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City of Greenbelt
Procedures for Processing Variances

INTAKE

1.  Department of Planning and Community Development provides application forms, instructions and assistance as necessary (by mail, phone or in-person).

2.  Applicant submits completed application and payment.

3.  A meeting must be scheduled between the applicant and a planner to review the completed application prior to processing application & fee.

          4.   At the meeting with the applicant, Planning Staff verifies:

• Request
• Requirements
• Accuracy of Site Plan
• Accuracy of Adjoining Property Owners
• Number of Signs needed, if necessary
• Availability of applicant for Public Hearing
  

5.  Planning Staff approves application for processing.

PROCESSING

6.  Planner meets with Director to review case and set public hearing date (next available Board of Appeals meeting).

7.  The Clerk to the Board of Appeals assigns case number, logs into record, sets up file. The Clerk sends public hearing notices (notices to applicant, abutting property owners and referring agency or department must be sent by certified mail (copy of plan attached) with return receipt requested; notices to civic association, M-NCPPC and the City Attorney may be sent by regular mail). Post notice on City bulletin board in the Municipal Building. A written affidavit is placed in the case file to document that notice requirements have been met. Legal advertisement is placed in the Greenbelt News Review appearing not less than 5 days prior to the date of the hearing.

8.  For non-residential property, notice of hearing sign must be posted on the property at least 15 days prior to the Public Hearing. The applicant must take a photograph of the sign, indicate the date posted, and file a written affidavit in the record to document posting of the property.

9.  Planner prepares staff report; makes recommendation and submits to the Planning and Community Development Director for review.

10.  Planner prepares Board of Appeals agenda to include public hearing and confirms attendance by the City Attorney (if required).

 

PUBLIC HEARING & RECOMMENDATION (RESOLUTION)

11.  Board of Appeals holds public hearing in accordance with adopted Rules and Procedures.

12.  Board of Appeals closes the record and makes a recommendation based on a majority of Board members present or holds the record open to receive additional evidence. If public hearing is continued to a specified date, time and place, no further notice needs to be given. If not, send notices by certified mail to all persons of record of new hearing date.

13.  Staff prepares recommendation (draft resolution) for Board of Appeals.

14.  Draft recommendation (resolution) to City Council placed on Board of Appeals agenda for final action.

15.  Application placed on hold until end of exception period (15 days after receipt of notice)

16.  The City Clerk notifies the Board of Appeals, through the Department of Planning and Community Development, of any exceptions and/or requests for oral argument filed.

FINAL DECISION

17.  If no exceptions are filed with City Council or Oral Argument requested by City Council, the City Clerk schedules the recommendation (resolution) for approval by City Council on consent agenda at next regular City Council meeting. Notice of the Final Decision is sent to all persons of record by regular mail service by the Department of Planning and Community Development.

18.  If exceptions are filed, the Department of Planning and Community Development forwards a copy of the case record to City Council and the City Clerk within seven days. City clerk schedules a hearing before City Council giving all person of record and the Board of Appeals at least seven days notice.

19.  At the close of the hearing, City Council must accept, deny or modify the recommendation of the Board of Appeals or return the application to the Board of Appeals for reconsideration.

20.  City Clerk sends written decision of City Council to all parties of record, Board of Appeals, M-NCPPC and the District Council.

21.  Appeal of decision of City Council can be made to Circuit Court within thirty (30) days of the date written decision is mailed.

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FILING INSTRUCTIONS
APPLICATION FOR VARIANCE

MS Word Version of Application

The completed application package outlined below must be submitted to:

City of Greenbelt - Dept. of Planning & Community Development
15 Crescent Road, Suite 200
Greenbelt, Maryland 20770
Telephone: 301-345-5417
Facsimile: 301-345-5418

Application: One copy of the application form, printed in ink or typed, and signed by the applicant (property owner or owner’s agent or representative) shall be submitted. All required information shall be provided including:

Description of Property:
a. List the property address or the hundred block and street name, if the house/building number is not known. You may contact the City Planning Department or the M-NCPPC zoning office (301) 952-3195 or 3208 for zoning information.

b. List the present zoning, lot, parcel #, block and subdivision name. If none exist, provide the parcel number or other identifying information. For zoning information you may contact the M-NCPPC zoning office at (301) 952-3195.

Required Variance: Describe the purpose for requesting a variance. Indicate the applicable section of the Zoning Ordinance and the amount of the requested variance. The variance requested is the difference between what the law requires and what exists or will exist on the property.

Purpose of the Variance: A variance may only be granted if the City of Greenbelt finds that:

1. A specific parcel of land has exceptional narrowness, shallowness, or shape, exceptional topographic conditions, or other extraordinary situations or conditions;

2. The strict application of this Subtitle 27-230 will result in peculiar and unusual practical difficulties to, or exceptional or undue hardship upon, the owner of the property; and

3. The variance will not substantially impair the intent, purpose or integrity of the General Plan or Master Plan.

Describe the intended changes to the property and how the previously listed criteria will be met. Additional sheets may be attached as needed. It is important to state your perceived hardship and why a variance should be granted. Photographs, architectural drawings and other similar materials are encouraged to support the Statement of Justification and to provide examples of the subject, or similar proposals.

Adjoining Property Owners: Include any property that actually touches your property as well as any property that would border your land if a street, alley, or stream did not exist. Assistance in obtaining these names and addresses can be obtained from the Department of Assessments and Taxation in Room 355-B of the Prince George’s County Courthouse in Upper Marlboro.

Site Plan: The site plan must be accurate, legible and drawn to scale. It should be prepared by a registered engineer or land surveyor and must show all existing and proposed structures and parking facilities, all abutting streets and alleys, distances (in feet) along all property lines, and the distances (setbacks) of all existing and proposed structures from the property line.

Fee Schedule: A check or money order shall be made payable to the City of Greenbelt. The fee for filing a variance is $100.00, plus $10.00 for each sign required on commercial or industrial property.

Other Information: Once an application has been accepted, it will take several weeks to schedule a hearing. The applicant or an authorized representative must attend the hearing to justify the request and why you cannot conform to the requirements of the Code. After the Board of Appeals has heard your case, they will render a recommendation/resolution or hold the record open to receive additional evidence. The Board of Appeal’s recommendation is forwarded to the City Council for final action. If you disagree with the Board of Appeal’s recommendation, you have 15 days from the date of the resolution to request oral argument before the City Council.

Application for a variance is no assurance that it will be granted. The public hearing is for you and others interested in this case to state their position. If you need additional assistance in filling out the application, contact the City of Greenbelt’s Department of Planning and Community Development at (301) 345-5417. An appointment must be made with the Department of Planning & Community Development to review your application prior to it being processed.