The Town of GLEN ECHO Chartered 1904 ownhal@glenecho.org Town Hall e 6106 Harvard Avenue e Glen Echo . Maryland 20812 e (301) 320-4041 Town Council Hearing Minutes SUBJECT: ACCESSORY DWELLINGU UNITS December 16, 2019 CALLTO ORDER: MAYOR WILLEM POLAK. 7:00 PM Mayor Willem Polak announced that the meeting is being recorded. Present: Mayor: Willem Polak. Councilmembers: (CM) Dia Costello, Dan Spealman, Matt Stiglitz, and Julia Wilson. Town Clerk: (TC) Beth Boa. Town Attorney: Ron Bolt Guests: Paul Mortensen and Lisa Govoni (M-NCPPC) Residents: Blair Anderson (Harvard Ave), Alex Boyar (Cornell Ave), Pete Epanchin (ECHO), Alec Graham (Radcliffe), Aaron Hirsch (University Ave), Angela Hirsch (University Ave), Claire Kelly (Cornell Ave), Gloria Levin (University Ave), Andrea Matney (Wellesley Cir), Renny Springuel (Vassar Cir). PRESENTATION ONACCESSORY DWELLINGUNITS Mayor Polak introduced Mr. Mortensen and Ms. Govoni. TC: Boa invited these speakers to give an overview on ADUS. Mr. Mortensen is an architect with Montgomery Planning who focuses on master planning and urban design of residential communities. Ms. Govoni is the Housing Research Planner at the Montgomery County Planning Department. Thej presentation is attached to these minutes. Questions were taken by the presenters and Attorney Bolt. INTRODUCTION OF ORDINANCE 19-06: ZONING TEXT AMENDMENT (ZTA)19-01. ACCISSORYDWELING UNITS: Background: The Montgomery County Council recently approved Zoning Text Amendment (ZTA) 19-01 (Accessory Dwelling Units) which amends the zoning laws that control the R-60 zones (as well as other residential zones) that include the Town of Glen Echo. This text amendment will allow residents who meet the requirements to build a second house on their lot or add an apartment within their home. These changes were offered as aj part of ap program goal to increase affordable housing in the County. Attorney Bolt provided details to the Town Council at the December 9, 2019 Council Meeting on1 the text amendment that was approved by Montgomery Concerns about increased density, parking problems, infrastructure limitations and the like have encouraged several municipalities in Montgomery County to consider revising their building code, within their limits of County Council. Changes will go: into effect on December 31,2019. 1 municipal authority, ini response to these changes in County zoning law. Like other municipalities, TOGE càn regulate setbacks, lot coverage, on-site parking requirements and other limited building code regulations. At the request ofs several municipalities that Attorney Bolt represents, he drafted an ordinance that would allow the municipalities to address the impacts oft this new development. Bolt described the differences between the Town's proposed ordinance and the County's. Under the proposed local ordinance TOGE would require: Two new, additional parking spaces; a permit for interior ADUS (apartments); impose setbacks for detached ADUS at 25: feet in the front yard (County requires ADU be in the rear yard); rear set back is 20: feet (County is 12 feet); side set back eight feet (County is 5-8 feet, depending on when the lot was recorded); an existing detached non- conforming building cannot be converted to an ADU (in the County it can be). Public comments and questions were taken by the Council and Attorney Bolt regarding the proposed Ordinance. Though it was pointed out that there were. likely many other citizens who thought differently, many to most of the residents who participated were opposed to some or all ofthe provisions in the new ordinance. Concerns expressed by citizens and some council members revolved around the proposed limits being too restrictive (perhaps even sO restrictive as to completely preclude ADUS in the town), and included the following: Concerns were raised over the requirement for two new parking spaces for an ADU based on issues of cost and increased paved areas in' Town. Some felt that the spot requirement was excessive and/or unfair in situations where ample parking already existed on aj property. The counter argument expressed was that the increased density that would result from ADUS would likely cause more parking problems in Town which is why two new parking spots should be required. Some oft the residents and Council Members felt that the County requirements for ADUS are strict enough and additional zoning restrictions on the part ofTOGE are not necessary. The feeling was that this might be over-regulation that might unintentionally restrict positive things residents