Public Meetings - Frederick, Maryland

The Frederick Zoning Board of Appeals met virtually on September 22, 2020, to consider continuances, one conditional use application, and board business. The meeting was held remotely due to the COVID-19 pandemic and broadcast on Channel 99. Approval of Minutes - The board unanimously approved the minutes from the August 25, 2020 meeting. Continuances - ZBA20-633CU (107 S. East Street) – Requested a continuance to December 22, 2020 (originally requested October 27, but amended). The applicant, represented by Paul Rose, needed additional time to work with city staff on parking deck space availability. Approved unanimously (4-0). - ZBA20-611CU (1800 Weybridge Road) – Requested a 30-day continuance to October 27, 2020, to complete public notice requirements. Approved unanimously (4-0). New Business: ZBA20-668CU – 5819 Butterfly Lane (Adult Living Facility) - Proposal: Applicant Ruby JD Barra requested conditional use approval to operate a five-bed nursing home/domiciliary care/adult living facility in an existing single-family home on a 19,166 sq ft lot in the R6 zoning district. The facility would serve residents aged 65+ with 24-hour care, staffed by two caregivers during the day and one overnight. - Staff Report: Presented by Gabrielle Collard, recommending approval with three conditions: (1) all visitor/service vehicles must park on site; (2) proof of state licenses must be provided before zoning certificate issuance; (3) approval expires after two years per LMC §312G. - Applicant Testimony: Ms. Barra, an ICU nurse of 15 years, emphasized the need for transitional care for elderly patients discharged from hospitals. She accepted all recommended conditions. - Board Questions: - Larry Arno inquired about parking (driveway can accommodate 2–3 cars) and bathroom adequacy (one full bath plus half bath; applicant plans to renovate and provide a portable toilet if needed). - Sean Butcher questioned whether the applicant would reside on-site (she will not; caregivers will work 12-hour shifts) and delivery vehicle concerns (applicant will route large deliveries to her primary residence). - Public Comment: None. - Motion: Steve West moved for approval, citing consistency with the comprehensive plan, no greater adverse impact than a residential use, no exterior changes, and compliance with lot area requirements (19,166 sq ft vs. 2,500 sq ft minimum for 5 beds). Seconded by Bob Sisson. Unanimously approved (4-0) with the three conditions. Board Business - The board thanked outgoing member Sean Butcher, who served on the ZBA for several years. Chair Jim Racheff and other members expressed appreciation for his contributions. Butcher will now serve on the Frederick County Board of Appeals. Adjournment The meeting adjourned after the farewell. The next regular meeting is scheduled for October 27, 2020.

This meeting of the City of Frederick Zoning Board of Appeals was held virtually due to the ongoing health emergency. The board reviewed and approved minutes from the July 28, 2020 meeting, granted two continuances, and heard a case for a conditional use to replace an existing 97-foot telecommunications tower with a new 138-foot tower at 1288 River Bend Way. No public comments were received. The board approved the application with conditions. Consent Calendar - Approval of Minutes (July 28, 2020): Motion by Mr. Arno, seconded by Mr. West. Approved unanimously with four votes in favor (Mr. Arno, Mr. Butcher, Mr. West, Dr. Ying). - Continuance – ZBA 20-633: Staff requested a 30-day continuance to complete analysis. Motion by Mr. Butcher, seconded by Mr. Arno. Approved unanimously (four votes). Continued to September 22, 2020. - Continuance – ZBA 20-611 CU: Staff requested continuance to complete public notice requirements. Motion by Mr. West, seconded by Dr. Ying. Approved unanimously (four votes). Continued to September 22, 2020. Public Comments & Testimony - No members of the public called in to provide comment on the agenda item. The applicant noted that outreach efforts (two letters, a community meeting, and newspaper ads) generated one phone call (asking about technology, no opinion) and two emails of support from residents needing better coverage. Discussion Items - Case ZBA 20-63U – Conditional Use at 1288 River Bend Way (Telecommunications Facility) - Staff Presentation (Gabrielle Collard, Planning Department): The applicant proposes to replace an existing 97-foot Potomac Edison high-voltage transmission tower (currently hosting AT&T antennas) with a new 138-foot tower that can support three wireless carriers. The tower will be built in two phases: Phase 1 at 128 feet, Phase 2 adding 10 feet (within three years). The site is zoned General Commercial (GC), where telecommunications facilities are a conditional use. Staff found compliance with all 13 criteria of Section 866 of the Land Management Code, including: co-location on an existing structure, structural and radio frequency engineering certifications, modified landscaping (board-on-board fence with low-level shrubs due to utility wire zone constraints), and approvals from the FAA and Maryland Aviation Administration (MAA). Staff recommended approval with two conditions: (1) a board-on-board fence and low-level shrubbery around ground equipment, and (2) future carriers must provide a radio frequency engineer statement with building permits. (A third condition regarding MAA approval was struck because it was satisfied before the meeting.) - Applicant Presentation (Sean Hughes, Diamond Communications): Hughes explained that the new tower will fill a Verizon coverage and capacity gap and improve AT&T coverage. The project is a partnership between Diamond Communications and Potomac Edison/FirstEnergy, repurposing an existing utility structure. He noted that 80% of 911 calls are now wireless, 50% of homes lack landlines, and data usage rose 82% from 2018 to 2019, justifying the need for enhanced infrastructure. He confirmed acceptance of the staff report and conditions. Board members asked about the 42% height increase and visual impact on nearby residential neighborhoods (Monocacy Village, Dearbott, Mormon's Mill) and the Monocacy River (a designated scenic river). Hughes responded that photo simulations show the new tower blends with existing power lines and the increase is necessary for coverage, and that outreach yielded only supportive feedback. Dr. Ying asked whether the applied-for conditions bind future carriers; staff clarified that conditional use approvals run with the property. Key Outcomes - Approval of Minutes: Motion carried (4-0). - Continuances: Both motions carried (4-0 each). - Conditional Use Approval (ZBA 20-63U): Motion by the Chair (seconded by Mr. Arno) to approve the application based on detailed findings of fact, including consistency with the Comprehensive Plan, compliance with Section 866, and no greater adverse impact than permitted uses. Two conditions were attached: (1) board-on-board fence and low-level shrubbery on the final site plan; (2) future antenna installations require an RF engineer statement. The motion passed unanimously (4-0). The chair noted that the project aligns with city goals of using existing infrastructure for telecommunications expansion.

The Zoning Board of Appeals of Frederick, Maryland, met virtually on July 28, 2020, to consider a conditional use application for a brewery at 1781 North Market Street, along with routine approvals of minutes and procedural rules. Consent Calendar - Approved minutes of the May 26, 2020 meeting (motion by Steve West, seconded by Bob Sisson, vote 4-0). - Approved amendments to the ZBA Rules of Procedure to formalize virtual meeting procedures during the emergency (motion by Larry Arno, seconded by Steve West, vote 4-0). Discussion Items - Case ZBA20-550CU – Conditional Use for Brewery at 1781 North Market Street The applicant, Minoxy Brewing Company (represented by Kristen Bogan and Phil Bowers), sought conditional use approval to officially establish their existing brewery and tasting room as a "brewery" under the city's land management code, in order to allow entertainment activities. The site has been operating since 2011 under earlier zoning certificates. Staff (Gabrielle Collard) presented findings that the use complies with Section 857 of the LMC, including that the tasting/retail area is 31% of the total square footage (under the 40% limit), that the nearest residential lot is over 1,000 feet away, and that outdoor entertainment will occur in a fenced area. The applicant noted that indoor entertainment is not currently feasible due to lack of sprinklers. Staff recommended approval with one condition: prior to hosting indoor entertainment, the applicant must obtain approval from the building department. There were no public comments. Board members asked one question about restroom facilities for outdoor events, which the applicant addressed by stating that existing restrooms are inside and portable units would be used if needed. Key Outcomes - Motion to approve conditional use: Made by Sean Butcher, seconded by Larry Arno and Dr. Ying. The motion included findings of fact as recommended by staff and the condition regarding building department approval for indoor entertainment. The board voted 4-0 in favor (Larry Arno, Sean Butcher, Steve West, and Dr. Ying all voted "for"), granting the conditional use. - The board also approved the minutes and the rules of procedure amendments as noted above.

