Carroll County, MD Carroll County Board of Zoning Appeals, 26 Jan 2021

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From YouTube: Board of Zoning Appeals January 26, 2021

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https://www.carrollcountymd.gov/government/boards-commissions/board-of-zoning-appeals/

A

The horizon appeals to order here this morning and our first case is case number 628.

A

And mr dixon, would you go ahead and introduce the file for us? Please.

B

All right case 6287 an application for conditional use for commercial count and three distance.

B

Variances the site is located at 1280 woods: road westminster, maryland on property zone, a.

B

Agricultural district in election district, seven by andrew r jones code of public local laws and.

B

Ordinances, section 158.070, e1i and 158.040. A site visit is tentatively scheduled for wednesday.

B

January 20th 2021 at approximately 9 30 a.m. In the file this matter, we have the following documents:.

B

Site minutes on page three.

B

Govan sent a memo to various state local agencies.

B

On december 22nd, 2020 asking for a response is a january 15 2021 letter from.

B

Linda d, eisenberg secretary to the planning commission to the board.

B

After having reviewed the information contained in the attached analysis, the facts as presented.

B

In the application, the relevant portions of the plan and in accordance with the.

B

Provision set forth in the land use article. This conditional use request if granted.

B

Is not inconsistent with the policies? Timing of the implementation of the planned timing.

B

Of development, timing of rezoning development patterns, land uses and densities or intensities.

B

There's a january 12 2020 letter, I guess- should be 2021 memo from hannah weber, planning technician.

B

To the board, the above reference bza case has been reviewed for consistency with the policies.

B

And recommendations contained in the 2014 carroll county master plan, as amended in 2019.

B

The carroll county, water and sewer master plan and other functional plans.

B

The staff finding is that this request is not inconsistent with the 2014 carroll.

B

County master plan, as amended in 2019 and could possibly have an adverse effect on the.

B

Current use of the property due to the size of the property and surrounding properties.

B

Proximity of neighboring properties and the large variance reduction.

B

There is a response to joe vance's request to various state and local agencies from.

B

Laura matthaus bureau chief development review, a site plan will be required in accordance with.

B

Chapter 155.: there is a response to joe vance's request from tom harris permits and inspections.

B

A building permit is required for the kennel structure.

B

The areas for for viewing and interacting with the dog shall be ada accessible.

B

Hearing notice was posted december 28th 2020 by scott robinson zoning inspector.

B

There is a response to joe vance's request to vary state and local agencies from matt.

B

Shipley carroll county environmental health department comments proposed use may not.

B

Be acceptable unless it is demonstrated that there is an adequate water supply and adequate.

B

Area for the installation of an initial and two replacement septic systems for the proposed use.

B

And any existing uses on this property there's a newspaper ad dated january 4th 2021 for this case.

B

There is a response to joe vance's request from deborah bowers program manager ag land.

B

Preservation program, not in agricultural land, preservation per uh initials db,.

B

There's a response to joe vance's request from dawn.

B

Kenneth, humane society, animal control, officer, dispatch, comments, no comments.

B

There is a response to joe vance's request from christopher hahn: bureau chief resource management.

B

Comments no comments. There is a response to joe vance's request to various state.

B

And local agencies from j voigt zoning administrator comments, variants requested.

B

Are for setbacks from the 200-foot setback to property lines of the lot less than three acres.

B

200 feet from property line to 15 feet 200 feet to 43 feet; 200 feet to 95 feet from front.

B

Property line set back to rear property line, complied with 200 feet requirement.

B

Jovan said a notice of public hearing to the applicant of joining property owners and arrested parties december 22nd.

B

2020. then there's the application for the condition to use for commercial kettle and.

B

B

uh There's a location drawing from.

B

Looks like uh philip j and kimberly a veggiani.

C

B

I would ask that the file there's an aerial photo um with a blue.

B

Rectangular uh figure of the property too, I would ask that to probably entered in evidence.

A

Will enter the file into evidence um before we get started here this morning. Let me go.

A

Through the procedures that we use for a bza hearing, our procedures are that the.

A

Applicant, that would be the joneses go ahead and present their case for their application.

A

And after their testimony, then anyone from the public that may have questions about it can ask.

A

Them questions of their testimony and their board members will have the opportunity to do the same.

A

After they're finished presenting their case, anyone from the public can go ahead and make.

A

Their comments either for or against the request today, so that's the procedure we're going to use.

A

So if you um are going to testify in this case or uh I would ask that you raise your right hand and.

A

Take the oath, so the joneses, I would assume that would be you and any any other interested party.

A

So please raise your hand, uh do you swear or affirm under the penalties of perjury.

A

That the testimony you were about to give is the truth. The whole thing did nothing, but the truth.

D

I do yes, very good. Okay, thank you.

A

We have three people that have agreed to uh that have taken the oath here today.

A

Okay um and please, before you uh begin speaking, um uh please state your name address and occupation.

A

And spell for the record your last name, so with that, um mr jones, would you go ahead and.

A

Lay out what your request was here uh before the board of zombie appeals.

E

Good morning, andrew jones, uh so we're we uh 1280 woods road. I am a professional.

E

Firefighter in montgomery county and then also the business owner of eastwood english, labradors, llc.

E

And we have applied for the conditional for the commercial kennel license.

E

We have two dogs that we plan on breeding.

E

And in order to breed them the twice a year, we would need the.

E

Commercial license approval. We are not actually building a separate structure, we'll be operating.

E

Our house that we're currently in so there'll be no additional buildings based on the property.

E

We just need the license for the reading. uh All our dogs are up on their shouts currently.

E

And licensed with accounting, uh and we also have a electric fence installed for the dogs as well.

A

Okay, any other testimony, mr jennings.

E

Not uh just the main thing like we said that uh one, let everyone know.

E

That we will not actually be building a separate panel on the property, so.

A

Okay, because and okay, we'll go ahead, we'll let um we'll answer! Questions later. um Does.

A

Anyone from the public have any questions of mr jones testimony and again just ask kim questions.

A

Testimony you'll have the opportunity to provide your own testimonial, mr dale, mr barr socks. Yes,.

A

Good morning, good morning, the rest of the board, um I'm here on behalf of michelle tracy.

F

Who is an adjoining property here? Okay, I have some questions through the joneses.

A

But you can proceed. Thank you very much good morning, mr and mrs jones.

G

Good morning, um what is your residence address.

E

1280 woods road westminster maryland: you reside on the property now.

E

Yes, all right and the coils are the honors correct? Yes, sir, what is your relationship to the coils.

E

uh They are uh alina's, grandparents, okay um and are you renting space from the coils.

E

Yes, currently renting all right and where, where do you live on the premises? If I may ask.

H

The department hatched above the garage, my grandparents currently.

H

Reside in the apartment we live in the main house.

F

Okay, so they are residing in the apartment over the garage. Yes, they reside at 1280 woodrow as well.

F

Okay, so that has that garage second story been converted to an apartment. It was an apartment when.

H

They purchased the house in 2012.. All right, do you know, there's been a building permit obtained.

F

For that apartment unit, I'm sure that there was the apartment was built before we ever.

H

Purchased before my grandparents never even purchased, okay was put on by the previous owners.

F

The vacuums, I'm sorry, the vecchionis, uh I'm interested in the previous owner.

H

Okay, jenna's saying yes,.

F

All right, so the grandparents are in the apartment. um How long have you been residing there.

F

Since november of 2020, so roughly four months correct.

F

And the application indicates, your status is a contract purchaser.

H

I'm sorry, I can't hear you in your application that you filed with a board of zoning appeals.

F

It states that your relationship to the property is a contract purchaser. That's the rent for me.

F

I'm sorry, but I'm I'm not picking up the audience. We are in a rent to end situation. Okay,.

F

And is there a written document that establishes that rent and own situation.

H

Not currently all right, so it's kind of a loose arrangement so to speak.

H

At this moment, yes,.

F

And when did you enter this rent-a-loan arrangement.

F

It was original, I'm sorry was it at the time you moved in. You entered this rent-a-own arrangement.

H

No, it was discussed in september of 2020.. We sold our house that andrew and I sold our house that we.

H

Learned in tawny town to move out here with my grandparents and in september it was disgusting.

H

The place all right so there's no settlement date and.

F

No contract with contingencies on zoning, or nothing like that at all.

F

No okay, I'm just trying to yeah. I'm sorry! I was just gonna understand all right.

F

And do you have dogs now? Yes, we currently own okay, english, so we'll be breeding. Pardon me.

H

We have two english labradors. We will be breeding english labradors. Yes,.

F

Okay, those are the breeding stock you're intending you to use yes, labradors, okay,.

F

um And they're residing on the premises with you now, yes, okay,.

F

What are their ages? uh We have one registered under the name of jassy who.

H

Is april and we have a yellow female named nala, who is eight months.

F

Eight months and how old was the first one you mentioned uh 20 months, 20 months, okay, so.

F

Are you breeding them now? Jazzy has been been bred once yes,.

F

And that's which one is that jesse, the one that's image, two.

F

All right, the 20 month or eight month, though the 20 months, all right.

F

And where did you do that breeding was that before you, okay at 12,.

H

She became pregnant before we started uh residing at 1280 woods road, but her puppies.

H

Were born at 1280 with road all right, so you've already had one litter on site: correct, okay,.

F

uh Where will the dogs be kept on the property they're kept inside? We have a finished basement.

H

That has a room separate that we do all the birthing or that we do all the birthing and.

H

You know: there's heat water electric in that area. That is the main area where the dogs are.

H

Kept and then we have a fenced enclosure in the backyard where they are allowed to go outside.

F

All right and how long? How.

F

And what what is your background with these dogs or other breeds.

H

What is our background with these dogs I'll? Try to answer that to the best of my ability, I'm not.

H

Really sure what it is that you're asking I've been being mentored for the last two years by.

H

A breeder who has been breeding labradors for 33 years. I purchased both of my females.

H

Who will be a part of my breeding program from that shady side? Acres, which is the breeder, has.

H

Been banging for 33 years, um I've owned them both since they were eight weeks old right.

F

You're both of your females that you mentioned are those the two dogs. You have right.

F

All right so you're not going to be um you're you're, going to be breeding them off site.

H

No they'll, I mean I have to take the dog off site to be bread. You know with the stud.

H

Service but- and she comes back on and resigns here at 1280 woods road and gives birth to her.

H

Fluffies and the puppies are raised inside here at this house. The stud operation is not part of.

F

What you're contemplating at 1280? No, we just! We have two females that we intend to breed.

H

Jassy and nala the one that's 20 months old and one that's eight months old.

H

And those are the only two dogs that we even plan to breed, but for the county and the state. I.