might want (e.g., an in-law suite) and/or that we were regulating for a problem that did not yet exist. The counter argument expressed was that it is better to get out in front of a potential challenge and to make sure everyone has to abide by the same rules going forward. Concerns were also raised about the requirement for a stormwater plan and questions were: raised as to why we would require it only for ADUS and not for any other structure. In addition, there was concern expressed over. locking the town into the expense ofhiring contractors to review such plans. The counterpoint expressed was that since the increased density would cause more stormwater: runoffissues, the Town should require a stormwater plan from ai resident applying for a permit for an ADU. CM Stiglitz was concerned that allowing the County to make decisions on ADUS for the Town would harm the character oft the Town; the County does not know what is best for TOGE and may not know oft the Town's interests. He noted that he: felt that residents would not be happy with increased density, stormwater runoff, parking issues, and having second homes built close to their existing home. CM Spealman felt that we. should carefully consider the concerns expressed by the residents in the room and the fact the County regulations seemed to be fairly robust, and suggested not legislating unless and until aj problem starts to emerge. 2 CM Stiglitz proposed that the Council re-introduce Ordinance 19-06 on Accessory Dwelling Units and that the Council consider the ordinance again in its January 13, 2020 Council Meeting. Attorney Bolt will make proposed amendments and email the new version to Town Hall. The changes are: reducing the parking space requirement to 1; deleting the unnecessary sentence in 3.1.1.A.1 regarding "exemptions"; and correcting the" Motion to Re-Introduce Ordinance 19-06 with Amendments: CM Stiglitz, 2nd CM Wilson. Approved 3-1 (CM reference to "setbacks" in Section 3.1.2. Spealman opposed). ADIOURNMENT: Motion to adjourn: CM Stiglitz, 2nd Wilson. All in favor. Meeting Adjourned 9:38 pm Minutes Prepared by: Beth Boa, Town Clerk-Treasurer Approved by: DueREk Date: Mre/zu Mayor, Willem Polak 3 12/16/2019 Paull Mortensen- Montgomery Planning Montgomery County, MD. Montgomery Planning Paul Mortensen September 26, 2016 Paul Mortensen Senior Urban Designer in the Director's Office pdul.mortensen@montgomeryplanning.org Paul Mortensen is a Chief and Senior Urban Designer int the Director's Office at Montgomery Planning and is leading the Design Excellence efforts within the organization. Heisaregistered architect in the states of California, Washington and Maryland, is a LEED. Accredited Professional, a member of the Congress for New Urbanism, and is an Architect and Urban Designer of significant talent and experience with a strong emphasis on sustainable architecture design in urban settings. His primary focus over the past thirty years has been on master planning and urban design of residential and mixed-use communities. Mr. Mortensen was an Associate Principle with Torti Gallas and Partners in Silver Spring, Maryland where he served as a leading principal of the Planning and htps./montgomerypanningorybopaul-mortensen 1/2 12/16/2019 Paull Mortensen- Montgomery! Planning Urban Design Studio and was involved in a number ofl large scale, award winning master planning projects and newi town designs such as the Crystal City, Virginia Master Plan and the Tacoma, Washington Salishan HOPE' VI development. pa-lmentgpmepplamingophopaumontenen 2/2 12/16/2019 Lisa Govoni- - Affordable Housing Conference ofN Montgomery County Affordable Housing Conference of Montgomery County Lisa Govoni 1 May, 2017 ink Board ofDirectorsb byAHCMC Lisa Govoni ist the Housing Research Planner ati the Montgomery County Planning Department. Int this role, she provides housing research and analysis for master plans and special projects, including serving as the project manager fort the Rental Housing Study. Prior to starting this positioni in. January: 2016, Lisas served as al Planneri fort the Delaware State Housing Authority, where she was responsible fort the collection, compilation, analysis of qualitative ands statistical data to support keyi initiatives. She also previously worked fort the Calvert County Department of Community! Planning and! Building assisting with thet update ofr master Lisa completed her BAi in Government and Politicsi in 2008, her MCPi in Community Planning in 2011 and her! MPSI in Geographic plans and zoning ordinances, Information: Systems (GIS) in 2013, alli from the University ofN Maryland, College Park. Post navigation +-Muriel Garr OurVision Brian Rennie 1 The Affordable Housing Conference of Montgomery County (AHCMC) believes that affordable, decent, and: safe housing is an inalienable right--and nota a privilege--fore every American. AL Legacy of Results Affordable Housing Confe... Montgomery County Council Supports MWCOG Housing target an addidtional 10,000 affodable! housing units. Read more! HERE. VAAAAN affrriahlehnusinctranfarenc nmahneonlallsa-onvnal 1/2 12/16/2019 EV MAA Montgomery! Planning Functional Planning&Policy. Accessory Dwelling Units and Zoning 1 Why ADUS are Important Can helpi increase the supplyo ofhousing Provides supplemental incometo homeowners Help meet the needs of the County's owingsemtordemogapnc Accessory: Dwelling Units - Zoning 2 1 12/16/2019 Use Standards - General Principal dwelling or ADU must be the primary residence of the applicant (Section The ADU must have same streetaddressas Only one ADU apartment may be created on thes same lot as an existing one family ADUSa arep prohibited in Townhomes. 29-19) the main house detached house. Accessory, Dwelling Units- - Zoning 5 Use Standards - General An ADUI must not be located on al lot where any short- term rental Residential use exists ori is licensed Thei maximum footprint of an ADU, in combination with other structures on the site, is limited by the total lot coverage limiti in the underlying zone and the maximum gross floor area oft the unit Unless modified by the use: standards for an Accessory Dwelling Unit, an. Accessory Dwelling Unit must comply with the setback, height, and building lot coverage standards of an accessory: structure in the Accessory Dwelling Units - Zoning underlying: zone. 6 3 12/16/2019 Use Standards = Size Detached. ADUS: limited to the least of5 50% oft the footprint oft the principal dwelling; 10%oft the lot area;or1 1,200square feet of gross floor area Sonallaotok 3 AttachedA ADUS: 1,200 square feet of gross floor area;ift the basement or cellari is usedi fort the Attached. ADU, the gross floora area for the Attached ADU may equal the squaret footage area oft the basement or cellar. Accessory Dwelling Units : Zoning 9 Use Standards - Entrances Aseparate entrancet fora an Attached. ADU may bel located: On the: side or rear of the dwellingor existed beforel May2 20,2013or At thet front oft the principal dwelling, ift theentrance Att thet front of the principal dwelling, ifitis a single entrance door for use of the principal dwelling and the Attached. Accessory Dwelling Unit. Accessory Dwelling Units-Z Zoning 6Mb45 10 5 Town of Glen Echo Ordinance (Accessory Dwelling Units; Permit Amendments and Extensions; Variances) Ordinance No.: 19-06 Introduced: November 11, 2019 Adopted: Effective Date: SUBJECT: AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO ADD BUILDING REQUIREMENTS APPLICABLE TO ACCESSORY DWELLING UNITS; TO ADD PROVISIONS REGARDING BUILDING PERMIT AMENDMENTS AND EXTENSIONS, INCLUDING FEES; AND TO AMEND THE STANDARD FOR VARIANCE REQUESTS WHEREAS, Maryland Code, Local Government Article, Section 5-202, as amended, grants to the legislative body ofevery incorporated municipality in Maryland, including the Town ofGlen Echo, general power toj pass such ordinances not contrary to the Constitution ofMaryland, or the public general law, as deemed necessary in order to assure the good government of the municipality, toj protect and preserve the municipality'srights, property, and privileges, toj preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience oft the citizens ofthe municipality; WHEREAS, Maryland Code, Local Government Article, Section 5-211, as amended, authorizes the legislative body of each municipal corporation in the State of Maryland to make reasonable regulations concerning buildings to be erected within the limits of the municipality, including a building code and the requirement for building permits; WHEREAS, Maryland Code, Land Use Article, Section 20-509 grants to the legislative body ofincorporated municipalities in thel Maryland-Washington Regional District general power to adopt building regulations for the protection of the public health, safety, and welfare; the preservation, improvement, and protection of lands, water, and improvements in the municipal corporation; and to regulate the construction, repair, or remodeling ofbuildings on land zoned for single-family residential uses at it relates to fences, walls, hedges, and similar barriers; signs; residential