The Zoning Board of Appeals of Frederick, Maryland, held a virtual meeting on May 26, 2020, at 7:00 PM due to the ongoing public health emergency. The meeting was conducted remotely and broadcast live on Channel 99 and the city's website. The board addressed one new business item—a conditional use application for a small child care center—and discussed proposed amendments to its rules of procedure for emergency events. Consent Calendar - Approval of April 28, 2020, Meeting Minutes: The board unanimously approved the minutes from the April 28, 2020, meeting. The vote was 4 in favor (Larry Aronow, Sean Butcher, Steve West, Dr. Ying) with no objections. Discussion Items ZBA20-348CU – Conditional Use, 1805 Whispering Meadow Court - Applicant: Valerie Lavala, owner of the property at 1805 Whispering Meadow Court, requested conditional use approval under Sections 308 and 811 of the Land Management Code (LMC) to expand her existing family child care center from 8 children (which is exempt from zoning approval) to a small child care center caring for between 8 and 12 children. She stated she has operated the center since 2002 without any noise or traffic complaints, and that the expansion would allow her to retain existing clients who have siblings and to afford hiring an assistant. She emphasized that the additional children would be primarily siblings of current clients and that many school-age children are only present before and after school. - Staff Report: Sherry Kelly (City Planner II) presented the staff report. The property is zoned R-4 (low density residential) and is part of the Walnut Ridge planned neighborhood development. Staff noted that the lot is 10,740 square feet, and under LMC Section 811(D)(4), a minimum of 1,000 square feet per child is required, limiting the facility to a maximum of 10 children (not 12 as requested). Staff recommended approval with conditions: no more than 10 children, the applicant must provide an updated state child care license, and must obtain a zoning certificate within two years. Staff found the use consistent with the comprehensive plan's support for small businesses and determined that the expansion would not create greater adverse impacts than permitted uses. - Board Questions and Discussion: - Mr. West asked whether the 10-child limit was the total number of children that could be on site at once or the total enrolled. Staff and applicant clarified that the limit refers to the maximum number of children present at any time, based on lot square footage. Mr. West noted that the square footage requirement is intended to limit occupancy, not enrollment. - Dr. Ying inquired about indoor space, noise control, and winter conditions. Staff responded that the city noise ordinance applies, and state licensing and building codes address indoor safety—matters not under ZBA review. - Mr. Arno and Mr. Butcher asked about the impact of the lot size, staffing requirements, and the feasibility of the expansion. The applicant noted that state regulations require a staff member for more than 8 children, and that adding two children (from 8 to 10) would allow her to break even, while an 11th child would provide a small profit. - The board deliberated on the number of children. Mr. Arno and Mr. West favored allowing up to 11 children, given the small square footage deficit (10,740 vs. 11,000 for 11 children) and the applicant's long history of service. Mr. Butcher initially proposed 10 but later moved for 11. Board Business – ZBA Rules of Procedure Amendments - Gabrielle Collard (Deputy Director for Planning) presented proposed amendments to the ZBA Rules of Procedure (Section 4.10) to establish procedures for conducting meetings during emergency events, such as the current pandemic. The amendments would allow virtual meetings and coordination via email and phone. The board did not vote on the amendments; they were introduced for public notice and will be voted on at the next meeting. Key Outcomes - Decision on ZBA20-348CU: The board approved the conditional use request for a small child care center at 1805 Whispering Meadow Court, with the following conditions: 1. No more than 11 children may be cared for due to the property size (per LMC Section 811(D)(4)). 2. The applicant must provide a child care licensing certificate and inspection report from the Maryland Child Care Administration. 3. The applicant must apply for and receive a zoning certificate within two years of the decision (per LMC Section 312(G)), which shall state the limit of 11 children. The motion was made by Mr. Butcher and seconded by Mr. West. The board voted 4-0 in favor (Larry Aronow, Sean Butcher, Steve West, Dr. Ying). - Rules of Procedure: The draft amendments were presented and will be considered for a vote at the next ZBA meeting. No action was taken.