H

Believe it's! If you're going to have more than one registered letter a year, you have to apply for the.

H

Commercial panel license, but we're not actually applying it got kind of tricky because we're not.

H

Actually applying to build a separate structure or to own and operate an outdoor kennel, you know.

H

The two dogs that we have that will be breeding will produce obviously more than one water a year.

H

It'll produce two liters a year, but they live inside with us. It's just like having family dogs.

F

Your application today is not necessarily dependent on structure; it involves the use.

F

Of the property um right to legally be able to read okay, how long have you been doing this? The.

F

Breeding of dogs, uh the literally visited was the first litter that we've had so less than a year.

F

All right, so your audio just broke up for me, so that one letter you mentioned was your first time.

H

It was our first letter. Yes, so we've been doing it less than a year.

F

How many liters per year do you anticipate producing at the sun.

H

Two two one from each of the dogs correct. Now you mentioned that these dogs are being kept indoors.

F

They're not outside great, they get let out to use the bathroom and go out and play and things.

H

Like that with us, but they're paper side and north you sleep indoors eating doors, they live indoors.

I

F

um Where were you living previously uh 32 o'brien avenue, tonytown maryland.

H

F

All right and what made you decide to move out of o'brien avenue and to your.

F

Grandparents, my grandparents are planning well my grandfather's, already retired, my grandmother.

H

Plans to retire soon and pretty big house and has an in-law suite. So my children and I and andrew.

H

Are moving into the bigger house and they're moving into the apartment, all right? How many.

F

Children, do you have two an eight-year-old and a five-year-old? Okay? Are you do the coils have dogs.

H

Have a york? Yes, one dog, two little yorkies, but they're they're, indoor, goats, they're. What.

H

Indoor they're kept indoor at all times: where are they kept in the apartment? With my grandparents.

F

And did the coils breed those dogs, no they're, speeding, neutered, like 15 and 16 year old.

F

So are your dogs registered anywhere with the akc.

F

Okay, so the house was there when you arrived, obviously- um and you want them inside.

F

You're applying for variances as well.

H

It was required yeah. It was required that we do so. Okay, um the legal standard for variances.

F

Is involves two things that there's something unique about the property and, according to the.

F

Board's authority to grant variances that there'll be some demonstrated unwarranted hardship. I.

F

Believe, yeah unwarranted hardship and injustice. So what is the unique aspect of the property.

H

My understanding of why I needed to apply for the variances when applying for the commercial.

H

Kennel license was because my property lines were under 200 feet from the neighboring property lines.

H

But I was also told I'm sorry: your grandparents property wants correct the property lines that.

H

We're applying for the variances on are my grandparents property lines, but andrew and I are.

H

The ones applying for the commercial panel license. I was told that I had to apply for the variances.

H

But that it really isn't this, I don't really know how to explain. It was like the technicality, but.

H

It would have been for building a structure out in the yard, but I'm not really applying for a variance, because I have no new structure being built. The.

H

Dogs are living and residing in the home, that's already on the property.

F

Well again, this this proceeding involves a use, not necessarily a structure.

F

And if the structure you're using is already in existence, that's the basis for the variance so.

F

That's the unique feature features the boundary line is where it is relative to that.

F

And what are you asserting as the unwarranted hardship, I believe, you're asking what the.

H

Hardship would be the distance, I don't I'm not really sure other than that. Okay, have you.

F

Considered doing this operation anywhere else? No, because our dogs are a part of our family.

F

But you know you're applying for a commercial count, yes for legality purposes,.

H

To prove that I'm responsibly breeding, so that I can get a license with the.

H

Carroll county, humane society, and so that they can come in and do a semi-few twice a year. They.

H

Will do an annual inspection of the area where my dogs are kept and prove that I'm doing things.

H

Appropriately and responsibly for the welfare of the dogs, okay, now how will your customers find you.

H

The internet word of mouth referral from other breeders in the local area.

F

Okay, but this is still a new experience for you, so you're kind of learning by doing every puppy in.

H

The letter that I just had was spoken for before they were born they're all already purchased well,.

F

And that sounds like you've had some success with your first letter.

H

Just kidding with the referral program that I'm a part of I'll have success with every letter.

H

That's right in this house. Okay, all right, um are you otherwise employed both of you.

H

Andrew is a professional fireman in montgomery county. I'm not you're, not employed.

F

And okay, you mentioned you, have two children they're living with you right: okay,.

F

I have uh no further questions at this point for uh the joneses.

F

Thank you thanks. Thank you. Does anyone else from the public have any questions of this testimony.

J

I do yes, okay, identify yourself, please. This is joyce king. My property is connecting.

J

Every butt in the back, if this is approved, there will be a commercial kennel on record.

J

In back of my property- and I called a realtor to check this out- and this is the potential.

J

This could affect the marketability and the value of my home, so I'm a little concerned about that.

A

Okay, miss kane. Do you have any questions of the jones's.

A

Testimony, no I'm just stating the fact that why this I'm on the here and why this affects me.

A

Okay, there there will be an opportunity for you to give your own testimony, but a little.

A

Bit later, we're trying to wrap up here with you, that's okay. This is this is your first.

A

Bza hearing, so you get a pass card. Okay, does anyone else from the public? Have any questions.

A

um I'm gonna try to share my screen. If I may.

F

F

All right can, can you see this screen.

F

Yes, all right um and for the board's edification, this is page 10 of that package.

F

um That is the use and occupancy permit and building permit application for 1280.

F

Woods, road and the page I'm showing you is the january 20th.

F

Amendment to the building permit for the three-car garage, um you can see the.

F

Description of work is a three-car garage with an unfinished second floor and to extend the.

F

Existing family room and bathroom in the house I'm going to roll this to the following page.

F

Which was the original application from 10 days earlier january, 10.

F

That has been abandoned, seeking a three-car garage with an apartment on top.

F

And if I may, if you'll hold on with me, I'm going to go to the first page, which is the permit itself.

F

And you can see.

F

That what is described on this permit.

F

Is an attached garage and breezeway with the second floor.

F

Unfinished now I obtained this yesterday from building permits. As the you know, the current.

F

State of affairs in terms of permits for this structure.

F

So my question- I guess to the joneses- is: are you certain that your living arrangement.

F

Is uh is appropriate, I mean, do you know anything about this to the coils.

H

Selena all right I'd like to introduce this on behalf of miss tracy.

F

I have earlier today forwarded this to ms vance and copied to mr dixon, by the way.

A

We will accept that end evidence, mr bowersox. Thank you, mr bill.

H

Well, I blocked.

K

Okay, okay, does anyone else have any questions of the jones's testimony.

A

Okay board members.

G

I'm sorry, sir.

L

I have a question.

M

Miss jones, we can't hear you you need to be closer to the mic. I think.

H

I can't hear any of you that was hard to hear you all.

H

You guys hear me now: yes, all right there we go. I guess I was just wondering.

H

What mr bower socks, what the relevance to my grandparents apartment.

H

Was but what what I want to know, what you're questioning.

H

With the unfinished floor above the garage, I'm just wondering the relevance to.

H

My two dogs, who will be having a litter twice once a year per.

H

Dog, I'm wondering what that has to do with my grandparents unfinished apartment that you're.

H

F

I asked you if you were aware that you've described two women.

F

At this location, am I aware of what.

F

H

Well, like, like stated earlier, there's not really a contract. We we live here.

H

We help pay bills here. My grandparents live here. The apartment has an opening that comes directly.

H

Into our side, it's not two separate entities, so you're bet you're, basically their guest.

F

Sorry you're, basically their guest their guests. I guess you.

H

Could consider it that I I don't really understand what you're saying I'm sorry, okay,.

A

Okay, board members, questions.

H

You hear me: okay, okay, crystal go ahead. You identify yourself.

G

Yes, absolutely, my name is crystal jones and I live at uh 1327 laurel lane, which is in the.

G

Same neighborhood, I just have a general question. If this permit is approved, I understand that the.

G

Intention right now is not to build a full kennel; it is only to breed the dogs in the home, and I'm.

G

Perfectly fine with that, I'm just curious. If a decision is made later down the line.

G

To turn it into a full kennel and build an additional structure and have more than just the.

G

Dogs that have been mentioned today on site will additional meetings need to take place for that.

A

I'll I'll answer I'll partially answer that, for you uh miss jones.

A

The the ques, the question, the question is about the number of dogs and the future.

A

uh Number of dogs, the board of zoning appeals, can put restrictions as to the number of dogs on the.

A

Property um and we can also put restrictions as to where they are housed and, for example,.

A

uh The way they're presently being housed, so those things are left up to the board of zoning appeals.

A

With a condition with a as conditions of the approval, if it gets approved, does that answer.

A

Your question, I believe so just to make sure I'm understanding correctly you're saying that if.

G

This does get approved, it'll be specified in the approval, the amount of dogs and where they will.

G

Be housed in this approval and should that need to change later down the line additional permits.

G

And licenses will need to be obtained. Is that correct? Yes at least it would have to go before.

A

The board of zoning appeals if they were found in violation of the conditions that this board may or.

A

May not want to put on on this approval. Okay, so thank you very much and your testimony is that.

A

The number of dogs and the way they're presently being housed is okay with you. Yes, that's correct.

N

O

O

M

Lisa, do you want to take off temporarily.

P

I can do that. Do we have any other questions from anybody in that has called in.

F

Apparently mrs cosman.

Q

Didn't have a question concerning any of the information that's been presented. I just wanted.

Q

To be sure that my comments were recorded so whenever that time is made available.

P

Yes, we will, we will come back to you and you will have the opportunity to provide comments. You thank.

P

You board members, anybody have any questions. Yes, I do. uh Mr mrs jones, you have two breeding females.

N

uh Are there any intentions of acquiring more in the future.

H

But our long-term goal isn't to stay residing at 1280 woods road to kind of further go on.

H

What crystal is saying if we do plant, if we do eventually decide, we want to.

H

Upscale and you know actually need a kennel outside or you know, have more than three.

H

Dogs breeding at this residence who have full intentions of moving and finding a larger property.

N

How many uh puppies are usually in a litter.

H

uh Literally, it can be anything from like one to ten. The current letter is seven, but they don't.

H

Ever come outside there, they reside in the house until they be eight weeks old and how long would.

N

You keep them before selling them eight weeks from the time that they're born so, for example,.

N

Mr dixon, a legal question for you: does.

N

A situation that is not consistent with the building permit in any way affect.

N

Zoning approval, in a case like this.

B

Well, I think we should hear from mr bowersox first he's the one that put the issue on the.

B

Table so let's hear what he has to say: we did, he did well. I it's. I think, you're dealing with.

B

The use of of the commercial kennel uh you're not dealing with the living arrangements, who can who.