parking; residential storage; the location of structures, including setback requirements; the dimensions of structures, including height, bulk, massing, and design; and lot coverage, including impervious surfaces; WHEREAS, Sections 413 and 415 oft the Charter of the Town of Glen Echo authorize the Town Council toj pass ordinances not contrary tot the Constitution and laws ofthe State ofMaryland or the Charter ofthe Town ofGlen Echo (the "Town"); WHEREAS, after proper notice to the public, the Town Council introduced the following Ordinance in an open meeting conducted on the 11th day ofNovember, 2019; WHEREAS, to comply with Maryland Code, Land Use Article, Section 20-509, on the 12th day of November, 2019, a copy of following Ordinance was submitted to the Montgomery County Council fori its comments; letter dated November 14, 2019; WHEREAS, the Montgomery County Council acknowledged receipt oft the Ordinance by WHEREAS, after proper notice to the public, and after at least thirty days from the date a copy of the following Ordinance was transmitted to the Montgomery County Council, the Town Council considered the following Ordinance in public session assembled on the day of 2019; WHEREAS, the Montgomery County Council, by Zoning Text Amendment 19-01, effective December3 31,2019, authorized the establishment and construction ofdetached accessory dwelling units in single-family zones, and removed some of the restrictions applicable to attached units; WHEREAS, due to narrow street widths, and the existing density and motor vehicle use and traffic in and around the Town, the Town Council finds that existing parking congestion and shortages would be exacerbated by the allowance of accessory dwelling units, unless sufficient measures are implemented to mitigate the impacts; WHEREAS, due to the limited open and green space existing in the Town as a result of contemporary construction, and due to the inadequacy oft the existing public stormwater drainage system, the Town Council finds that current stormwater drainage problems would be exacerbated by the allowance of accessory dwelling units, unless sufficient measures are implemented to mitigate the impacts; WHEREAS, the Town Council finds that the Town building regulations do not currently WHEREAS, the purposes of the Town building regulations include maintaining privacy and space between properties, ensuring adequate light, air, and safe passageways between buildings; encouraging appropriately-sized construction in keeping with lot sizes and the character oftheTown; minimizing the flow ofs stormwater from lots by encouraging thei maintenance ofopen spaces and the reduction of impervious surfaces; and the preservation and perpetuation of separately address accessory dwelling units and should therefore be amended; neighborhood character; WHEREAS, the' Town Council finds that the allowance ofaccessory dwelling units would be detrimental to the purposes of the Town building regulations, unless sufficient measures are implemented to mitigate the impacts; WHEREAS, the Town Council finds that the ordinance as hereinafter set forth isi necessary in order to assure the good government of the municipality, to protect and preserve the mmiepilyanglspopry, and privileges, to preserve peace and good order, to secure persons 2 and property from danger and destruction, and to protect the health, comfort and convenience of the citizens oft the Town, and otherwise advantageous and beneficial to the Town. NOW,THEREORE, the Town Council does hereby adopt the foregoing Ordinance. BE IT ORDAINED AND ORDERED, this th day of 2019, by the Town Council, acting under and by virtue oft the authority given it by the Maryland Code and the Town ofGlen Echo Charter, the Town Code be and is hereby amended as follows: ARTICLE3 BUILDING CODE Section 3.0 Definitions The following terms used in this Article has have the following meanings: "Accessory dwelling unit" means a second dwelling unit that is located within a main "Detached accessory dwelling unit" means a dwelling unit that is a detached accessory "Dwelling unit" means a building or portion ofal building providingo complete living facilities for not more than one household, including.atal minimum, facilities for cooking, sanitation, "Height" means the vertical distance measured from the average elevation of the ground along the front of the structure to the highest point oft theroofs surface or parapet wall fora flat or shed roof, or, for a gable, hip, mansard, or gambrel roof, the mean height between the eaves and ridge ofthe roof. For the purpose ofdeterminingl building height, theaverage front elevation used will be based on either the pre-development grade or the finished grade, whichever is lower. Ift the structure has no roof, height is measured to the highestpoint. The height does not include weather vanes, cupolas, or similar ornamental features. building or an accessory building. building or part thereof. and sleeping. Section 3.1 Building Permits A. Building Permit Required. 