Public Meetings - Frederick, Maryland

The Zoning Board of Appeals (ZBA) met on June 25, 2019, at 7:00 PM in City Hall. The meeting included general public comment, approval of minutes, and a new business item that was continued. The board also tabled the election of officers to the next meeting. Public Comments & Testimony - Phil LeBlanc (Clark Place) provided an update on his ongoing efforts regarding short-term rentals (Airbnbs) and tourist homes in Frederick. He described submitting approximately 100 code complaints and numerous Public Information Act (PIA) requests to investigate the city's handling of tourist homes. He expressed concern that the term "tourist home" was removed from the use matrix table, suggesting it may no longer be a viable allowable use, yet a tourist home was approved the same day he appealed a determination. He questioned whether the removal was inadvertent and called for clarification. He also noted that the definition of a tourist home does not require owner-occupancy, contrary to some interpretations. He stated his goal is to address what he sees as inappropriate interpretations of the past to prevent future issues like grandfathering. He indicated he will continue to attend meetings and provide updates. Discussion Items - ZBA19-153CU, Conditional Use – This is Home Assisted Living (1395 Rocky Springs Road): Staff reported that adjoining property owner notices were not properly sent in accordance with Section 301 of the Land Management Code. Staff requested a 30-day continuance to the July 23, 2019 meeting to allow for proper notice, including new signposting, owner notices, and a newspaper advertisement. The board voted to continue the application. - Election of Officers: The board tabled the election of officers to the July 23, 2019 meeting, as several members were absent. Key Outcomes - Approval of Minutes: The minutes from the March 26, 2019 meeting were approved unanimously. - Continuance Granted: The conditional use application for an assisted living facility was continued to July 23, 2019, due to inadequate property owner notification. - Election of Officers Tabled: The election of board officers was deferred to the July 23, 2019 meeting. - The board acknowledged the ongoing work of the NAC 11 subcommittee on short-term rental regulations and noted that a letter had been sent to the Mayor and Board of Aldermen on the issue.

The Zoning Board of Appeals of Frederick, Maryland, met on March 26, 2019, at 7:00 PM at City Hall. The board considered one new business item: a conditional use application (ZBA19-153CU) from Olde Mother Brewing Company to operate a full-scale brewery at 526 North Market Street. The meeting also included approval of previous meeting minutes and acknowledgment of several zoning determinations completed by staff. Consent Calendar - Approval of Minutes: The board approved the minutes from the February 26, 2019 meeting as written. The motion was moved by Mr. West and seconded by Dr. Ying, with one abstention (Mr. Butcher). The minutes were approved by a majority vote. Public Comments & Testimony - No members of the public provided general comment or testimony on the agenda item. Discussion Items - Staff Report (Gabrielle Collard, Deputy Director for Planning): Ms. Collard explained that the applicant had been operating a small-scale brewery (under 10,000 sq. ft.) by right in the DB (Downtown Commercial Residential) district. The applicant now seeks to expand the facility beyond 10,000 sq. ft. and offer routine entertainment (live music, trivia, DJ events, arts and crafts), which qualifies as a brewery requiring conditional use approval. Staff found the request consistent with the 2010 Comprehensive Plan (supporting small businesses, economic vitality, downtown role) and determined that no greater adverse impacts would occur compared to other permitted uses (e.g., restaurants). Staff recommended approval with two conditions: (1) obtain a zoning certificate within two years; (2) limit entertainment to the front portion of the tasting room until planned interior improvements (including ADA-compliant bathrooms) are completed. - Applicant Testimony (Keith Marcou, co-founder of Olde Mother Brewing): Mr. Marcou confirmed the staff report and stated he had nothing to add. He noted the brewery already operated as a good neighbor and that the new entertainment hours (live events ending by 10 PM, trivia by 9 PM, daytime arts and crafts) were designed to minimize noise. Board members asked about interactions with the new development at 520 North Market Street (59 units); Marcou said they had only positive conversations with the construction crew and looked forward to the new neighbors. The board expressed support for revitalizing the northern part of downtown. - Board Questions: Members inquired about the connection between the floor plan and the condition limiting entertainment. Marcou explained that the rear warehouse has a 38-inch elevation change and lacks ADA-compliant restrooms; once those are built (expected within 6–8 weeks), full occupancy and entertainment can occur in the rear. Key Outcomes - Motion for Approval: Mr. Butcher moved to approve the conditional use application based on the findings of fact recited in the staff report and with the two recommended conditions. The motion was seconded by Mr. Aronow. The board voted: Dr. Ying (for), Mr. Butcher (for), Mr. West (for). The chair declared the motion carried with four votes in the affirmative (the board has five voting members; the vote was unanimous among those present). - Conditions of Approval: 1. The applicant must apply for and receive a zoning certificate within two years of ZBA approval (per LMC Section 312). 2. Entertainment may be held only in the front portion of the tasting room until the new construction (restrooms and rear improvements) depicted on the approved floor plan is completed. - Additional Agenda Items: The board noted that the following zoning determinations had been completed by staff: ZBA19-058ZD (120 E. Patrick Street), ZBA19-094ZD (300 Cormorant Place), ZBA19-119ZD (311 Cormorant Place), ZBA19-120ZD (401 Cormorant Place), and ZBA19-156ZD (798-800 Motter Avenue). No action was taken. Adjournment The meeting adjourned after the board recognized the birthday of former member Gail Colby.

