Board of Appeals Staff Report Variance Application VAR2021-00091
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Board of Appeals Staff Report
Variance Application VAR2021-00091
MEETING DATE: April 8, 2021
REPORT DATE: April 1, 2021
FROM: Shaun Ryan
Principal Planner
Planning Division
240.314.8233
sryan@rockvillemd.gov
APPLICATION Zoning variance requested from side
DESCRIPTION: yard setback requirements of the R-
90 (single unit residential detached)
Zone, for the installation of an
emergency generator at 12 Forest
Avenue.
APPLICANT: Lenard Pedowitz and Nancy Bentz
12 Forest Avenue
Rockville, Maryland 20850
FILING DATE: March 1, 2021
RECOMMENDATION: Approval, subject to conditions as referenced on page 8 of this staff report
EXECUTIVE Lenard Pedowitz and Nancy Bentz (collectively, the “Applicant”) is requesting a zoning
SUMMARY: variance of six (6) feet from the minimum nine (9) foot side yard setback requirement to
allow for installation of an emergency generator. The generator would be located three
(3) feet from the side lot line, which abuts an alley.
Variance Application VAR2021-00091
April 1, 2021
Table of Contents
Site Description .................................................................................................................................................................3-5
Project Proposal .............................................................................................................................................................. 6
Requested Variance..................................................................................................................................................... 6
Applicable Sections of the Zoning Ordinance ................................................................................................................... 6
Findings & Staff Analysis...............................................................................................................................................6-8
Historic Review…………………………………………………………………………………………………………………………………………………..8
Staff Recommendation ............................................................................................................................................... 8
Exhibits
1. Aerial Map 11
2. Site Plan….……………………………………… 12
3. Planned Land Use Map…………………… 13
4. Zoning Map……………………………………… 14
5. Application Materials …………….………… 15
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Variance Application VAR2021-00091
April 1, 2021
Background
Location: 12 Forest Avenue (the “Property”)
Applicant: Lenard Pedowitz and Nancy Bentz
Land Use
DRH – Detached Residential (Medium Density – Over 4 Units per Acre)
Designation:
Zoning District: R-90, Single Unit Detached Dwelling – Residential; HD, Historic District
Existing Use: Single Family Residential – Detached Dwelling
Parcel Area: 12,831 sq. ft.
Building Floor
3,739 sq. ft.
Area:
Dwelling Units: One (1) Existing Single - Family Detached Dwelling
Building Height: 2-story
Parking: Existing On-Site Driveway
Vicinity
Surrounding Land Use and Zoning
Location Zoning Planned Land Use Existing Use
Detached Residential
Single Unit Detached
North R-90 (HD) (Medium Density, Over
Dwelling
4 Units Per Acre)
Detached Residential
Single Unit Detached
East R-90 (Medium Density, Over
Dwelling
4 Units Per Acre)
Detached Residential
Single Unit Detached
South R-90 (HD) (Medium Density, Over
Dwelling
4 Units Per Acre)
Detached Residential
Single Unit Detached
West R-90 (Medium Density, Over
Dwelling
4 Units Per Acre)
Site Description
The Property is located on the west side of Forest Avenue, north of West Montgomery Avenue.
It is an interior lot that is trapezoidal in shape, with frontage of approximately 77 feet along Forest
Avenue that narrows to a lot width of 59 feet at the rear lot line. It measures 12,831 square feet
in area and abuts a public alley connecting to Forest Avenue. The Property is improved with a
single-family detached dwelling constructed in 1989 within the West Montgomery Avenue
Historic District. According to the Maryland Department of Assessment and Taxation, the home
Page 3
Variance Application VAR2021-00091
April 1, 2021
contains 3,739 square feet of floor area. The Property has a concrete driveway along the north
side of the house that is accessed from Forest Avenue.
View of the Front of 12 Forest Avenue
Google Street view
Side Yard - Northern Facing View (12 Forest Avenue)
Photo provided by Applicant
Page 4
Variance Application VAR2021-00091
April 1, 2021
Alley View of 12 Forest Avenue from Forest Avenue
Photos provided by Applicant
Page 5
Variance Application VAR2021-00091
April 1, 2021
PROJECT PROPOSAL
The Applicant proposes to install an emergency generator adjacent to the dwelling’s south
facade. The south façade is located 10’6” from the side property line abutting the alley. The
proposed generator would measure 26.2” wide, 47” long, and 32.2” tall. The Applicant indicates
that the generator must be located at least 5 feet away from the building façade for proper
operation. The proposed location aligns with existing air conditioning units in the side yard. The
Applicant proposes to add a row of native evergreen shrubs adjacent to the southern property
line to screen the generator from alley views.