The City of Frederick Zoning Board of Appeals (ZBA) held a virtual public hearing on April 28, 2020, due to the ongoing health emergency. The meeting was conducted remotely and broadcast on Channel 99. The board considered two conditional use applications: a home occupation for a gunsmith/online firearms dealer and a bed and breakfast. Both applications were approved with conditions. Call to Order and Announcements - Chair Jim Racheff outlined virtual meeting procedures, including public comment by phone (301-600-1213), swearing-in of witnesses, and board roll-call procedures. Approval of Minutes - The board unanimously approved the minutes of the January 28, 2020, meeting (3 votes in favor; two members not present). Consent Calendar - There were no consent items on the agenda. Public Comments & Testimony - ZBA20-182CU (Gunsmith/Online Firearms Dealer): No public comments were received. - ZBA20-286CU (Earthbound Bed & Breakfast): Phil LeBlanc of 4 Clark Place spoke in support of the application. He welcomed the applicant to the legal bed-and-breakfast community, noted he had submitted over 150 code complaints about illegal short-term rentals, and asked for consistency in regulations regarding parking and guest limits. He commented that parking modifications may require Aldermanic action rather than ZBA action. Discussion Items ZBA20-182CU – Conditional Use for Home Occupation at 1207 Oakwood Drive - Staff Presentation: Gabrielle Collard, Division Manager of Current Planning, presented the staff report. The property is zoned R6 (low-density residential) and has a single-family dwelling. The applicant requested a home occupation for a gunsmith and online firearms dealer. Staff recommended denial because the proposed customer visits to the property would generate greater vehicular/pedestrian impacts than permitted residential use, violating LMC Section 829.B5 which prohibits vehicular traffic except for one permitted employee and one daily delivery. - Applicant Presentation: Attorney Noel Manalo (Miles & Stockbridge) and applicant Bill Sauzer (owner of Jeff Pike Trading Post LLC) presented the case. Mr. Sauzer, a 78-year-old retired attorney and Army veteran, stated the business would be primarily gunsmithing (70% of customers) with incidental firearm sales to referrals only. He testified that customer visits would be minimal (about 15 trips per year) and indistinguishable from residential visits. He noted federal regulations require in-person transfers, but he does not advertise and only serves friends/referrals. The applicant argued that a strict interpretation of Section 829.B5 would render most home occupations impossible. - Board Questions: Members asked about the gunsmithing/sales split, frequency of visits, referral sources, training on-site, and sale of certain firearms. Mr. Sauzer confirmed no training occurs at the residence and that he only sells firearms legal in Maryland. - Public Comment: None. - Closing Remarks: Applicant reiterated the small scale of the operation and offered to accept conditions limiting customer visits. - Board Discussion and Motion: Chair Racheff made a motion to approve with findings that the use is in harmony with the Comprehensive Plan, will not create greater adverse impacts, and complies with Section 829. Conditions included: no outside employees (trading the permitted employee allowance), and a limit of one customer visit and one delivery per day. The motion was seconded by Steve West and passed unanimously (4-0). ZBA20-286CU – Conditional Use for Bed & Breakfast at 28 E. 3rd Street - Staff Presentation: Gabrielle Collard presented. The property is zoned DR (downtown residential) within the Historic Preservation Overlay. The applicant has operated a bed and breakfast since March 2017 but filed after receiving a notice of violation. Staff recommended approval, finding the use complies with Section 809 standards, including no greater adverse impacts than permitted uses, owner-occupancy, no exterior evidence, and no off-street parking required (modification justified due to historic preservation and physical constraints). - Applicant Presentation: Ellen Doris Pfeiffer testified. She has 12 years of experience running bed and breakfasts (including in Charleston, SC). She operates only two guest rooms, mostly weekend stays, with a maximum occupancy of four (or five per building code). She uses Airbnb to collect payments, and Airbnb remits the hotel/hospitality tax to the city. She guides guests to public parking garages or street parking. - Board Questions: Members asked about occupancy limits, hotel tax collection, and parking. Ms. Pfeiffer explained Airbnb handles tax remittance and that she directs guests to the Church Street garage. - Public Comment: Phil LeBlanc spoke in support, as summarized above. - Closing Remarks: Applicant thanked the board. - Board Discussion and Motion: Steve West moved to approve with the findings recited from Section 809 and a condition that a zoning certificate be obtained within two years. The motion was seconded by Larry Aronow and passed unanimously (4-0). Key Outcomes - ZBA20-182CU (1207 Oakwood Drive): Approved (4-0) with conditions: (1) no outside employees (only the resident owner may work in the business); (2) no more than one customer visit and one delivery per day; (3) compliance with all Section 829 criteria. - ZBA20-286CU (28 E. 3rd Street): Approved (4-0) with the condition that the applicant obtains a zoning certificate within two years of approval. The board also modified the off-street parking requirement. - Zoning Determinations Completed: Staff reported completion of 12 zoning determinations (listed on the agenda) for properties including 501 Prospect Blvd., 922-1000 N. Market Street, 800 Motter Avenue, and others. Adjournment - The meeting adjourned with thanks to board members and staff for conducting the first virtual ZBA meeting. Chair Racheff noted minor technical difficulties but praised the board's performance. Note: The meeting date is listed as April 28, 2020, in the agenda, but the transcript refers to April 27, 2020; the agenda date has been used here.

