* * * ******************* OPINION * BEFORE THE * * * *1 I. IN THE MATTER OF: DATT.TRAN Petitioner BOARD OF APPEALS E.

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1 N THE MATTER OF: DATT.TRAN Pettoner 1402 E. Joppa Road 9 th Electon Dstrct 6 th Counclmanc Dstrct * BEFORE THE * * * * BOARD OF APPEALS FOR BALTMORE COUNTY Case No.: ASA ******************* OPNON Ths matter comes before the County Board of Appeals of Baltmore County (herenafter "Board") on an appeal of the September Opnon and Order of the Admnstratve Law'! * * * *1 ' 1 Judge for Baltmore County. Theren Admnstratve Law Judge Tmothy M. Kotroco granted! certan zonng relef to permt the converson of the subject property and mprovements thereon for use as a nal salon. The adjacent property owners n nterest namely D Zhang and Ydon Dong (herenafter "Appellants") fled a tmely appeal on October The matter then came " before the Board at a publc hearng on November Appearng at that hearng were J. '[ Nel Lanz Esqure representng Pettoner/owner of the subject propely Dat T. Tran and! Lawrence E. Schmdt Esqure representng Appellants D Zhang and Ydon Dong prncpals of DZD LLC the Maryland Lmted Lablty Company on ttle for 1404 East Joppa Road. At the onset of the hearng counsel nformed the Board that subsequent to the flng of the appeal by the Appellants and pror to the hearng before the Board an agreement had been reached between the partes. Ths agreement relates to the proposed use of the property and the zonng relef to be granted n connecton therewth; as well as the amendment of an exstng prvate easement bndng these adjacent propertes. The partes requested that amended relef be granted as herenafter descrbed and that the case be presented through the proffer of counsel. Ths request was approved by the Board and the matter proceeded n that fashon.

2 nat T. Tral/Case No.: ASA Proffered testmony and evdence ndcated the subject propelly located at 1402 East Joppa Road conssts of 7225 square feet or 0.16 acres and s currently zoned Resdental-Offc~ (RO). A one and a half story masomy buldng s located on the subject property whch s benj! convelled to a nal salon. The proposed nal salon wll utlze the frst floor whle the seconct'! floor wll be utlzed for storage. Mr. Lanz proffered the followng testmony on behalf of Hemy Tran brother of Owner! Dat T. Tran. Hemy Tran wll be the owner and operator of the nal salon busness at the subject! property along wth hs wfe. Mr. Tran prevously operated a nal salon busness n a leased space \ near the subject property. The hours of operaton for the nal salon busness wll be Monday'! through Saturday 10:00 a.m. - 8:00 p.m. and Sunday 11 :00 a.m. - 4:00 p.m. Saturdays are typcally the busest day. Customers wll be mostly by appontment however some walk-ns are antcpated. The purchase of the subject property and mprovements to date have cost n excess of $ Parkng wll be suffcent for employees and customers and the proposed mprovements wll be compatble wth the varous busnesses resdences and offces n the area along the Joppa Road corrdor. Addtonal evdence presented and as shown on the ste plan accepted as Exhbt No. was that the Appellants own the adjacent propelly known as 1404 Joppa Road and use that propelly as ther resdence. Although they do not object to the proposed use they object to the Pettoner's ntal proposal whch provded for the constlucton of a drveway between propertes to a proposed parkng lot n the rear. The Appellants fear that ths proposed drveway (whch would be constlucted on both propelles pursuant to a recorded easement whch permts access n between the respectve buldngs) would detrmentally mpact ther propelly and cause an unsafe condton. Moreover constructon of that drveway and parkng confguraton l! 2

3 Dot T. Tron/C.se No.: 1l-366-ASA would necesstate a seres of zonng varances; as more patcularly descrbed n Admnstratv~ Law Judge Kotroco's opnon and order. n leu of these concerns the Pettoner wth the consent of the Board amended the relef requested. n leu of the varances requred under the pror proposal the Pettoner now seeks th~ approval of a modfed parkng plan pursuant to Baltmore County Zonng Regulatoq ("BCZR") Secton The modfed parkng plan shows that the number of parkng space~ requred for ths proposed use are n fact provded and the confguraton of the proposed pat'kn~ area s revsed from the ntal proposal. All of the parkng s now provded n the front yard to take advantage of the exstng means of access from Joppa Road and exstng mpervou~ surface. The modfcaton requested relates to the confguraton of the proposed lot. Mr. Lanz next proffered the followng testmony on behalf of Thomas J. Hoff landscape! archtect who has testfed before ths Board as an expel landscape archtect and expert n landl use matters. The modfed pat'kng plan as shown on the ste plan prepared by Mr. Hoff wasl offered and accepted as Pettoner's Exhbt 1. Exhbt 1 reflects the proposed nal salon tlu'eel standard parkng spaces and one van accessble handcap space n the front yard and one! employee parkng space n the sde yard. The modfed parkng plan was necessary as a result of] the undue hardshp upon Pettoner n order to meet the requrements for parkng under Secton 409 of the BCZR. Ths undue hardshp ncludes the necessty of creatng and pavng a drveway: between the subject property atld 1404 East Joppa Road. Addtonal hardshp ncludes the removal and relocaton of an exstng fence between the two propertes and the elmnaton of: natural/pervous area. Pavng would have to be nstalled along the sde of Pettoner's Property! through the neghbor's sde yard and nto the Pettoner's landscaped rear yard. The area as shown on the modfed plan s paved and avalable for the proposed parkng. ' 3

