TOWN OF MOUNT AIRY BOARD OF APPEALS MINUTES January 31,2024 BOARD MEMBERS IN. ATTENDANCE: Chairperson-Peter Helt, Judi Stull, Patricia Washabaugh, Wade Gallagher, Roxanne Hemphill, Sean Kelly-Alternate STAFF MEMBERS: John Breeding - Director of] Planning & Zoning BOARD MEMBERS ABSENT: None OTHERS: Tom McCarron, Town Attorney Debra Clinton - Planning & Zoning Review Coordinator CALLTOORDER Chairperson Peter Helt called the public hearing to order at approximately 7:00 p.m. and led the Board in the Pledge of Allegiance. APPROVAL OF MINUTES MOTION: Chairperson Peter Helt motioned to approve the minutes from the October 3, 2023, Board of Appeals meeting. Seconded by Patricia Washabaugh. Vote: 4-1, Chairman Peter Helt - Approve, Judi Stull - Approve, Patricia Washabaugh - Approve, Wade Gallagher - Approve, Roxanne Hemphill - Abstain. APPROVALOF) FINDINGS AND DECISION None CASENO.MABOAZLN: South Side Plaza (Second Submission, Second Request) APPLICANT: LOCATION: CURRENT ZONING: CURRENT USE: PROPOSED USE: TABASSEM REALTY, LLC South Main Street, Mount Airy, MD: 21771 LC-Limited Commercial Vacant Land Medical Office Building The applicant requests a variance based on hardship or practical difficulty related to the size restrictions on buildings in the LC Zone, parcels along South Main Street, Mount Airy, MD 21771. These parcels are located south of 1502 S. Main Street, the medical office building. (Two Attorney Clark Shaffer, on behalf of the petitioner, presented the case to the Board of Appeals members. All witnesses were sworn in by Chairperson Peter Helt. The first witness was Dr. John Baker, DPT, Baker Rehab Group 197 Thomas Johnson Drive, Frederick, MD. The second witness was Ron Thompson, VanMar Associates, Mount Airy MD. The third witness was Dr. Shahid Rafiq, MD, the applicant. Roxanne Hemphill motioned a favorable recommendation to grant the variance and accept the staff report recommendations to allow the one larger building with a total of 8,064 sq. ft. and the second building of 4,608 sq. ft. as well as a setback not less than 9'6" for Case No. MA-BOA-2023-04: South Side Plaza (Second Submission, Second Request). Seconded by Chairperson Peter Helt. Vote: All in favor, none opposed. Buildings) CASE NO. MA-OAZPHISPICIAL EXCEPTION-204 NORTH MAIN STREET APPLICANT: LOCATION: CURRENT ZONING: CURRENT USE: PROPOSED USE: Joseph Cooper 204 North Main Street RE-] Residential Existing RE - Residential Existing RE - Residential Existing (With an Accessory Apartment) The applicant requests a special exception for an Accessory Apartment under code section $112- 62-22 for an accessory apartment at 204 North Main Street, Mount Airy, MD 21771. The zoning for this parcel is RE Residential Existing. Chairperson Peter Helt motioned to approve Case No. MA-BOA-2024-01, Special Exception - 204 North Main Street for an accessory apartment. Seconded by Judi Stull. Vote All in favor, none opposed. ADJOURNMENT Chairperson Peter Helt motioned to adjourn the meeting. The meeting was adjourned at 8:19 p.m. Approved by Chairperson, Peter Helt Prepared by Debra Clinton 2