Friday, June 9, 2023

Rockville tells historic district homeowner to hide basketball court, or lose it


UPDATED - June 10, 2023 11:49 AMThe article has been updated to note that the homeowner has filed two separate applications with the Historic District Commission, one for a Certificate of Approval for landscaping, and one for a Courtesy Review of proposed changes to make the court less visible.

The City of Rockville has called a foul on a modern, half-court basketball court installed at a home in the city's West End Park historic district. Such a facility cannot be added to a home in that area without approval by the city's Historic District Commission. The homeowner at 401 W. Montgomery Avenue did not pursue that approval. Rockville code inspectors "became aware" of the concrete basketball court surrounded with 10' netting, and a fence on the property's western side, on January 10, 2023, and determined the owner of the 1890 Second Empire/Georgian Revival-style home had permits for neither.


The homeowner then applied retroactively for a certificate of approval from the HDC on January 13, a request the commissioners ultimately denied on February 16. At that time, the homeowner was advised that they could appeal the decision in court, or submit a new application for a COA that would be compliant with historic preservation standards. Failure to obtain success via either option would result in the City requiring them to destroy the basketball court.


After the 30-day judicial appeal window expired, and the homeowner did not submit a new COA application, the City issued a Notice of Violation on April 12. A month later, the homeowner submitted an application for a COA to install landscaping in front of the basketball court, and a second application for a courtesy review of proposed changes to make the court less visible. 

HDC staff reviewed the application, but found the homeowner's proposed changes were inadequate. Staff then proposed changes that would bring the basketball court and application into compliance. These include planting evergreen "privacy" trees along the fence in front of the basketball court, relocating the hoop and rebound net to the opposite side of the court, lowering or removing the remaining netting around the court (requiring approval of a fence permit), and replacing the 6' property line fence with an 8' fence.


The primary focus of the City is to block the view of the court from both the street, and from the house next door. Staff review determined the court is currently in violation of at least four of the U.S. Secretary of the Interior's Standards for Rehabilitation of historic properties.  

HDC commissioners will review the latest COA application at their June 15 meeting. If they approve the COA, the homeowner will have 90 days to complete the approved changes. Should they not do so by October 9, the City "will issue citations and seek removal of the half-court basketball court through a Court order." 

Photos courtesy City of Rockville

29 comments:

  1. That next door neighbor sounds like a big complainer. I think that court is awesome. But up an every green privacy fence and be done with it. Got to change with the times!

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  2. This article is full of inaccurate information. I recommend checking your facts.

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    1. The information is directly from the City of Rockville. It is the same information that HDC commissioners are being presented with by City staff. Which specific facts are you disputing, and can you provide "alternative facts" to correct?

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    2. There was never a second application filed with the HDC. The applicant filed for a courtesy review and proposed the changes themselves. These proposed changes from the owner are what will be reviewed and discussed at the meeting before a second application is filed. May I ask, why is “became aware” in quotes in this article?

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    3. I see what you are saying. I have updated the article to clarify that. Thank you for bringing that to my attention. "Became aware" was quoting the staff report, which did not indicate how the City learned of the basketball court, so I put it in quotes. Did they receive complaints? Was an inspector driving around and noticed it? The report was vague in that regard, so I simply present their words for the record.

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    4. Got it. Thank you for clarifying.

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    5. The staff report for the Courtesy Review refers to the previous staff report for the retroactive review of the basketball court. That report gives a complete background around the circumstances of how the city “became aware” of the basketball court. The staff report also has links to the report, the meeting video, and the minutes. You wrote "Staff then proposed changes that would bring the basketball court and application into compliance." the report states that the owner proposed the changes. You really should do your research before writing such an inaccurate story.

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    6. 2:20 PM: My article is accurate. It clearly states that the owner proposed changes, but that staff deemed them inadequate, and then proposed alternative changes that would comply.

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  3. How sad that the ‘neighbors’ are so upset over a basketball court for children. Creating a safe and active place for kids to play should be commended and is so important. Perhaps, council doesn’t want families in the neighborhood? I would certainly consider not buying in this community if this owners can’t keep a beautiful court for their kids.

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  4. Too bad Rockville eliminated most basketball courts at WG Park and ALL the courts at the Senior Center. What's a kid to do?

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    1. The demand for tennis vs basketball courts is the cause of the change in allocation at WG park, and the senior center is for the express use of seniors and provides not outdoor court sports facilties. Kids have ample access to the WG park court and other amenities.

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  5. Living in a historic home should not mean one has to live in a museum. This basketball court is well designed and meaningful to the family who lives in the home in a modern era. Though there can be HDC oversight and recommendations of design to respect historical significance, the current living owners should be given the most priority and the home must adapt to current families' needs and lifestyles.

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  6. I don’t get it…. Why can’t they have a court there? It looks professionally done and a lot better than some driveway courts at other historic homes in the area. It’s not like they are going to be hosting night time AndOne events. Let them have a hoop! Why is everyone hating on basketball…. It’s a great sport and great for kids. This family even put up a net to keep the ball from going into the street or the neighbor’s yard…. Seems pretty well thought out. Put some evergreens up and let it go. Geez.

