Neighbors led by the Seling family appealed the zoning decision, triggering a multi-year process through the Board of Zoning Appeals and the Circuit Court for Baltimore County. This scan contains the Notice of Appeal (November 1952), the Board's full written opinion, the Board's Order of May 1953 granting rezoning from "A" to "F" Residence Zone, and the Circuit Court's Order directing the Board to reconsider. The Board opinion is the most substantive document in the collection, addressing drainage, industrial encroachment, public utilities, and the general welfare of the community.
Document Contents
Transcribed from the original scanned documents. Some text may be approximate due to document age and handwriting.
Notice of Appeal to Board of Zoning Appeals (November 3, 1952)
RE: PETITION FOR RECLASSIFICATION FROM AN "A" RESIDENCE ZONE TO A "F" RESIDENCE ZONE — Property located Northeast of Intersection of Philadelphia Road and Chesaco Ave., 14th District — A.J. Seling, Chas. E. Seling, and Lawrence Seling and The Hooper Co., Petitioners
NOTICE OF APPEAL
FILED NOV 3 1952
To the Zoning Commissioner of Baltimore County:
The undersigned, Petitioners in the above matter, feeling aggrieved by the decision of the Zoning Commissioner in the above matter, desire to appeal same to the Board of Zoning Appeals.
Please note and enter appeal to the Board of Zoning Appeals of Baltimore County from the decision of the Zoning Commissioner of Baltimore County in the above matter.
[Signed] A. J. Seling, Charles E. Seling, Lawrence C. Seling, THE HOOPER COMPANY
Opinion of the Board of Zoning Appeals of Baltimore County
This is an appeal by A.J. Seling, Charles E. Seling, and Lawrence C. Seling, and The Hooper Company, Petitioners, from an Order of the Zoning Commissioner of Baltimore County dated October 31, 1952, denying the reclassification from an "A" Residence Zone to a "F" Residence Zone of certain other property described in said petition.
The case came on for hearing before the Board, testimony was taken for and against said petition, and counsel heard.
The property which is the subject of this petition is to the northwest a hilly, uneven, and rugged tract of land lying to the northeast of the intersection of Philadelphia Road and Chesaco Avenue at Rosedale. There is no group home development northwest of Philadelphia Road (Route 7). To allow the Petitioner to build group homes on the above property would be the opening up of a new area and seriously affect the present cottage neighborhood. However, there has been some development of semi-detached houses in this general section, and at the present time there is a development of semi-detached houses near the intersection of Hazelwood and Kenwood Avenues.
The erection of a large number of group homes on such a rugged contour of land would result in an excessive flow of water into the old Philadelphia Road which would subject the drainage area on the south side of the said highway to excessive flooding. The erection of semi-detached houses instead of group homes would reduce the amount of roof area and allow for more absorption by the ground of rains and waters and would reduce the load on the sanitary sewer system on Red House Run. There was testimony by the Petitioners that it would be necessary to have substantial grading of this property and the costs thereof would only be justified by having group homes, but the Board is of the opinion that the property could be better developed for semi-detached homes or cottages. If either of these type properties were built, much extensive grading would not be necessary.
Some of the witnesses for the Petitioners claimed that the land was needed for row houses because of industrial and commercial growth along the Pulaski Highway. The Board studied the Zoning Maps covering this area of the County and found that there is a substantial acreage zoned "F", and from an actual inspection of the area, found that these large tracts have not yet been built upon, and it is of the opinion that the acreage available for this type of development is ample.
A few of the pictures introduced by the Petitioners were not characteristic of the general neighborhood as the Board noted that there were many substantial individual cottages, well landscaped, situate in this area.
From a study of the area the Board finds that a large tract of land almost adjoining this tract was previously subject to a petition for reclassification from "A" Residence Zone to "F" Residence Zone, but this was denied and the reclassification was granted from an "A" Residence Zone to a "F" Residence Zone. Obviously it would seem to the Inspector to deny the reclassification from an "A" Residence Zone to a "F" Residence Zone on one petition and grant the other, when in many respects the facts and circumstances are practically the same.
The Board will, therefore, pass its Order granting a reclassification of the property from an "A" Residence Zone to a "F" Residence Zone subject to the filing of a plan approved by the Baltimore County Planning Commission for the development of the property.
Board of Zoning Appeals \xe2\x80\x94 Order (May 7, 1953)
It is this 7th day of May, 1953, Ordered by the Board of Zoning Appeals of Baltimore County that the property be reclassified from an "A" Residence Zone to a "F" Residence Zone, subject to the filing of a plan approved by the Baltimore County Planning Commission for the development of the property.
All that parcel of land described in the petition, saving and excepting therefrom that portion more particularly described, beginning at the beginning of the sixth or North 13 degrees 56 minutes 10 seconds West line of the land described in this petition thence and binding on said line 329.32 feet, thence North 58 degrees 55 minutes 53 seconds east 1200 feet, more or less, to the westernmost side of a 60 foot roadway and binding thereon and running in a southerly direction a distance of 370 feet, more or less, to intersect the northernmost side of a 60 foot roadway there situate and binding thereon and running in a westerly direction 1170 feet to the beginning. Being that portion outlined in "Blue" on plot plan filed with petition and made a part of this Order.
[Signed by Board members: H. Roy Campbell, [members], Carl [?]]
Board of Zoning Appeals of Baltimore County
Circuit Court \xe2\x80\x94 Order (June 1953)
ORDER
Upon the aforegoing petition and affidavit, it is this 27th day of June, 1953, by the Circuit Court for Baltimore County ORDERED,
(1) That a writ of certiorari issue directed to the Board of Zoning Appeals of Baltimore County to review the decision and Order of said Board of Zoning Appeals dated May 7, 1953 and that a return thereto shall be made and served upon the relators' attorney within ten days from the date of this Order; and
(2) That the Board of Zoning Appeals of Baltimore County be and it is hereby required to return to this Court the original papers acted upon by it in the within proceedings, or certified or sworn copies thereof, together with all records and exhibits in said proceedings and a transcript of all testimony taken before said Board in connection with said proceedings as well as a copy of the Order and Opinion entered by said Board, and the return shall seasonably set forth such other facts as may be pertinent and material to show the grounds of the decision and Order appealed from and shall be verified.
[Signed] Judge
True Copy Test: [signature] Register
Circuit Court \xe2\x80\x94 Order of Dismissal (Filed August 10, 1953)
A.J. Seling, Charles E. Seling, Lawrence C. Seling and The Hooper Company (Appellants)
vs.
H. Roy Campbell, Charles W. Gohn and [others] being and constituting the Board of Zoning Appeals of Baltimore County, Defendants
IN THE CIRCUIT COURT FOR BALTIMORE COUNTY AT LAW
ORDER OF DISMISSAL
Mr. Clerk:
Please enter the Petition for Writ of Certiorari, the Writ which was issued, and all other proceedings in the above entitled matter "Dismissed," costs to be paid by Petitioners (Appellants).
[Signed] A. J. Seling, Charles E. Seling, Lawrence C. Seling
THE HOOPER COMPANY
By: [signature] Vice-President
Petitioners (Appellants)