The City of Frederick Zoning Board of Appeals met on February 26, 2019, at 7:00 PM at City Hall to consider one variance request. The board approved the previous meeting's minutes, heard a staff report and applicant testimony on ZBA19-36V, and ultimately denied the requested variance. Consent Calendar - Approved the January 22, 2019 meeting minutes as written by unanimous voice vote. Public Comments & Testimony - No general public comment was offered. - No public testimony was offered on the variance case beyond the applicant's presentation. Discussion Items - ZBA19-36V – Variance for 928 Cherokee Trail: The applicant, John Rennan, requested a 5-foot variance to reduce the required rear setback from 30 feet to 25 feet to construct a 270-square-foot addition to his single-family home. The property is located in the Minoxy Village subdivision, zoned R6 (low density residential), and was recorded in 1954 with the home built around 1958. Staff reported the lot is nonconforming and that over 50% of lots on the same plat are less than 7,000 square feet, making the condition not unique to the property. Staff recommended denial, finding the request did not meet the Section 313 variance criteria, particularly the uniqueness requirement. - The applicant explained the addition would provide needed living space for his multi-generational household, noted that he had already reduced the addition size, and expressed willingness to install a privacy fence as a stipulation. He argued the five feet would make the room usable and that he was not imposing on neighbors. - Board members discussed the challenge of applying 2019 zoning standards to a 1954 lot, with some expressing concern about precedent and the legal uniqueness standard. Legal counsel advised that uniqueness must be inherent to the property itself and that a persistent problem affecting many properties is more appropriately addressed through legislative rezoning rather than variances. - A motion to approve the variance was made by Mr. Arno, seconded by Mr. Sisson, with findings that the granting would not confer special privilege and would improve the neighborhood. The motion failed with three votes against (Dr. Yang, Mr. West, Mr. Sisson) and one vote for (Mr. Arno). - A subsequent motion to deny was made by Mr. West, seconded by Mr. Sisson, citing the lack of peculiar or unique conditions and absence of practical difficulty or undue hardship. The motion passed with three affirmative votes (Mr. Sisson, Mr. West, Dr. Ying) and one against (Mr. Arno). Thus, the variance was denied. Key Outcomes - Application ZBA19-36V was denied. - The board noted the potential need for legislative review of zoning classifications for older neighborhoods like Minoxy Village. - Staff announced upcoming city workshops on the Adequate Public Facilities Ordinance (APFO) regarding school, water/sewer, and roads tests, with the next workshop scheduled for the following day (February 27, 2019).

