City of Annapolis Board of Appeals met March 6.
Here is the minutes provided by the Board:
The Board of Appeals of the City of Annapolis held its regularly scheduled meeting on March 6, 2018 in City Council Chambers. Chair Gallagher called the meeting to order at 7:00 pm.
Commissioners Present: Chair Robert Gallagher, Vice Chair Charlie Martorana, Christian Zazzali, Michael Walsh, Andrew Burnett
Staff Present: Gary Elson-Board Attorney, Jacqui Rouse, Cynthia Gudenius
C. Approval Of Agenda
Mr. Zazzali moved approval of the agenda as revised. Mr. Walsh seconded the motion. The motion passed unanimously in a vote 5-0.
D. Public Hearing
1. Ray and Albrecht, #VAR2018-001
Ms. Gudenius presented the City’s review of the variance application by Brian Ray and Birgit Albrecht on property located at 147 Williams Drive. She recommends approval of the variance application as it meets all the required standards.
Mr. Zazzali disclosed that Mr. Ray is his neighbor but this relationship will not affect his participation on the application.
Mr. Ray, Property Owner, spoke on the application.
Public testimony opened at 7:16pm and no one from the public spoke in favor or opposition of the application so Chair Gallagher declared the public testimony closed at 7:17pm.
Chair Gallagher accepted the following exhibits into the record.
Board of Appeals Exhibit Type:
Staff Memorandum dated January 30, 2018 with attachments
Affidavit of Posting dated March 6, 2018
Mr. Zazzali moved to reopen the record to allow for the submittal of Exhibits A and B into the record. Mr. Burnett seconded the motion. The motion passed unanimously in a vote of 5-0.
Mr. Zazzali moved to close the record. Mr. Burnett seconded the motion. The motion passed unanimously in a vote of 5.0.
3. Underwood Variance, #VAR2018-003
Ms. Rouse presented the City’s review of the variance application by Christopher Underwood on property located at 153-155 Prince George Street. She recommends approval of the variance application as it meets all the required standards.
Mr. Steven Hyatt, Attorney, testified on the application on behalf of the owner.
Mr. Little, Engineer, testified on the application on behalf of the owner.
Public testimony opened at 7:51pm and no one from the public spoke in favor or opposition so Chair Gallagher declared the public testimony closed at 7:51pm.
Chair Gallagher accepted the following exhibits into the record.
Board of Appeals Exhibit Type:
Staff Memorandum dated February 22, 2018 with attachments
• Affidavit of Posting
• Photograph of Posting
• Affidavit of Notification with attachments
• Letters of Support
o Thomas Rekus dated March 5, 2018
o Carrie Mock dated March 3, 2018
o Carl Larkin dated March 5, 2018
Roy Little Resume
2. Franklin Office Properties, LLC Special Exception, #SE2017-008
Ms. Rouse presented the City’s review of the special exception application by Franklin Office Properties, LLC on property located at 51-53 Franklin Street. The existing structure is being converted from an office building to nine residential dwelling units. She recommends conditional approval of the special exception application as detailed in the staff memorandum dated February 23, 2018.
Mr. Peter Hershey, Attorney, testified on the application on behalf of the applicant.
Mr. Warren Rich, Attorney, testified on the application on behalf of the applicant.
Mr. John Pilli, Project Developer, testified on the application on behalf of the applicant.
Mr. Gary Schwerzler, Architect, testified on the application on behalf of the applicant.
Mr. Mark Evans, Site Planner, testified on the application on behalf of the applicant.
Mr. Jon Arason, Land Use Planner, testified on the application on behalf of the applicant.
The Board recessed at 9:07pm and reconvened at 9:12pm.
Public testimony opened at 9:13pm and those speaking on the application are listed below.