The Frederick Zoning Board of Appeals (ZBA) met on January 28, 2020, at 7:00 PM at City Hall (101 North Court Street) to consider two new business items: a variance request for a deck at 201 Spring Bank Avenue and a conditional use request for an assisted living facility at 1640 Andover Lane. The meeting was broadcast live on Channel 99 and streamed online. All five voting members were present (a full quorum), and all witnesses were sworn in. Both applications were approved unanimously (4-0, with one member absent from voting on the second item). Consent Calendar - The minutes from the December 17, 2019 meeting were approved as amended (a small typo was corrected). - No general public comment was offered (no comments on zoning matters unrelated to the agenda). - No continuances or old business were on the agenda. Public Comments & Testimony - Case ZBA19-1184V (201 Spring Bank Avenue): Sandy Gray, owner of the adjacent property at 203 Spring Bank Avenue (Lot 2), expressed concerns about the potential size and location of the proposed deck, specifically that it could obstruct her view of traffic when backing out of her driveway. She noted that her deck extends 11 feet from the house, while others in the row are 9 feet, and she suggested the new deck not extend beyond 6 feet to avoid interfering with sightlines. She also expressed concerns about a potential privacy barrier wall, preferring a 3-foot wall to preserve mountain views. - Case ZBA19-1272CU (1640 Andover Lane): No public testimony was offered. Discussion Items Case ZBA19-1184V - Variance for Deck at 201 Spring Bank Avenue - Request: A variance of 4 feet 6 inches from the required rear setback of 6 feet to construct a second-story open, unenclosed deck. The property is part of the Springbank mixed-use community, and the rear setback had already been reduced from 20 feet to 6 feet during the master planning process. - Staff Report (Gabrielle Collard): Staff recommended approval, finding that all seven variance criteria under Section 313 of the Land Management Code were met. Key points included: the deck would not impede light, air, or access; the curved property line at the intersection of Spring Bank Drive and Old Inn Alley created a unique practical difficulty; the variance was the minimum necessary for a reasonably sized deck; and the applicant (Dan Ryan Builders) did not create the situation. - Applicant Testimony: The applicant (representative of Dan Ryan Builders) explained that the deck would be about 7 feet deep, smaller than others in the row due to a pinch point. They agreed to a condition of no privacy barrier wall. - Board Questions: Board members asked about deck dimensions and structural supports. One member noted the deck would be smaller than adjacent ones, and the applicant confirmed the variance was needed because the curved lot line reduced the usable rear yard. - Vote: Motion to approve with a condition that no privacy barrier/partition be constructed. Passed unanimously (4-0; one member, Mr. Sisson, made the motion, Mr. Butcher seconded, and all voted in favor). Case ZBA19-1272CU - Conditional Use for Assisted Living at 1640 Andover Lane - Request: Conditional use approval to operate a nursing home/domiciliary care/assisted living facility in an existing single-family home. The property is zoned R8 (medium-density residential). - Staff Report (Gabrielle Collard): Staff recommended approval, finding compliance with Section 308 and Section 841 of the LMC. The proposal aligns with the comprehensive plan's housing policies supporting elderly housing. The facility would have four beds in three rooms, with one on-site manager and an on-call alternate. Parking (1.5 spaces per code) meets the requirement (0.3 spaces per room, so 1 space required). Staff recommended conditions: all visitor/service vehicles must park on site; proof of state licenses required before zoning certificate; and the approval expires in two years if not used. - Applicant Testimony: Rebecca Yeboah, the applicant and on-site manager, stated she intends to provide level 1-2 care (ambulatory residents). She addressed traffic concerns, stating the garage and driveway can accommodate visitors, and that she would work with service providers to notify arrivals. - Board Questions: Board members raised concerns about the property's steep backyard slope (fall risk) and the condition of the deck. The applicant stated staff would always be present to assist residents. Another member questioned the number of beds vs. bedrooms (4 beds in 3 bedrooms), and the applicant clarified the four beds did not include the manager. The applicant confirmed she would rent the property from the owner, Gladys Asante. - Vote: Motion to approve with the three conditions recommended by staff. Passed unanimously (4-0; motion by Mr. Butcher, seconded by Mr. Aronow). Key Outcomes - ZBA19-1184V (201 Spring Bank Avenue): Approved (4-0) with a condition that no privacy barrier/partition be constructed on the deck. The variance allows construction of a second-story open deck with a 4'6" reduction of the rear setback. - ZBA19-1272CU (1640 Andover Lane): Approved (4-0) with three conditions: (1) all visitor/service vehicles must park on site; (2) proof of state licenses/approvals must be provided prior to issuance of a zoning certificate; (3) the approval expires two years from the date of approval unless the use is established or construction begins. - Next Steps: The applicant for the assisted living facility must obtain state licenses. Staff announced upcoming comprehensive plan workshops, including one on February 8, 2020, at the annex building.