4 DRt T. TrnnteR" No.: 1l-366-ASA Mr. Hoff s further proffered testmony ncluded hs expert opnon that the modfed parkng plan as shown on Exhbt meets the requrements of Secton 409.8(B)(2) of the BCZ~ as follows:. The land beng used for the modfed parkng plan adjons the nal salon busness;. The modfed parkng plan s lmted to passenger vehcles only;. The modfed parkng plan reflects the lmtaton of no loadng servce or uses otherl than parkng; v. The modfed parkng plan shows that lghtng wll be restrcted as to locaton)' drecton glare and ntensty; v. The modfed parkng plan shows satsfactory parkng arrangements and vehcl<\ ; access; j v. The modfed parkng plan provdes for mantenance by the owner of the propelty and! busness; and ' v. The modfed parkng plan wll not be detrmental to the health safety 01' general welfare ofthe surroundng communty. \ Secton 409.8B(1)(e)(4) of the BCZR requres Pettoner to meet the requrements oft Secton of the BCZR and M'. Hoffs further proffered expel testmony ncluded thel followng opnons:. The modfed parkng plan wll not be detrmental to the health safety general welfare! of the area.. The modfed parkng plan wll not tend to create congeston n roads streets 01' alleys.. The modfed parkng plan wll not create a potental hazard f'om fre panc 01' otherl danger. v. The modfed parkng plan wll not tend to overcrowd land 01' cause undue concentratonj of populaton. 1 v. The modfed parkng plan wll not nterfere wth adequate provsons for schools parks water sewage transpotaton or other publc requrements. v. The modfed parkng plan wll not nterfere wth adequate lght and al'. l Vl1. The modfed parkng plan wll not be nconsstent wth the purposes of the propeltes RO zonng classfcaton 01' n any other way be nconsstent wth the sprt and ntent ofl the BCZR. ' v. The modfed parkng plan wll not be nconsstent wth the mpermeable surface and vegetatve retenton provsons of the BCZR. x. The modfed parkng plan wll not be detrmental to the envronmental and natural resources of the ste and vcnty. A Certfcate of Zonng Approval for Cosmetology 01' Barbel' Related Uses as sgned by Arnold Jablon Drector Permts Approvals and nspectons dated July was offered and 4

5 Dot T. Trante.. No.: ASA accepted as Pettoner's Exhbt 2. Seven recent photographs taken by Mr. Hoff of the SUbjecj property and adjonng propel1es were offered and accepted as Pettoner's Exhbt 3. The exhbts and ful1her testmony proffered on behalf of Mr. Hoff confrmed the unqu~! characterstcs of the subject propel1y whch caused the BCZR to mpact dsprop0l1onately on th~ subject propel1y and thus resultng n practcal dffculty or ulll'easonable hardshp to the Pettoner! These characterstcs ncluded the narrow nature of the lot the steep grade n the rear the exstencd of the resdence snce 1942 and the fact the lot s surrounded by Joppa Road n the front and thq Mel1'tt Retal Center n the rear. The only varance requested under the revsed proposal s for sgnage. Across the street fro~ the subject propel1y and all along the Joppa Road col1'dor n ths area are resdental townhouses! Secton Attachment 1 Secton A(5)(m) of the BCZR requres that n the event of a resdentj zone across f'om a RO zoned propel1y a varance s necessary for a f'eestandng dentfcaton sgnl Proffered testmony descrbed the proposed 15 square foot non-llumnated f'eestandng sgn nj more than sx feet n heght as essental for locatng the busness for exstng and potental customers. The sze and heght ofthe proposed sgn s n accordance wth the sgn regulatons n thlj BCZR. A Specal Varance s also requested due to the propel1y's locaton n a defcent traffc shed: The proffered testmony confrmed dscussons had been held and plans revewed by Mr. Hoff ang Steve Weber of the Baltnl0re County Traffc Dvson wth regard to the mpact of the proposed nal salon busness on the falng ntersecton located at Loch Raven Boulevard and East Jopp4 Road. Testnlony confrmed that the dstance of the subject propel1y f'om the ntersecton the small mlmber of employees and potental customers and the hours of operaton would result n lttle or nj adverse mpact on tlus ntersecton. n concluson counsel proffered on behalf of Mr. Hoff thal 5