COMMUNITY OUTREACH
Public notification of the pending application, including sign posting and written notification, was
made pursuant to the requirements of Section 25.06.03.c. of the Ordinance. There are no area
meetings required for a variance application.
REQUESTED VARIANCES
In accordance with Sec. 25.09.05.1.(a).ii.A of the Zoning Ordinance, emergency generators on
residential properties may only be located in a rear or side yard, but cannot encroach into a side
yard setback and may only encroach five feet into a rear yard setback. Single unit detached
residential dwellings located in the R-90 Zone are required to maintain side yard setbacks of a
minimum of 11’. Since the front lot width is less than the 80’ required in the R-90 zone, the
required setback becomes that of the next densest zone, with is the R-75 Zone (see Sec.
25.03.03.c.4.(b).(iii)). A minimum side yard setback of 9 feet therefore applies to the Property.
The Applicant therefore requests a variance of 6 feet from the side yard setback requirement of
9 feet to allow for the placement of the generator.
APPLICABLE SECTIONS OF THE ZONING ORDINANCE
Per Section 25.03.02 of the Ordinance, the term variance is defined as a “modification only of
density, bulk, or area requirements in the zoning ordinance, where such modification will not be
contrary to the public interest and where owing to conditions peculiar to the property, and not
the result of any action taken by the applicant, a literal enforcement of this Chapter would result
in practical difficulty.”
FINDINGS & STAFF ANALYSIS
In accordance with Section 25.06.03.e. of the Ordinance, a variance may be granted by the Board
of Appeals if it finds that:
1) The variance as requested would not be contrary to the public interest.
The proposed generator location would be consistent with the existing use of the side yard
space adjacent to the public alley for other mechanical units. The location is separated by an
alley from the rear yards of nearby properties and is far removed from the nearest dwelling.
Staff estimates the closest edge of the proposed generator will be approximately 104’ from
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Variance Application VAR2021-00091
April 1, 2021
the nearest adjacent residential home to the south. The properties at 301 and 307 West
Montgomery Avenue, which abut the south side of the alley both contain detached accessory
buildings, which limits views of the generator from both properties. The Applicant proposes
to plant a row of native evergreen shrubs adjacent to the generator to screen it from views
from the neighboring properties or adjacent alley. Therefore, staff finds that the requested
side yard variance would not be contrary to the public interest.
The Applicant has provided signatures of neighbors who support the proposal, including
those of the nearest neighbors across the public alley.
2) The request for the variance is the result of conditions peculiar to the property and not the
result of any action taken by the applicant.
Zoning variances allow property owners to seek relief from respective development
standards of the Ordinance, where there exist physical or natural site conditions and
characteristics that make compliance with Ordinance development standards not possible or
require unconventional efforts to implement.
The southern property boundary abuts a public alley. The existing gas line and electrical
conduit are currently located at the southern property boundary, along with the air
conditioning unit and heat pump. These existing conditions along the southern façade make
the placement of the generator in this area the most suitable location.
As previously mentioned, staff finds that the rear yard is unavailable due to the location of
the existing porch, patio, and entrance. Staff finds that the entire width of the rear façade is
occupied by the porch and patio, leaving this space unsuitable for the proposed generator. In
addition, the area of the rear yard is constrained by the narrowing of the lot from front to
rear, further reducing the area available for the generator.
In conclusion, the existing air conditioner, heat pump, gas line, and electrical conduit are
located in the southern side yard, and the conditions above are peculiar to the property and
not the result of any action taken by the applicant.
1. Literal application of this Chapter would result in practical difficulty;
As previously noted, based on the existing conditions of the Property, the only reasonable
and least obtrusive location for a generator is in the southern side yard where existing
hookups and mechanical units are already clustered. Locating the generator in a zoning
compliant location (outside of the southern side yard) would result in difficulty for the
Applicant due to the burden of extending existing electrical conduits and a gas line.