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    1. The requirements of a HD property are fully explained to the purchaser prior to buying, and as such these owners knew fullly what the requirements of owership were. Some people just think they can skirt the issue of maintening the standards of historic properties once purchased, just to fit their wants and desires. These standards are adopted at the national, state, and local level expressly for historic preservation of the character of a home, the period of its originality and the district in which they are built. If you can't abid by these standards, you should not own such a property. Just stop and think what Annapolis, Frederick, or other historic areas would look like if violations of the standard were ignored. A current case in point is https://www.nytimes.com/2023/06/01/style/when-the-neighbors-dont-share-your-vision-and-that-vision-involves-transformers-statues.html

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    2. Transformer statues 😂 hardly the same as a basketball court. In fact basketball has some historical significance in Rockville dating back to the 1900’s. Not sure if it’s the same for transformers…. https://reedbrothersdodgehistory.com/2018/10/05/rockville-academy-basketball-team-1915-1916/

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    3. This was not a comparison of the two cases regarding their similarities, but the fact that they represent disregard for the standards of preservation. You don't get to choose your preference, when you've read the rules and regulations. That will be an expensive loss for being so arrogant.

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    4. Pardon… seemed like a comparison to me. I apologize for the misunderstanding. And yes arrogance is a very unbecoming quality to have.

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  7. I live in the West End. The best way to keep this neighborhood thriving is to attract families with children. The family is ensuring the home retains its historic character while making the property enjoyable for their family. I hope the commission allows the family to keep the court.

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  8. Get real. Next, Let’s install a Handball, then a racquetball court. If these people want to play basketball, BUY A HOUSE WITH A BACKYARD. DUH!!!!

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    1. You get real! What a privileged comment. “Buy a house with a backyard”? really? Wow

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  9. The neighbors may prefer the low visual impact basketball court built in the current era. If the neighbors want actual historical authenticity then the homeowners should be allowed to keep a horse and goats on the property. The yard would be more historically accurate.

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  10. I see most comments are in favor of the court. How about this. Before you buy in a historical district, understand the rules. If a basketball court is ok, how about a volleyball court? Or a baseball diamond? What if the next door neighbors wanted chickens, pigs, or cows? There are plenty of places where zoning laws are much more relaxed but most of the people who live in this neighborhood don’t want change. It could lower their home’s value, costing them money.

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    1. I agree that it's a careful and important balance. There are key reasons for historic districts and the features that they're designated to provide. The balance is to include preserving the original character of buildings and streets (this may or may not include livestock and somewhere the zoning laws were changed from the original character to modernize), protecting original structures and safeguard against the destruction and degradation of built heritage, enhance property values and protect homeowner investment and be a living, active communities for their residents. It's a balance to bridge current residents' lives (and encouraging new residents) with the preservation of the heritage of past residents.

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    2. I agree. It’s a fine line. The owners have clearly put a lot into restoring the home and preserving its historical significance. If the court can be hidden from the street view it seems like it would be a good balance between retaining history and allowing for changes that will keep younger families with children motivated to invest in these old homes. Something that I fear the next generations won’t care much about. While some may be against change, that attitude may be the reason the homes end up deteriorating and ultimately being condemned. I love seeing homeowners putting the effort into restoring these properties that may otherwise go unattended. If we want to preserve the history let’s support those willing to invest in it.

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  11. Home values??? Look at the extensive renovations that have been done over the last few years. This home increases the value of the neighborhood. Bravo 401 home owners, the house looks amazing.

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  12. Speaking as the homeowner of this property, I appreciate the feedback from the community and neighborhood. While some may like believe that this was a blatant disregard for authority, it was simply a misunderstanding and misinterpretation of the standards… combined with being naive in trusting that the builder knew the proper permitting regulations. We wanted to make our outdoor space a place that our family and kids could use and enjoy for years to come. We inherited the home and were not fully aware of what the proper process was for obtaining historic approval. Not an excuse, as that was our responsibility as the new homeowners. But now that we are in this situation I will say that if we HAD known we would NOT have have gone about it this way… and we are doing everything within our means to bring our property back into compliance. We fully respect and appreciate the historical significance of our property and it is not a responsibility we take lightly. We have spent the last 3 years fully gutting and restoring our home and have painstakingly searched for original replicas of hardware, had trim hand carved to match the original, relayed brick walkways using the original brick, and the list goes on. Restoring a historic home is not for the weak of heart. It has been a learning process along the way and we are still learning. It’s very easy to comment and judge anonymously. We respect the authority of the HDC and believe their input is vital to the preservation of our historic neighborhood. We also appreciate those who are being supportive and empathetic neighbors. I’m a world where you can be anything… be kind 🙂

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    1. As a neighbor in your community, we appreciate all the work that has gone into your home and appreciate that you wrote this and were transparent.
      Some people have nothing better to do than complain.

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  13. Not gonna lie, living in the Rockville historic district sounds awful. The true testament of a neighborhood worth investing in isn’t just the laws put in place to keep the neighborhood looking a certain way. It’s also the neighbors themselves,and the community they build. Who will want to buy a home in a neighborhood where your neighbor will take pictures of your home through their bedroom window and sell them to a news outlet. Of a children’s basketball court no less. Creepy much? No thanks West End Historic District!

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