City of Annapolis Board of Appeals met April 16.
Here is the minutes provided by the Board:
The Board of Appeals of the City of Annapolis held its regularly scheduled meeting on April 16, 2018 in City Council Chambers. Chair Gallagher called the meeting to order at 7:02 pm.
Commissioners Present: Chair Gallagher, Christian Zazzali, Michael Walsh
Commissioners Absent: Vice Chair Charlie Martorana, Andrew Burnett
Staff Present: Pete Gutwald-Planning Director, Gary Elson-Counsel to Board, Jacquelyn Rouse
C. Approval Of The Agenda
Mr. Zazzali moved to revise the agenda to move Item F. #1 to the top of the agenda. Mr. Walsh seconded the motion. The motion passed unanimously in a vote of 3-0.
D. Old Business
1. Noreast Holdings, LLC Appeal, #APL2017-007 - Continuation
Chair Gallagher noted that Counsel for the Appellant spoke on the Motion to Dismiss and opened the floor to allow him to make the argument for the motion to Dismiss.
Mr. Anthony Christhilf spoke on the application on behalf of the Applicant, the Appellant.
Ms. Frieda Wildey, a Member of the Public, spoke on the application.
Mr. Jim Conlon, a Member of the Public, presented a slide presentation and spoke on the application.
Alderman Arnett spoke on the application as a member of the public.
Public testimony opened at 8:11pm and those speaking on the application are listed below.
Name; Address:
Steven Rogers; 515 4th Street
Jackie Wells 201; Severn Avenue
Vic Pascoe 308; Chester Avenue
Diane Butler; 407 Third Street
Christopher Ledoux; 215 Severn Avenue
Eddy Esworthy; 301 4th Street
No one else from the public spoke in favor or opposition to the special exception application so Chair Gallagher declared the public hearing closed at 8:41 pm.
The Board recessed at 8:43 pm and reconvened at 8:58 pm.
Mr. Leo Wilson, Architect, spoke on the application on behalf of the Appellant.
Mr. Brian Toomey, Owner, spoke on the application.
Mr. Pete Gutwald, Director of Planning and Zoning, spoke on the application.
Chair Gallagher accepted the following exhibits into the record.
Number Board of Appeals Exhibit Type:
Board of Appeals Exhibit Packet C
•City Code 21.40.060, R2-NC Single Family Residence Neighborhood Conservation District
• City Code 21.66.050, Location of Parking Spaces
• City Code 21.48.010, Table of Uses – Residential Zoning Districts
• City Code 21.20.010, Zoning District Boundary Adjustments
• City Code 21.20.030, Review Criteria and Findings
• City Code 21.06.040, Lots Divided by Zoning District Boundaries
• City Code 21.34, Zoning Map Amendments
• City Code 21.36.020, Violation Orders
• City Code 21.36.030, Planning and Zoning Infraction
• City Code 21.66.030, Number of Required Parking Spaces
• City Code 21.66.030G, Shared Parking
• 424-428 Fourth Street Parking Management Plan
• Arason and Associates May 15, 2017 Letter Request for Shared Parking
• Board of Appeals December 15, 2017 Meeting Minutes
• Eastport, A Guide to the Site Design Review Process
• Parking Site Plan
• Mr. Gutwald Email dated March 30, 2017, No Special Exception
• Jim Conlon Letter dated March 18, 2017 Request for Enforcement of Zoning District Usage Violation for the Property Located at 424-428 4th Street, Annapolis, MD 21403
• P&Z Letter dated September 17, 2017, Findings for O-26-17, Zoning District Boundary Adjustment
• P&Z Letter dated May 18, 2017, Ordinance O-26-17
• Board of Appeals Memo dated November 16, 2017
Affidavit of Notification dated March 28, 2018
Notice of Hearing Advertisement dated April 1, 2018
Affidavit of Posting dated April 13, 2018
G.1: Testimony for Steve Rogers – Parking Impact on Fourth Street and Surrounding Areas: The Process and Development, Analysis and Solutions. Chapter 3: Land Use and Economic Development
G.2: Christopher Ledoux Written Public Testimony undated
G.3: Rita Ormasa Letter dated April 16, 2018
G.4: Jackie Wells Letter dated April 16, 2018
G.5: Frieda Wildey Letter dated April 16, 2018
Anthony Christhilf Letter dated February 21, 2018
“A Creature of the Code” Split Zoning dated April 16, 2018 with accompanying CDS
Certificate of Use Permit dated June 12, 2017
Motion to Cancel Hearing and For Additional Relief
E. Approval Of Minutes
April 3, 2018 Meeting Minutes
The Board deferred voting on the April 3, 2018
G. Deliberations
Noreast Holdings, LLC Appeal, APL2017-007
Mr. Zazzali moved to waive the time requirement rules in the event there was a violation. Mr. Walsh seconded the motion. The motion passed unanimously in a vote of 3-0.
Mr. Zazzali moved to reverse the Planning Director’s interpretation of the Administration Interpretation along with additional testimony and evidence and finds that the Appellant has provided sufficient documentation to satisfy the review criteria for shared parking for a maximum of 16 parking spaces to include the conditions that the restaurant would have 45 seats up to 5:30pm and 77 seats after 5:30pm, and that all current and future tenant leases would contain a provision describing the parking management plan and a requirement to comply with the requirements of this plan. Mr. Walsh seconded the motion. The motion passed in a vote of 2-1.
H. Signing Of Opinions And Orders
There was none.
I. Adjournment
With there being no further business, Mr. Walsh moved to adjourn the meeting at 10:26 pm. Mr. Zazzali seconded the motion. The motion passed unanimously in a vote of 3-0.
https://www.annapolis.gov/AgendaCenter/ViewFile/Minutes/_04162018-1354
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