The Zoning Board of Appeals held a regular meeting on December 17, 2019, at 7:00 PM in City Hall. The board addressed a continuance, a new business case on intensification of a nonconforming use for a Hood College child development lab, and board business including officer elections and approval of the 2020-2021 schedule. The meeting was broadcast live on Channel 99. Consent Calendar - Approval of Minutes: The board unanimously approved the November 26, 2019 meeting minutes as written. Public Comments & Testimony - Bill Miller (next-door neighbor, 301 West Fifth Street): Expressed concerns about the proposed increase to 55 students, noting that a prior neighborhood meeting with Hood College indicated a 20-student maximum due to fire code. He stated the change in character from a teaching lab to a for-profit operation (Georgetown Hill) and worried about traffic congestion, parking, and safety for children crossing the alley. He acknowledged Hood’s responsiveness (trimming hedges, adding signs) but urged the board to consider limits. - Linda Crow (301 West Fifth Street): Stated that neighbors had come to terms with the extended hours and days, but were surprised to learn of the 55-student maximum. She expressed concern about additional traffic on the small street and suggested a study of traffic impacts. Discussion Items - Continuance – ZBA19-1184V (201 Spring Bank Avenue): The applicant requested a continuance to the January 28, 2020 hearing. The board unanimously granted the continuance. - New Business – ZBA19-957NCU (Hood College Child Development Lab, 302 W. 5th Street): The applicant, Hood College (partnering with Georgetown Hill Early School), requested approval to intensify the existing nonconforming use (school) by expanding hours to 7:00 AM–6:00 PM, five days a week, and serving up to 55 children (currently 17 enrolled). Staff reported that the use has been a school since 1947 and became nonconforming when the zoning changed to R6 in 2005. The applicant argued that the change is merely an intensification, not a change in character, and that no physical expansion is proposed. Board members asked about historical enrollment (23 in 2009) and building capacity. A representative of Georgetown Hill clarified that the building was licensed for up to 40 children in the past and that state licensing and fire codes would regulate the actual number. The board accepted the staff recommendation of approval. Key Outcomes - ZBA19-1184V: Continued to January 28, 2020. - ZBA19-957NCU: Approved unanimously (3-0) with the finding that the intensification meets all five criteria under Section 909 of the LMC: no expansion beyond documented boundaries, same nature and purpose, same character, no different effect on the neighborhood. The approval allows operation Monday–Friday, 7 AM–6 PM, up to 55 children. - Election of Officers: Jim Racheff was re-elected as Chair (4-1 vote, with Racheff abstaining). Larry Butcher was elected as Vice Chair (unanimous, with Butcher abstaining). Officers will serve until the next election in June 2020. - 2020-2021 ZBA Schedule: Approved unanimously as presented, with dates adjusted for holidays.

