lemmerman about the proposed subdivision, City Code requirements, and differences in code requirements between semidetached and conversion dwellings. Discussion ensued on parking requirements and the use of the building located on lot one. The City proposed this structure should be considered a conversion dwelling. Applicants testimony proved this building was a semidetached dwelling. Pursuant to § 3-305 (b)(7) of the General Provisions Article of the Annotated Code of Maryland, Board Member Berent 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 Board Member Bonner. The motion passed unanimously. The Closed meeting started at 7:46 PM and ended at 8:19 PM and was held in the Mayor’s office, adjacent to the City Council Chamber. Mr. Blitz stated for the record that no action or deliberation took place during the closed session. The Board reviewed all variances that the City proposed and determined, after testimony, which variances applied and which variances did not apply. For lot one, it was decided that a variance was needed from the parking requirement of four spaces to allow three parking spaces; a variance from the required lot width of 90 feet, in order to allow a lot width of 84 feet; a variance from the minimum required front yard of 30 feet, in order to allow a front yard of 11.5 feet on the George Street side; and a variance from the minimum required rear yard of 50 feet, in order to allow a rear yard of 29 feet. Lot two variances include, a variance from the minimum required rear yard of 40 feet, in order to allow a rear yard of 16.5 feet; and a variance from the minimum off-street parking requirements of 10 feet from any street or curb and five feet from any residential lot line in order to allow off-street parking located zero feet from the alley and zero feet from the residential lot line and allowing direct access for parking. Page 2 of 3  Board Member Bonner made a motion to approve all six variances on a condition of subdivision. Chair Cramer seconded. The motion passed unanimously. Board Member Bonner made a motion to adjourn. The Board adjourned at 9:08 PM. Edwa~Cramer, Chai Westminster Board of Zoning Appeals Adopted on October 3, 2017 Page 3 of 3