Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, July 17, 2018, 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 July 17, 2018, at 6 PM. Chair Ed Cramer, Vice Chair Larry Berent, and Board Member Ken Bonner were present. Also present were Board Attorney Eric Blitz, Westminster City Attorney Elissa Levan, and Ms. Tierney Dedmon of Al Betz & Associates, Inc. Also in attendance were City staff members Andrew Gray and Bill Mackey. The following were present and signed in: John Maguire, Esq.; Rev. Mark Bialek; Vincent C. Pacelli; Jennifer Murphy, MD; Ryan Kyle; and Tim Kyle. At 6:00 PM, Chair Cramer called the meeting to order. Vice Chair Berent moved to approve the meeting summary of March 6, 2018. Chair Cramer seconded. The motion passed. Chair Cramer opened the public hearing for Case #18-03. The Chair stated the purpose of the hearing and read the title into the record. The Chair swore in all parties who wished to testify. Chair Cramer asked Mr. Gray if there was anything he would like to add. Mr. Gray summarized the main points in the staff report, dated July 13, 2018, with a recommendation for the approval of this request to affirm the proposed office use as a similarly appropriate use in this zoning district, per§ 164-136 B, which grants the Board the authority to make such a determination. Mr. Tim Kyle of Kyle Family, LLC, described his current business and why the business needs additional space . Mr. Kyle mentioned the current parking configuration and future parking needs, along with the existing and proposed use of the property. Mr. Ryan Kyle described the services that would be provided to employees in the training room to be constructed. Vice Chair Berent inquired about a nonconforming use definition. Board Member Bonner requested the legal definition for structural alterations. Board Attorney Blitz responded to the questions raised by the Board. Chair Cramer inquired about the neighborhood around the existing business and the description of the intended use. The Board also reviewed the criteria for determination with the applicant. Vice Chair Berent made a motion to approve the request to alter the nonconforming use. Chair Cramer seconded. The motion passed. Chair Cramer opened the public hearing for Case #18-04. The Chair stated the purpose of the hearing and read the title into the record. The Chair swore in parties as they testifed. Chair Cramer asked Mr. Gray if there was anything he would like to add. Mr. Gray summarized the main points in the staff report, dated July 13, 2018, with a recommendation that the Board of Zoning Appeals carefully consider the applicant's appeal of the Zoning Administrator's determination that the proposed use is a medical office use and is therefore not a permitted use in the R-7,500 Residential Zone where the property at 11 Wimert Avenue is located. City Attorney Levan provided an opening statement and questioned Zoning Administrator Bill Mackey. An email from Mr. Mackey to Mr. John Maguire, who represents the applicant, was discussed. The email contained Mr. Mackey's determination, . which was the subject of the appeal. Mr. John Maguire, Attorney for the applicant, cross-examined Mr. Mackey. Mr. Maguire provided an opening statement that included background on the proposed use and the current ownership of the property. Mr. Maguire questioned Rev. Mark S. Bialek, Pastor of St. John Roman Catholic Church, regarding his background and history with St. John, the existing uses at the combined church and school campus, and past and current uses of the church-owned property at 11 Wimert Avenue. Ms. Levan cross-examined Rev. Bialek. Pursuant to§ 3-305 (b)(7) of the General Provisions Article of the Annotated Code of Maryland, Board Member Bonner 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 Vice Chair Berent. The motion passed unanimously. The closed session started at 8:04 PM and ended at 8:09 PM and was held in the Mayor's Office, adjacent to the Council Chambers. Mr. Blitz stated for the record that the Board closed its session for five minutes to discuss with counsel a legal question with respect to the relevancy of evidence and the ability to foreclose information that might not be relevant. All three Board members were in attendance during the session. No actions were taken. There were no rulings on the evidence, and no deliberations occurred. Mr. Maguire questioned Mr. Vince Pacelli, the Executive Director of Tender Care Pregnancy Centers, Inc., regarding his background, existing and proposed Tender Care Pregnancy Centers, types of service offered, possible building improvements, impacts to public utilities, staffing, Page 2 of 3 possible signage, and the number of existing facilities . City Attorney Levan cross-examined Mr. Vince Pacelli. Mr. Maguire questioned Jennifer Murphy, M.D., regarding her background and credentials, operating hours at Tender Care Pregnancy Centers, types of medical tests conducted at the Centers, and her professional opinion on the proposed use at 11 Wimert Avenue. City Attorney Levan cross-examined Dr. Murphy. The Board closed testimony since there was no one else to speak. Chair Cramer expressed that the proposed care center was customarily incidental to Saint John's Roman Catholic Church. Board Member Bonner inquired if there was any legal document or formal agreement between the two entities . City Attorney Levan and Mr. Maguire each presented closing arguments. Board Member Bonner stated there was no evidence that the proposed use is a medical office, noting that it is medical in nature but not a medical use. He noted that, at the present time, the lots are not joined. Vice Chair Berent voiced similar concern and added that, if the Board were to grant an accessory use, there may be no guarantee that the applicant would not be able to provide other medical services. Also, Vice Chair mentioned that the appeal might be premature, since the two properties were not currently joined . Chair Cramer voiced the same concern that this is not a medical office, but it is medically related. As part of the motion, Chair requested that the applicant's intended purpose being specified. Board Member Bonner made a motion to reverse the previous order of the Zoning Administrator and to approve the request as an accessory use to provide for pregnancy tests, pregnancy crisis services, ultrasound, care, comfort, support and education for pregnant women and families of newborns, stipulating that the two lots must be joined as one and that the use not be extended beyond pregnancy testing and sonograms. Vice Chair Berent seconded. The motion passed. Vice Chair Berent made a motion to adjourn. Board Member Bonner seconded. The Board adjourned at 9:33 PM. Adopted on August 7, 2018 Page 3 of 3