Additionally, placing a generator in the rear or front yards as an alternative would raise new
obstacles. In both cases, the generator would not be located near existing supportive
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Variance Application VAR2021-00091
April 1, 2021
infrastructure. If placed in the front yard, the generator would still require zoning relief and
would be less visually discrete. If placed in the rear yard, the generator would be located near
a rear porch, patio, and entrance on the subject property, which would have less utility to the
homeowner and require the extension of gas and electric service lines of approximately 50
feet from the southern side yard in order to install the generator in the rear yard. In addition,
a location in the rear yard would be closer to the adjacent residence at 14 Forest Avenue,
while the proposed location shields the generator from the closest residence.
Staff therefore finds that the literal application of this Chapter would result in a practical
difficulty to the Applicant.
4) The granting of the variance is not inconsistent with the purpose of the Zoning Ordinance.
In accordance with Sec.25.06.03.a. of the Ordinance “variances may be granted by the Board
of Appeals from the strict application of density, bulk, or area requirements of the
development standards set forth in this chapter, or more specifically in the subject case those
found under Sec.25.10.05.a.”
Granting the side yard setback variances as requested by the Applicant would be not contrary
to the purposes of the Ordinance, since such relief is necessitated by site characteristics and
physical improvements specific to the Property. The intent of the locational requirements for
emergency generators in residential neighborhoods are intended to minimize their visual and
sound impact when operating. If the variance is not granted, the generator could potentially
be located in a complaint location that is much closer to surrounding homes, which would
have a negative impact on those residents when the generator is operating. The home’s
placement on the property, porch, patio, existing electrical and gas lines are conditions that
are not the result of actions taken by the Applicant. As such, the granting of the variance
requested would not be inconsistent, but in keeping with the purpose, intent, and spirit of
the Ordinance. Staff finds that due to specific site conditions, the request is not contrary to
the purpose of the Zoning Ordinance.
HISTORIC REVIEW
Per Zoning Ordinance Sec. 25.09.05.1.(a).iii, “In the case of properties located in an historic
district zone, the location and screening of such equipment is subject to review and approval by
the Chief of Planning unless visible from a public way. The Chief of Planning review will include
any conditions set forth in the historic district designation by the Historic District Commission.”
The Property is located in the West Montgomery Historic District and is therefore subject to
historic review.
The Chief of Planning reviewed the proposal and finds that, based on the selected location of the
generator along the alley at some distance from the Forest Avenue right-of-way and the planned
Page 8
Variance Application VAR2021-00091
April 1, 2021
evergreen shrubs along the southern property line to screen the generator, the proposal would
not be visible from a public way or be incompatible with the historic district.
STAFF RECOMMENDATION:
Based on the information provided and factors specific to the subject request, staff recommends
approval of the requested variance of six (6) feet from the required side yard setback of nine (9)
feet to install an emergency generator. Staff recommends that the variance be granted subject
to the following conditions:
1. The proposed generator must be installed in substantial accordance with the plans and
illustrations provided by the Applicant.
2. The Applicant shall install a row of native evergreen shrubs along the southern property
boundary to mitigate views of the generator from the public alley.
3. The Applicant must submit an Affidavit of Posting certifying that the public hearing sign
has been posted on the property in accordance with City requirements.
ATTACHMENTS:
Exhibit Attachment “1” – Aerial Map
Exhibit Attachment “2” – Site Plan
Exhibit Attachment “3” – Land Use Map
Exhibit “4” - Zoning Map
Exhibit “5” - VAR2021-00091 Application Materials
Exhibit “6” – Letters of Support from Neighbors
Page 9
Variance Application VAR2021-00091
April 1, 2021
Exhibit 1-1: Aerial Map
Page 10Variance Application VAR2021-00091
April 1, 2021
Exhibit 2-1
Page 11Variance Application VAR2021-00091
April 1, 2021
Exhibit 3-1: Land Use Map
Page 12Variance Application VAR2021-00091
April 1, 2021
Exhibit 4-1: Zoning Map
Page 13Planning & Development Services
Exhibit 5-1
Received
Applicalion for
Zoning Uariance 409
March 1, 2021 VAR
Adm i nistrative Adjustment or ltlonconfolmin g Alteration
City of Rockville
Department of Planning and Developnent SeMices
I l1 ltlaryland Avenue, Rockville, Maryland 20850
Phono: 240-31+8200 . far 240-314-8210. E-mall: pds@ockvillemd.gov . WGI slto: www.rockvillemd.gov
Type 0l Application bcing applied for: flZoning Variance flmrinistratire ldlustnent [Nonconfoming Alteration
Please Prlnt Clearly or lYpe
Property Address lnformation . '12 Forest Avenue Rockville MD 20850
Subdivision
West End Park Lot (s) 22 Block I
Zoning
R90 Tax Account (s) 16040283287 4
Applicant lnformaton:
Please suwy l,lane, Addrcss, mone Numbet and E-nail Address
Lenard Pedowitz and Nancy Bentz len.nancy.pedowitz@gmail.com C: 301-661-3014
Applicant
Property 6*n., Lenard Pedowi2 and Nancy Bentz
Arch
N/A
Eng ;nsss N/A
Attorney N/A
Property Name: 12 Forest Avenue
Proiect Description . lnstall emergency generator in side yard
SIAFF USE OI{IY
Apgllcatim Accept.ncc ADdhatm !ffir.
