Agenda - Planning Commission - 01/04/2018

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Zoning Bulletin December 10, 2017 I Volume 11 I Issue 23 special permit." The court further explained that if the imposed conditions are "unreasonable or improper," they may be annulled although the variance is upheld. Here, the appellate court concluded that the ZBA's conditions on Bonefish Grill's parking variance, requiring valet parking and limiting the hours of operation to coincide with the hours of access to the 40 off-street parking spaces granted in the license agreement, were "proper because the conditions related directly to the use of the land and were intended to protect the neighbor- ing commercial properties from the potential adverse effects of [Bonefish Grill's] operation, such as the anticipated increase in traffic congestion and parking problems." The court found that the "ZBA's rationale was supported by empirical and testimonial evidence," including the testimony of local store owners and the ZBA members own personal knowledge of parking demands in the area of the Property. See also: St. Onge v. Donovan, 71 N.Y.2d507, 527 N.Y.S.2d 721, 522N.E.2d 1019 (1988). See also: Martin v. Brookhaven Zoning Bd. of Appeals, 34 A.D.3d 811, 825 N.Y.S.2d 244 (2d Dep't 2006). Zoning News from Around the Nation CALIFORNIA The San Francisco Board of Supervisors in considering legislation "that would make it easier to establish specially protected cultural districts in the city." The bill's aim is to "help slow the tide of gentrification in traditional ethnic enclaves." The new bill defines a cultural district as a neighborhood that: "Embodies a unique cultural heritage because it contains a concentration of cultural and historic assets or culturally significant enterprise, arts, services, or businesses, or because a significant portion of its residents or people who spend time in the area or location are members of a specific cultural, com- munity, or ethnic group." Source: Curbed San Francisco; https://sfcurbed.com MARYLAND The Montgomery County Council passed legislation that restricts the place- ment of country inns in certain residential zones. While current zoning law designates "ruralareas" as locations for country inns, the recently passed mea- sure gives more specificity, allowing for a country inn to be located in certain residential zones "only on properties that border a more rural zone." An amendment to the bill creates an exemption to the location restrictions for country inns located in a building that the county has deemed historic. Source: Bethesda Magazine; www.bethesdarnagazine.com © 2017 Thomson Reuters 11