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BOA Minutes

August 23, 2016
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Board of Zoning Appeals


August 23, 2016

The Board of Zoning Appeals for the City of Cambridge met at 6:00 p.m. on Tuesday, August 23, 2016 in the City Council Chambers located at 305 Gay Street, Cambridge, Maryland.

Board Members in Attendance: Chair, Brian Manning; Vice-Chair, Gloria Cornish; William Clyde, Ted Brooks, Robin Sample (alternate)

Other representatives in Attendance: Rob Collison, City Attorney; Pat Escher, City Planner; LaSara Kinser, Planning and Zoning Assistant

Mr. Manning opened the meeting and conducted a roll-call. There were no proposed changes to the agenda. Mr. Manning then issued a welcome, explained the order of the proceedings, and swore in those wishing to testify.

Regular Business:

BoA #2017-002, 314 Mill Street, Special Exception. Bed and Breakfast, 314 Mill Street.

Mr. Manning called for an executive session for legal advice pursuant to Section 3-305 V7 of the General Provisions Article of the Annotated Code of Maryland. Mr. Clyde Made the motion, Mr. Brooks seconded the motion and it passed unanimously.

Staff gave a brief report, and Ms. Escher further discussed the recommendations of the Planning and Zoning Commission. The Board asked staff questions regarding some of the other Bed and Breakfast Facilities mentioned in the staff report.

Michael Dodd, attorney, represented the application for James Harwood, property owner. Mr. Dodd addressed the historic significance of the house and its size,. Mr. Dodd also addressed the advertising and review requirements recommended by the Planning and Zoning Commission, the existing bathroom arrangement, average room occupancy, parking, and the special exception criteria.

The Board asked Mr. Dodd and Mr. Harwood questions regarding compliance with the previous Board decision between April and August 2016, the invoices submitted as part of the application, the layout and floorplans of the house, and the mandatory facilities reserved for the owner.

Mr. Andrew Pasden of 312 Mill Street, and Mr. Joe Perez of 316 Mill Street gave public comment against the application.

The Board further discussed the advertising of the use, parking compliance, and the impact of the expanded use on the neighbors.

Ms. Cornish made a motion to approve the application, with the conditions recommended by the Planning and Zoning Commission, for four rooms, for a total of five years, with yearly review by staff. Mr. Brooks seconded and amended the motion to include a three-month deadline to update the website and for the Planning and Zoning Division to review the property every three months for compliance. The Board voted two to three against the motion and it did not pass.

Mr. Clyde made a motion to approve the application for four guest rooms, for one year with the conditions that all advertising must indicate that only four rooms may be rented at any given time, and that all of the conditions must be complied with within thirty days; that guests must consistently uses the rear parking spaces first and only then may they park on the street, that DPW staff review the property for compliance with all conditions quarterly, and that the applicant install a sign for parking as recommended by the Planning Commission.

There was some discussion regarding the consequences of non-compliance during the quarterly staff review and clarification on the elements of the motion.

Ms. Sample seconded the motion and it passed 3-2 with Mr. Manning and Ms. Cornish dissenting.

Motion to adjourn

Mr. Manning asked for a motion to adjourn the meeting. Mr. Brooks made a motion to close the meeting. Ms. Cornish seconded the motion. All approved and carried. The meeting adjourned at 8:44pm.

Respectfully submitted,

LaSara Kinser, Planning and Zoning Assistant