Application # VAR2021-00091 Date Beceived: March 1, 2021
Pre-Application: Reviewed by:
Date BBview:_
Dat6 of Checldist
Shtf Contact- Deemed ComplBte: YesD l{o trExhibit 5-2
Property Size (in square 12,831
Please describe fte cunent use 0r uses on tte subiect property and any nonconforming uses cunenuy occupying the site.
sangle family dwelling
ll a non-contorming use, please explain:
From what Zoning 0rdinance requirement(s) is the Variance, Administrative Adiustrent or Nonconforming Alteration being
req Uested? Requesting variance relief from Sec. 25.09.05.1.(a).ii.A. That provision pmvides the following
"Emergency generators may only be located in a rear or side yard, but cannot encroach into a side yard setback and may only
encroach five feet into a rear rd setback."
Please describe the exact amount of Variance(s) or Administrative Adiustment requested in feet 0r inches 6 feet
(house is l0'6'from property line (setback is I feet), generator must be 5'from house, generator is 26.2" wide-rounded to 30" (2'6")
to give a little extra room. 10.5'- 5'- 2.5'= 3'from propefty line, so variance needed is 6').
Prruious Approuals: (if any)
Application Number Date Action Taken
A tslt,lt ol audrorlzafru, ttut
t to ownsr musl ba submitted ll tlrls appllcrnon ls frM by anyone oher tt ao tlrc owr@r,
I hereby certify that I have fie authodty to make this application, that the application is complete and conect and that I have
read and undeBtand all procedures for tiling this application.
Please sign and date
Variance Applicatlon Gompliance
The Board cannot grant a variance unless the delinition for a variance is met. The Zoning delines a variance as fullows: A modi-
fication only 0f density, bulk or area requirements in the Zoning ordinance where such modification will not be cofltrary to the
public interest and where, 0wing to conditions peculiar to the property and not the result of any action taken by the applicant, a
literal enforcement ol this Chapter would result in practical ditficulty."
Answers to the following questions must be full and complete. ll more space is needed, please athch additional pages;
1. Explain why the granting of the variance is necessitated by conditions unique t0 the property The side yard is wbere the
air crndilioner, heat pump and natural gas line are located, and adjacent to the fuse box located inside the house. There is no
viable location at the rear of the house due to a porch, patio and rear entrance that span the sntire rear of the house.
2. Explain why the granting 0f the variance will not be contrary to the public interest or injurious to Ue neighbortood
The locatiion is not visible from the street and is adjacent to a a 15 foot alley- On the other side of the alley is a 2 story detached garage,
then rear yard, then neighbo/s house (301 West Montgomery Avenue), so it will not impact the neighbo/s use and enjoyment
of their property
VAR Page 2
uwExhibit 5-3
3. Explain why not granting the variance would resuJt in practical difliculty in the use of the property Due to the rear porch,
patio and rear entrance there is no viable localion for the genorator at the rear ol the house. An emergency generator is requried to avoid
basement floods during heavy rains and snow melt, which have occured soveral times over the past 20 years due to the high
water table of the property. Most of the basement is improved and has tumiture that \r,/ill be ruined by a flood
4. Explain why the approval 0f the variance is not inconsistent with the purposes of the Zoning odinance Due to the location
unobssNabl€ from the sue€t and noighbo/s houss, adiocsnl to a city alloy, and sopaEtion trcm neighbo/s hous€ by the all€y. 2 story gErags,
and rear yard, there is no impacl to the neighbo/s and neighborhood's use and enioyment oftheir property and neighborhood
PrG-Submlsskm tGedng:
A pre-submission meeting wih the Development Revievu Commitlee or a member of Planning stalt ls recommonded prlor to filing
all applications.
