HomeMy WebLinkAbout28-24 Staff Report APPEAL #28-24
Applicant Name Thomas Rose
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 6, 2024
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: December 17, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 41-A-98J
Address 341 Angus Hill Lane
Magisterial District Gainesboro
Acreage 6.15 +/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
Appeal & Reason for Appeal
An appeal of the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance, Chapter 165, Section 401.02 of the Frederick County Zoning
Ordinance which stipulates the allowed uses within the RA (Rural Areas) Zoning.
Reason for Appeal: The Applicant is appealing the determination of the Zoning Administrator,
letter dated October 18, 2024.
Zoning Administrator Determination:
The property at 341 Angus Hill Lane was cited for a trucking business/operation, with multiple
commercial vehicles operating and located on the property. The property owner was cited for
operating a commercial trucking business on the property. A commercial trucking business is not
an allowed use in the RA Zoning District per Chapter 165, Section 401.02 allowed uses within
the RA (Rural Areas) Zoning District. The property came into compliance and the case was
closed.
The applicant (Thomas Rose) requested a determination letter from the Zoning Administrator on
September 30th, 2024 regarding commercial vehicles being parked at 341 Angus Hill Lane. The
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Zoning Administrator issued a response dated October 18th, 2024, which is the subject of this
appeal.
Staff Comments: The Applicant submitted a request on November 8, 2024, to the Zoning
Administrator for a zoning determination regarding the parking and maintenance of commercial
vehicles within the RA Zoning District. Frederick County customarily allows no more than one
(1) commercial vehicle to be parked within the RA Zoning District at a private residence. This has
been a consistent interpretation of the zoning ordinance by multiple Zoning Administrators over
the years and has been internally referred to as the ‘over the road trucker allowance’. Furthermore,
as is the case for any privately owned vehicle, conducting maintenance and repair is allowed so
long as it is not being done for compensation.
Additionally, Frederick County Code §165-202.01C, establishes parking limits for commercial
vehicles in other districts but does not include the RA Zoning District. Any more than one (1)
commercial vehicle on a property could serve as evidence that there is a business use being
conducted at that location and in turn may implicate a violation of the Zoning Ordinance if that
business is not a permitted use in the RA Zoning District.
Summary & Requested Action:
Staff is requesting the Board of Zoning Appeals to affirm the determination of the Zoning
Administrator that the parking of one (1) commercial vehicle on an RA zoned property is allowed
secondary to a private residence and does not violate the allowed uses section.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.