Council hears from neighbors on both sides of Peralynna zoning issue

The Columbia Inn at Peralynna is a clean, respectable business that has often donated its facility for use by nonprofit and community organizations, Columbia resident Heather D'Amore told the County Council this week.

"It's not just a hotel, but a very nice, family-oriented place to stay," said D'Amore, who lives a mile from Peralynna on Hesperus Drive. "That's important and lots of good communities have that to offer."

Susan Robertson, who lives directly to the west of Peralynna, doesn't quite see the business that way. She told the council that Peralynna's guests have trespassed on neighboring properties and its groundskeepers generate loud noise all day long.

"I don't need this," she said. "I want peace and quiet in my neighborhood."

The two spoke at a public hearing before the County Council, which is considering legislation, at the request of Peralynna owners David and Cynthia Lynn, to amend the county's zoning regulations to create a conditional use (special zoning exception) for boutique hotels. The legislation is aimed at bringing Peralynna into compliance with current zoning law.

Peralynna has been operating as a nonconforming use since late 2001, when a change to the county's zoning regulations eliminated the Lynn's boarding house special exception.

"Over time, there were issues raised as to how it was operating," the Lynns' attorney Richard Talkin told the council. "Peralynna has been working with the county to resolve these issues for a long period of time."

The solution on the table is to create a new special exception category for boutique hotels, which is what the Lynns consider their business to be, according to their website.

The legislation specifies that a conditional use for a boutique hotel may be granted in an R-12 (residential) zoning district if the property is between one and two acres, the hotel has between 15 and 20 rooms and the property owners do not operate a public restaurant or hold outdoor social assemblies, such as weddings.

Talkin said the Lynns have been operating under the rules laid out in the bill "for the past year with no substantial problems to their operation."

But Carole Klawansky, whose home sits directly to the east of Peralynna, testified about "the trauma" that she's endured because of the Lynns. However, she said she supports the legislation.

"I want you to know that I don't support the current owners, nor do I wish to have a boutique hotel neighboring my home," Klawansky said. "What I do want is this 13-year history of noncompliance to be resolved. I want enforceable regulations on the books so that when the owners overstep what is allowed the county can take action."

The only other person to testify was Ellicott City resident Mark McPherson, who said he opposes Peralynna being allowed to operate as a boutique hotel.

"Peralynna has not been a good neighbor," he said. "It has built a huge boarding house packed up against the limits of their property lying to the east and still needs to expand functions in order to make money and remain afloat as a business. They should be made to move their business to a business district."

After listening to some of the testimony, council member Courtney Watson, an Ellicott City Democrat, noted: "One of the interesting things about this case is it was recommended for approval by the Department of Planning and Zoning and denied for approval by the Planning Board."

The Lynns did not testify. Approached by a reporter after the hearing, Cynthia Lynn said: "We love our community; we support our community very much." She declined to comment further.

The Planning Board reviewed the proposal in 2010 and unanimously recommended that it be denied. In its written decision, the board concluded that "the need for a new category of hotel establishments was unproven;" a boutique hotel "is too intense a use for placement in a residential zone;" and the proposal appears to be "an attempt to resolve individual zoning violations through regulatory changes ... the board considers it inappropriate to use county land use policy in such a manner."

The council is scheduled to vote on the bill March 5. If the bill is passed, the Lynns would still have to go before the county hearing examiner to get the conditional use approval to operate as a boutique hotel.

Zoning history

The Lynns built their home in August 1996. Less than a year later, they decided to turn Peralynna Manor into an inn, targeting long-term guests. At the time, they were allowed to have an accessory apartment and rooms to house up to four non-transient guests, according to county Planning and Zoning records.