Submlssion Roquirumcnls
llarhncs Appllcaton Submlltal noqulrumcnls
(C or Chccz -?As"
CompteteAppticatio, (O,^
Filing Fee, including sign fee /L- ?Gqt A,\
\ rl rvQ-
L{
t/
'C
welcha) U-,Lap s
a Pre-Submission Meeting conducted. Date'Feb 11,2021
a A House Locaton Survey or site plan showing the location of the ptoposed strucfure.
A phn showing how he variance will affec't the sunounding properties. this plan should include he following:
l. For a variance in SIDE 0R HEAR YARD SEIBACKS, he location and existing setback measurements of all buildings on
adiacent properties.
2. For variames from MAXIMUM HEIGHT L|M|TAT|oNS, a cross section wi$ heights ol existing buildings on adjacent
properties.
3. For variances in FBo'{T YABD SEIBAC( fie lror yard setback measurcmenb 0t all buildings on the same side of the
steet as the applicant's property.
Elevations ot proposed structure that include the height of the proposed stuctute.
A list of property owners as listed in he otficial tax records whose properties are located wiftin 500 feet ot the
boundaries of the subiect property.
Varlancc ADDllcatlon Proce.ssin0:
Each applicant needs t0 be aware of the following about the processing of this application. After reading the lollowing informa-
tion, please sign on the next page t0 acknowledge your understanding.
Po3fing ot Slgn:
A sign must be posted 0n he property to provide nolification of the application t0 the community. Ite City provides ftis sign
t0 the applicant within 3 days ol receiving the sign from fie Gity. tt must remain posted until the Board of Appeals takes final
action 0n the applicauon. An aftidavit of posting must be completed by the applicant to certily that the sign was posted tor the
required time.
tnseoc'tbn ol Ulc Propcrt r
The members of the Board ol Appeals, the Planning Commission and City stat members must be given Ue opportunity to
physically inspect the sublect pmperty to help them reach a decision 0n the application. This access must be granted provided
a reasonable notice is given for said inspecti0n.
VAR Page 3
u09Exhibit 5-4
isYlslons:
Revisions t0 the site plan or application may be mads up to the filing date (40 worldng days before the scheduled headng date
for Residential & 60 tor l,lon Residential). Revisions made after the closin0 dats may result in hearing posFonement and/or
the re-posling ol Ue subject propeny if the Planning Division or the Chairman ol he Board ol Appeals decides that inadequate
review or notificaton would result lrom the revisions, especially if the amount ol the variance is increased.
Hoaringy'ilootng Apparanco:
The applicant must be prepared to present his/her case before fie Planning Commission and/or Board otAppeals.
Ihe llecision:
Submission ol this application with the filing tee is not a permit. The Bo ot Appeals will make the final decision (Approval/
oenial/Dismissal) 0n this application. While the Planning e Planning Commission may make recommendations to
the Board on this application, these recommendations are only and are not binding on the Board.
Rolunds:
The filing fee is not refundable the application is approved or denied.
Signature ot
Date
Admini3hatuo Adlurtunents in Singh Dwdling Unit Rosidonlial Zones:
The Chiet ol Planning is auhorized to make administntive adjustments tor setiack (up to ten (10) percent ot this minimum
requirement), lot coverage and landscaping requirements (up to ten (10) percent of the requirements), when certain criteria can
be met. Please Fovide a statement as to how the lollowing criteria and findings are met:
1. Good Cause Shown - Please state the reason(s) that the adminisfative adiusUnent is needed, including any extenuating
circumstances and a iustification lor $e adlustment request;
2. Consist8ncy wifi Purpose - Please shte how $e adjustnent is not inconsiste srith the puDoses of Section 25.01.02,
which provides-
a. The purposes of this Chapter are to:
i. Provide lor appropriately scaled, designed, and sited buildings and other stuctures that are compatible with the
natural and built envimnmems;
ii. Promote environmentally sustainable developments and othen ise provide torthe conservation 0l natural
resources and lhe environment;
iii. Promote fte City as an inclusive community by facilitating diversity in housing , building design, and land use;
iv. Promoles alternative modes ot lransportaton by providing convenient, safe, and connected accessibility to
public transporhtion, pedestrian and bicycle systems, inviting steebcapes, and a mixhres ot uses;
v. Ensure that development occurs in an orderly fashion consistent with he i,laster Plan (fte "Plan") and fie
availability of adequate infrastructure capacity and other public facilities;
vi. Ensure the most appmpriate use of land throughout the City;
vii. Protect and enhance the aesthetic and visual character ol the C'lty and its residential neighborhoods;
viii. Preserve site, structures, and disticts ol historical, archeological, or architectural significance, and their appur-
tenances and environmental settings;
ix. Secure the public satety;
x. Provide adequate light and ain
xi. Foster innovative, creative, sustainable, and flexible building and site design;
xii. Provide attractive, high quality development and design that enhances the community's quality o, life; and
xiii. olhen ise protect and promote the heallft, safety, comfort, convenience, welfare, and happiness of the Rockville
community through the comprehensive regulation ot the use and development 0f the land and stuctures.
