Westminster Board of Zoning Appeals

BOARD OF ZONING APPEALS MEETING SUMMARY Tuesday, July 6., 2021., at 6 PM Virtual Meeting via Zoom and broadcasted'Yive on fhe City facebook Page Westminster:, Maryland 21157 A meeting of the Westminster Board of Zoning Appeals was held virtually via Zoom and broadcasted live on the City Facebook Page, on July 6, 2021, at 6 "PM. Chair Ed Cramer, Vice-Chair Larry Berent, and Board Member Brenda Frazier were present. Also, in attendance was Board Attorney Karen Ruff. City staff members Mark Depa and Andrew Gray were also in attendance. At 6:00 PM, Chair Cramer called the meeting to order. Chair Cramer requested a motion to approve the meeting summary of April 6, 2021. Board Member Frazier moved to approve the meeting summary of April 6, 2021. Vice-Chair Berent seconded the motion. The motion passed 3-0. Chair Cramer provided details for Case No. 21-04. The Chair stated the purpose of the hearing and read the following case title into the record: An application by BGE, the property owner, requesting approval of a special exception to operate a "Telecommunications facilities, subject to the requirements of§ 164-139.1." use, pursuant to Zoning Ordinance Article VII I: B Business Zone, Section 164-42V. Special Exceptions, and four variances, which include variances to: 1) the required minimum front yard setback of 30 feet; 2) the minimum side yard setback of 10 feet; and 3) the minimum residential districts setback of 30 feet in Article VIII: B Business Zone, 164-458. Dimensional requirements of the Zoning Ordinance, in order to allow a telecommunications tower and associated equipment including a unmanned equipment building to be located within yard setbacks at varying distances and 4) the required height and area of the unmanned equipment building to not exceed 12 feet in height and 560 square feet in area in Article XX Special Provisions, 164-139.1 Telecommunications facilities, of the Zoning Ordinance to allow a unmanned equipment building to be 20 feet in height and 625 square feet in area, and to be located on property with Tax Account Identifier 07- 001436, on Leidy Road, in Westminster, Maryland. Mr. Gray stated that staff had discussed with Board Attorney Ruff, and pursuant to Section 164-166F. of the City Zoning Ordinance: "The Board shall refer all petitions for special exceptions to the Commission for its report and recommendation. Thereafter, the Commission may, in its discretion, issue a report and recommendation." The Planning and Zoning Commission has not been able to have an opportunity to issue a report and recommendation for these two Cases and is the reason for a continuance to August 3, 2021, at 6 PM, virtually as originally advertised. Both Applicants have been contacted about this recommendation for a Continuance. Staff requests the Board of Zoning Appeals grant a continuance to August 3, 2021, at 6:00 PM. Chair Cramer made a motion based on staff recommendation to approve the request for a continuance until August 3, 2021. Board Member Berent seconded the motion. Board Attorney Ruff suggested that if the staff report indicates a lack of required material, that the applicant provide the required materials prior to the meeting. With no further discussion on Case No. 21-04, the motion for a continuance passed 3-0. Chair Cramer provided details for Case No. 21-05. The Chair stated the purpose of the hearing and read the following case title into the record: An application by Whitney Adderholdt, and Allen M. Smith of Conewago Contractors Inc the property owner, requesting approval of a special exception to operate a "Telecommunications facilities, subject to the requirements of§ 164-139.1." use, pursuant to Zoning Ordinance Article XII: Planned Industrial Zone, Section 164-66.1A. to be located at 1221 Independence Way, in Westminster, Maryland. Mr. Gray stated that staff requests the Board of Zoning Appeals grant a continuance until August 3, 2021 for this case as well. Chair Cramer made a motion based on staff recommendation to approve the request for a continuance until August 3, 2021. Board Member Berent seconded the motion for a continuance. The motion passed 3-0. Board Attorney Ruff requested the same solution to lack of materials prior to the meeting. Board Member Berent asked how the Board should proceed if the applicant has not fulfilled the requirements prior to the meeting. Board Attorney Ruff stated that the Board can address that directly with the applicant during the hearing. Chair Cramer made a motion to adjourn the meeting. The Board adjourned at 6:12PM. Edward era er, Chair Westminster Board of Zoning Appeals Page 2 of 2