B

Must have bedrooms in a kitchen? That's not what the board of zoning appeals. That's not the issue.

B

You're addressing so that's that's a separate issue that we don't have uh authority over right.

N

That's correct: that is the the code, the building code, official.

F

I have a question.

F

Mrs jones, I didn't hear your response. uh The audio, maybe on my end, is breaking up.

F

But how many dogs did you say? Ultimately, you wanted to have one site breeding one more.

H

Than I currently have, I currently have two and I would have missed three. Thank you. You're welcome.

M

Can't hear you melvin.

A

Can you hear me now.

A

Okay, I'm not sure, what's going on um the question I have for the jones is.

A

Presently you have two dogs and your grandparents have two dogs. So if, if your grandparents only.

A

Had one dog you wouldn't need, the kind of license is: am I correct in assuming that.

H

uh Yes, but both my grandparents dogs are, I believe, the one is 14. The one is 16 they're a little york.

H

Time to give your dogs they live inside they're, framed to use the bathroom and sort of like roll.

H

They use the bathroom inside, they literally don't go outside they're spayed, they're neutered.

H

They're not a nuisance to anyone. Okay, so you wouldn't have any issues.

A

With limiting the number of dogs and the present uh housing uh situation that you.

A

Have with your dogs, if the board was, uh uh if, if that was a condition of approval,.

H

I mean, obviously that would my my answer to that would depend on what you guys were gonna number me.

H

Are you gonna number me at three I mean as if so I have you know, there's four dogs already living.

H

Here so I mean, I think, that from what I understand, there's different levels of kennel licenses with.

H

I don't know about with you guys, but with the humane society, there's different levels to that.

H

There's one level that you can't have more than 10 dogs residing on your property.

H

That's the smallest level of kennel license. You can get from the carroll county, humane society.

H

So something like that. Yes, I'd be fine with you. I don't have any intentions of having 10 dogs.

H

Like I said, I've been on having three but my grandparents have two so.

A

Okay, any other board members have any questions.

A

Okay, at this point in our proceedings, this is time for anyone from the public to go.

A

Ahead and give their testimony so does anyone from the public uh have any testimony to give.

A

Go the redmonds, I I see, you have your hand up or you.

A

I'm I'm sorry, we you're saying.

R

You should be on stage okay, can I speak now? Can you hear me, can you understand me.

A

Yes, we can hear you yes, okay, thank you, uh I'm joan redman. I live at 1272.

R

Woods, road right next door to the jones and the coils and before I go any further.

R

I want to say that the joneses and the coils are wonderful, neighbors, they're, good people, they're.

R

Responsible and they're a good family and they're friends of mine and I'm glad that they're here.

R

They're trying to do the right thing, the right way, which sometimes can be difficult.

R

With that said, the hardship that approval of this waiver could be to the community, the road traffic.

R

We have a private road that we have to maintain. We have to pay to repair it. We have to clear it.

R

With snow and everything ourselves, so it's not a county road, so my concern would be.

R

The increase in traffic, which would be pretty minimal- I understand that, but it still is an.

R

Increase in the roads in bad shape, another concern I have would be that this sets a.

R

Precedent, as far as I know in the neighborhood, it sets a precedent for commercial property.

R

In the neighborhood- and we all moved up here and the coils and the joneses did so.

R

We moved up here because of the nature of the community being family oriented.

R

Quiet safe and it's not a public road there's only one way in and one way out, so this sets a.

R

Precedent for possibly other commercial variances, which could be a hardship on the community um and.

R

It would change the this particular variance, would not change the nature of the community, but because.

R

A precedent is that it could change the nature of the community in the future. If other variances are.

R

Approved for other commercial reasons that would maybe involve more traffic and more.

R

More more difficulty with the road, and my final concern would be as someone else mrs king.

R

Mentioned and I hadn't thought of this to have on the books a commercial panel right next door,.

R

Could uh make it more difficult to initially sell our house when the time comes to sell it.

R

With that said, I understand there will be no structures. I've seen these dogs, I've barked at.

R

These dogs, these are good dogs. These are good people, they're, very good, responsible people, but.

R

I just wanted to express the concerns that I have and possibly others in the neighborhood would have.

R

And I would ask that if this variance is approved, that the restrictions be put in the variance to.

R

Approve what the generators and what the joneses are requesting.

R

Approve what they're requesting and not open the door for.

R

Future requests from anyone, in other words just to preserve the community.

R

Just to protect the road with that said, these are good people. Thank you.

A

Okay, does anyone have any questions of this redmond's testimony.

A

Okay, does anyone else have any testimony.

A

This ms tracy, would like to um provide some comments. The award the strategy.

A

Your last name, please, okay, my name is michelle. Tracy last name, t-r-a-c-e-y.

S

And I reside at 1288 woods road, which is directly to the side of the joneses and.

S

Coils um technically they're in behind my house, so I'm the other variants that they're looking.

S

uh To have this commercial kennel variant and and here's the thing I'm going to talk.

S

About the elephant in the room, I think everybody does not like the term commercial kennel, and I.

S

I can appreciate what you guys are doing: you're great people, you're nice.

S

But you have to understand that people want to protect their properties and their communities and.

S

I actually work in the mortgage industry.

S

I'm a mortgage professional by trade, and I can tell you that.

S

Having it on the books that there's a commercial dog kennel right behind your house, isn't something.

S

That anybody wants to have, especially if you're, going to sell your home. um My concern is property.

S

Value, um you have to understand that you know being a homeowner, and you know property value.

S

Decline and future marketability- you know jones and jelly. You know, sally smith are going to come.

S

Over here and say, I want to sell my house and they hear that there's a commercial dog kennel license.

S

Granted right behind me, what does that do for me to potentially, if I need to sell my home.

S

um I agree with redmond's about the you know the road you know, I don't know how much traffic.

S

And everyone is concerned about this opening the door to future issues.

S

This is a rural community. I've lived here 41 years. My parents built this home in 1980.

S

And you know people want to keep the country and community, and I and I understand that you want to.

S

You want to keep the use inside your home and that's that's perfectly well and good.

S

But we all know that later down the road, nobody starts a business to keep it small.

S

And you know my concern is potential future growth of this and.

S

The fact that it's on the books is a commercial kennel. Basically, my well is.

S

Right by this property line, I'm not too tickled about that. Having a variance right by my well.

S

I'm 20 feet right away from that line, so you know, there's there's, there's multiple.

S

Things in the back of my mind that I'm you know concerned about is tracy the line you refer to. Yes,.

F

This is the variance of 157 feet from 200 feet to 43 feet from your property line, correct.

F

Correct and you've heard ms jones say well, maybe in the future we'll have to build something else.

S

Correct I'm concerned about that. You have a prior neighbor that tried to build something.

F

Can you elaborate on that for the board yes years prior, uh the vetciones actually wanted to get.

S

uh Have a variance against the property because they wanted to build a structure um in the front.

S

Of where the home is now, and they wanted to variance over close to the line which was right.

S

By my well and it was, it was um number one, it was declined because of that, but number two there.

S

Was no hardship, um there was no reasoning. He just basically wanted to build another large structure.

S

That that was you know, a variance was granted on the property and it was declined at that time.

S

It was for convenience only.

S

So you know I'm in round two with variances here.

A

Okay, miss jones. Would you like to ask questions of miss tracy's testimony so her and mr firestock.

H

Just said that they both heard me say that down the line, I plan to build another structure that.

H

Is not what I said. I said that I specifically do not fancy without another structure, while.

H

I'm residing at 1280 wood, road androgens and I are currently looking for property to build a.

H

House on so that we can upscale our business someplace else. We're completely aware that.

H

You guys like living out here in the rural community and we love the community and we.

H

Love the people out here and my grandparents and I specifically love the peace and quiet.

H

And all of that the traffic and things, I guess I do understand the concern there to a degree.

H

But no different than when you have a birthday party once or twice a year and you have 15 cars.

H

Driving back to your house, that's all the more that would be going on here at my house to have.

H

Somebody, like you know, say I have seven puppies. All seven families are going to.

H

Drive to my house that year and pick up their puppies when they're eight weeks old,.

H

That being said, this house is the second property on this lane, so we're the second people from the.

H

Pinch valley, road, which is the next best county road from the road which is a private road.

H

My grand my grandparents and I are always quick to go out and have trouble and help maintain and.

H

Do anything we need to do and we would always we would continue to do that. Anything. That's.

H

Maintain the road- um I don't really know what else to say other than that.

H

I believe you guys said as the board you guys are able to put in certain restrictions in place.

H

On how many dogs I can have whether or not I'm actually allowed to build a structure or not.

H

And I would be perfectly fine with you guys saying that I'm not allowed to build a structure.

H

Because I don't need to build a structure and I have no plans in building a structure outside of this town or one like I said I I know you guys have no control over this.

H

Private road, but everyone in this community knows that my grandparents and I are more than willing.

H

To do anything to help out the community, and that means going out and doing some kind of.

H

Work on our part of the lane, where people would drive on the first 200 feet of it and.

H

We would be more than willing to help do that. That being said, I do also understand.

H

I guess the the real estate aspect of things um I believe, when we would move from here, that it would.

H

No longer state that there's a commercial kennel behind your house or to the side of your house and.

H

To your goal would be for us not to be living here and have our business operating on another.

H

Property, because you are right, we don't we don't plan on keeping our business small small.

H

Tension of eventually growing, but we don't intend on growing this property. We intend.

H

On staying exactly the way we are, and none of our neighbors have ever even seen our puppies.

H

Here, as far as they're concerned, we only have the dogs that they see in the backyard being.

H

Held dogs, so the puppies being born and raised on the property and doors.

H

Is really of no effect to anyone else, and I guess I don't really know this or know how it.

H

Works, but even if you guys were to allow or permit us the commercial kennel license.

H

How would that become not like? How would everyone else find out about that? I guess.

H

Is my question for you all, because if we don't have some big large sign.

H

In the yard, saying oh commercial panel out back when anybody would drive by this house.

H

The yard's meticulous the house is meticulous, everything's, taken care of so well.

H

Unless you were to come in my basement, you would never know that there was even a puppy here.

H

Or a dog for that matter, because our dogs are not allowed to ruin the whole property.

H

You have a 30 foot, probably by 60 foot, electric fence in the backyard. You don't even have room for.

H

The full back property from I understand that there's a 43 variant between me and michelle.

H

Tracy's property for my grandparents and michelle tracy's property from that side of our house. Well,.

H

Our dogs are kept in the part of the yard, half of the yard on the opposite side from that, so.

H

They're, probably another 50 feet easily from where michelle tracy's well is so I'm not I'm.

H

Not quite understanding the concern there, I don't understand that nobody, like everybody.