Name; Address:
Katie McDermott; 50 Franklin Street
Debbie Connors; 58 Franklin Street
Gerald Garbacz; 11 South Street
Tom Hammond; 40 Franklin Street
Brice Worthington; 55 Franklin Street
Dirk Geratz; 44 Lafayette Avenue
Heather Duffy; 66 Franklin Street
Tim Elliott 112; Granada Avenue
Chuck Walsh 12; Southgate Avenue
Gill Cochran 9; Cheston Avenue
Wayne Fertitta, Jr.; 908 Langdon Court
Name; Address:
Ken Venuto; 49 Franklin Street
Pat Philbin; 46 Franklin Street
Kenneth Reightler; 1602 Honeysuckle Ridge Ct.
Tara; 118 August Drive
Alderwoman Tierney; Ward 1
Tillman Johnson; 1 Kirkley Road
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 10:38pm.
Chair Gallagher accepted the following exhibits into the record.
Board of Appeals Exhibit Type:
Staff Memorandum dated January 26, 2018 with attachments
Applicant’s Exhibit Binder: “B.1-B.11”
Public Comments Received After February 23, 2018 from
• Tom Corboy
• Joel Barries
• Dirk Geratz
• Kathleen McDermott,
• Richard and Liz Montaner
• Gerald Garbacz
Acton’s Landing Opinion dated May 15, 2002
Homeowners Association Leadership Letter dated March 5, 2018
Alderwoman Tierney – Ward One Written testimony undated
E. Approval Of Minutes
January 30, 2018 Meeting Minutes-
Mr. Burnett moved approval of the January 30, 2018 meeting minutes as written. Mr. Walsh seconded the motion. The motion passed unanimously in a vote of 3-0. (Gallagher and Zazzali abstained from the vote.)
February 6, 2018 Meeting Minutes-
Mr. Burnett moved approval of the February 6, 2018 meeting minutes as written. Mr. Walsh seconded the motion. The motion passed unanimously in a vote of 3-0. (Gallagher and Burnett abstained from the vote.)
February 21, 2018 Meeting Minutes-
Mr. Burnett moved approval of the February 21, 2018 meeting minutes as written. Mr. Walsh seconded the motion. The motion passed unanimously in a vote 4-0. (Vice Chair Martorana abstained from the vote.)
F. Deliberations
1. Ray and Albrecht Variance, #VAR2018-001
Mr. Zazzali moved to approve the application as recommended, for the reasons stated in the staff report and recommendations, finding that the evidence presented fully supports the report and recommendations. Vice Chair Martorana seconded the motion. The motion passed unanimously in a vote of 5-0.
3. Underwood Variance, #VAR2018-003
Mr. Zazzali moved to approve the application as recommended, for the reasons stated in the staff report and recommendations, finding that the evidence presented fully supports the report and recommendations. Vice Chair Martorana seconded the motion. The motion passed unanimously in a vote of 5-0.
2. Franklin Office Properties, LLC, #SE2017-008
Mr. Walsh moved to approve the application as recommended, for the reasons stated in the staff report and recommendations, finding that the evidence presented fully supports the report and recommendations. Mr. Zazzali seconded the motion. The motion passed unanimously in a vote of 5-0.
G. Signing Opinions And Orders
There was none.
H. New Business
1. 32R Spa Creek, LLC Second Extension Request – VAR2016-011
Mr. Marty Insley explained that the applicant is requesting a second six month extension due to the project being delayed because of the litigation that has now be resolved. Mr. Gallagher granted the second six-month extension request.
Chair Gallagher accepted the following exhibits into the record.
Board of Appeals Exhibit Type:
Staff Memorandum dated February 23, 2018 with attachments
Mr. Zazzali moved to reopen the record to allow for the submittal of Exhibit A. Mr. Burnett seconded the motion. The motion passed unanimously in a vote of 5-0.
Mr. Zazzali moved to close the record. Mr. Burnett seconded the motion. The motion passed unanimously in a vote of 5.0.
I. Adjournment
With there being no further business, Mr. Burnett moved to adjourn the meeting at 11:05 pm. Mr. Zazzali seconded the motion. The motion passed unanimously in a vote of 5-0.
https://www.annapolis.gov/AgendaCenter/ViewFile/Minutes/_03062018-1339
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