4906 River Road

Background

The home at 4906 River Road was purchased in XXX of last year. Shortly after purchasing the home, the lot was cleared of all trees and grass and,  except for an extremely narrow strip at the rear of the lot, was paved. The owner also added a first floor addition, outdoor lighting, and a floodlight which illuminates the front of the house.

The owner intends to occupy the house while running a "home occupation"-- specifically, a hair salon. She operates- or has operated- a number of salons in a variety of commercial locations in Bethesda and the District. Montgomery County law includes hair salons as an approved "home occupation" (See abstract below). 

Currently there are three levels or "classes" of home occupation. In this case the level of use puts the home occupation in the second class, which requires she apply for a permit. She has not asked for any special exceptions to the requirements of the permit. Currently, the permit is in process. 

To date, the owner has been very careful to comply with the letter of the law as it exists. Unfortunately the law, as it exists, is so poorly written that it defies strict interpretation. For example, a home occupation is permitted as long as the occupation "doesn't diminish the residential character of the home". But no one seems to agree on what constitutes a diminishing of residential character (such as paving, or floodlighting, or the installation of salon chairs and sinks) . In addition, the law states that the owner of the business must reside in the home 260 days of the year. But there seems to be no clear definition of what it means to "reside" in a home. 

Repeated attempts to contact the owner personally and by mail to discuss the situation have been fruitless. A letter writing campaign to Montgomery County Council Member Howard Denis was very successful; his office has been inundated with emails, calls, and faxes regarding 4906 River Road, and he has contacted the permitting authorities to make clear that this application will be closely scrutinized. 

The Association met in February to discuss the situation and to come to agreement both on the neighborhood's position. Members agreed that the construction at the property and its use as a hair salon violate and diminish the residential character of Green Acres and, if allowed to stand, would establish an unacceptable precedent which would only encourage future commercialization of the neighborhood. 

Those attending the meeting  voted unanimously to oppose the home occupation, and to pursue all possible avenues available. (It should be noted here that on three occasions during the meeting Association President David Scribner asked if the property owner or a representative was present. Though no one came forward it was later discovered that, in fact, the husband of the owner was present for the entire meeting. When confronted about this after the meeting he insisted that, "strictly speaking", he was neither the owner or a representative of the owner.)

Recent Developments: Legal Fund

2/24/2001

GAGC Association President David Scribner met with members of the six area neighborhood representatives of the Citizen's Coordinating Committee for Friendship Heights (CCCFH), (Somerset, Drummond, West Chevy Chase, Kenwood, Brookdale and Green Acres-Glen Cove), to brief them on the 4906 River Road situation, and to discuss further action. (The neighborhood of West Chevy Chase is faced with a very similar situation at XX Wisconsin Avenue.) Present at the meeting was Norman Knopf, a well-know attorney in the Friendship Heights community for his ongoing involvement on behalf of CCCFH member associations on many legal issues and negotiations affecting our area.

After much discussion it was decided that the River Road situation (and the similar situation on Wisconsin Ave) is a serious one that threatens the quality and character of our community and- importantly- will likely resurface in the future (at some other location). It was decided that in order to confront this (and any future) problem aggressively, a legal fund should be established. (This fund might also be used to seek a legislative fix for what appears to be lax and poorly written legislation that has led to this situation.)

Each of the six CCCFH member Associations will contribute $2000 to the fund, which will be managed by CCCFC. Green Acres Glen Cove Association is currently engaged in a fund drive effort. Each household has been asked to donate $10 to the fund. Write checks payable to:

Green Acres-Glen Cove Citizens' Association and write "Legal Fund" on the comment line. 

Send or hand-deliver checks to: 

Bob Scribner 

Treasurer of Green Acres - Glen Cove Citizens' Association 

4914 Redford Road Bethesda, MD 20816

3/1/2001

GAGC President David Scribner and Vice President Julie Kilbourne met with representatives from Montgomery County's Office of Permitting for 2 hours. A summary of the meeting will be posted very soon.

3/17/2001

A ReMax real estate sign has been posted at 4906 River Road! According to the multiple listing service, the owner is asking a staggering $450,000 for the property! The listing information offers few details. However, the listing does state "...IDEAL SPACE FOR OFFICE W/LOTS OF PARKING..." . Let's hope that the next owner ignores this suggestion.

Moving trucks were spotted at the home on Thursday 3/16. At first it seemed that items (salon chairs, etc) were being loaded from the truck into the house. Give the appearance of the realtor sign, it seems more likely that these items were being moved out of the home!

It's too early to tell what motivated this move on the seller's part. However, on the face it would seem that GAGCCA/neighbors efforts have paid off. Now, all we need is to find a nice family to step in and make an offer...Any ideas?

PS Hats off to all the neighbors who took the time to get involved in this issue. Special thanks to Dave Scribner for his tireless work. Let's hope this recent development is a harbinger of good things to come. And let's keep the pressure on! Please send your $10 for the legal fund to stop this kind of thing both now, and in the future.