HomeMy WebLinkAbout09-25 BZA Staff Report
Appeal #09-25
Applicant Name CClan, LLC (Elizabeth Lewin)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Numbers (PINS) 43-21-7 & 43-21-9
Address Milton Ray Drive
Magisterial District Stonewall
Acreage 30 +/- acres
Zoning & Present Land Use Zoning: M2 Industrial General
Land Use: Tractor truck/trailer
parking
Adjoining Property Zoning & Present Land Use
North: M2 (Industrial General) District Land Use: Pump Station/Reservoir
South: M2 (Industrial General) District Land Use: Vacant
East: M2 (Industrial General) District Land Use: Junkyard and Remediation Service
West: M2 (Industrial General) District Land Use: Vacant
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 103.03.3 of the Frederick County Zoning
Ordinance which stipulates the Conditions.
Reason for Appeal: The Applicant is appealing the determination of the Zoning Administrator,
letter dated March 27, 2025.
Zoning Administrator Determination: The above-referenced properties are subject to
Conditional Use Permit (CUP) #04-21 approved by Frederick County on July 14, 2021, for tractor
truck and tractor truck trailer parking. The CUP has the following conditions assigned:
1. All review agency comments and requirements shall be complied with at all times.
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2. A site plan shall be submitted and approved by Frederick County prior to the establishment of
this use on these properties. The site plan for the property identified as 43-21-7 shall be designed
to accommodate the future Route 37 ROW.
3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and truck trailer parking.
Staff reviewing the approved site plan and conditions of the approved CUP, noted an overseer present
at the site, as well as a portable toilet located on the property. In accordance with Section 165-103.03
of the Frederick County Zoning Ordinance, all conditions of an approved Conditional Use Permit
(CUP) shall be complied with. The site being manned, as well as the presence of a portable toilet on
site constitutes a violation of the provisions of Section 165-103.03.
Staff Comments: The above-referenced properties are in violation of approved CUP # 04-21.
Specifically, there were no conditions to allow the site to be manned, nor do any conditions allow
for a portable toilet to be present on the properties. The Frederick County Code only allows for use
of outdoor portable toilets on active construction sites and approved special events facilities.
Furthermore, the use of a portable toilet on this property is a pump and haul system that has not been
approved by the Frederick Board of Supervisors. The property has access to public water and sewer
and needs to update the site plan to allow for an overseer and on-site sewage facility. (Toilet)
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the violation of the conditions of CUP #04-21.
Summary & Requested Action: Staff is requesting the Board of Zoning Appeals to affirm the
determination of the Zoning Administrator, the Frederick County Zoning Ordinance, Section 165-
603.03. Conditional Use Permit #04-21 (CUP #04-21).
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.
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