Opponents of an 80-foot tall, approximately 100-unit apartment building planned for 4831 West Lane will get to argue their case in front of the County Council after the Council on Tuesday unanimously agreed to hear oral arguments about the issue.
Some residents in the townhomes and condos surrounding the site, sandwiched between Arlington Road and Woodmont Avenue, said the original massing of the building would block sunlight.
The developer has since modified the design by adding larger setbacks and reducing the building height in some sections. But opponents say the modified proposal is not compatible with the existing neighborhood and is not in accordance with the 1994 Bethesda CBD Sector Plan. They are also worried about traffic circulation issues on the narrow surrounding streets.
The Planning Board approved a development application for the project in December and added some binding elements. The developer came back to the Planning Board in March with setback and architectural changes. The Planning Board again gave its support.
Since the development requires a zoning change, the case went before the county’s Hearing Examiner in April.
On Tuesday, Councilmember Roger Berliner moved to allow oral arguments before the Council in part because of the more than 400 pages of testimony and hearing material involved in the case.
“As a lawyer, I would say to you oral argument actually helps us understand what the hot-button issues are and gives us an opportunity to explore them as opposed to feeling comfortable with a 400-page record,” Berliner said.
Pat Harris, an attorney representing the developer from Bethesda-based Lerch, Early & Brewer, has argued the seven-story multi-unit building, which would be built within easy walking distance of the Bethesda Metro station, is more compliant with the Sector Plan than any project on the street.
The area of single family homes has been transformed into townhomes and condos over the years.
The majority of Planning Board commissioners agreed that the developer’s modifications to the plan were adequate and the Board shouldn’t push for more changes for a building so close to the Metro station.
“It’s right next to the Metro station and they are not growing Metro stations on trees,” Commissioner Casey Anderson said in March. “That is absolutely fundamental, not just to the Master Plan but to everything we’re trying to do in the county.”
Photo via Montgomery County Planning Department