1. Nos structure ofanyl kind or description shall be erected or replaced, nor any modification made to the exterior ofany portion of an existing structure, within the corporate limits oft the Town which requires al building permit from Montgomery County, without: first having obtained a permit for same from the Town Clerk or Mayor. 3 2. No accessory dwelling unit shall be erected or replaced, nor any existings structure modified, converted or renovated,oranyr part thereof, into an accessory dwelling unit,within the corporate limits of the Town, without first having obtained a permit for same from the Town Clerk or Mayor. B. Application; Approval. An application for a building permit shall be submitted tot the Town Clerk containing the following information. Additional informationi may bei requested by the Mayor. Such application shall bei filed with the Town Clerk nol later than seven (7) calendar days after issuance ofa a building permit by Montgomery County for the identical work for which the applicant seeks a permit from the Town of Glen Echo. The Town Council may prepare and require an application form. Anapplication may be denied by the Town Clerk or Mayor for failure to provide the requested information. The Town Clerk or Mayor, upon written request of the applicant, may waive the time period for submitting the application required pursuant to this paragraph. The application shall include: 1. 2. The signature oft the owner and/or his authorized agent; The street address, of the lot upon which the proposed work is to be performed; 3. The full name and address ofe each owner; 4. A brief description of the work to be performed for which the building permit is requested, and a stormwater drainage plan if the project includes an accessory dwellingu unit; 5. An electronic copy oft the building plans and all other documents submitted ora anticipated tol be submitted to Montgomery County as] part ofthe application for building permit issued by Montgomery County. No Town building permit for construction related to an accessory dwelling unit shall be issued until a copy of the Montgomery County landlord license for the proposed accessory dwelling unit has been submitted to the Town; 6. A certification by the applicant that the applicant provided to the owners of adjoining and confronting private properties within the Town of Glen Echo, and to the occupants of said property if the owners are not the occupants (collectively, "neighbors"), a reasonable opportunity to inspect the building permit plans. The certification shall include an explanation of the steps taken to comply with these requirements and to identify those neighbors who have inspected the plans. Unless there are unusual circumstances, initials of those neighbors who have inspected the permit plans are required on the building permit application; 7. An application fee in the amount set forth on the fee schedule approved by the Town Council from time to time; and tot the beginning of construction. 8. Photographic proofofth the condition of adjoining streets and sidewalks prior 4 C. Criteria for Issuance of Permit. The Town Clerk or Mayor shall consider, in approving or disapproving an application, such factors as: 1. 2. Whether the application is complete and conforms to the requirements of Whether the proposed work complies with all other applicable Town this Section; and, ordinances, including but not limited to all ofthe provisions ofthis Article regarding setbacks, and all oft the provisions of Article 17, Streets and Sidewalks, specifically including the provisions of Section 17.2 which require a separate permit. No permit for any building shall be issued by the Clerk or Mayor or Council unless the building complies with the setback requirements of the Montgomery County Zoning Code. In making its findings, the Town Council may rely upon the findings of the County in the issuance of the County permit. The Town Council may impose conditions on a permit as deemed necessary to assure compliance with the Town Code and/or protect the public health, safety or