Board of Appeals La Plata Town Hall January 18, 2017, 7:00 pm Agenda 1. Call to Order 2. Pledge of Allegiance 3. Public Hearing 3.1. Case Number: VAR-000181-2016 Applicant: Valencia Smith Property Address: 106 Gleaning Court Application Type: Variance to Town Code Section 191-18 D.(1)(e) Zoning: MUD-1 4. Deliberations regarding application 4.1. Case Number: VAR-000181-2016 Applicant: Valencia Smith Property Address: 106 Gleaning Court Application Type: Variance to Town Code Section 191-18 D.(1)(e) Zoning: MUD-2 5. Other Business 6. Adjourn
Page 2 of 34
Page 3 of 34
Page 4 of 34
Page 5 of 34
Page 6 of 34
Page 7 of 34
Page 8 of 34
Page 9 of 34
Page 10 of 34
Page 11 of 34
Page 12 of 34
Page 13 of 34
Page 14 of 34
Page 15 of 34
Page 16 of 34
Page 17 of 34
Page 18 of 34
Page 19 of 34
Page 20 of 34
Page 21 of 34
Page 22 of 34
Page 23 of 34
Page 24 of 34
NOTICE OF PUBLIC HEARING TOWN OF LA PLATA BOARD OF APPEALS JANUARY 18, 2017 The Town of La Plata Board of Appeals has received an application from Valencia Smith, owner of the property located at 106 Gleaning Court, La Plata, Maryland 20646, pursuant to a deed recorded among the Land Records of Charles County at Liber 9379, folio 111. The application requests a variance to Town Code Chapter 191, Zoning, Sections 191-18 D(1)(e). The purpose of the variance request is to allow the construction of a deck with less rear yard than required. The Board of Appeals will hold a public hearing on this application in the La Plata Town Hall, 305 Queen Anne Street, La Plata, Maryland, on January 18, 2016, at 7:00 P,M., or as soon thereafter as possible. At the public hearing all parties in interest and citizens will have an opportunity to be heard. Special accommodations for persons with disabilities will be made upon request. Copies of the application are on file at the La Plata Town Hall and through the Meeting Agendas and are available for review during normal business hours, 9:00 A.M. to 4:00 P.M. Danielle Mandley, CMC Town Clerk Executive Secretary, Board of Appeals MARYLAND INDEPENDENT: Please publish one time: in the Friday, December 30, 2016 edition. Thank you. Danielle Mandley, Town Clerk 12/21/16 Page 25 of 34
Town of La TCata Mayor ^ r r i V \yj ^ n/t/1' c/i' Tbww Manager Roy G. Hale Daniel J. Mears Council R. Wayne Winkler a ^ Assistant Town C. Keith Back 3^ Manager Lynn D. Gilroy Joseph W. Norris Michelle D. Miner December 21,2016 Sent via email to michelle@applfedaiidapproved.coni: Michelle Clancy Applied & Approved Permit Service P.O. Box 310 Perry Hall, MD 21128 RE: CASE NUMBER VAR-000181-2016 Board of Appeals Application for Variance to Town Code Section 191-18.D.(l)(e), CURRENT ZONING MUD-2, 106 Gleaning Court. Dear Ms. Clancy: The Town of La Plata Board of Appeals received your completed application for variance to Town Code Section 191-18.D.(l)(e). The Board of Appeals has scheduled a public hearing on the application, to be held in the La Plata Town hall on January 18, 2017, at 7:00 PM, or as soon thereafter as possible. A representative must be present at this hearing. As required by law, the Town will publish a notice of the public hearing in the December 30, 2016 edition of the Maryland Independent newspaper. A sign containing infonnation regarding the public hearing will be prepared by the Town and will need to be posted on the subject property by December 30, 2016, by the applicant or applicant's representative. And affidavit will accompany the sign, which must be signed and returned to me as soon after the sign has been posted as possible. The affidavit will be entered into the record at the hearing as part of my affidavit regarding publication of the hearing notice and mailing notices to the owners of property contiguous to the subject property. It is the applicant's responsibility to be sure the sign remains in place from December 30, 2016 through January 18. 2017, the date scheduled for the hearing. Please contact me if the sign needs to be replaced, such as due to weather damage or removal by otliers. Should you have any questions you may reach me by phone at (301)934-8421 or by email at dmandlev@townoflaplata.org. Sincerely, Danielle Mandley, CMC /j Town Clerk ^ Executive Secretary, Board of Appeals Sent via email. cc: Jeremy Hurlbutt, Director of Planning La Plata Town Hall - 305 Queen Anne Street, La Plata, Maryland 20646 (301)934-S42L (30J)S70-3377, Fax (301)934-5724-Web Site: www.to\vnoflaplata.org Page 26 of 34