YAR Page 4
uwExhibit 5-5
3. Total Cumulative Adiustnent - How the total cumulative adiustmenl t0 the regulation that is $e subiect of tfie application
does not exceed ten (10) percent. ln evaluating he adlustnent, address any additional adjustments that may have been
made to the property and the effect fte total adiustment may or may not have on fte property.
Application Ghec*llst:
Pre-SuDmhsion ecfing:
A pre-submission meeting with the Development Review Committee or a member of Planning staff is recommended prior to filing
all applications.
A1!n lnlstaliw Atllustnfit Anplicadon Subnttlal Bequircments
L-l Complete Application
I Filing Fee including sign fee
I Pre-submission mesting conducted.
flcompleted statemer addressing the criteria, along rvifi the iustification tor he proposal.
Administratiue Adlustmont Applicatlon Prcoecslngl
Each applicant needs to be aware ol the tollowing facb about the processing ot his application. After reading Ue ,ollowing
information, please sign below to acknowledge your understanding.
Pootlng of Sign:
A sign must be posted on tle property t0 provide notiltcation of the application t0 the community.Ihe City prorides ftis sign to
the applicant wihin 3 days 0l receiving he sign from the City. ]t must remain posted until the Chief of Planning hkes final ac-
tion on the application. An atlidavit of posting must be clmpleted to certify ftat the sign was posted tor the required lime.
lnspectlon ol tte Proporty|
Ihe membe$ 0f the Board of Appeals, the Planning Commission and/or the City stafl members must be given the opportunily to
physically inspect the subrect property to help them reach a decision on the application. This access must be granted pmvided
a reasonable notice is giveo for said inspection.
Ite llocisionr
Submission ol this application with the filing foe is not a permit.Ihe Chief of Planning will make the final decision (Approrau
oenial/Dismissal) on this application.
Rolunds:
The filing fee is not refu[dable regardless of wheher the application is approved or denied.
Signature ol appl
Date
VAR Page 5
ANExhibit 5-6
llonconlormlng Alleratlon Appllcation:
Dctacted or Seml-De{achcd Single Unlt Besidential
According to the Zoning ordinance, alterations, expansions, and enlargements may be made to a nonconforming building
0r strucfure only if they do not expand or extend the dsvelopment standards nonconformity. lmprovement of the tacade 0r
structure so as to enhance ib appearance and alterations necessary to comply wifi the Americans wifi Disabilities Act are two
areas where the Chief of Planning may grant a l{onconforming Alteration Application approval for structural modifications to a
building contalning a Development Standards Noncontormity. Answers to the following must bs provided in order for he ap-
plication t0 be considered. lf more space is needed, please attach addidonal pages.
1. Please provide docume ation of fie existence and exlent of tie nonconforming development shndard(s) being requested.
2. Please explain how the proposed Nonconforming Alteration does not exceed the amour reasonably necessary t0 accom-
plish the purpose 0l the alteration.
3. Please explain how the pmposed Nonconlorming Alteration is compatible with be general character ol the suEounding
neighboriood or zone.
4. Please explain how the proposed Noncontorming Altcration will not have negative impacts on the public health, safety,
aesthetics, and welfare of the nearby properties.
5. Please explain how the proposed Nonconlorming Alteration will be consistent with the purpose and intent 0f the zone.
Pre-Submlsslon ltleeting:
A pre-submission meeting with the Planning staff is required pdor to filing this application.
Application Ghockllsi:
f] Complete Application
f| Filing Fee, including sign lee.
