Board of Zoning Appeals - Regular Meeting

It is 1:00. Welcome everyone to the March public hearing of the city of Maryland board of zoning and zeals. This meeting is being broadcast via YouTube live. We ask that you make sure the sound is turned off of all of your electronic devices. And if you would like to speak to a matter, uh we will call you in turn. Just be sure that you will uh accurately state your name and your residential address for the record so that we can report that properly. All persons shall be awarded an opportunity to speak and state their views concerning all aspects of the matters at hand. Mr. Cler, will you please take the role? Thank you, Miss Smith. Mr. Garner, here. Not seeing Mr. Hamler. Mr. Logan here. Mr. Miller here. Miss Smith here.

The first item of business is to approve today's agenda. May I have a motion and a second on that matter? Mr. Logan. A second. Second. Thank you, Mr. Miller. All right. Next is the approval of the minutes. Uh, do I have a motion and second to approve the minutes for today? And I'm sorry, we have to vote for the Yes. Thank you. Uh, okay. ML cler, please take the vote. Thank you, Mr. Garner. Hi, Mr. Logan. Hi, Mr. Miller. Hi, Miss Smith.

Hi. Thank you. Now this time, please a motion second for approval of the minutes. Second. All right, please take a Mr. Hi, Mr. Logan. Hi, Mr. Miller. Hi, Miss Smith. Hi.

All right. So, since we have no unfinished business, we will first move to new business. Will you please read the first matter? Sure. We have an application by Miladis Cruz Fernandez for property located at 5221 Williamson Road Northwest car bearing official tax number 22000227 zone CG commercial general District for special exception pursuant to section 36.2-315 zoning code of city of Rono 1979 as amended to permit an eating and drinking facility abuing a residential district. Miss Clark, is the applicant present today?

I'm representing the Wonderful. Please virtual student.

Can you please uh raise your right hand and do you solemnly swear or affirm that your testimony today will be the truth of the November? Affirm. Thank you very much. And can you please state your name and your residential address? Uh my name is Ray Craad. I'm a practicing architect in the state of Virginia and my address is 3035 Purple Fence Road, Renick, Virginia 24018. Thank you very much. All right. Please tell us a little bit about this one.

It's a small space. You've seen the floor plan on it. She is opening up a little Cuban cafe type of space. See the uh the alcohol that will be sold here will be limited to some beer, wine, and a few specialty drinks. It's not a dance hall. Not going to have live music. Occupant load inside the building is about 18 people. So, it's not huge, but it will be a little bit of a cafe feel and a relaxing feel to eat. Straightforward. That's it. It's a small space and she will be uh Cuban Greek cuisine cuisine. You know what I'm trying to say is what she's specializing in.

Thank you so much. At this time, do you have any questions for the applicant? I do have one question that came up during our work session. Um, currently there is nothing operating out of this space. Correct. That's correct. It's vacant. We have submitted the building permit approval process drawings and are waiting for this board's activities and some information back from the owner to have that permit issued out. Wonderful. Thank you so much. Uh, Mr. and would you please share staff's recommendation?

Staff finds the request meets the standards for special exception. Staff recommends approval of the special exception subject to the following condition. The applicant shall obtain a certificate of occupancy for the eating and drinking establishment abiding a residential district use of the building within 12 months of the special exception. Thank you very much. And are you and the applicant aware of these conditions? Yes, ma'am. She and I discussed that after the meeting this morning and she has no problem with that timeline.

Great. Thank you so much. All right. Uh at this you guys have any questions for Scott at this time? I will now open the public hearing portion and uh is there anyone registered to speak on this matter? There's not. Okay. Is there anyone in the crowd today who would like to speak on this matter? Okay. Seeing none, I will now close that portion of the public hearing. All right. Uh board members, do you have any further comments or questions for staff or for the applicant?

