Tax Map/Block/Parce. No. 62-19-425 Case 6547 OFFICIAL DECISION BOARD OF ZONING APPEALS CARROLL COUNTY, MARYLAND APPLICANT: Ricky Colson, Jr. 1834 W. Liberty Road Westminster, MD 21157 ATTORNEY: Kelly J. Shaffer Miller, Esq. Shaffer, Miller & Hurff, LLP 73 East Main Street Westminster, MD 21157 REQUEST: An application for a conditional use and four variances for a Contractor's Equipment Storage Yard. LOCATION: The site is located at 1834 W. Liberty Road, Westminster, Maryland on property zoned "A" Agricultural District in Election District 9. BASIS: Code of Public Local Laws and Ordinances, Sections 158.071.01, 158.040, and 155.051. HEARING HIELD: March 25, 2025 FINDINGS AND CONCLUSION On March 25, 2025, the Board of Zoning Appeals (the Board) convened to hear an application for a conditional use and four variances for a Contractor's Equipment Storage Yard. Based on the testimony and evidence presented, the Board made the following findings and conclusions. Ricky Colson, Jr. testified as the applicant. He bought the property in question in 2021. The property includes his personal residence and a Contractor's Equipment Storage Yard for his businesses. His residence is the white house reflected in Exhibit 3 page 3. All the buildings that existed on the property were there at the time of purchase. At the time he bought the property he had two businesses. One company is Colson Septic Services, and the other business is Big Ricks Landscaping & Tree Service. He has two employees working with the septic business and seven employees working at the landscaping and tree business. These nine employees would come to the Contractor's Equipment Storage Yard location to pick up trucks in order to perform their work. The employees drive to the location in their personal cars to pick up the work trucks in the morning. Then in the afternoon the work trucks are returned, and the employees drive their personal vehicles home. The work trucks are either parked in the pole building or barn or in the gravel area. His largest truck can be seen in Exhibit 3 page 2. He also has a dump truck and trailers. All the work for the businesses happens at the job sites. He sells firewood as a wholesale business. He owns a total of twelve trucks. All ofhis office staff works remotely and does not report to the Contractor's Equipment Storage Yard. He needs all of the space at the Contractor's Equipment Storage Yard in order to allow his trucks to turn around. There are no retail sales allowed on the site. Randy Bachtel, with BPR, LLC, testified in the case. He was accepted by the Board as an expert in land use, planning and design. He looked at the boundaries ofthe property and nearby properties. He also personally visited the site. The site has 17.72 acres. The access road is from Liberty Road. The paved driveway varies from thirteen feet to seventeen feet. Two vehicles can pass one another on the road. The shape of the property is unique. The width of the property is 400 feet. There is no location on the property where distance variances would not be needed. The property adjoins the South Carroll Swim Club. There is a pasture for COWS and a slope on the property. A zoning plat was prepared by BPR, LLC. for the file. A March 3, 2025, memorandum from the Department of Planning and Carlisle Fillat, Comprehensive Planning Technician, stated that the staff finding was that this request is consistent with the 2014 Carroll County Master Plan as amended in 2019. The Board approved the application largely because the buildings existed before the applicant purchased the property. Mr. Colson utilized the site to suit his businesses with its existing buildings. The site was a horse farm before he moved there. The barn had forty stalls in it. The Board was convinced that authorization of the request with regard to a conditional use for a Contractor's Equipment Storage Yard was consistent with the purpose of the zoning ordinance, appropriate in light oft the factors to be considered regarding conditional uses ofthe zoning ordinance and would not unduly affect the residents of adjacent properties, the values of those properties, or public interests. Based on the findings of fact made by the Board above, the Board found that the proposed project would not generate adverse effects (i.e. noise, traffic, dust, water issues, lighting issues, property depreciation, etc.) greater here than elsewhere in the zone. The Board also approved the four requested variances. One variance was for the access drive requirement of 18'. Another variance was for the 1.12-acre space used by the Contractor's Equipment Storage Yard when the code requires one acre. Two distance variances were required from the 900' requirement. Vlis Be 3-27-2025 Date Melvin E. Baile, Jr., Chairyhan Decisions ofthe Board of Zoning Appeals may be appealed to the Circuit Court for Carroll County within 30 days of the date of the decision pursuant to Land Use Article, Section 4-401 of the Annotated Code of Maryland. Pursuant to Section 158.132 (E) of the County Code, this approval will become void one year after the date ofissuance if the construction or use for which the certificate was issued has not been started. Contact the Office of Zoning Administration at 410-386-2980 for specific compliance instructions. Pursuant to Section 158.133(H)(3) of the County Code: (3) Approvals. (a) Ifthe application is approved by the BZA which does not require a site plan, the approval shall become void unless a building permit conforming to the plans for which the approval was granted is obtained within six months. (b) An approval for which a building permit is not required shall become void unless the use or variance is implemented within one year ofthe date of the written decision. (c) An approval for which a site plan is required shall become void unless the concept site plan has been submitted for distribution to the reviewing agencies and accepted by the Bureau of] Development Review, or its success agency, within six months from the date of the written decision. An approval for which a site plan is required may become void ifthe property owner or developer fails to take action to secure an approval of the site plan from the Planning Commission in a timely manner, as determined by the Bureau of Development Review. YABZAIFORMSDecision format.doc