I Pre-submission meeting conducted. Date
A house location survey or a site plan drawn t0 scale showing the locations of all existing and proposed buildings, yards,
driveways and pafting areas and the proposed alteration.
tr Floor plans showing the location of uses in Ue strucfures and 0n
Suct other information as may be required by the Chiet of Planning.
he site.
fie owners 0l property within 750 leet of the subiect property.
A list of all ol
YAR Page 6
409Exhibit 5-7
Please acknowlcdge htt W havc ,cad and mdqsbnd orc lollowing inlormatlon hy slgntng blofl.
Postlng ot Slgn:
A sign must be posted on the property to provide notification of the application to the community. The City prolrides this sign to
he applicant within 3 days of receiving fte $gn lrom the City. lt must remain pmted until tre Chiel of Planning takes final ac-
fon on the application. An affidavit ol posting must be completed to certify tfiat he sign was posted for the required time.
lnspection oI the Property:
The City shtf members must be giverl lhe opportunity to physically inspect the subiect property t0 help them reach a decision
on the application. This access musl be granted provided a reasonable notice is given for said inspection.
Iha Declslon:
Submission of this application with the filing fee is not a permit. fte Chiel 0, Planning may not grant a Nonconforming Attera-
tion Application for an alteration or expansion that exceeds the amount reasonably necessary t0 accomplish he purpose of the
aheration or expansion. The Chief 0f Planning has 30 days lrom when the notices are sent to approve fte application, approve
$e application with conditions or to deny he application. Decisions by the Chiel of Planning may be appealed to the Planning
Commission
Relunds:
The filing fee is not refundable regardless of whether the application is approved or denied.
Signafure ol
Date
l{onconforming Alteration Application:
]{on-Rosidot lal Us€ or Structuro
According to the Zoning ordinance, alterations, expansions, and enlargements may be made to noncontorming buildings or
structures 0nly it they do not expand or extend the development standards noncontormity. Additionally, a nonconforming use
may be extended ftroughout those parts of a building or strucfure specifically designed or constructed tor such use prior to the
adoption of the current regulations and standards.
Altemti0n ol a Nonconforming Use - Acted on by the Chiel ol Planning, review is limited to the expansion of the noncon-
torming use into those parts ot the building 0r structure which were subshntially constructed prior to the change in permit-
ted uses which caused the nonconformity and which were specifically designed or constructed but not occupied by such
use.
Alteration of a Development Standards Noncontormity - Acted on by the Planning Commission, review is limited to main-
taining the building or structure in safe repair, improvement ol the lacade 0r strucfural improvements so as to enhance
its appearance, and altelations necessary to comply with the Americans wift Disabilities Act. Alterations, expansions, and
enlargements to the building or structure may be permitted as long as hey do not expand or extend he development stan-
dards nonconformity.
ln evaluating and approving a Nonconforming Alteration application, the l0llowing findings must be addressed.
1. Please provide documentation 0t the existence and extent 0, the nonconforming development shndards being requested.
2. Please explain how the proposed Nonconrorming Alteration does not exceed the amount reasonably necessary to accom-
plish the purpose 0f the alteration.
VAR Page 7
?J09Exhibit 5-8
3. Please explain how the proposed Nonconlorming Alteration is compatible wittr the general character of the sunounding
neighborhood or
4. Please explain how the proposed Noncontorming Alteration will not have negative impacts on the public health, safety,
aesthetics, and welfare of the neafuy properties.
5. Please explain how the proposed Noncontorming Alteration will be consistert witfi the purpose and intent ot the zone.
6. For Nonconforming Alteration approvals that figger conformance with curent parking requirements pursuant to Article 16,
the Planning commission may waive the cunent parking requirement and allow the maintenance 0l the existing n0ncon-
torming parking enti ements through the grant ol the Nonconforming Alteration approval, it the Commission finds that:
a. lt is not practicable t0 provide the required paddng onsite in a manner that preserves neighborhood character;
b. Preserving the nonconlorming parking entitlemenb is the best solution to provide consistencl with the goals, poli-
cies, and intent ol the Plan.
Please address, if applicable, how this finding is met.
Pro-Submission llleetng:
A pre-submission meeting with the Planning statt is required prior to filing his application.
Application Ghecklist:
! Complete Application
E Filing Fee, including sign tee.
E Pre-submission meeting conducted. Date-.