H

Going to look into upgrading and maybe having another.

H

Won't be here at this property and we intend to fully respect all of you guys as witches, and I.

H

Don't know I don't really know what else to say: okay, anyone else from the public have any comments.

Q

This is gene decosmo I'd like to make some comments.

A

Okay, go ahead, and uh please are you able to hear.

Q

Sure so, good morning everyone gene de cosmo d-e-c-o-s-m-o, my husband and I reside at.

Q

1316 laurel lane, we moved here approximately 25 years ago to raise our girls. We, I am a nurse of.

Q

40-Plus years still working full-time, but also a realtor in a referral status. At this point.

Q

Again, we sought this property because we wanted a safe, quiet and private neighborhood. We moved.

Q

From baltimore city to raise our kids, I am very concerned about um a commercial.

Q

Zoning in a residential neighborhood for all the comments that folks have made prior to me.

Q

This is not a personal thing at all: it's not about the joneses. It's about the fact that we.

Q

All have a stake here. I'm also concerned about the single lane and while everyone.

Q

Says that they are willing to contribute, I will say that there's been inconsistency in terms.

Q

Of people joining and and clearing the roads, it's difficult, especially in inclement weather.

Q

And I don't necessarily equate a commercial marketed business the same as having a family.

Q

Birthday party again, I moved here for privacy and I feel that the neighbors are.

Q

Very much tuned into that, and that is one of the strong reasons that they've moved here. I feel that.

Q

If I wanted to sell my home, I would be obligated to let people know that there was a commercial.

Q

um Allowance within the neighborhood, and so it might be a disincentive for people who want to.

Q

Bring their children back here, not knowing what the potential could be so for those reasons.

Q

I just disagree and am not in favor of this request and again is absolutely nothing personal.

Q

About the bounces or the coils, it is just as a homeowner here. um Those are my feelings.

A

Okay, does anyone have any questions of mr cosmo's testimony.

A

Board members, any questions.

T

Yes, I I'd like to clarify one thing: in addition to the distance, variances is a lot.

T

Size variance needed, so this would be a question for either the joneses or j voigt.

A

Hey you want to go ahead and answer that.

I

um Okay, um they would need um minimum three acres for the property for any type of conditional use.

I

So if they're less than three acres, they would need a acreage variance.

T

In the file there's a reference to a lot size variance is needed.

T

It says three acres required and the existing acreage is 1.65 acres. uh Is that correct.

I

Are you asking me, mr works.

T

Whoever can answer the question.

I

Yes, as I understand it, the property is less than three acres.

T

No further questions.

A

Board members, any questions.

A

Okay, see no further testimony.

A

Testimony and evidence is now closed and some nations are in order.

A

uh The joneses would you like to make some comments.

A

I saw your lips moving, mr jones, but I didn't hear any any words I I so can do you have any some.

M

We can't hear what you're asking do we have any wood.

H

We're not building a structure we would be as respectful as as we know how to be with.

H

Breeding, the dogs and, like I said we don't have any intentions of growing larger and we.

H

Don't have any intentions of really staying here for that matter, just a stepping stone.

A

Okay, thank you.

A

Mr butterfly, do you have any summation comments? I I do I'll be brief. um We have.

F

Here a request for conditional use and variances there's three variances shown.

F

For um lot lines, the actually minimum distance requirements for this use.

F

And there's also, as mr wurst noticed and remarked about, there is a lot size, variance request.

F

So, let's take the conditional use first.

F

The schultz versus print standard is what you have here.

F

We have a commercial kennel that has been applied for um if I could share my screen for a moment.

F

Can you see that now.

F

This is the zoning ordinance definition of the two kinds of cattle is that, what's on your screen,.

F

On my screen I should say: yes, we can see that all right with a commercial kennel.

F

If you're breeding more than two letters per year.

F

um You need a um a commercial kennel license.

F

um That's the one thing the commercial kennel is referred to. If I may.

F

The commercial kennel is a conditional use in the ag zone.

F

Now, how how are the adverse impacts here different at this location than it would be? Ordinarily,.

F

On an egg zone site it for one doesn't fit neatly or easily onto the property.

F

You've got a board, you have 43 feet. um You've got, I think, less than 20 feet on one side.

F

And you've got a need for for the various variances in the lot size as well. Excuse me.

F

This it's being it's taking place. If you look at the application, the joneses have indicated.

F

That they are contract purchasers they've indicated that they have the same address.

F

As the owners we've heard today that they have what they're calling a lease to.

F

A rent-to-own arrangement- uh it's not in writing, it's not formal um and that they are basically.

F

The guests of the property owners and don't have any real articulable right to be on the property.

F

Now, if you take it a step further and you look through the information that we provided to you.

F

This is all taking place on a property property being used for two residences, a small agricultural.

F

Lot when it's only been approved for one residence in a three-car garage with an unfinished second.

F

Floor there were some problems. Many years ago I will suggest when the vecchiones attempted to.

F

Turn the garage into an in-law apartment hermits was made aware of it. That's why they.

F

Amended the building permit application that I showed you earlier today and it seems to be.

F

What's been, permitted is a residence and a garage, not an in-law apartment.

F

So there's a bunch of questions going on in this neighborhood you've heard the neighbors describe.

F

Woods road you've heard them describe the kind of close little community. You've heard the concerns.

F

Over property values: this is not the right site for this use. When you add all of that together.

F

Yes, they are talking about two dogs keeping them inside two litters per year.

F

That's all well and good, but what they've applied for is a commercial camera.

F

So we would ask that the conditional use be denied for that reason. As far as the.

F

Variances are concerned as a whole. There's been no testimony or basis in a record at all to establish.

F

Any unique circumstances of this property justify a variance. None there's also no.

F

Facts that have been introduced other than the convenience to the jones of getting a variance.

F

So they can do this, while they're staying with ms jones grandparents for an undue hardship.

F

So they don't qualify for the variance either. We would ask the application.

F

As a whole being an odd now, in the event, the board is contemplating some kind of an approval of this.

F

We would ask that any approval of this use- and this is not a.

F

Concession, this is just an alternative argument. It has got to be restricted to no more than four dogs.

F

Two of which are involved in the breeding operation, no external structures.

F

The dogs are kept inside and that it lasts only for as long.

F

As mr jones and ms jones are on the site, they've already indicated it's their intention to move.

F

And when they go they're taking the dogs with them, she described it as a transition area.

F

I commend miss jones. I think she was being very forthright but under the circumstance with all of.

F

The other problems that this property now has, um I I believe you should make any approval your you.

F

Might be contemplating subject to conditions that would address those factors. Thank you.

A

Okay, the hearing and records of this case is now closed and in accordance.

A

With the open meetings act of maryland the board, and it will now consider the case.

A

uh Who board members who wants to go? First.

A

Dr duncan, I guess I will. um This is an interesting case.

N

There are variances being applied for and the hardship with the variances.

N

You simply can't move the house to meet those distance requirements. uh We've heard from the.

N

Joneses that there will be two uh breeding dogs with one litter a year, but one liter each a year.

N

uh And I I um we heard mr dixon's legal opinion that whether or not the garage.

N

Meets the perm occupancy permit is not does not really bear on what we have to decide here.

N

I would be inclined to vote for it with a limit of two two dogs, no structure.

N

To be kept inside and two litters a year.

A

Okay, mr words, yeah. I have concerns about the application. uh The requested variances are.

T

Major in nature and the lot size variance wasn't reflected in the agenda. So there's four major.

T

Variances being requested, I personally, I don't see anything unique about this lot. That would.

T

Justify the variances: the lot is similar in size and shape to many other lots in the neighborhood.

T

And I don't see any undue hardship, there's already a reasonable use of the property.

T

So I'm inclined to not be in favor of the request.

A

Okay, mr simmons.

D

Did you hear me melvin.

A

I can hear you now, mr simmons go ahead. I want to hear lisa's opinion on this.

D

A

Of course, mr I concur with dr dunkelberger. However, I am also inclined, in addition to the conditions.

P

That he set to stipulate that this use can only exist as long as the joneses are in occupancy.

P

At this resonance and once they move, it would cease. So um you know I understand.

P

That the neighbors are concerned and the the word commercial kennel has been thrown around since the.

P

Beginning of the hearing, I think mr bauerstock's pegged it, though this is not a commercial kennel.

P

We're effectively talking about two, what appear to be responsible potential or you know, want.

P

To be breeders, or I guess effectively, breeders since you've had you know, bred your first litter.

P

Attempting to do the right thing, so they can qualify as responsible breeders and.

P

You know I feel, like they're being punished or there's the potential for them to be punished and not be able to have this use on their property.

P

Because it doesn't fit neatly into the box, I I don't believe that they're intending to build.

P

Other structures, I don't believe that they're, you know planning to expand this operation so.

P

Again, I'm inclined to agree with dr dunkelberger but limit this to for their use. Only.

D

P

Once once the joneses are no longer in residence, then this use goes away. I don't believe.

P

I do not think that we should be. You know, granting approval for a commercial kennel.

P

On this site, but I do think that we can grant what they are asking for. Specifically.

D

I agree with you lisa. I have some problems as I do with other cases that involve future.

D

Maybe what-ifs.

D

I'm hard-pressed to think of another property that would be more suited than this one. For this.

D

D

I I think the joneses are you know from what I can hear and it's basically I'm at a distance.

D

I can't even see the people uh and with the intermittent interruption to the sound that I have.

D

Similar to mr bale's problem, uh I I hear them and I believe them.

D

And I I tend to vote according to the conditions imposed or suggested by dr donkel berger.

D

I'll vote in favor, with with your additional uh condition, lisa.

N

I want to just I want to disagree on the conditions I suggested. I I would suggest.

N

Two breeding dogs. We heard testimony that the grandparents dogs are old.

N

If one of them should pass away, does that mean they could then have three breeding dogs.

N

So I'd like to change we're talking about two breeding dogs.

D

Isn't that accurate? Yes, but but there are two other dogs and if we.

N

If we do a kennel for four dogs and limit it to four dogs, two breeders and two grandparents dogs.

N

One of the grandparents dogs passes away. Does that mean then we can have another breeding dog.

D

I think two breeding dogs is a condition.

P

I would agree with that. Okay, um I'm gonna make my brief comments here.

A

They've been there for three months there doesn't seem, there hasn't seemed to be any problems with.

A

The two breeding dogs, the the problem, seems to be with the definition of the commercial kennel.

A

And you know, therefore, I'm I'm in faith with the conditions that everyone else is.

A

Has put forth but with that I'll entertain them.

C

Hello, this is elon fisher speaking.

A

Mr fischer, we're on a previous case, so if you could just hold on the line, okay,.

C

I was just wondering where we're at or when should I come in.