welfare. Such conditions may include, but arei not limited to: (a) prohibiting orl limiting thej parking of contractors' or other construction-related vehicles in the public right-of-way or on private property; (b) limiting the locations upon public and private property where materials, equipment, and dumpsters may be stored; (c) limiting the locations where portable toilets may be placed or maintained; (d) requiring tree protection measures to protect public and private trees during construction; and Ilimiting the permissible work hours. At the request of any one of the following: the applicant, the adjoining or confronting property owners, or a member of the Town Council, a public hearing may be held on the application prior tot the issuance ofal building permit. In such case, the Town Council shall decide whether a building permit should be issued. D. Permit Contingent on County Permit. The Town of Glen Echo building permit is effective and valid only for the identical work authorized by a valid building permit issued by Montgomery County,as may be modified by the terms and conditions of the Town permit. The Town of Glen Echo building permit is effective and valid only for that time period for which the Montgomery County permit is valid,or such other time as may be specified in the Town permit. The Town Clerk or Mayor may grant a request for anextension, upon such terms and conditions as the Town Clerk or Mayor may find necessary to protect the public health, safety, and welfare, upon a reasonable showing by the permittee that there has been no material change in circumstances since the issuance of the permit and despite due diligence by the permittee, additional time is necessary to accomplish the approved construction. Such a request shall be accompanied by theextension fee in the amountset forth on the fee schedule approved by the' Town Council from time to time. E. Permit Display and Enforcement. property in a manner visible to the public. 1. Display. Upon issuance, the applicant shall promptly display the Town permit on the 5 2. Enforcement. 3-a. Itshall be unlawful to conduct construction except ins strict compliance with the applicable Town permit, the approved plans and specifications therefor, and any and all conditions a b. The Town Council may suspend or revoke a building permit, or issue a stop work order, ifconstruction has been undertaken in violation of an applicable Town permit, the approved plans and specifications, therefor, and any and all conditions imposed by the' Town Council in connection therewith. A stop work order issued hereunder shall be posted on1 the property in a conspicuous location and shall be deemed sufficient service upon all persons physically on the property. If a stop work order is issued, it shall be unlawful to continue any construction activity until such time as the stop work order has been lifted by the Mayor, provided however, that any activity ordered to be undertaken by the Mayor in order to abate a violation may b-c.Its shall be unlawful to remove aj posted stop work order except under the express authority d. The Town Clerk or Mayor may grant a request for a modification to theapproved permit, and the terms and conditions thereof, upon such further terms and conditions as the Town Clerk or Mayor may find necessary to protect the public health, safety, and welfare. Such a request shall be accompanied by the modification fee in the amount set forth on the fee schedule approved by the Town Council from time to time. imposed by the Town Council in connection therewith. proceed as directed by the Mayor. ofthe Mayor. F. Judicial Review. Any person aggrieved by a decision of the Town Council with regard to an application for a building permit filed under the provisions of this Section and who appeared before the Town Council inj person, by an attorney, or in writing, shall have the right to appeal the decision of the Town Council to the Circuit Court for Montgomery County, Maryland under the provisions oftitle 7, Chapter 200 ofthe Maryland Rules of] Procedure. G. Liability for Damage to Town of Glen Echo Property. As a condition for the grant of aj permit, the permit holder shall be liable for any damage to Town of Glen Echo property and public rights-of-way and improvements thereon, including sidewalks, curbs, streets and green space. Permit holders shall be subject to the expense necessary to repair such damage as close to the original condition as possible. The Town may, by contract or otherwise and at the violator's expense, cause any necessary repairs tol be made. The' Town Council, in its discretion, may require as a precondition to issuance of a permit the posting of a bond or other security in a form and amount satisfactory tot the Mayor whchamowntahallnokeseésetirsinatedestofrepair ofdamege-cmised-owrofGier-keheheprepetyamépuhie-righsofway-and-mprevements thereen)-and in such amount as may be established by the' Town Council by resolution from time to time, to be applied toward the cost of repair of damage caused to Town of Glen Echo property and public rights-of-way and improvements thereon. 