Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variance 50 East Montgomery topic
No spam. Unsubscribe anytime.
BMZA denies variance for enclosed patio at 50 East Montgomery after heated public comment
Summary
The Baltimore BMZA denied a rear-yard variance for a glassed-in patio at a South Baltimore home used in part as the South Baltimore Chabad after extended testimony from neighbors and supporters about community use, code compliance and neighborhood impact.
The Baltimore Board of Municipal Zoning Appeals on Aug. 4 denied a request for variances to legalize a glass-enclosed rear patio at 50 East Montgomery Street, rejecting the applicant’s claim that zoning rules imposed an unusual and unfair limitation on the property.
Drew Tilden, the applicant’s attorney, urged the board to consider the lot’s unusual shape and the presence of narrow alleys on both sides. He argued that the property’s status as a detached single-family lot — despite its row-house appearance — created a practical difficulty under the R‑8 regulations and justified relief. Tilden summarized the application as a smaller, retooled plan after a prior denial and said the applicant would work with CHAP and building permit reviewers. “This is a property that has...alleys on either side of it and has is shaped as if it is a row home lot,” Tilden said, arguing the reduced footprint and revised setback requests were materially different from the prior case.
Neighbors and neighborhood leaders urged denial and criticized the structure’s erection without permits. Tharon Russell, who said he is the grandfather of children living next door, told the board: “I respectfully ask that, all variances under under today's application be rejected.” Federal Hill Neighborhood Association testimony also questioned notice procedures and the lack of adequate opportunity for neighbors to review plans.
Supporters — including students and congregants — described the site as an essential center for a growing Jewish community in South Baltimore. Hilda Levin, who said she travels from Uptown to attend services, linked the opposition to broader community tensions: “what is going on in the world right now, antisemitism.” Supporters asked the board to weigh the congregation’s community role in its decision but acknowledged that use review may be separate from the zoning relief request.
Board members split over whether the filing amounted to a substantially different application from one previously denied and whether the revised dimensions and recent code changes were enough new evidence to rehear the case. Chair Leland Shelton said, “I have not heard enough evidence today that what's allowed to be built there by right, does not provide adequate, living space, or gathering space for the family, and family and friends of the residents,” and ultimately concluded the application did not meet the variance standards. The BMZA voted to deny the variance request.
The applicant was told they may revise plans or pursue permits consistent with the board’s direction; CHAP and building-permit review remain separate processes that would govern design details and safety compliance.
