HomeMy WebLinkAbout03-18 BZA Staff ReportAPPEAL APPLICATION #03-18
ROCKWOOD 72, LLC., APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: March 30, 2018
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:
April 17, 2018
Public Hearing Action Pending
LOCATION: The subject property is located at Rockwood Trail.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 49B02-123-72
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Land Use: Residential
East: R5 (Residential Recreational Community) Land Use: Vacant
South: R5 (Residential Recreational Community) Land Use: Vacant
West: R5 (Residential Recreational Community) Land Use: Residential
Appeal Application #03-18 – Rockwood 72 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 administrative determination of the Zoning
Administrator that a radio tower is not a permitted use in the R5 (Residential Recreational
Community) Zoning District and that the tower erected must be removed (Appeal enclosed as
Enclosure 2).
STAFF COMMENTS: The property owner applied for a building permit to erect a lattice-type
tower, represented to be an amateur radio tower, on the property located on Rockwood Trail, after
the tower was erected (Photos enclosed as Enclosure 3). After review of Building Permit #0000727-
2017 application, the Building Permit was not signed nor was it issued by the Zoning Administrator.
The administrative determination letter and e-mail were sent to the Applicant on December 21,
2017, stating that it could not be approved, as an amateur radio tower is not a permitted use in the R5
(Residential Recreation Community) Zoning District.
Section 165-502.04. of the Frederick County Zoning Ordinance (“Ordinance”), which establishes the
permitted uses within the R5 Zoning District, provides that: All uses allowed in the RP Residential
Performance District are permitted uses (Enclosure 4).
Section 165-402.02 of the Ordinance lists all the permitted uses within the RP (Residential
Performance) Zoning District (Enclosure 5). A radio tower is not listed as a permitted use.
Therefore, an amateur radio tower located on this property is not an allowed use in the R5 Zoning
District, and the erection of the tower constitutes a violation of the Ordinance.
STAFF CONCLUSIONS FOR THE APRIL 17, 2018 MEETING: Staff is requesting the BZA to
affirm the decision of the Zoning Administrator that an amateur radio tower is not a permitted use in
the R5 Zoning District and that the tower erected must be removed.