6 DRt T. TrRn/C.se No.: ASA wthout the sgn varance specal varance for traffc and modfed parkng plan Pettoner would bd unable to use the propelty for the permtted nal salon use. On behalf of the Appellants D Zhang and Ydon Dong Lawrence E. Sc1mldt Esqur~ represented there was no objecton to the modfed parkng plan and requested zonng relef folj the proposed nal salon at the subject propelty. DECSON Secton 307 of the BCZR permts grantng of a varance upon celtan terms and condtons whch n pertnent pmt allows a varance where specal crcumstances or condtons exst that are pecular to the land that s the subject of the varance request and where strct 1 complance wth the Zonng Regulatons would result n practcal dffculty or unreasonable hardshp. Under the COUlt of Specal Appeals Decson n Cromwell v. Ward 102 Md. App whch sets foth the legal standard under whch a varance may be granted the Board of Appeals hearng the case De Novo s gven the task of nterpretng regulatons and statutes \ where ssues are debatable n the lght of the law. Once havng establshed the property s unque 1 the Board must fnd the applcaton of the zonng ordnances mpose a practcal dffculty and undue hardshp on the Pettoner. Fnally the Board must determne whether the approval of the requested zonng relefwll be contrary to the sprt and ntent of the BCZR. Upon consderaton of the testmony and evdence offered durng ths hearng the Board fnds the subject property s unque because of ts narrow sze steep slopes and 1942 stlucture. The proffered testmony of the propretor Henry Tran and Pettoner's expelt Thomas J. Hoff was uncontradcted by the Appellants. Havng establshed the property s unque the Board fnds the applcaton of the zonng ordnances mpose a practcal dffculty and undue hardshp on the Pettoner. The Board fnds as a matter offact the locaton of the subject property n an RO zone 6

7 Dat T Tran/Case No: ASA across from a townhouse communty located n a Densty Resdental (DR) zone and ts locato~ at the outer boundary of a falng ntersecton area result n practcal dffculty upon the: Pettoner The Board fnds as a matter of fact that the steep topography narrow lot and lmted area between the Pettoner's property and the Appellant's property renders the proposed locatonl of the modfed parkng approprate None of these factors were self-mposed by the Pettoner The Board fnds the uncontradcted evdence establshes there wll be no njury to publc safety health and general welfare by the grantng of the requested zonng relef nor wll approval be contrary to the sprt and ntent of the BCZR n concluson the Board s unanmous n grantng the amended zonng relef; to wt () Petton for Specal Hearng pursuant to Secton 5007 for the approval of a modfed parkng plan pursuant to Secton of the BCZR; () Petton for Varance from Secton Attachment 1 Secton A(5)(m) of the BCZR to allow a freestandng sgn n a RO zoned property facng resdentally zoned property; and () Petton for Specal Varance f'dln Secton [ 4A02.4(D) to allow twelve (12) peak hour trps n leu of the permtted zero number of peak 'f hour trps THEREFORE t s ths -\--"'-. ORDER 5 day of January 2012 by the Board of Appeals for Baltmore County ORDERED the Petton for Specal Hearng pursuant to Secton 5007 of the Baltmore County Zonng Regulatons to approve the modfed parkng plan pursuant to Secton ; the Petton for Varance from Secton Attachment Secton A(5)(m) of the BCZR to allow a freestandng sgn facng resdentally zoned property and the Petton for Specal Varance 7

8 Dat T. TrantC.se No.: ASA from Secton 4A02.4(D) to allow twelve (12) peak hour trps n leu of the permtted zero lullllv" of peak hour trps be and the same are hereby GRANTED. Any Petton for Judcal Revew from ths decson must be made n accordance Rule through Rule of the Maryland Rules. BOARD OF APPEALS OF BALTMORE COUNTY Lawrence S. Wescott Charman / / " we.ndrj'. z~r.w /! ) >" / f} ' t ( )/ ) //;. '. / ' ({VlL/'. / E ward W. Crzer J'. / / 8