I just also just quickly mention that we have not received any other public comment outside of law. Thank you so much. Okay. And no further comments or questions for the applicant or for staff at this time? Madam Chairman, I move that the application be amended such that it is subject to the conditions recommended by staff. Thank you, Mr. Second. Certain. Thank you very much. Okay. Uh, may we please call a vote for the amendment application? Sure. Mr. Garner, I Mr. Logan. Hi,

Mr. Miller. Hi, and Miss Smith. Hi. All right. Congratulations. Thank you. That was just to amend it. We'll take one more vote to vote on the amended application. All right. Please call for the vote. Do we need a motion on that as well? We do. Yes. Okay. Do we have a motion? Thank you, Mr. Thank you, Mr. Gr. Okay. Now vote on the amended application. Mr. Ber, hi. Mr. Logan. Hi, Mr. Miller. Hi, Miss Smith. Hi. Now, congratulations. Your application.

Okay. So, you'd like to move on to our second matter at hand today. Clark, could you please read that matter into record? We have an application by Timothy Overly for property located at 423 Allison Avenue Southwest bearing official tax map number 1030112 zone R1 residential district for a special exception pursuant to section 36.2-311 zoning code of city run 1979 is amended to permit a home stay. Thank you very much. Is the application or is the applicant present today? Wonderful. Please go to the podium.

Thank you for raise your hand. Do you solemnly swear or affirm that the testimony you give today is nothing but the truth or truth? I affirm. Thank you very much. Okay. Uh is it your name in your residential address? Yeah. Timothy, 423 Allison Avenue, Southwest. Hey, tell us a little bit about your project. Uh yeah, so we already had a carriage house plan the house that was uh long-term rented when we bought the house, but we just wanted to have an exemption to get more flexibility for friends and family stay there as well as um have home stay short-term rental. It's not very complicated. Thank you so much. Okay,

board members, do you have any questions for the at this time? Um, one question. Do you uh are you confident that you have adequate parking for your guests as well as your vehicles off street? Yeah, we have we we don't we use one Yes, we do. We have more than one spot in the back that we don't even use now. So, that'll be available. Great. Thank you. Any other questions?

Mr. Moore, can you please tell us what staff's recommendation is? Staff finds the request for a special exception to establish a home stay at the subject property is appropriately consistent with the city's comprehensive plan and the old southwest neighborhood plan and meets the standards for the granting of special exception. Staff recommends approval subject to following conditions. One, the applicant shall obtain a certificate of occupancy for the homestead use of the structure within 12 months of the granting of the special exception. The operator in the home state. Number two, the operator of the home state shall obtain an inspection by the city to ensure compliance with the Virginia maintenance code every 12 months. Failure to obtain inspections demonstrating compliance with the Virginia maintenance code for a period of time exceeding 24 months shall constitute the discontinuence of the use and the special exception shall become void. Number three, subject property shall maintain compliance with all applicable state level laws, ordinances, and regulations as they relate to the homestead. Upon repeated violation, laws, and regulations as they relate to the homestead, the board of zoning appeals may revoke the special exception in accordance with section 36.2-560E.

So much Mr. Mark. Are you aware of these conditions?

I am. Great. Thank you. All right. Uh this time I will open the public hearing portion. Miss Clark, is there anyone registered to speak on this matter? If there's is there anyone present today who would like to speak on this matter? Okay, seeing none, I will close the public public hearing portion of this um matter and I will ask the board. Are there any questions or comments on this matter for the advocate or staff? Okay, I am hearing no questions. So, I will ask for a motion to the application.

Second.

Great. Please call the vote, Miss Clark, to amend the application. Mr. Garner, Mr. Loans. Mr. Miller. Hi. Miss Smith. Hi. Okay. Now, I'll need a motion to vote on the amended application. And I need a second, please. Great. Thank you so much, gentlemen. All right. Miss Clark, can you please call for the vote on the amended application? Mr. Bar. Mr. Logan. Hi. Mr. Miller. Hi. Miss Smith. Hi. Congratulations. Your application has been approved. Thank you.

