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HomeMy WebLinkAbout01-11 BZA Staff Report - JulyAPPEAL APPLICATION #01-11 4�GK c�G w� DR. AYMAN SALEM �. Staff Report for the Board of Zoning Appeals w 1 Prepared: July 1, 2011 ;; Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: May 17, 2011 — Tabled by Applicant until July 19, 2011 July 19, 2011— Pending SUMMARY FROM MAY 17, 2011 MEETING: The Board did not hear the public hearing because the applicant requested this application be tabled. STAFF COMMENTS: Mr. Tim Mayfield, representative for Dr. Salem, stated in the May 17, 2011 BZA meeting that the reason they requested the appeal be tabled was because they retained the services of a new architecture firm to design a different sort of scheme to meet Frederick County's code requirements. To date, neither Mr. Mayfield nor Dr. Salem has contacted staff concerning a different type of sign. For that reason, no progress has been made in resolving the violations presented to Dr. Salem in a letter dated March 3, 2011, from the Zoning Administrator. LOCATION: The subject property is located at 241 Garber Lane. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -5-C PROPERTY ZONING & USE: Zoning: B-2 (Business, General) Land Use: Veterinarian Office ADJOINING PROPERTY ZONING & USE: North: B-2 (Business, General) East: B-2 (Business, General) South: B-2 (Business, General) Land Use: Restaurant Land Use: Office/Vacant Land Use: Motel West: B-2 (Business, General) Land Use: Residential Appeal # 01-11, Dr. Ayman Salem July 1, 2011 Page 2 APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance in determining required height and size of a sign. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator citing grade level of the adjacent street and also stating that the sign was existing when the property was purchased. STAFF COMMENTS: The applicant applied for a building permit to erect a sign 22 feet in height and 88 square feet in size to be located on the property at 241 Garber Lane. The proposed sign does not meet the requirements of the Frederick County Zoning Ordinance with regards to the height and size of the sign. The building permit was not signed nor was it issued by the Zoning Administrator, and a letter was sent to the applicant to modify the building permit for the sign. This letter stated that the permit in its current form could not be acted upon, as the sign would be in violation of the Frederick County Zoning Ordinance. The height of signage is noted within Section 165-201.6 G (7) (c) of the Frederick County Zoning Ordinance, which requires that signage height is to be reflective of the roadway upon which the site's entrance is located. The entrance for this site is located on Garber Lane and, due to this roadway's classification, the height of the sign is not permitted to exceed 12 feet. The size of signage is noted within Section 165-201.6 H (7) (c) of the Frederick County Zoning Ordinance, which requires signage size to be reflective ofthe adjacent roadway's classification. Due to Garber Lane's classification, the size of the sign shall not exceed 50 square feet. This building permit in its current form cannot be issued. In order for a building permit to be issued, the applicant will need to change the height and size of the sign, and reapply for a building permit. STAFF CONCLUSIONS FOR THE JULY 19, 2011 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-201.6 G (7) (c) - signage height for this site not to exceed 12 feet, and Section 165-201.6 H (7) (c) - signage size for this site not to exceed 50 square feet.