FAES application dismissed
Allen M April 23rd, 2010
On April 6, by a vote of 5-4, the County Council sitting as the District Council permitted the Foundation for Advanced Education in the Sciences (FAES) to dismiss its application without prejudice. MCA and the Hearing Examiner for the County Council had recommended to the Council that the application be dismissed with prejudice.
The effect of a dismissal with prejudice would have precluded FAES or another owner of the property in question from submitting another application for the zoning requested, RT-8 within 3 years or for any other type of zoning within a period of 18 months. As it now stands, a new application could be submitted at any time by FAES.
MCA has collected funds for legal representation to defend against the previous application. In light of the current situation for possible development of the property, the membership at its May meeting will decide whether to return these funds or retain them for a future fight.
Back in October 2009, the Hearing Examiner held a public hearing on the application submitted by FAES to rezone property it owns bounded by West Cedar Lane, Cypress Avenue, and Acacia Avenue. The Examiner issued his opinion in February and found that the proposed rezoning would not conform to the Bethesda-Chevy Chase Master Plan, was too dense, and would not be compatible with the rest of the neighborhood.
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