BOARD OF APPEALS OF THE TOWN OF LA PLATA, MARYLAND IN THE MATTER OF THE APPLICATION OF: VAR-000181-2016 - Public Hearing Applicant: Valencia Smith Property Address: 106 Gleaning Court Application for Variance to Town Code Current Zoning: Mixed Use AFFIDAVIT I HEREBY AFFIRM under the penalties of perjury that the following is true to the best of my knowledge, information and belief: 1. I caused to be published in the Maryland Independent, a newspaper of general circulation in the Town of La Plata, a notice of the public hearing in this case scheduled for January 18, 2017. The Notice was published on December 30, 2016. The Certification of Publication from the Maryland Independent containing a copy of the published notice is incorporated by reference to as Exhibit 1 la of the case file. 2. I caused a notice of the time and place of the public hearing in this case scheduled for January 18, 2017 to be mailed, by first class mail, to the owners of all properties contiguous to and opposite the property which is the subject of the application in this case. A copy of the notice and a list of the persons to whom the notice was sent are incorporated by reference as Exhibit 1 lb of the case file. 3. I caused a sign(s) giving notice of the time and place of the public hearing in this case scheduled for January 18, 2017, to be posted by Valencia Smith, in a conspicuous place on the subject property, visible from Gleaning Court an adjoining public right-of-way. The sign was posted December 29, 2016 and was still in place today. The Affidavit of Valencia Smith regarding the posting of the sign is attached and is incorporated by reference as Exhibit 1 Ic of the case file. Danielle Mandley, CM Town Clerk / _,/A^/// Date ' Page 27 of 34
Charles'1C0unfyat application frontvalencia Smith,owI;er of.the ~ 1.;I'» fi own._clerkg» NOTICEOF j. A ' ' 1 ' 1 " V i 2 12-30-16 1 V APG Media of Chesapeake, P.O. Box 600 29088 Airpark Drive Easton, MD 21601 LLC 12/30/16 2682021 CERTIFICATEOF PUBLICATION STATE OF : MARYLAND COUNTY OF: Charles County This is to certify that the annexed legal advertisement has been published in the publications andinsertions listed below. "BOA HEARING 1/18/17 VALENCIA SMlTH..." was I published in the: MarylandIndependent 12/30/16 somdnews.com Online 12/30/16 r'rownj'o1~i _ 1 PUBLIC HEARING LA P-LATABOARD * 4 JANUARY18,2017-1 iv A OF APPEALS. -.fi_ he '_I own]of\la, lata Board of Appeals has ~ receivedan property. 10- La Plata, Maryland 206216, ~ ca;ted a_t 106fGlea;r1ing,Court, pursuant to a. deed I recordedamong,r,the Land»Recordsof,_ Liber 9379, folio 111." The application rep-* queslgswa.variance.to TQwn Code F:5. Chapter 191,, Zoning, Sec- 1 tio;1s\l9 1-18; D(1)(e).;The_. purpose of the variancerequest is - tdallowthe-construction_of adeckvwithv1ess rea r;yardthan J David Fike :.r <1uiréd-2.3 r J. 1 President & Publisher Thé B0afd'0fi\Appea1s*w?1 hold a.p1'1b1i,c hear&ing :on=th.is l appli/cation in the La.Pla_ta?Town Hall; 305,Queen,Anne Street;-\ La'Plata, Maryl_and;.-o1'1.JaI_1ua_'r.y 18, 29-16,at',7:00 ] 9 Pill/_[., or a_s.«soonthereafter as possible; At thepublichear- 3 ingifallparties in interesfandbitizenswill have anopportu- ti, nity to be heard. Specialjaccommodatioris'for j3érsons'with I: l disabilities will be made upon request. C. Copieslof _ the'applioation,are on?le at,_the:lla Plata Hall a1 1dHthrough't_he. Meeting Agendas and«are <ava?ab1e'for, re\fiew d1j_1 ir1g normal hours, 9300 to 4:00 P.M. 1-1»Danie11e.Man1dley, 5'... -Executive 2682021 VIN. CMC_' p Tovirn. } 7. '» y Secreta1fy,fBoard,of Appeals. -7 Page 28 of 34
Mayor Roy G. Hale Council R. Wayne Winkler C. Keith Back Lynn D. Gllroy Joseph W. Norrls Jbwn of La TCata Town Manager Daniel J. Mears Assistant Town Manager Michelle D. Miner December 21,2016 To; Property Owners near 106 Gleaning Court, La Plata, Maryland 20646 RE: CASE NUMBER VAR-000181-2016 Board of Appeals Application for Variance to Town Code Section 191-18.D.