A

um This is actually the case that we started at 10 o'clock.

A

It'll be a little while ago, okay and yeah. When should I come back in.

T

A

How about how about try back in mr fisher in a half an hour all right! Thank you I'll see you, okay,.

C

May I make a suggestion. I know this is not typically how we do these things.

F

In light of the words in light of where the boards discussion is gone, a commercial kennel allows up.

F

To two excuse me: a commercial kennel is necessary if there are more than two litters per year.

F

If there's not two liters per year, this actually looks more like an accessory use.

F

So would it and I'm just trying to to get this right.

F

With the various restrictions you considered, would it be better to table this for now refer it to mr.

F

Voigt to determine the propriety of an accessory use of the location subject to those conditions.

F

And that way you know you don't have to worry about the specter of a commercial.

F

Use being approved, a commercial cannot be approved, it's just a thought.

D

I appreciate that mr.

A

But but they they testified that each dog would have a little year. So that would.

A

So, therefore, that that's the need for the commercial.

A

uh Kennel license well, the language of a code is reading more than two litters per year.

F

And if they're at two they're, not over they're, not more than two.

N

Mr power fox a question of you: why didn't you have that thought earlier.

F

I hadn't heard any of the testimony and I was left with the application that my client received.

I

Mr chairman, can I say something.

A

Yes, jay go ahead, um it is true the way the code is written, that um a commercial panel is, if you have.

I

um Two dogs that do more than two litters a year. If you have two dogs and each dog.

I

Is only doing one litter a year that is not qualify as a commercial kennel.

I

That would be an accessory used to the property.

I

That being the case, if it's like you say, if that that's all they're having is just the two litters.

I

One from each dog technically wouldn't need the approval for the commercial kennel.

A

But mr voight, they the grandparents, have two dogs. They have two dogs once you get to.

A

Four dogs on the property you have to have the commercial account license correct now, actually.

I

No, they can apply for a private kennel, which is no more than 10 dogs on a property as pets.

I

So if they're not doing a commercial business by having more than two letters a year.

I

Then they could get a private kennel.

I

And still comply with the law. Okay, many comments about this.

H

Yes, I was just under the impression that comments and questions from anyone other than the board.

H

Were over at this point in time, but I guess that's not the case so when mr bowersox decided to.

H

Ask for another question. I then have another comment. I guess um you guys are saying I can have.

H

Potentially, what you guys are saying, if you were to approve it, the stipulations would look like the.

H

Commercial kennel license has to be non-void on this property. When mr earns and I stopped living.

H

Here and we can only have two breeding dogs living at this residence, no more than four dogs living at.

H

The residence correct- that's what's been said: well, if I'm allowed to have two breeding dogs.

H

I could technically have up to four letters a year off of two dogs at this time.

H

I plan to have one litter only have one dog or enough to breed next year. At this.

H

Time I will have two dogs who are old enough to breed, and one dog can be bred.

H

Two times a year so to go back to state what mr boy and mr bowersak said, isn't true.

H

I couldn't have a prophetic kennel. I would have to have a commercial kennel and to be.

H

In good standing with a humane society and to be considered a breeder and for them to not come in.

H

Great length with um the officer at the humane society, I would need a commercial.

H

License that is the reason why we put in the 800 and apply for all this in the first place,.

H

We're trying to do everything the right way and we came into the situation. 100 aware that.

H

You guys could deny our request, but there are a lot of breeders in this county who you guys may.

H

Or may not even know about that, do everything backwards. The humane society has no idea about.

H

Them they don't do anything legally and here, like someone else had stated a little bit ago, we're.

H

Just trying to do the right thing you very well could have done this, and nobody would have even.

H

Known because nobody sees any other dogs, except for our two labradors, that run in the backyard.

H

So we could have done this and kept it on the fly, but we are trying to do things. The right way. We're.

H

Trying to do things legally we're trying to get through all the appropriate channels, and I guess.

H

That's all I have to say at this point, but I do believe that there is a difference between a need.

H

Or use of a private kennel versus a commercial kennel. And although I feel as if commercial.

H

What if the category that that falls under is what I need.

H

To be approved for to be able to do what I need to do at this property with my dogs.

H

So I don't know if, like I said, I was just a little bit confused because I.

H

Thought you guys were done with questions and comments from other people other than the board.

A

Okay, we've heard what ms jones's comments are in mr bowersock's.

A

Board members: are we ready for a motion at this point or further discussion.

N

I'm ready to move on and I moved in case. 6287 approve a private kennel.

N

For a limit of two breeding dogs with one litter each a year.

N

To be raised inside.

A

And and the associated variances and conditions, uh as requested in the application.

A

Let me let me amend that uh and that, when they.

N

uh If they move that the um commerci, the kennel approval goes with them, it ends rather.

A

Okay, do I have a second.

P

I'll second, it.

A

Okay, is there discussion on the motion.

T

Is the motion to approve a commercial kennel or a private kennel.

T

N

I think the screenshot that mr bowerstock showed.

N

Would would probably make it a private kennel because of the number of litters a year.

O

Unless I misunderstood, I'm sorry go ahead. Mr vale, I feel like um the joneses needed the specific.

P

um Classification as a commercial kennel to be able to be breeders or recognized.

P

By the humane society- and I guess the a key is akc um for for what they're doing.

A

That's my understanding and if they actually had more than one litter out of each one of the dogs.

A

Per year, that would require that they have a commercial kennel license. Well correct me if.

T

I'm wrong, but in gary's motion he said private kennel, not commercial kennel. That's what I heard.

N

I'm amenable to changing it.

A

I I think, in order for the genesis to comply with the humane society uh and the american kettle.

A

Club they have to have a commercial uh kennel license. So would you be amicable to that that.

A

Are you amicable to that.

A

Yes, okay, so we have a motion to um give conditional use for a commercial.

A

Kennel and the in the distance variances is everybody good on that any further discussion.

A

All those in favor say hi. I raise the right hand. I.

A

All opposed, no I'm, my my visual is is down right now.

A

Mr works, how did you vote on that? uh My vote is now.

A

Okay, so the the motion carries so the approval is is given with those conditions in the motion.

A

um Our oral decision will become final upon a written decision which will be issued within.

A

30 days, unless otherwise extended by this board, the board's decision may be appealed by filing.

A

A petition through judicial review with the clerk of the circuit court for carroll county.

A

In accordance with the provisions of chapter 200, title vii of the maryland rules of procedure, the.

A

Appeal must be filed within 30 days of the date of the board's written decision.

A

This hearing is over and we're going to take about a three or four minute break.

A

I have to reboot everything I don't have visual right now. So I'm sorry about that. So, let's take.

A

About a three or four minute break, and we will go to our next case. Thank you. Thank you.

P

To an application for conditional use for country in um will now come to order.

P

Mr dixon, would you please introduce the the files all right case, 6292, an application for.

B

Conditional use for country in the site is located at 125. Cape wagner, road westminster.

B

Maryland property zone, a agricultural district in election district 7 by karen e stewart.

B

Code of public local laws and ordinances, section 158.070, e1t and 158.071 d7 a site.

B

Visit is tentatively scheduled for wednesday january 20th 2021 at approximately 9 15 a.m.

B

Just for the record, there was a uh a postponement request by uh clark shaffer in this matter and the.

B

Postponement request was denied and then there was a, uh I guess, a motion for reconsideration by.

B

Mr schaefer and that motion for reconsideration of the postponement request that was denied.

B

All right in the file this matter, we have the following documents:.

B

uh There's the site minutes: there is a january 23 2019 letter from mr schaefer or from melvin bell.

B

To uh mr schaefer that the board um denied his request for reconsideration there's a.

B

January 14 2021 letter from clark shaffer to the board requesting a postponement.

B

On behalf of his client um kim unsell,.

B

B

January 15 2021 letter from linda b eisenberg secretary to the planning commission to the board.

B

After having reviewed the information contained in the attached analysis, the fact says presented.

B

In the application, the relevant portions of the plan and according to the provisions set.

B

Forth in the land use article, this conditional use request if granted is consistent with the.

B

Policies: timing of the implementation of the planned timing and development timing of rezoning.

B

Development patterns, land uses and densities or intensities there's a january 12 2021 memo.

B

From hannah weber, planning technician to the board, the above reference bza case has been reviewed for.

B

Consistency with the policies and recommendations contained in the 2014 carroll county master plan.

B

As amended in 2019, the carroll county, water and sewer master plan and other functional plans.

B

The staff finding is that this request is consistent with the 2014 carroll county master.

B

Plan as amended in 2019 and would not have an adverse effect on the current use of the property.

B

There's a response to joe vance's request of state and local agencies from laura mathias bureau chief.

B

Development review comments, a site plan will be required in accordance with chapter 155.. There's a.

B

Response to joe vance's request of air state local agencies from tom harris permits and inspections.

B

The events tent shall be considered as several as seasonal use, with a six-month limitation per year.

B

If portable restroom facilities are to be used with the health department's approval, the.

B

Number of events would be limited to 12 per year. Accessible parking and routes will be addressed.

B

During the site plan process, a building permit shall be obtained for each yearly. Seasonal use.

B

There's a january 12 2021 letter from clark shaffer. um It needs time to conduct inquiries.

B

Investigations and studies that may be appropriate to evaluate and potentially contest the matter.

B

uh Hearing notice was posted december 28 2020 by scott robinson zoning inspector.

B

There is a response to joe vance's request: request from matt shipley carroll county.

B

Environmental health department proposed use may not be acceptable unless it is demonstrated that.

B

There is an adequate water supply and adequate area for the installation of an initial and two.

B

Replacement septic systems for the preferred use and any existing uses on this property.

B

There is a january 6, 2021 uh email from.

B

Looks like barbara mcmahon to mr voight. She lives at 32, kate, wagner court.

B

She had his concern about music that would place that would take place at events on a regular basis.

B

And that noise she enjoys the peace and quiet of sitting on her deck and listening to birds.

B

And talking with friends, there's a january 4, 2021 notice, the public hearing for this case.

B

There's a response to joe vance's request from deborah bowers program manager ag.

B

Land preservation program comments, not in agricultural land preservation per.

B

uh Db, debra bowers there is a january 4 2021 email to j voigt from amy barcroft.

B

She won't be able to attend this hearing. She lives across the street on kate wagner court.

B

She has a concern about the music within a reasonable volume.

B

She's not struck she's, not trying to stop this from happening, but as a property.

B

Is my largest investment? She wants to protect it for for the future and our quality of liberty.

B

There is a response to joe vance's request to various state local agencies from christopher.

B

Resource management no comment.

B

There is a response to joe vance's request from various state local dave, voigt donating.

