Tax Map/Block/Parcel No. 67-18-239 and 68-13-184 Case 6427 OFFICIAL DECISION BOARD OF ZONING APPEALS CARROLL COUNTY, MARYLAND APPLICANT: Metro Bobcat, Inc. C/O William Phebus 33 W. Old Liberty Road Sykesville, MD 21784 ATTORNEY: N/A REQUEST: A request for a conditional use for a vehicle sales lot. LOCATION: The site is located at 100 W. Old Liberty Road, Sykesville, Maryland on property zoned "C-2" Commercial Medium Intensity District in Election District 14. BASIS: Code of Public Local Laws and Ordinances, Section 158.082. HEARING HELD: January 3, 2023 FINDINGS AND CONCLUSION On January 3, 2023, the Board ofZoning Appeals (the Board) convened to hear the request for a conditional use for a vehicle sales lot. Based on the testimony and evidence presented, the Board made the following findings and conclusions. William Phebus testified in the case. He is the president and Chief Executive Officer of Metro Bobcat, Inc. He stated that the request was really not for a sales lot. He would be using the space for the storage of equipment. The Bobcat equipment to be stored would be similar to the equipment noted in Exhibit 1 and Exhibit 2. Much oft the equipment to be stored will be agricultural equipment. There will be no customers coming to the lot. Most ofhis employees live in Carroll County. His company tries to be a good community partner. He anticipated that six months from now there would be new equipment stored in rows. The storage area would not be an eyesore to the community. He keeps the property clean and has never been cited by a governmental agency for any violations on the property. Lighting for the lot will be provided by solar energy. David Phebus testified in the case. He stated that they planned on restoring and renting out the house. He expected that the house would be rented out to a church member who will also be the caretaker for the lot. A December 14, 2022 memorandum from the Department of] Planning and Abigail Rogers, Planning Technician, stated that the staff finding was that this request is consistent with the 2018 Freedom Comprehensive Plan and would not have an adverse effect on the current use of the property. The Board was convinced that authorization of the request with regard to a conditional use was consistent with the purpose ofthe zoning ordinance, appropriate in light ofthe factors to be considered regarding conditional uses oft the 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 approved the conditional use requested by the applicant. The Board approved the vehicle sales lot with two conditions. One, the conditional use lot could only remain in effect while the property was used by the company, Metro Bobcat, Inc. Two, the lot could only be used for the storage of equipment. MER A40093 Date Melvin E. Baile, Ir., Chairman Decisions of the Board ofZoning 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) If the 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 of the 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 if the 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