(l)(e), CURRENT ZONING MUD-2, 106 Gleaning Court. NOTICE OF PUBLIC HEARING TOWN OF LA PLATA BOARD OF APPEALS JANUARY 18,2017 The Town of La Plata Board of Appeals has received an application from Valencia Smith, owner of the property located at 106 Gleaning Court, La Plata, Maryland 20646, pursuant to a deed recorded among the Land Records of Charles County at Liber 9379, folio 111. The application requests a variance to Town Code Chapter 191, Zoning, Sections 191-18 D(l)(e). The purpose of the variance request is to allow the construction of a deck with less rear yard than required. The Board of Appeals will hold a public hearing on this application in the La Plata Town Hall, 305 Queen Anne Street, La Plata, Maryland, on January 18, 2016, at 7:00 P,M., or as soon thereafter as possible. At the public hearing all parties in interest and citizens will have an opportunity to be heard. Special accommodations for persons with disabilities will be made upon request. Copies of the application are on file at the La Plata Town Hall and through the "Meeting Agendas" and are available for review during normal business hours, 9:00 A.M. to 4:00 P.M. Should you have any questions, or would like information on signing up for meeting notices online you may reach me by phone at (301)934-8421 or by email at dmandley@townoflaplata.org. Sineerely, Danielle Mandley, CMC Town Clerk Executive Secretary, Board of Appeals Sent via email. cc: Jeremy Hurlbutt, Director of Planning La Plata Town HaJI - 305 Queen Anne Street, La Plata, Maryland 20646 (301)934-8421, (301)870-3377, Fax (301)934-5724 - Web Site: ww\v.townof1aplata.org Page 29 of 34
BOARD OF APPEALS OF THE TOWN OF LA PLATA, MARYLAND IN THE MATTER OF THE APPLICATION OF: CASE NUMBER: VAR-000181-2016 APPLICANT: Valencia Smith PROPERTY ADDRESS: 106 Gleaning Court APPLICATION FOR VARIANCE TO TOWN CODE. PROPOSED USE: Residential Deck Addition CURRENT ZONING: MIXED USE (MU). AFFIDAVIT I HEREBY AFFIRM under the penalties of peijury that the following is true to the best of my knowledge, information and belief: I posted signs giving notice of the time and place of the public hearing in this case scheduled for JANUARY 18, 2017 in a conspicuous place on the property, which is the subject of this application, clearly visible from Gleaning Court, the adjoining public right-of-way. The sign was posted on JTl, 201^ Signature '^(Xknarx. C..Smhh Printed name Date / / Page 30 of 34
TOWN OF LA PLATA 305 Queen Anne Street Post Office Box 2268 La Plata, Maryland 20646 MEMORANDUM To: Board of Appeals From: Jeremy Hurlbutt, AICP, Director of Planning Date: January 11, 2017 Subject: Variance, VAR-000181-2016, 106 Gleaning Court PROJECT NAME: 106 Gleaning Court PROJECT REQUEST: Two (2) foot variance for a deck in the rear yard. OWNER: Valencia Smith APPLICANT: Michelle Clancy, Applied & Approved Permits SUBJECT PROPERTY DESCRIPTION: The property is approximately 14,422 square feet (0.33 acre) in size and is located at the end of a cul-de-sac on the east side of Gleaning Court in the Agricopia Subdivision. The property is zoned Mixed-use Development (MUD-1) and is improved with a two-story single-family dwelling. Tax Map, Block, Parcel: 0033, 017, 0533 Existing Zoning: Proposed Use: Lot Size: Existing Land Use: Mixed-Use Development (MUD-1) Single-Family Dwelling 14,422 Square Feet (0.33 Acres) Residential Adjacent Land Use: Use Zone North Residential Mixed-Use Development (MUD-1) East Residential Mixed-Use Development (MUD-1) South Residential Mixed-Use Development (MUD-1) West Residential Mixed-Use Development (MUD-1) 1 Page 31 of 34
PROJECT REQUEST: The applicant has submitted an application for a two (2) foot variance of the required rear yard setback for the construction of a deck pursuant to section 191.53.F. of the Town Code. BACKGROUND: The applicant notified staff in November of 2016 that they were looking to construct a deck in the rear yard of their property. After revieweing the Code requirements the applicant was notifed on December 6, 2016 that a variance would be required for the additional two (2) foot encroachment into the rear yard or they would be required to revise the design of the proposed deck. The property is zoned Mixed Use District (MUD-1) and the lot and rear yard requirements for single family detached dwellings are the same as Residential (R-10). Per section 191.18.D(1)(e) of the Code of the Town of La Plata, the minimum rear yard is twenty-five (25) feet. Asshown in the definition of Yard, Rear, in 191-3, a deck can extend into the required rear yard up to three (3) feet. The proposed deck encroaches into the rear yard five (5) feet at the maximum depth. The northern half of rear façade of the house is setback more than twelve (12) feet from the rear yard before projecting an additional ten (10) feet towards the rear yard which would leave between four (4) to six (6) feet from proposed deck and the rear yard line. PROPOSED DEVELOPMENT: The applicant is