The Zoning Board of Appeals met on November 26, 2019, at 7:00 PM in City Hall, with a quorum of four members present. The meeting began with a slight delay. The board reviewed and approved the September 24, 2019 minutes with a correction, heard a variance request for 2525 Mill Race Road, and postponed the election of officers to the next meeting. Consent Calendar - Approved the September 24, 2019 meeting minutes with a correction: the vote on a previous case (ZBA19-645) was recorded as 3-1. The motion passed unanimously (4-0). Public Comments & Testimony - No general public comment was offered. - During the variance case, the applicant, Molly Wolfe, testified that the lot is irregularly shaped and backs onto a creek. She stated that a stormwater management system built in recent years has created stagnant water and severe mosquito problems, making the deck unusable. She requested a 1'3" variance to enclose the deck with screening. The applicant's contractor, Jordan Merrifield, described the proposed enclosure system and confirmed it would stay within the deck footprint, replacing the railing. - Neighbors expressed support via a letter, but no public testimony was given at the meeting. Discussion Items - Case ZBA19-1067V – Variance for 2525 Mill Race Road: Staff presented a report recommending denial. Gabrielle Collard explained that the lot is part of a Planned Neighborhood Development where setbacks were already reduced to 10 feet rear. The requested variance would enclose an existing deck that encroaches into the rear setback. Staff found no unique conditions peculiar to the property (such as shape, topography, or hardship) that would justify a variance, and argued that granting it would confer a special privilege not available to other properties. The board questioned the applicant about the feasibility of reducing the enclosure size to avoid the variance. Chair Racheff suggested a continuance to explore alternatives, but the applicant declined, citing age and effort. After discussion, a motion to deny the variance was made and seconded. The motion passed 3-1 (Chair Racheff, Mr. Butcher, Mr. West in favor of denial; Mr. Aronow opposed). - Election of Officers: The board deferred the election of officers to the December 17, 2019 meeting, as not all members were present. Key Outcomes - Variance Denied (3-1): The board denied ZBA19-1067V, finding that the lot is part of a planned development with no unique hardship, that granting the variance would confer a special privilege, and that it is not in harmony with the code's intent. The applicant did not create the lot conditions, but the desire to enclose the deck did not meet the variance criteria. - Zoning Determinations Completed: The board noted five zoning determinations completed since the last meeting: ZBA19-1055ZD (Northgate Plaza Subdivision), ZBA19-1056NCU (316 Upper College Terrace), ZBA19-1066HO (222 Shannonbrook Lane), ZBA19-1097ZD (Riverside Corporate Park), and ZBA19-1140ZD (999 W. Patrick Street). - Next Meeting: The next meeting is scheduled for December 17, 2019, at which the election of officers will be held and the Hood College Child Development Lab case (ZBA19-957NCU) will be heard.

The Frederick Zoning Board of Appeals met on September 24, 2019, at 7:00 PM in City Hall to conduct routine business, hear a variance request, and address housekeeping matters. The board approved the July 23, 2019 meeting minutes, considered one new variance case (ZBA19-655V), and deferred officer elections to the next meeting. The only substantive action was the approval of a variance for a screened-in patio at 2606 Monocacy Ford Road. Consent Calendar - Approval of July 23, 2019 Minutes: The board unanimously approved the minutes of the July 23, 2019 meeting as written, with a motion by Mr. Sisson and no objections. Public Comments & Testimony - No general public comments were made under the general public comment period, as no residents were present. - Applicant Testimony (Mr. Gusia): The applicant, Mr. Gusia, representing the homeowner, spoke about the need for the variance. He explained that the screened porch would mitigate severe mosquito issues due to the property's proximity to the river, mentioning health concerns from equine encephalitis and Zika. He argued the enclosure is simply a screening addition under an existing deck and that the current building restriction line (BRL) cuts under the deck, making the yard awkward. He also noted that the deck was fully permitted. Discussion Items - ZBA19-655V, Variance, 2606 Monocacy Ford Road: The applicant requested a 4-foot variance from the required 10-foot rear setback to construct a screened-in patio 6 feet from the rear property line. The property is in a Planned Development (PD) under the 1986 zoning ordinance. Staff (Gabrielle Collard) presented findings recommending denial, citing that the property did not exhibit exceptional conditions peculiar to the lot, and granting would confer a special privilege. Board members discussed whether the lot's angular rear property line, the building restriction line crossing the deck, and proximity to the river (including the regulatory floodplain) constituted unique conditions. Mr. Sisson argued the BRL crossing the property's deck was unique compared to other lots. The board also considered the applicant's willingness to limit the enclosure to screening only. The motion to deny failed for lack of a second, and a motion to approve passed 3-0 with the condition that the enclosure be screen-only with no opaque surfaces. Key Outcomes - Variance Approved (ZBA19-655V): The board voted 3-0 (Mr. Sisson, Mr. Arno, Mr. Butcher) to approve the variance with the stipulation that the enclosure be screening and not opaque. Findings included that conditions peculiar to the property (shape, BRL crossing, river location) cause an undue hardship, and approval would not injure the neighborhood. The variance permits the screened patio to extend 6 feet from the rear property line, 4 feet into the required rear setback. - Officer Elections Deferred: The board postponed the election of officers to the next meeting, as not all members were present. Other Business - Zoning determinations completed for seven properties were noted in the agenda but no action was taken. - The board made an announcement encouraging public participation in the upcoming comprehensive plan update.