6 (Ord. No. 04-01, effective 1/12/04; Ord. No. 06-02, effective 11/7/06; Ord. No. 16-02, effective 1/30/17; Ord. No. 18-01, effective 6/3/18) Section 3.1.1 Setbacks-efHouses and Building Requirements A. Setbacks, Generally. 1. The front setback from all street lines for a house building on a corner lot shall be at] least twenty-five a5fet.Aoevemption is provided for projections, of any kind. 2. The front setback from all street lines for a detached accessory dwelling unit on any lot shall be at least twenty-five (25) feet. The rear setback from a rear lot line for a detached accessory dwelling unit on any lot shall be at least twenty (20) feet. The sidesetback from a side] lot line for a detached accessory dwelling unit on any lot shall be at least eight(8) feet. At the time of the erection of any detached accessory dwelling unit, or at the time any accessory structure is modified or renovated to include an accessory dwelling unit, the building must meet the required setback and other requirements of this Article. 3. Setbacks are measured from the closest point of the building to the closest point of a lot line. No exemption is provided for projections, of any kind. A corner lot has two or more front lot lines. Thei interior lot lines can be designated by an owner as either the rear or side lot line so long as no existing structure is rendered non-conforming to the provisions oft the Montgomery County Code or the Town Code. B. This setback provision shall apply to: (i) a house building for which a building permit is required from the Town of Glen Echo or Montgomery County or both and no such valid permit(s) was issued by the Town or the County or both as of. January 12, 2004; or (ii) a house building for which a building permit is required from the Town of Glen Echo or Montgomery County or both and for which all valid permits have been issued but actual physical commencement of some significant and visible construction has not occurred as of January 12, 2004. C. Notwithstanding the provisions above, Aany house main building existing as of January 12, 2004 on the effective date of this section situated closer than twenty-five (25) feet to the street line in accordance with $59-4.4.9.B.2, as amended, oft the Montgomery County Zoning Code and which does not meet the setback requirements oft this section, is a conforming building. Such a house main building may be: 1. Reconstructed after a fire, flood or similar event provided that the footprint oft the house main building may not be closer to the street line to which this section is applicable than the pre-existing building or structure as oft the effective date oft this section; and 2. Altered, renovated, or enlarged provided that the location of such house main building may not be closer to the street line to which the section is applicable than the pre- existing house as oft the effective date oft this section. 7 D. Additional Requirements for Accessory Dwelling Units. 1. Parking. At the time of the erection of any detached accessory dwelling unit, or at the time any accessory structure is modified or renovated to include an accessory dwelling unit, or at the time any accessory dwelling unit is added to a main building, a minimum oftw) new dedicated on-site parking spaces shall be provided. Existing parkingarea in a driveway or an existing garage may not serve as the required on-site parking spaces for an accessory dwelling unit. Each automobile parking space provided according to this section shall notl bel less than 180s square feetand thesameshall beconnected by an adequate driveway to a paved street. 2. Height. The height for any building containing an accessory dwelling unit, other 3. Stormwater Drainage. No attached or detached accessory dwelling unit, including but not limited to the dedicated off-street parking spaces related thereto, shall create any new stormwater runofftoadiacent; publico or private property. A stormwater drainage plan, approved by the Town, shall be implemented and maintained to prevent any such than a main building, shall not exceed twenty (20)feet. stormwater runoff. (1) The drainage plan must specify the design or provisions for the control or conveyance of any increase in runoff, including but not limited to runoff from the dedicated off-street parking spaces. 