B

Administrator england, we'll need a site plan approved by the planning and zoning commission.

B

There's a notice of public hearing for this case uh dated december 22nd 2020.

B

And then there's an application for conditioner youth foreign country is.

B

uh There there are plans in in the file from bpr inc for this place.

B

There was a complaint about two illegal businesses being run from the property.

B

That the zoning administration did an investigation on.

B

Then there's some photos of the property.

B

I would ask that the file be entered into evidence.

P

Could I get a motion so moved? Second, second, all in favor say aye or raise your right hand.

P

All right, the motion carries, the file will be introduced into ev.

P

I believe mr bale is back with us, uh perhaps maybe caller seven. Mr bale, can you hear me.

C

uh I'm on the phone, but I have no visual. So it's a little.

A

Hard for me to run the meeting so could you run the meeting and I'll I'll be here.

P

Okay, thank you, um mr shaffer. uh Prior to opening the meeting.

P

Brought up the fact that he had asked for excuse me a postponement, and mr bill was my understanding.

P

um That you were going to perhaps address this the hearing, this hearing.

A

Yes, it was, it was my my uh response to mr shafer was based in part on legal advice that we.

A

As a board got, and also a conversation that I had with each member individually,.

A

Before I sent that letter, so I don't know if that answers mr schaefer's uh question or an eyes.

U

It it answers. It gives me some more information because, but it does not answer the question I I.

U

Just want to make a formal on the record objection to the denial of the postponement request.

U

And to clarify the record so that it's clear, because all I have before me is that I filed.

U

Two thing: two requests in writing. I have no written response other than.

U

A a two-line letter from the board saying no, um so if I may uh I'll be brief here, I think.

U

This, the zoning inspector, not due to a complaint by the unselds, my client, visited that property.

U

On october, 15 2020 and informed the applicants that they needed to file zoning applications.

U

They signed the this zoning application on about november 30th, 2020 and probably.

U

Filed around that time, my clients did not get any notice of this.

U

Until over the christmas holiday season between christmas and new year, when they received a letter.

U

They immediately called me. I then called the bca offices, because all they got was.

U

A four or five line, description country and no other information, and they had no prior notice.

U

That this application was going to be made despite having been neighbors out there for.

U

20 years or so 30 years, in any event, I then tried to go look at the file at the bga offices, but the.

U

Bz offices were closed over the holidays. I went over on the monday. The the first day of.

U

January and january 4th to look at the [ __ ] and at that point I got copies of the file.

U

And and proceeded to talk to the young cells and start to prepare the matter.

U

I'm not going to go into detail, we were unable, in our opinion,.

U

To meaningfully investigate what was going on and prepare for the matter.

U

I then filed the first request for postponement in writing and in accordance with section.

U

158.133 f of your code, which says that if you file less than 10 days, if you request a postponement,.

U

Less than 10 days from the hearing, you're required to support it by affidavit and show good cause.

U

It then says: if you file more than 10 days prior, it's in the discretion of the board. Now they make.

U

No difference to you, but in my experience over 40 years and by the way, I don't think this word.

U

That particular section has only probably been in the code for about 15 years 20 years.

U

First, requests for postponements, made more than 10 days are almost routinely granted, not in the code.

U

Okay, it's in the discretion of the chair. The chair in this case went out of his way.

U

And I applaud him for it to uh check with the board, because I I guess you could see it was.

U

An important decision or whatever, but the bottom line, is that it is I submit to you.

U

That it is very clear and- and I don't know at this point- I have no idea what reasons.

U

Are out there, if any, that this postponement is bad or hurts anybody.

U

Because I've never gotten a written response from the opponents.

U

And I've nev all so so I submit to you that it is not fair uh to deny this postponement.

U

That it does in fact prejudice the unsalted preparation investigation. I proffer to you that.

U

I called two traffic experts, both of whom, over a week or two period, told me we don't do opposition.

U

Work, meaning they don't. They don't testify in in support of people that are opposing applications.

U

Now whether we would get a traffic expert- probably not at this point, even if we had 30 more days.

U

You never know, but it is prejudicial to the uh to the applicant. I think you can see that from your.

U

Everyday life, if you got a notice in the mail that your neighbor was proposing a major use.

U

And it was a three line notice and you were then put on a time period where it was about.

U

22 days, 22 calendar days to uh investigate, see if you maybe would get land use consultant.

U

Maybe talk to an appraiser, maybe figure out, maybe talk to your neighbors, which.

U

We'll get into that later, so I respectfully request that you revisit uh that you consider.

U

The request for postponement and grant the postponement today, I think it would allow.

U

Us to investigate the matter, I know it would it's possible, although not guaranteed, that it would.

U

Allow for a uh some sort of neighborhood peace uh accord, um any exigency on behalf of the applicants.

U

Here seems to me is ameliorated by the fact that they've had plenty of time to deal with this.

U

And if they have an exigency, it's of their own making, um for instance, if they've got.

U

I understand from the zoning investigation file they've scheduled a wedding for may.

U

They got one scheduled for, may I don't know, if that's one of the reasons, because there are no.

U

Reasons but I know that from the zoning investigative file- that's not my problem.

U

That's that thing on your desk that says your failure to plan does not constitute my emergency.

U

So I respectfully request that you revisit the the decision grant the postponement.

U

Give us the 30 days or, however long it is, and let's see what we can do.

U

And I appreciate the opportunity to to uh make my uh statement the beginning of the case. Thank you.

P

V

Thank you, ms eckert good. Ten minutes afternoon board members. uh My name is matt lazariaga and.

V

I'm representing uh the applicant in this case in um darren stewart in good feelings, farm llc,.

V

um I'll respond just briefly and pointing out that mr schaefer correctly pointed out that.

V

All decisions regarding postponements of bza cases are within the discretion of the chair.

V

Of the bza, at least as it relates to subsection f2 in um requests made more than 10 days prior to.

V

The hearing and then within 10 days, it's in the discretion of the entire bza based upon.

V

What the chairman has indicated, it sounds like the entire board had the opportunity to weigh.

V

In the first time this has been requested, um I don't know if they've had the opportunity to be.

V

Consulted as to the second time, but um as far as what's what's the hurry.

V

In this instance, I'd respectfully represent the board. The applicants in this case are in a favored.

V

Status, this is a conditional use that is presumed to be appropriate for their property. So long.

V

As they chatted a number of items on the list, that are the conditions associated with the use.

V

They can do that today, they're prepared to do that today. Obviously the applicant's gone.

V

Through the exercise of hiring me she's paying for my time and my services, mr bechtel, is there.

V

With she's paid for his services he's here today and we're prepared to create a record.

V

That, I think, is going to not only be successful before the board. Hopefully, but it's going to be.

V

Solid enough that, even if there were speculative evidence to the contrary, I think it would be a.

V

Successful application now to to be complete on the thought of the postponement itself.

V

And I encourage the board to consult with its legal counsel on this. To the extent it already.

V

Has not a discretionary call is one that is not going to be disturbed.

V

Unless it is an abuse of your discretion and uh the only thing cleveland property suggests that.

V

A postponement ought to be granted is that young cells have found themselves in a position like.

V

Anybody else in a zoning case where they receive the notice of what's going on and they weren't.

V

Able to secure the type of evidence or supporting testimony that they wanted to prior to the hearing.

V

I I'm not unsympathetic to that. I've had clients where that situation happens. All the time.

V

But uh just because their efforts to obtain a traffic expert or someone else.

V

Were not unsuccessful because somebody wasn't available, but because the people that were.

V

Consulted just don't do that work. I don't think that that constitutes a good basis for continuance.

V

And I request that the the board hold its decision made once or twice to not continue today's case.

W

A question please: uh yes, thank you. um Excuse me we're doug and wendy rook our property.

W

Directly adjoins um the property in question: um we are roughly to the southeast of them.

P

I'm sorry excuse me is this: is this in relationship to the.

P

Request on the table for a postponement, if it may be yes, okay,.

W

Sorry I should have clarified my concern is that our property directly adjoins the stewards.

W

And we received no notice at all from anyone about um any kind of a hearing or a request for variants.

W

There has been hearsay among neighbors that this was coming um and we got a text last night.

W

From a concerned, neighbor saying hey, there's a meeting tomorrow, you might want to take a look.

W

I don't know if that would have any bearing at all on a postponement or a continuance, but we've.

W

Had no time at all and our property adjoins the one in question, as does the unselds. Thank you.

U

Madam chair, that I was going to bring this up as my second preliminary, but now that mr mr.

U

Mrs richard brought it up, I looked at the list of adjoiners and without going through them.

U

Sedulously, it was very clear to me that there were no notices provided to anybody across.

U

Kate wagner road from this property. Now, interestingly, your zoning ordinance refers.

U

To contiguous property owners with which mr and mrs rootch have just indicated, they are.

U

But page five of your zoning application itself and the one that was filled out by ms stewart.

U

Where she was required to list those property owners says and any owners of property situated.

U

On the opposite side of any street or road from the property involved in this application,.

U

In order that notification of the public hearing can be forwarded, that was not done in this case.

U

And across the street are several properties, uh including the edge of diamond hills.

U

Which is a 2 3 400 unit subdivision? So I believe that that is a due process. Procedural defect.

U

Which, frankly, would be better and would could be corrected.

U

uh In the event of a postponement, uh by providing proper news to uh to people in.

U

Accordance with your policies and procedures on the application form itself, thank you.

P

Thank you, mr lazariagi. Do you have anything to add to that statement.

V

uh I do thank you, mr eckert, um as uh mr shaffer pointed out, the adjoining property owners.

V

uh The certification was filled out by my client prior to my involvement.

V

That's a pretty that's a pretty big issue for due process for anybody in the neighborhood.

V

So I venture to say if we were successful today.

V

That would probably be grounds for somebody to appeal, so I will leave it at that.

P

Thank you for your candor, mr bale,.

K

Listen randy from bpr.

K

Yes, uh looking uh I apologize to, the rouches did not pick up pronounce their name, but they.

K

Are not a direct adjoining property owner? Their property is separated.

K

From the store property by the unseld property.

V

Yeah, that is accurate. The driveway does go through yes between.

N

Miss edgar, if all the uh neighboring properties were not properly notified, I would suggest we.

N

Ought to consider a postponement. I would agree with you, dr dunkelberger. I will entertain a motion.

D

Gary you, you want to make a motion gary. No, you go ahead, I'll! Second, it if I like it.

D

I think you will um I'm looking for the case number and I can't find it right this second.

D

What is the case number 62 92. in case number 6292. I make a motion that we postpone the hearing.

D

Until all proper notifications are carried out, second.

P

All in favor say aye or raise your right hand, please hi aye,.

P

All opposed mr bale.

