Westminster Board of Zoning Appeals

CITY OF WESTMINSTER BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, September 3, 2019, at 6 PM City Hall, 1838 Emerald Hill Lane Westminster, Maryland 21157 A meeting of the Westminster Board of Zoning Appeals was held at City Hall, 1838 Emerald Hill Lane in Westminster, Maryland, 21157, on September 3, 2019, at 6 PM. Chair Ed Cramer, Vice-Chair Larry Berent, and Board Member Ken Bonner were present. Also in attendance were Board Attorney Eric Blitz, City staff members Andrea Gerhard and Andrew Gray, and Tierney Dedmon of Al Betz & Associates, Inc. City Attorney Elissa Levan participated in the meeting via video. Mr. Gray introduced Ms. Gerhard, who recently joined the City staff, to the Board. At 6:15 PM, Chair Cramer called the meeting to order. Board Member Bonner made a motion to approve the May 7, 2019 meeting summary as written. Vice-Chair Berent seconded. The motion passed. Board Member Bonner then made a motion to approve the July 2, 2019 meeting summary. Vice-Chair Berent seconded. The motion passed. Chair Cramer opened the public hearing for Case #19-05. The Chair stated the purpose of the hearing and read the following case title into the record: An application by Mr. Larry Gibbs, the property owner of record requesting approval for a determination that the current non-conforming use for the property is of the same or more appropriate use or more restrictive use than the previous use of the property, pursuant to§ 164-136 B. of the City Code for property located at 7R West George Street, Westminster Maryland 21157. The Chair then swore in all parties who wished to testify. Pursuant to§ 3-305 (b) (7} of the General Provisions Article of the Annotated Code of Maryland, Vice-Chair Berent moved for a closed session to consult with and obtain legal advice on a legal matter from Board Attorney Blitz. The motion was seconded by Board Member Bonner. The motion passed unanimously. The closed session started at 6:18 PM and ended at 6:33 PM. It was held in the Mayor's Office, adjacent to the Mayor and Council Chambers . 'Upon returning to open session, Mr. Blitz stated for '11:he ~ernrd that the Board met in closed session to get counsel's guidance on one matter, specifrcai'iy a jurisdictional question. 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. Gray summarized the main points in the staff memo dated August 30, 2019. He noted the staff recommendation that the Board review and carefully consider the applicant's testimony and evidence and any testimony and evidence presented by members of the public at the public hearing, in determining whether or not the non- conforming use for the property is of the same or more appropriate use or more restrictive use than the previous use of the property, pursuant to § 164-136 B. of the City Code. Vice Chair Berent asked Mr. Gray how the application arrived before the Board. Mr. Menasche, attorney for the applicant, mentioned that he will present information to the Board on how the application arrived before the Board; background on his client's purchase of the property; and the continual use of the property. Board members inquired about any discussions with the City and mentioned jurisdiction and possible appeals. Ms. Levan mentioned that the applicant has the authority to declare it is a non-conforming use and that the City's former Zoning Administrator decided to bring the matter before the Board . Mr. Blitz opined that the Board does not have original jurisdiction and summarized the Board's authority as outlined in the City Code. Board Member Bonner made a motion to dismiss the case because the Board does not have jurisdiction. Vice-Chair Berent seconded. The motion passed 3-0. Board Member Bonner made a motion to adjourn the meeting. The Board adjourned at 7:09 PM. amer, Chair Westminster Board of Zoning Appeals Adopted on December 3, 2019 Page 2 of 2