All right, we do have a third and final matter today. Would you please read that matter into directly?

Sure. An application by Scott Reyer for Serma Group LLC for property located at 3105 Hburger Road Northwest bearing official tax map number 6450117 zone CG conditional commercial general district conditions for a special exception pursuant to 36.2-315 zoning code of city road 1979 as amended to permit a dry facility. Great. Thank you so much. Is the applicant present today? Great. Please vote. Raise the right hand. Do you solemnly swear or affirm that the test today? Yes.

Thank you very much. Please state your name and your residential address. Yeah. My name is uh Scott Royer. I'm representing Zeremba Group. Um my address is 1364 West 73rd Street in Cleveland, Ohio.

Thank you so much. Tell us a little bit about the project. Yeah. So, we're submitting a uh a Dutch Bros Coffee. It's a it's a drive-thru um facility. We feel that this uh the proposed development um goes along with the commercial corridor as well as provide uh walk up coffee and drinks for the surrounding residential neighborhood as well. So, um that's it. Short and sweet. Great. Thank you so much. All right. Well, board members, do you have any questions for the applicant at this time?

Okay. No questions. Great. Mr. Moore, could you please tell us what the staff's recommendation? Sure. staff finds that the request for a special exception to establish a drive-thru facility of the subject property is appropriate and consistent with the city's comprehensive plan uh in the Peter Street North area plan and meets the standards for granting of the special exception. Staff recommends approval of the special exception subject to following recommended condition. The development shall be constructed in substantial conformance with the site plan entitled development plan dated February 12, 2026 design by for Thank you so much. Are you aware of these conditions?

Yes. Thank you. All right. Um, right now I'm going to open the public hearing portion of this hearing. Is there anyone registered to speak on this? Okay. Is there anyone present who would like to speak to this item? Seeing none, I will close the public comment portion of this hearing and I will ask the board. Does anyone have any further questions for staff or for the applicant at this time?

Just one uh just to be sure. And he said he stated in your um narrative here uh after examining and and uh um making the suggestions or the u requirements you address traffic and my question has to do with the eress and ingress locations and will that provide would provide any kind of conflict the way they exiting entrances are located with the way the roads are. If I if I'm not mistaken, there's a street to come fast. Dollar Tree. Is this behind or before you get to where the Dollar Tree lo is located and the road runs parallel to the Dollar Tree or how is that? You you addressed it to you said that it does not generate traffic on public streets that exceed the desired capacity. I just want to be sure whether

Sure, I can address that. So there's no conflict with that road.

I can address that. Yes. So Hersburgger Park Circle uh is where the ingress and egress locations are located. Um that's reflected in the site plan that you're seeing. Um the applicant developer was actually restricted from putting any type of um curb cut into Hersburgger. um that was part of the uh conditions associated with the overall reasonzoning um that was referenced earlier. And so really the only entrances that we would allow into the site would be along Hburg Park Circle. And so um we held a pre-application meeting um which included our transportation department. Um while transportation did provide feedback to the applicants uh on their site plan um there was no issue with the location of the drive uh entrances. Thanks.

Okay. No other comments or questions at this time. All right. I will ask for a motion to amend the application. So, can I get a second? Second. Thank you, Mr. Garner. All right. Now, Miss Clark, will you please call for the vote on the amendment? Mr. Garner, hi. Mr. Logan. Mr. Miller. Hi. Miss Smith. I. All right. Now, I would like to hear a motion to approve the amended application. Mr. Garner and Mr. Miller. Right. Miss, please call for the vote on the amended application. Mr. Garner, I Mr. Logan,

hi. Mr. Miller, hi. Miss I Congratulations. Thank you so much. Thank you. All right. Any other discussion?

Thank you very much. I will consider this public hearing agenda. in the system. Thank you. Thank you for having

the public comments. I just have to get into that. This was a nice I do want you to send that now.

Oh, wait. Okay.

Yeah. Thanks, Philip.