[-l A house location survey or a site plan drawn to scale sh0wing the locatiols o, all existing and proposed buildings, yards,
driveways and parking areas and the proposed alteration.
EI Floor plans showing the locatioo ot uses in lhe structures and 0n the site.
Such other information as may be required by the Chief ol Planning.
A list of all of the owners of property within 750 tuet ot the subject property.
VAR Page 8
a0sExhibit 5-9
Plc,/6o a*nowwalhrlw trtc rcad aN undcrs',nd lt chilortng mon.t an ry sbnlrrg brow.
Posting d Slgn:
A sign must be posted on the property to provide notification of tfis application to the community. Ihe City provides this sign to
the applicant within 3 days of receiving the sign lrom fte City. lt must remain posted ur il he Chiel 0l Planning takes final ac-
tion on the application. fur atfidavit ot posting must be completed to certily that he sign was posted tor the required time.
lmpection ol tlro Propody:
The members o, fie Planning Commissi0n and the City statf members must be given the opportunity to physically inspect the
sublect property to help them reach a decision on the application. This access must be granted provided a reasonable notice is
given for said inspection.
Tto Decbion:
Submission ol this application with the filing lee is nol a permit. The Chief of Planning will make the linal decision (Approval/
Denlal/Dismissal) on this application.
Ihe Chief of Planning may not grant approval ot a Nonclnformiflg Alteration a0plication for an alteration or expansion that
exceeds $e amount reasonably necessary to accomplish tie purpose of the alteration or expaosion. The Chiet of Planning
has 30 days fom when Ue notices are sent to appmve the application, approve the application wiu conditions, or to deny the
application. Nonconforming Alteration applications requiring Chiet ot Planning review are processed like a Level 1 Site Plan.
Decisions by the Chief of Planning may be appealed to the Planning Commission.
ilonconforming Alteration applications requiring Planning Commission review are like a Level 2 Site Plan application.
Decisions of be Planning Commission may be appealed to the Circuit Court.
Re{unds: I
Ite filing fee is not refundable regardless the approved or denied.
Signafure ot
Date
o,
Comments on Submittal: (For Statl Uso only)
VAR Page I
uwExhibit 5-10
Planning & Development Services
Gas lines (exterior) Received
March 1, 2021
and fuse box (interior)
Approximate location
of new Generator
Approximate
location of
existing AC &
Heat PumpExhibit 5-11
Planning & Development Services
Received
March 1, 2021
5’
2’6”
3’Exhibit 5-12
Planning & Development Services
Received
March 1, 2021
Approximate location
of Generator
15’ AlleyExhibit 5-13
Planning & Development Services
Received
March 1, 2021
Generator Dimensions:
Length: 48”
WIDTH: 26.2”
Height: 29”Exhibit 6-1
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within 500 feet. J to t06
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{ _u,xl.',it1., 12 Foresl Avenue
lffi-Exhibit 6-2
To: Neighbors of 12 Forest Avenue March 2021
Subiect: Side Yard S€tback variance Application for Home Generator at 12 Forest Avenue
Homeowners at 12 Forest Avenue want to @.
Current zoning ordinance requires generator be aEel! from property line, however the house is
approximately 10.5 feet from property line and the generator must be place no closer than 5 feet from
the house (and the generator is approx. 2.5 feet wide), leaving it 3 feet from the property line.
As a result, a zoninq variance must be a0oroved.
Si8nifi cant considerations:
Generator will be next to existing air conditioner (AC) and heat pump units and adjacent to a
paved alley
Generator will be screened by evergreen shrubs and not be visible from street or alley
On the other side of the alley is a 2 story detached garage, then rear yard, then closest
neighbot's house (301 West Montgomery Avenue), so it will not impact the neighbor's use and
enjoyment of their property
Generator needs to run 15 minutes per week to keep it operational, which can be scheduled any
day and time - homeowner will set day/time when it is acceptable to ad.iacent neighbors (301
and 307 West Montgomery Avenue)
Generator is about the same size, shaoe and sounds like a tvoical AC and Heat Pumo
Kol{ci i'ofiC^ 20fW Aumiftfi Ho|rl. Strirbt Gerl.rato. lph
E
I
Generator Dimensions:
- Length:48"
WIDTH:26.2"
Height: 29"
Thank you,
Len Pedowitz and Nancy Bentz
12 Forest Avenue
301-661-3014
len.nancy.pedowitz@gmail.comExhibit 6-3
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