4) The design or provisions for the control or conveyance of runoff can be met with dry wells, rain barrels, cisterns, natural topography or buffers, rain gardens, biofilters, storm drains, yard drains, swales, pervious pavers, rooftop gardens, or other measures approved by the Town Council. Conveyance to a public right-of-way shall be allowed only where onsite control is not feasible, as determined by the Town Council. (3) The development and design of the drainage plan must be consistent with the format and requirements specified in the Town ofGlen Echo Guidelines for Control of Water Runoff, as amended, or other accepted design criteria approved by the Town Council. Section 3.1.2. Variances; Judicial Review subject to the following limitations: sue A. The Town Council may grant a variance ofthe "Asrguirememtoriis, Article, 1. The Town Council finds after a duly noticed public hearing, based on the evidence before it, that good cause. has been shown on either oft the following grounds: a. The proposed construction would not unduly interfere with lightand air between residences or other structures, would not be unduly incompatible with the scale, massing, and character of the Town or of nearby residences or other structures, and would 8 otherwise not unduly adversely affect the use, enjoyment or value ofnearby properties. In making such finding, the Council may consider such factors as: i. Size and location of proposed new-building construction; ii. Size and location of existing and potential buildings and iii. Topography and existing or planned vegetation of the lot on which the proposed construction will be located and of nearby lots. Should the Town Council be requested to consider planned vegetation, the applicant for the variance shall submit a landscape plan with the variance application, other structures on nearby lots; and or /Sedard caslaw b. That the strigt and literal application ofthis Section would result in pecslrerumsus-pmaetiea-diiealies éxceptional or undue hardship to the owner of the lot on which the proposed new construction is tol be located due to lengstandingpre-existingbulldings pulepderen exceptional narrowness, shallowness, shape, topographical conditions or other extraordinary situations or conditions peculiar to the specific parcel ofproperty. The following do not constitute practical difficulties for the purposes ofthis section: i. The existence of nearby structures or buildings on other parcels of property which do not comply with this section; or ii. The granting of a variance on other lots. 2. 3. The variance must be for the minimum reasonably necessary to avoid the The Town Council may impose, in granting a variance, such conditions as above conditions or situations; and, it deems in the public interest and necessary to effectuate the purposes oft this Article. B. EIfany word, phrase, clause, item, sentence, paragraph, section or part in or of the setbaek-provisions of the this Article shall judicially be declared to be invalid or the applicability thereofto any person or circumstances held invalid, the validity of the remainder of the provisions ofthis Article and the applicability thereofto other persons and circumstances shall (Ord. No. 04-01, effective 1/12/04; Ord. No. 16-02, effective 1/30/17; Ord. No. 18-01, effective not be affected thereby. 6/3/18) Bold Underline indicates new language Strikethrough indicates language deleted Asterisks * * * indicate language unchanged AND BE IT FURTHER ORDAINED AND ORDERED, by the Town Council, acting under and by virtue of the authority granted to it by the Maryland Code and the Town of Glen Echo Charter, that: 1. Ifa any part or provision of this Ordinance is declared by a court of competent jurisdiction tol be invalid, the part or provision held to be invalid shall not affect the validity oft the Ordinance as a whole or any remaining part thereof; and 2. This Ordinance shall take effect, twenty (20) days after passage by the Council and approval of the Mayor. Attest: th day of Ihereby attest that the above Ordinance was duly adopted by the Town Council on the 2019, by a vote of in favor and in opposition. Beth Boa, Clerk-Treasurer Town of Glen Echo Approved: Date: Willem Polak, Mayor Town ofGlen Echo 10