P

A

Hi, didn't you see me raise my hand? No, my apologies. Okay. Then. The motion carries then.

V

May I make an inquir uh ms hackard you're, muted.

P

um My apologies.

P

Okay, so the hearing and record of this case is now closed.

P

um My apologies, I've never had a postponement, I'm not sure what comes next.

B

Joe, what's the next date going to be for this hearing? What did you say, tim.

B

I asked joe vance when the next date would be for this hearing.

D

Probably the end of february.

M

February, 23rd, by the way, if I may, this is probably more correctly described as a continuance since.

U

The hearing has been called and uh that serves the purpose of uh at least letting everybody.

U

On the call know, what's going on without providing them explicit notice in the future.

U

uh Just a point, I think it I think it's an anyway a point. This is a continuance uh and now.

U

Mr dixon, yes, let's find out when the continuance is two so that we can state it on the record.

U

uh So everybody that's on the record knows when it is. Thank you very much.

B

All right jovan said the next day's going to be february. 23Rd, so you'll find out.

B

You'll notice the time, but that that'll be the date of the next hearing. If, if I may inquire.

V

At first I agree with mr schaefer about it being not a continuance by way of nature on the 23rd.

V

I'm not going to let this other matter. I have stand in the way. So if I'm told.

V

No, that's fine. I have another administrative matter that day at ten o'clock, is it possible to.

V

Be scheduled in the afternoon or is that entirely dependent on the remainder of the schedule.

M

I can do that, you guys might might have a gap. um The other option would be just to hear.

M

Two cases on the 23rd- and here mr lazarian this case on the 24th, whichever would be preferable.

D

Mr lazariaga, due to 24th.

V

uh Yes, mr simmons, I can't.

U

D

Other board members.

P

That should be fun.

T

It's fine with me gary.

M

Gary has stepped away for some reason.

K

Excuse me randy with bpr and here with the applicant, we're both available on the 23rd.

D

You need a motion. Do we need a motion to do this? Mr jackson, do we need a motion.

B

I'm sorry I didn't hear you do we need a motion to.

P

Reschedule or to schedule the continuance on february, the 24th, or are we good just uh no.

B

We just announced it you're already granted the continuous, so we just all, we need to do.

B

Is give them a date, so it's going to be the 24th. Do we know the time or we no just know the 24th.

P

uh Joe is that could be nine yes, okay february 24th at 9 a.m. We will continue this case.

P

Hearing is adjourned. Thank you. Everybody.

A

He'll introduce the file. Thank you all right, case6294, an application for a conditional use.

B

For a commercial kennel for up to 20 dogs, the site is located at 1800 broadback road hampstead.

B

Maryland on property zone, a agricultural district and election district 8 by elim.

B

S fisher code of public local laws and ordinances, section 158.070, e1i and 158.040.

B

A site visit is tentatively scheduled for wednesday january 20th 2021 at approximately.

B

Approximately 9 50 a.m and to follow this matter, we have the following documents:.

B

Site minutes for this case, there is a response to joe vance's request to.

B

Various state and local agencies from hannah weber, comprehensive planner bureau of planning.

B

That's a january 12 2021 memo states, the above reference bza case has been reviewed for.

B

Consistency with the policies and recommendations contained in the 2014 carroll county master plan.

B

As amended in 2019, the carroll county, water reserve master plan and other functional plans.

B

The staff finding is that this request is consistent with the 2014 carroll county master.

B

Plan as amended in 2019 and would not have an adverse effect on the current use of the property.

B

B

January 15 2021 letter from linda d, eisenberg secretary to the planning commission.

B

After having reviewed the information contained in the attached analysis, the facts as presented.

B

In the application, the relevant portions of the plant and in accordance with the provision set.

B

Forth in the land use article, this conditional use request if granted is consistent with the.

B

Policies: timing of the implementation of the plan, timing of development timing and.

B

Rezoning development patterns, land uses and densities or intensities.

B

There's a response to deviance's request of a state and local agencies from laura matheus.

B

Bureau, chief development review, a site plan will be required in accordance with chapter 155.

B

There's a response to joe vance's request to from tom harris permits and inspections.

B

A building permit is required for the kennel structure, the areas for the viewing.

B

And interacting with the dog shall be ada accessible, there's a response to joe vance's.

B

Request from matt shipley carroll, county environmental health department proposed use.

B

May not be acceptable unless it is demonstrated that there is an adequate water supply.

B

And adequate area for the installation of an initial or two replacement septic system.

B

For the proposed use and any existing uses of this property hearing notice was posted.

B

December 28 2020 by scott robinson zoning inspector.

B

There is a newspaper advertisement dated january 4th 2021 for this case. There's a response to.

B

Joe vance's request from deborah bauer's program manager ag land preservation program.

B

This property is restricted by a state mouth conservation easement that does not allow dog.

B

Kennels, as they are a non-agricultural commercial use, this requested use therefore cannot be allowed.

B

That's from deborah bowers program manager ag land preservation program.

B

There is a response to joe vance's request from dawn, kenneth, humane society, animal control officer.

B

Dispatch comments, no comments. Please response to joe vance's request from christopher p.

B

Hein bureau chief resource management plot plan does not include dimensions of proposed structure.

B

There's a response to joe vance's request.

B

From j voigt zoning administrator no comments, jovan said december 22nd 2020.

B

uh Notice, a public hearing to the applicant of joining property owners and then arrested parties.

B

Then there's the conditional used for commercial account for up to 20 dogs.

B

Application includes some aerial photographs.

B

Handwritten um notes to the plot plan.

B

I see an investigation by the.

B

Zoning administration.

B

I would ask the father be entered into evidence. Do I have a motion to enter the file into evidence.

D

So moved second, second, all in favor raise your right hand or say aye hi. Okay, we will move. We.

A

Will go ahead and move the file into evidence. um I would just counsel the board that, as a.

B

Preliminary matter, we should probably deal with the uh with that note from uh deborah bowers.

B

That it can't be allowed because uh it's restricted by a state uh conservation, easement.

B

Mouth m-a-l-p-f easement. That does not allow dog candles. Mr dixon, do you know what that is.

N

Hey, can you fill us in on it.

B

All I know is there's some sort of restriction uh due to this mouth, but mr voigt looks like he wants to speak to it.

I

um I do have some further information on um mrs bauer's note upon further research. Yes, there is.

I

A mouth easement, that's on the property, however, with that easement there is a one acre spot that.

I

Surrounds the existing curtilage area on the property that is not in the easement and.

I

I discussed that with her and it was determined since that one acre is not in the easement.

I

If the kennel is located within that one acre and yes, he can do it, it can be done.

I

As long as the location of that kennel is within that one acre spot.

A

And mr boyd, my question is: is that delineated or is that a 180.

I

I'm sorry so so it is, it is specifically delineated. It's not just an acre on the property.

A

That's excluded from the easement, it's it's! It's surrounding the house. In the carter legit.

I

Area around the house. So if it's within that acre around the house- and it's also described in the in.

I

The agreement where the location is it has to be within that acre and then he can do the um so so.

A

Your your testimony, not your testimony, but your guidance here before we even get started.

A

Is that we can go forward with the hearing? Because what ms bowers put there was.

A

In the file was not technically correct, so we can go forward with the case. That's what you're saying.

I

Well, yes, I'm correctly sure it's correct that you can't do it within the eastman area, but, like I say.

I

Anything outside of that he's, an area you can do. um Dev is just showing up.

I

I think she could explain it perhaps a little better. Okay, um miss bowers. Are you one.

I

Yeah you gotta turn your michael one.

X

ah There we are sorry so you're talking talking about the the fisher property melvin yeah, yes, okay,.

X

um On broad back road yeah, so that's that's a mouth easement and when he, when he requested.

X

uh A kennel we consulted with mouth and they said no, that's not gonna work.

X

And then later on, we found out that he had a one acre exclusion from the easement melvin.

X

So he can do what he wants within that one acre and he knows where it is on the property.

A

And can you can you describe for us miss bowers uh where, where that one acre is.

A

In relation to the buildings, yes, it's directly north, um it's been a while since.

X

I looked at the file and I don't have it in front of me right now, but it is.

X

Directly, north um and uh as I understand it, it is uphill from the from the home.

A

So that location would and- and this this question actually goes to jay.

A

uh If that's the location, it's next to a property line and it would need some variances.

X

It is on the property line, so we just dealt with this in the ag zone. The setback is supposed.

A

To be 200 feet, so if we granted this, there would have to be some variances that.

A

Very that we would have to rescind uh the the uh 200-foot setbacks is that correct.

I

Mr bail, yes, if the property is larger than three acres next to that property line, then it has to be.

I

The the 200 feet is from the residents of the adjoining property, not from the property line.

A

So, therefore, probably being where it is, since our site visit, we there wouldn't need to be any.

A

Variances there just the conditional use of the commercial kennel correct.

A

Okay board members, any questions of mr voight or mrs bowers. Before we start the case.

A

Okay, very good, mr fisher, I'm assuming you're still on the line. um What what we're gonna do is.

A

You'll go ahead and present your case um for your application and uh then we'll have the opportunity.

A

To question you and then any interested parties can go ahead and give their testimony. But.

A

Before we get started, mr fisher, could you uh please raise your right hand and take the oath.

A

Do you swear your penalties of perjury that the testimony.

A

You're about to give is the truth, the whole truth and nothing but the truth.

C

I affirm very good okay, thank you, but mr fisher, uh the the the the call is yours. So.

A

Can you go ahead and describe what you what your uh conditional use uh is for here today.

C

Sure, good uh yeah, thank you for uh letting me in here and your cooperation here, and I was here to.

C

Listen what you had in mind. Everything made sense to me what debra bowers said and your concerns on.

C

That part so yeah, I'm basically just requesting a uh commercial kennel. I guess it is down here.

C

uh We're moving down from pennsylvania, lancaster county, so I'm new in the area. I.

C

Wasn't sure what the uh what direction we need to take down here uh but yeah, I made a request.

C

I did get some feedback back. uh I didn't realize that we are on a uh easement here.

O

That doesn't allow kennels, and then we got to the point that there is an acre here on the property.

C

That is aside from the easement, and I thought that would be possible to put.

C

The kennel on that one acre, it's not far from the buildings directly north.

C

uh From the buildings, so basically uh what I'm doing here and we did- I did request up to 20 dogs.

C

Just in case I ever want to up, you know, move up a little bit, but at this point we have right around.

C

Eight females, a female few males, uh we do raise dogs and try and sell them.

C

For pets we do some wholesale, some retail. I guess I was looking at.

C

You know either way you know that I could have choice in whichever way I want to sell. So I don't.

C

Really know what more to say, but just yeah, that's a family, a family thing that we've been doing here.

