Agenda - Planning Commission - 01/05/1999

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Z.B. December 10, 1998 -- Page 7 ~ effect the building would have on the public view and improperly dismissed the issue of the neighbor's view based on the fact that Folkers could have proposed a taller building. Folkers appealed, claiming the court abused its discretion by reversing the board's decision. DECISION: Affirmed. The court properly reversed the board's decision. The examiner didn't consider the impact Folkers' proposal would have on views from "other buildings and from public viewing places." Although the examiner summarized the percentage of view lost because of the proposal, he didn't address .whether and how the building was designed to respect other landowners' views. Measuring the extent of the negative impact and finding it wasn'.t as harm- ful as it could have been wasn't the same as assessing whether the building was designed acdording to' the guidelines. The purpose of the guidelines was to ensure 'buildings were designed' to respect the character of the district and the views from existing properties. One of the reasons Mt. Adams was a desirable place to live and a valuable city asset was the view enjoyed from its properties. The trial court didn't say the neighbor had a right'to a view, it merely said the examiner failed to consider whether the new building was designed to re- spect the neighbor's view. The neighbor had a legitimate right to expect the examiner would consider the guidelines relating.to .views. · see also: Dudukovich v. Lo~rain'Metr°Po!itan Housing Authority, 389 N.E. 2d 1113 (1979). see also.. Community Con. cerned Citizens Inc.. v. Union Township £o~rd of Zoning Appeals, 613 N.E.2d 580 (1993). Adult Entertainment -- Nude dancing is allowed despite new ordinance Citation: Mayor and City Council of Baltimore .v. Dembo, Inc., Court of SpecialAppeals of Maryland, No. 105, Sept. Term, 1998 (1998) Dembo ran the Gentleman's Gold Club in a Baltimore bhsiness district. The club had partihlly nude dancing. Before 1994, the city had no use defined as "adult entertainment." Nude dancing was allowed because the club operated as a "tavern, including live entertainment and dancing." In 1994, the city passed an ordinance regulating the use of "adult entertain- ment,'' defined as businesses "where persons appear in a state of total or partial nudity." The ordinance prohibited adult entertainment in the business district. However, previously existing businesses offering adult entertainment could continue as nonconforming uses if they could prove they were using the prop- erty in a lawful manner at the time the ordinance was adopted. Dembo's club qualified as a legal nonconforming use. The ordinance also required all existing businesses offering adult enter-