BMZA approves Chipotle and Dunkin' drive‑throughs, parking and other appeals; denies 8‑foot fence

The Board of Municipal and Zoning Appeals voted April 15 to approve a package of zoning appeals including conditional‑use approval for a Chipotle drive‑through at Reisterstown Road Plaza and a Dunkin' carryout with accessory drive‑through on Sinclair Lane, granted a conditional use to convert a site on Washington Boulevard to an office accessory to warehouse use, and approved a 24‑space parking lot to support the Old Town Mall redevelopment.

The approvals were part of a full docket the board handled after Executive Director Becky Witt opened the meeting: "All right everyone. Thank you, good afternoon and welcome to the April 15 docket for the Board of Municipal and Zoning Appeals. My name is Becky Witt. I'm the Executive Director of the BMZA." The board also denied a request to keep an existing 8‑foot rear fence at Newington Avenue, finding the legal standard for a variance not met.

Why it matters: The decisions greenlight new neighborhood commercial activity and infrastructure projects that back planned redevelopment work in parts of Baltimore City, while the denial of the fence variance underscores the board's requirement that applicants show a legally recognized uniqueness before exceeding uniform residential zoning limits.

Votes at a glance - Extension requests (appeal 20223696427 Hartford Road): Denied as untimely. Outcome: denied (board consensus). Note: staff described the filing as two years late and inconsistent with extension precedent. - Extension (appeal 20203601): Approved (first extension) to allow the applicant more time to obtain revised retaining‑wall drawings and begin construction; tally reported as 4 yes, 0 no, 1 abstention. - Case 2024‑305 (506 N. Arlington Ave): Confirmation of nonconforming density (three dwelling units) — approved (unanimous). - Case 20257300 (Washington Blvd): Office use as accessory to warehouse (conditional use) — approved (unanimous); planning recommended approval contingent on the office remaining secondary to the industrial/warehouse use. - Case APL25‑0056512 (Reisterstown Road Plaza): Chipotle drive‑through (pickup‑only lane with three stacking spaces) — approved (unanimous). Planning and applicant briefs said the lane is limited to mobile pickup orders and the plaza already supports other drive‑throughs. - Case APL25‑011409 (Esquith Street / Old Town Mall parking): Conditional use for a 24‑space surface lot to support the Blake at Somerset redevelopment — approved (unanimous), subject to site plan review committee (SPRC) requirements. - Case APL205‑3320 (Sinclair Lane, Dunkin'): Carryout food shop with accessory drive‑through and parking/stacking variances — conditional use and variances approved (unanimous). The board found the site’s location on high‑volume thoroughfares supported additional stacking and parking. - Case 2025‑012721 (Newington Avenue): Rear yard fence, 8 feet requested (6 allowed) — denied. The board determined the applicant did not demonstrate the level of property uniqueness required to grant a height variance.

Details and rationale - Drive‑throughs: Staff and the board repeatedly noted that the Reisterstown Plaza drive‑through is designed as pickup‑only and that the applicant received SPRC review; community support letters from local organizations were entered into the record. The applicant for the Sinclair Lane Dunkin' emphasized a through‑truck‑route location and SPRC approval as support for stacking space and parking variances.

- Parking to support redevelopment: The Esquith Street lot was approved to serve a new grocery and a 90‑unit apartment building called the Blake at Somerset; planning noted the Old Town Mall urban renewal plan has been largely stricken and that additional parking will aid neighborhood access and safety.

- Fence variance denial: Board members agreed the applicant had documented crime concerns and property improvements, but said similar crime patterns exist across the neighborhood and the record failed to show the legal uniqueness required for a variance. As a result the board voted to deny the requested 2‑foot height exception.

What’s next: Approved conditional uses and variances move to the written resolution stage; the BMZA noted it will issue signed resolutions by email after drafting. Several approvals carry SPRC or other administrative follow‑ups before final permits are issued.

Ending: The board completed the session after hearing the full docket and instructed staff to circulate written resolutions for the approved matters.