proposing to construct a multi-level deck,comprised of three sections in the rear yard. The sections of the deck are as follows: Section 1 - The first section of the deck will provide access to and from the house and will be located in the middle of the rear façade. This portion of the deck is fully within the required rear yard and will be concealed from from the by the southern elevation of the house. Section 2 - A set of steps on the east side of the first deck section will provide a connection, near the middle of the house to a four (4) foot by (4) foot section of deck. The second deck section will also connect to the third section of deck to the south with additional set of steps. This section of the deck encroaches into the rear setback a little over one foot, but this projection is allowed per section 191-3 of the zoning code. Section 3 - The third section of the deck is proposed to be sixteen (16) feet by ten (10) feet and will project between four (4) to five (5) feet into the required rear yard. The definition of Yard, Rear in Section 191-3, Word Usage and Definitions, allows for the three (3) foot projection or encroachments into the required rear yard. The additional one (1) to two (2) foot projection is not allowed without the approval of a variance. 2 Page 32 of 34
CRITERIA FOR APPROVAL AND FINDINGS: 191-53.F.2 - Variance. (2) In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. (a) No variance shall be granted unless the following requirements and standards are satisfied: [1]The appellant must show that the variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter. Staff Comments: Encroachments into the rear yard are uncommon in the Agricopia neighborhood. In part this is because the neighborhood is still being developed. Many homes have not added decks or other similar improvements to their properties. The house currently backs up to undeveloped single-family lots. The topography of the lot, which falls from the home, would elevate the deck above the existing six (6) foot vinyl fence. With future homes being constructed the impact of the deck would be minimal and would be expected in a residential neighborhood of this type. Decks are something the Code intends to allow as encroachments, but this encroachment is greater than the code allows and because of that does not meet the intent of this chapter. [2] A variance will not permit the establishment of a use which is not permitted in that district. Staff Comments: Single-family residential uses and accessory structures, such as decks, are permitted uses in the MUD-1 Zone. The proposed variance would not establish any use which is not already permitted in the district. SITE: 106 Gleaning Court. [3] The hardship is not shared generally by other land or buildings in the area. Staff Comments: A rear yard is a common hardship and is shared by all other homes in the Town of La Plata and the Agricopia neighborhood. The lot is oddly shaped given its location on the bulb of the cul-de-sac and the fact that the middle of rear property line angles in slightly towards the house. The zoning code allows for a three (3) foot projection into required rear yard by the definition of rear yard and allows other encroachments in other yards to try and address unforeseen issues. Staff does not find a hardship in this case. 3 Page 33 of 34
[4] The hardship is not self-created or self-imposed and must result from the strict application of this chapter. Staff Comments: Strict application of the rear setback and the allowance of a three (3) foot encroachment would not prevent the applicant from constructing a deck or using their property in any way. The deck could be modified to fit within the required rear yardwithin the range of the allowed encroachment while still maintaining the use of a reasonably sized deck. The granting of a variance would set a precedent moving forward for the Agricopia subdivision that may result in many additional variance requests that staff finds does not meet the unique hardship requirement of the Code.. (b)greater profitability, lack of knowledge of the restrictions and other variances granted under similar circumstances shall not be considered as sufficient cause for a variance. RECOMMENDATION: Staff recommends denial of the Variance application, VAR-000191-2016, based upon the findings presented in the staff report. All exhibits to the Case File in VAR-000191-2016 are incorporated by reference. 4 Page 34 of 34