HomeMy WebLinkAbout04-18 BZA Staff ReportAPPEAL APPLICATION #04-18
750 REMINGTON LLC. APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: March 30, 2018
Staff Contact: Mark R. Cheran, Zoning Administrator
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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:
April 17, 2018
Public Hearing Action Pending
LOCATION: The subject property is located at 750 Remington Drive.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 58A08-E18-16
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Land Use: Vacant
East: R5 (Residential Recreational Community) Land Use: Vacant
South: R5 (Residential Recreational Community) Land Use: Residential/Vacant
West: R5 (Residential Recreational Community) Land Use: Vacant
Appeal Application #04-18 – 750 Remington, LLC.
March 30, 2018
Page 2
APPEAL: An appeal of an administrative determination of the Zoning Administrator in the
administration of the Frederick County Zoning Ordinance (Administrative Determination Letter
enclosed as Enclosure 1).
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator that a
Conditional Use Permit (CUP) must be obtained for two commercial telecommunication towers
erected on the property without a CUP or the towers must be removed. (Appeal enclosed as
Enclosure 2).
STAFF COMMENTS: County staff received a complaint of a commercial telecommunications
facility used for wireless service. Staff visited the property and noted two (2) towers with arrays
located on the towers. (Photos enclosed as Enclosure 3). The property owner was cited for violation
of Section 165-204.19 of the Frederick County Zoning Ordinance (“Ordinance”) for erecting two (2)
towers for commercial telecommunications for wireless service on the property without an approved
Conditional Use Permit (CUP).
Section 165-101.02 of the Ordinance defines: Commercial Telecommunication Facility-A
structure, including the tower, antennas, panels, microwave dishes receiving dishes, equipment
building, other transmitting and receiving components and other accessory structures, used for the
wireless electromagnetic transmission of information, excluding structures utilized as satellite earth
stations and structures utilized for amateur or recreational purposes such as ham radio or citizen
band radio. (Enclosure 4)
Section 165-204.19 of the Ordinance requires an approved CUP for Commercial Telecommunication
Facilities within all the County’s zoning districts including the R5 (Residential Recreational
Community) District. This property has no record of a CUP approved by Frederick County for a
Commercial Telecommunication Facility. (Enclosure 5)
STAFF CONCLUSIONS FOR THE APRIL 17, 2018 MEETING: Staff is requesting the BZA to
affirm the decision of the Zoning Administrator that a CUP be obtained for the two towers, or that
the towers be removed.