LEREDERICK COUNTY BOARD OF APPEALS MEETING MINUTES FOR ‘Thureday, August 2, 2013 Mr. Alan Duke, Chal, called to order the regular meeting ofthe Frederick County Board of Appeals (‘Boars’) for ‘Thursday, August 22,2012 at 7.00 pm. inthe t Foor Hearing Room In Winchester Hal, Frederick, MD. in Additon fo the Chai, present were Board Members Mike Bowersox, Robert Fenimore, John Capcccia and ‘Wayne Robinson, Also present were Mr. John Mathias, County Attorney, and Community Development Division Saf Mr Lary Smith, Zoning Administator, and Mr. Craig Tey, Planner, (Oficial Minutes ofthe Board of Appeas’ meetings are kept on fn the Community Development Division roduetions ‘The Chair welsomed atendees and requested that al cell hones be tumed oft. ‘Approval of Minutes Gna maton from Mr Capoceia, seconded by Mr. Bowersox, the Board approved the minutes of June 27, 2013 (Yea4 Nay 0- Wr Robingon abstained) The July Board meeting was not hed as no cases were scheduled uction of Boar Election of Of inning Jul {The Chair riroduoed the Board members (names iste In fist paragraph) who wil seve forthe new term Beginning July 1, 2013, Mr. Fenimore volunteered tobe te recording secretary (prior othe meeting) Election of ofcers forthe naw term was led by Mr. Smith. Nominations for Chair were taken ftom the Boar ‘Mr Duke was nominated via mation by Mr Capoccia, seconded by Mr. Bowersox. Mr. Duke was elected at Chair Yea 4, Nay O~ Ml. Duke abstained Nominations for Vee Chair were taken from the Board. Mr Bowersox was nominated via mation by Mr. Fenimore, seconded by Mr, Capoccia. Mr. Bowersox was elected as Vice Chat, Yea 4, Nay 0 Mi. Bowersox ‘betaine, Rules and Pr |The Chat stated the rules and procedures for the hearing and swore in ll persons who expected to testy atthe meeting Gases West Coast Investments ine. IN. Dean, Es “The Applicant fied an Appeal requesting @ Special Exception to convert an existing O-acre historic site into a group home facil fr alcohol ad drug abuse treatment, a5 per Ordinance Sectons 119-8 600 and 1-19.20 ‘The property s located on Catoctin Holow Road. adjacent te Cunningham Falls Stat Park and appronimatey 8 mniles Fom the Town of Thurmont (12529 Catocin Hollow Road, Tax Map 25, Parcel 28), Zoned Resource Conservation (RC), Thurmont Planning Region Mr Terry read Une Slat Reort Mr, Oni road the agencies comments. The Board mombore noted thir fbservatons fom the site vist Held on Wednesday, August 14, 2073, during Board cscussion fllowng ‘Applicants testimony, Mr. Daan les the discussion of the Appicant’sJustiicaton Statement. In aditon to the General Citta for 2 Special Exception povided n Secton 1-10-3210, the Applicant also must meet the Specific Criteria for Histonc Strctures and Stes provided in Section 119.8600. This Cera includes the requrement thatthe historic Structure or ste must e listed on the Freserick Counly Register of Historic Places. Mr. Denis Superezynsk Frederck County Communty Development Dien, Principal Planner I tested regarding the Frederick County Histone Presenvaton Commssion’s (HPC's) puke meeting hele on August 14, 2073, and subsequent ter 10 the Board dated August 12, 2013, caning that 40-acre Trout Run ste is eligible for ting on the Frederick inutos BOA, Aogust 22,2013, PagetCCounty Register of Historic Places. A number of other speakers shared elther concems or suppot for the pplcants Appeal ‘Based upon the evidence and testimony presented 2 tonight's hearing the Board approved Applicant's request for a Special Exception to convert an existing 40-acre historic ee into group home facity for aleahol an drug abyse treatment (motion by Mr. Bowersox, seconded by Mi. Fenimore, vote. Yea 8, Nay 0). In HPC's August 48" letter, HPC requested that Board take ino consideration two elements ofthe site that are eical tos historic signiicance related in summary to 1) landscaping, and 2) histore nature of the overall ste design ‘These two elements were incised nthe Board's mation and approval ‘The Applicant fod an Appeal fr a Variance request of 5 fot rom the required 65 foot otal ont yard setback {or an aaiton to an exsting single family Gweling, 28 per Ordnance Secions 1-19-4 600(A), 1-19-6.100, and 1- 19-3220, The property is locaton Hollow Road atthe intersection with Hallow Court (8506 Holaw Road, Tax Map 56, Parcel 138, Lot), Zoned Residential (R-1), Mideletown Placing Region. Mr. Tery read the Staff Report Mr, Smith read the agencies comments. The Board members noted thelr Coservatons trom the site vist held on Wednesday, August 14, 2073, outing Board ascussion following ‘ppleants testimony, ‘The Appicant explained her Justification Statement o support her Variance request. During Board discussion of the C350, the Board fst had to find that special condone and circumstances ext which are unique tothe land for structure involved, in accordance with Section 1-19-3720 (C). After discussion, the Board found that this requirement hae been met due fo the shape of th lt, he ooaton of the existing stucture onthe lot, andthe location ofthe well and septic eld. Once this requirement was met, the Board also found that an unreasonable hardship wou resut tothe Applicant If the adtion was not located as planned, incucng the location of the bathroom and plumbing inthe existing structure and the planned adaiton. No other speakers shared ether cancers or suppor forthe Applicant's Appeal ‘Based upon the evidence and tastmony prsentod at tonight's hearing, the Board approved Applicant's request for a5 foot Variance to construct an addon to her existing single family dweling (mation by Mr. Bowersox, seconded by Mr: Robinson, vote: Yea 5, Nay 0 Closing “The next Board meeting is Scheduled for September 26,2013. Being no further business, the meeting adjourned 2835 pm Respectuly submited Raber Fenimore Revoraing Secretary Ad ‘lan €. Duke hair Nirutos BOA August 2, 2013,