Oregon Grille

OREGON GRILLE USES CZMP TO BYPASS COURT RULINGS

Again the community and County taxpayers are the ones getting burned by the failure of County officials to enforce zoning rulings and other regulations on the property the Oregon Grille leases (for $5,000 a year) from Baltimore County at the corner of Shawan and Beaver Dam Roads. Despite a Board of Appeals ruling and the terms of the existing lease that provide limitations on the number of parking spaces and the type of paving (porous), the lot was greatly increased in size with a non-porous blacktop paving and permanent ‘umbrellas’ were added to a patio area.

The Grille is supposed to be operating within the variance to RC-4 zoning originally granted in 1995. But it is not doing so. In order to validate the current non-compliance and to allow even greater expansion, requests on behalf of the Grille to change the zoning to Business Local (BL) have been made through the Comprehensive Zoning Map Process (CZMP) on the current parcel, Issue 3-086, and on a parcel abutting Beaver Dam Rd. and Kurtz La. (currently occupied by a small wood framed red building), Issue 3-034. Such a change would probably allow large party tents and on-site outdoor catering as well as open the property to other future business uses. The FRCA as well as the Valleys Planning Council opposed the change at the CZMP Planning Board public meeting; but that Board has given a recommendation for such a change.

Now the matter goes for consideration to the County Council (open meeting June 24 at Loch Raven High), where Councilman Bryan MacIntire will be the principle decider. In the past Mr. MacIntire could usually be counted on as a champion of the higher public interest, and even though he has indicated he may approve this BL change we sincerely hope he will see fit not to reward the Grille with an additional perk in the form of BL zoning. A similar restaurant in Hunt Valley pays taxes on almost $2,500,000 of assessed value – half in the value of the land.

We urge each citizen to mail, phone and email their disapproval of bringing greater BL activities to Oregon Park and the lands west of I-83 to the councilman before a final decision is made this summer. The Cuba Road Community Association has also started a petition urging rejection of this zoning change.

Your voice matters – make it heard.

OREGON GRILLE WITHDRAWS THEIR CIRCUIT COURT APPEAL

With the November withdrawal of their appeal to Circuit Court the fight to prevent Grille expansion is over, at least for the time being. Coupled with the rejection by the County Council at the behest of Councilman Bryan McIntire the BL zoning requested by the Grille, the community has prevailed.

The highlights of the Appeals case, the decision that will now stand, are presented below:

On July 2 the County Board of Appeals decided favorably with almost all of FRCA and Valley Planning Council’s positions for denying zoning changes to the Grille that would have expanded parking, outdoor catering, large tenting and other changes of operation. Among the points noted by the Board of Appeals in their 28 pages ruling denying the Grille’s requests were:

1. The Grille did not have standing because the County has not agreed to a lease with the Grille on the area of added parking.

2. Agreement with the Protestants (FRCA, VPC, etc.) on the doctrine of res judicata in that the Board’s 1994 hearing expressly prohibited outdoor bars, live music, tents, catering and hosting weddings and limited outside use to 125 persons.

3. A noting that the Grille owner, Mr. Bauer, “now seeks ‘a second bite of the apple’ to do exactly what he agreed not to do then.”

4. That the Grille was seeking permission for a catering facility – a use not permitted in an RC-4 zone.

5. That “the Board agreed with the position of the Protestants that the current existing and proposed parking lots considerably exceed the permeability limit” for an RC-4 zone.

Your contribution to this specific case will reinforce the determination of this community that agreements are to be kept.