The Gaithersburg Planning Commission on June 4 voted unanimously to recommend that the Board of Appeals approve BOA 9967-2024, a special-exception application to operate a housing-for-the-elderly facility for up to eight residents at 108 Meem Avenue in the R-90 medium-density residential zone.

The action forwards the applicant’s request to the Board of Appeals and attaches four conditions, including a requirement to comply with site improvements previously approved by the Historic District Commission (HIST-9966-2024) before issuance of a use-and-occupancy permit. City staff noted that a separate parking-waiver request will return to the Planning Commission for public hearing if the Board of Appeals approves the use.

City planning staff member Caroline read the application into the record, citing that "pursuant to section 24-3.1 of the city zoning ordinance, housing for the elderly is a special exception used in the R-90 zone" and that the petition was referred to the Planning Commission under section 24-12.7(f)(1). The applicant, identified as Ali, and his cousin, civil engineer Khushid Bilgrami, presented plans showing a renovation and two-story addition that would result in up to eight residents occupying multiple two-bed bedrooms, a common activity room and accessible features.

Applicant and design details: Ali told the commission the facility would be staffed by two full-time employees; the site plan shows three on-site parking spaces, including one handicap space, and the applicant requested an exception for one additional space and for a commercial-driveway width waiver. Bilgrami said the interior and exterior would include accessibility upgrades and a chairlift so residents could access the second floor, and that most residents at his Germantown facility do not drive.

Neighbors and operations: Neighbor Hector Hernandez spoke at the meeting, expressing concerns about resident behavior, perimeter security and on-street parking on the narrow block where a school bus stop and trash collections occur. In response, Ali said the facility would be secured with a keypad lock, supervised at all times and that admissions policies could bar prospective residents who require a vehicle. He also said the owner would consider re-erecting a fallen fence on the west side of the property if needed.

Staff recommendation and conditions: Caroline and planning staff recommended forwarding BOA 9967-2024 to the Board of Appeals with findings under section 24-12.7(c) and three standard conditions; staff also proposed a fourth condition requiring compliance with the Historic District Commission site improvements (HIST-9966-2024) before a use-and-occupancy permit is issued. Caroline explained the parking-waiver request is processed by the Planning Commission and therefore cannot be granted by the Board of Appeals; if the Board approves the special exception next week, the waiver will be scheduled for a public hearing before the Planning Commission.

Outcome and next steps: A motion to recommend approval was made, seconded and passed unanimously. The recommendation will be considered by the Board of Appeals; if the Board approves the special exception, the applicant must return to the Planning Commission for the parking-waiver public hearing and must demonstrate compliance with Historic District conditions before receiving a use-and-occupancy permit.

The commission’s action is a recommendation only; final authority on the use rests with the Board of Appeals and any permit or licensing oversight for operation will follow separate review processes.