C

For 18 years from where we are, the children enjoy the dogs, and I like to interact with families and.

C

Sell healthy puppies to healthy to happy parents and children, so that's kind of where we're at.

C

If you have any comments or questions, don't I'm here to answer whatever I can.

A

Okay, does anybody have any questions of mr fisher.

N

Would you be constructing any buildings.

C

Yes, we would actually be uh constructing a prefab building.

C

What would be the size? It would come every it's a. I would be looking at a.

C

38 38 by 12 and then exterior, runs, and I didn't mention I will be putting or I would be putting.

C

A progress defense completely around the kennel, uh eliminate noise from the dogs, barking and so forth.

C

So it would be a heated, a heated interior.

C

And then they would have access to go outside on runs as well.

A

Okay, any other questions of mr fisher. Any anyone from the public have any questions of mr fisher.

A

Okay, are we finished with the questions guys? I didn't see anybody's microphone light up.

A

Okay, presentation and testimony of evidence is now closed and summations are in order.

A

Mr fisher, do you have any summation comments? Any closing comments.

C

uh I don't think so. One question is, would I have to do a survey.

C

To make sure that I know exactly where that property is.

C

Where, then one acre is, I have a map.

C

A deed that I can get footage, I think I could you know very close, but.

A

I I would say that when you get the building permit, you're probably going to have to locate it.

A

So it would have to be located there and that's speculation on my point yeah. Thank you.

A

Okay, any any other summation comments. Mr fisher, I don't have anything in mind. Okay,.

A

Thank you very, very good. uh The the hearing and record of this places.

A

Case is now closed and in accordance with the open meetings act of maryland.

A

The board will now consider the case so board members who wants to go first.

D

I'll go first, this seems like a clear, concise approval, depending upon our approval.

D

Having visited the site, it looks ideal for what this gentleman wants to do.

D

And it didn't appear to me to be any contiguous neighbors who are going to be impacted and there's.

D

Obviously, nobody testifying in opposition, so I think this is an easily approvable request.

A

Okay, mr works.

T

I'm in favor of granting the request provided the.

T

Motion clearly indicates that the kennel has to be located outside the preservation, easement.

A

Okay, miss eckerd. I agree with both mr wurtz and mr simmons.

P

I'm ready to vote in favor of this, dr douglas berger. Any comments.

N

I don't think we have enough information to know exactly what this would look like.

N

I find it hard to vote for or against it, and I will abstain.

A

Okay, any further comments. I'd like to respond to dr dunkelberger.

D

uh We're asked about the land use, not what it's going to look like.

N

That's a good point, dick.

A

Okay, any further comments, guys.

A

Okay, I'm ready for a motion.

T

I'll make a motion.

T

In case number 6294, I move that the board approve a conditional use for commercial kennel.

T

For up to 20 dogs provided the kennel is located outside the.

T

Ag preservation, easement otherwise known as a mouth easement. Do I have a second.

D

Second: okay, a second to approve a commercial kennel for up to 20 dogs.

A

Outside of the mouth easement any further discussion.

A

Seeing none all those in favor say, aye or raise your hand hi.

A

Okay, it looks like a unanimous, unanimous decision. Our oral decision will become final.

A

Upon a written decision which will be issued within 30 days, unless otherwise extended by.

A

This board, the board's decision, may be appealed by filing a petition for judicial review with.

A

The clerk of the circuit court for carroll county, in accordance with the provisions of chapter 200.

A

Title vii of the maryland rules of procedure, the appeal must be filed within 30 days of.

A

The date of the board's written decision- thank you very much, and this hearing is over.

A

Thank you, mr fisher, could you say that again what I guess I'm new in this.

C

What what did you come up with uh we? We approved your uh uh commercial kennel for up to 20 dogs.

A

In that, in that one acre exclusion, it can't be in the in the ag preservation, easement right.

C

Right, uh do I get a uh written notice of that, something that I have to keep and show.

C

That uh this has been approved by the county. Oh ui, you you, you, will you will get a? You will get a.

A

Written decision of our of our uh uh motion here today, good good, good, okay,.

C

Okay, yeah. That was my question. You do and if you do a question you can call miss vance, okay,.

A

And mr hoyt, I greatly appreciate your time and uh yeah thanks for your help here very good. Thank you.

D

Okay, okay: board: do we need a break, or can we go right to our 11 45 case.

D

I'm ready to go very good. Okay.

A

We have case number 6275, uh which is a continuation of.

A

The the case from the previous month, um miss huff, are you on.

L

Yes, I'm here, okay, very, very good! Okay um with that, with with this we'll go ahead and again.

A

uh You or anyone else that may be on the line, could you raise your right hand and play.

A

Take the oath, please, okay, do you swear? Do you swear or firm under the penalties of perjury.

A

The testimony you're about to give is the truth, the whole truth and nothing but the truth.

A

I do very good okay with with that miss huff, I'm just going to go ahead and.

A

Open it up, please state your name and address an occupation and spell for the record your last name.

A

And uh go ahead and tell us what has transpired since uh the last bza hearing.

L

Okay, amanda huff huff and I'm at 1416 fairmount road in hampstead, maryland.

L

The case is regarding a family daycare in my home.

L

Since the last meeting I had someone come out and assess my property lines. We discussed putting in.

L

A turnaround area um just off the edge of my driveway that would extend into the front of.

L

My yard, I think the issue that we had was making sure I wasn't encroaching on county property, um so.

L

There should be two copies the um original and then one where I drew.

L

And showed the size of I'm sorry, it's so tiny because I'm on my phone, but I think that's it.

L

So it will show where the turnaround area would be, so they would basically be doing a.

L

K turn so that they could then back into the driveway to not cause any backup on my road.

A

Everybody have the opportunity to see that.

D

I saw it on our site visit.

A

Okay, does anybody have any questions about ms huff's drawing and what.

A

Mr voight, I see you put your hand up. uh Oh yes, like I say there was concerned about.

I

Pulling you into the property um and mr devis, um our director is the one who.

I

Made the original decision on this case, but he couldn't be here today.

I

So he asked me to cover for him and take take care of this. um Neither he nor I have.

I

With the proposed turnaround, the only thing that we would ask is that the turnaround go at least to.

I

The far side of the house, so that there's enough room for basically a 20-foot parking space off of.

I

The driveway that somebody can uh pull around turn into it and and have clearance other than that.

I

After we discussed it this morning there, neither one of us has any other issues.

I

Except just making it a little longer than what's shown on the back. That was it.

A

Okay, miss huff. You heard you heard what mr voigt's recommendation is. Do you have any issues.

A

uh With complying with that making it and- and are you saying, jay 20 foot is what you're.

A

Recommending? uh Yes, basically from the edge of the driveway, that the turnaround be 20 feet long.

I

um Which is what the standard parking space is um for any any car.

I

So that there's there's room to make a safe t-turn to pull it back out of the property.

L

I don't have any problems with that at all.

A

Okay, board members, any questions of mr voigt or miss huff, well jay. How should.

T

This be handled, should the I mean, if it's approved, should there be a contingency that a.

T

Suitable uh plat drawing be provided to you for your approval, uh yeah, we'll we'll.

I

We'll make sure that the the driveway is suitable and everything can do make sure.

I

It complies with what the the plat says, like I say, is at least as far as the other side of the house.

M

Does that answer your questions.

T

Well, sort of I I can't really see the plant. The plant wasn't really legible to me, so I can't.

T

Really see exactly what is proposed, that's my just one other thing, mr works just to let you know that.

I

um A zoning certificate will need to be issued for this property.

I

For the family daycare and, like I say prior to that certificate being issued, we will ensure that.

I

Of the driveway turnaround that they're putting in is going to be adequate for the proposed juice.

A

So so there are checks and balances there. Yes, okay. Does that answer your question, mr works.

T

Yes, okay, other board. Members. Do we have any questions.

D

Not I okay and I'm assuming there's no one from.

A

The public on the you know on the call is that correct.

A

Okay, presentation of testimony and evidence is now clothed and summations are in order.

A

You have any concluding comments. Miss huff.

L

uh Thank you. The only thing um that I have is I, who have one of the grandparents of the children.

L

That was at the previous day, care that I had uh is a general contractor and offered to do the work.

L

For me, do I need to have him draw something up or do I need to take pictures once the work is done.

L

How do I conclude with my end of showing that I'm doing things the correct way if you could have the.

I

Contractor draw something up, showing exactly what he's doing and then um once he's done.

I

The work give us a call and we'll come out and verify everything and if everything is, is proper.

I

And correct we'll go ahead and at that time and issue the zoning certificate. Thank you very much.

A

Is that everything ms huff.

L

Yes, thank you. Okay, very good. um The hearing and record of this case is now closed and in.

A

Accordance with the open meetings act of maryland, the board will now consider the case board members.

P

I I think that miss huffs uh did what we asked her to do and provided a good solution, or at least a.

P

Workable solution to accommodate the parking and the turning around on the site, and I am prepared.

P

To vote in okay, dr dunkelberger, I agree with lisa, I think she's, absolutely right.

A

Mr words, I mean I'll go along with uh I respect jay and.

T

Tom devil, this is opinion I'll. I'm satisfied with it.

A

D

I agree with everything that's been stated.

A

A

We will go ahead and I'll go ahead and introduce. I will go ahead.

A

And allow you to make a motion at this point. We have. We have somebody to make a motion.

P

In case number 6275, I move that we overturn the zoning administration.

P

Administrator's denial of a home daycare facility in case number za1936.

A

Do I have a second.

N

Wait, this is wait before you do. This is de novo right.

N

Tim, mr dixon, is this a de novo case, or is how should how should we be.

A

Approaching this, is this an appeal? Yes, I think it's a de novo case.

B

But you can, you can still state it the same way. You were you.

B

You were overturning the nadal or you could just say where.

B

The board is approving uh what the day care the board's approving the daycare.

A

Okay, so her motion is technically correct. Do we have a second I'll? Second, that.

A

Okay, we've got a we've, got a motion and a second any further discussion on the motion.

A

Seeing none uh either raise your hand or say I I I there was an either or there gary. It wasn't. Both.

A

um I went into this place. The uh looks like the moon carries it's a unanimous decision.

A

Our oral decision will become final upon a written decision which will be issued within.

A

30 days, unless otherwise extended by this board, the board's decision may be appealed by filing.

A

A petition for judicial review with the clerk of the circuit court for carroll county in accordance.

A

With the provisions of chapter 200 title seven of the maryland rules of procedure, the emil, the.

A

Appeal must be filed within 30 days of the date of the board's written decision. Thank you very much.

A

Guys and actually we're only an hour behind time, so we didn't do bad. Thank you. Thank you very much.

A