The Zoning Board of Appeals met on January 22, 2019, at 7:00 PM at City Hall to consider a variance application for the Weinberg Center for the Arts, approve previous meeting minutes, and hold officer elections. The board voted unanimously to approve the minutes and, with one recusal, granted all four requested variances for theater signage. Officers were re-elected for the coming term. Consent Calendar - Approval of Minutes (December 18, 2018): Moved by Member Butcher, seconded by Member West. Approved unanimously without discussion. Public Comments & Testimony - No members of the public offered comments on zoning matters or the variance case. Discussion Items - Variance Application (ZBA18-1018V) – Weinberg Center for the Arts: The applicant, John Healy (Director of the Weinberg Center), requested four variances to the Land Management Code (LMC) §864 (Sign Regulations) to replace the theater’s marquee and add a vertical blade sign. The existing non‑conforming signage would be replaced with historically‑inspired signs consistent with the 1926 Tivoli Theater. Staff (Gabrielle Collard, Deputy Director for Planning) reported that the Weinberg Center is a publicly owned historic theater in the DB (Downtown Commercial Residential) district and within the Historic Preservation Overlay. The proposed signage totals 365 square feet (333 sq ft above the 32 sq ft allotment), the marquee would project 9 ft 3 in (1 ft 3 in over the 8‑ft limit), the vertical blade would project 42 inches (12 in over the 30‑in limit), and the attached signage size would be 705% of building frontage (exceeding the 125% limit). Staff recommended approval based on seven criteria, finding the variances are the minimum necessary, not contrary to public interest, and support the property’s unique historic and cultural role. The applicant emphasized the restoration to a 1926 performing arts aesthetic and noted future review by the Historic Preservation Commission and Maryland Historical Trust. Board members expressed support, noting the enhancement to downtown’s arts and entertainment district and no pedestrian/vehicular impact. Member Hand recused himself due to a personal relationship with a board member. Member West disclosed his volunteer role at the Weinberg but stated no conflict. Key Outcomes - Vote on Variance (ZBA18-1018V): Motion by Member Butcher, seconded by Dr. Ying, to approve all four variances with the seven staff findings. The motion passed 3‑0 (Dr. Ying, Mr. Aronow, Mr. Butcher in favor; Member Hand recused). - Election of Officers: Jim Racheff was re-elected Chair (moved by Mr. Butcher, seconded by Mr. West, unanimous voice vote). Larry Aronow was re-elected Vice Chair (moved and seconded, unanimous voice vote). Board Business - Officer Elections: Held after the variance vote. No other business was discussed. The meeting adjourned.

The Zoning Board of Appeals held a meeting on December 18, 2018, to consider variance and conditional use applications. The board approved a variance for a restaurant/distillery at 46 S. Market Street, a conditional use for entertainment at Hooch and Banter, and a conditional use for a telecommunications monopole. A variance for the Weinberg Center was continued to the January meeting. Consent Calendar - Approval of minutes from the November 27, 2018 meeting. - Adoption of the 2019-2020 ZBA calendar. Public Comments & Testimony - For ZBA18-1103V (46 S. Market Street): David Cook (13 E. All Saints Street) opposed the variance, citing lack of notification to African American neighbors and requesting a hold. Jim Smurso (35 E. All Saints Street) expressed support for the variance if the developer uses compensating measures for noise, odors, and waste. Chris Klein, representing the applicant's real estate venture, spoke in favor of adaptive reuse. Jacqueline Bowens (9 E. All Saints Street) stated she was not notified but spoke for herself. - For ZBA18-1102CU (49 S. Market Street): Jim Schaefer (50 Citizens Way) spoke in support, noting no concerns about noise from his residence. - For ZBA18-1032CU (1800 N. Market Street): No public comments. Discussion Items - ZBA18-1018V (Weinberg Center Variance): Continued to the January 2019 hearing due to a staff request. - ZBA18-1103V (46 S. Market Street): The applicant requested a variance of the 10-foot rear setback to construct a 1,300 sq ft addition to the property line for a restaurant and micro-distillery. Staff recommended approval, finding the L-shaped lot and narrowness created unique conditions. The board approved the variance unanimously (3-0). - ZBA18-1102CU (49 S. Market Street): The applicant requested conditional use to add live entertainment (acoustic, jazz, blues) to the existing restaurant Hooch and Banter. Staff recommended approval with conditions. The board approved unanimously (3-0). - ZBA18-1032CU (1800 N. Market Street): The applicant requested conditional use to replace a 100-foot lattice tower with a 110-foot monopole for T-Mobile co-location. Staff recommended approval. The board approved unanimously (4-0). - Election of Officers: Continued to the January meeting due to incomplete membership. - 2019-2020 ZBA Calendar: Approved unanimously. Key Outcomes - ZBA18-1103V (46 S. Market Street): Approved with seven findings. The variance allows construction up to the rear property line, maintaining a 15-foot separation from the adjacent building. - ZBA18-1102CU (49 S. Market Street): Approved with conditions: the applicant must obtain a zoning certificate within two years and properly post the property per LMC Section 856(F)(2). - ZBA18-1032CU (1800 N. Market Street): Approved with six conditions, including site plan approval, FAA notification, and RF safety certification. - 2019-2020 ZBA Calendar: Approved.

The Zoning Board of Appeals (ZBA) of Frederick, Maryland, held a meeting on November 27, 2018, at 7:00 PM at City Hall. The meeting focused on administrative matters, including approval of prior meeting minutes, a case continuance, adoption of findings for a short-term rental appeal, and a letter to the Board of Aldermen. No public comment was offered, and officer elections were deferred due to the absence of a full board. Consent Calendar - Unanimously approved meeting minutes from April 24, 2018, May 22, 2018, and October 23, 2018. Public Comments & Testimony - None were provided during the general public comment period. Discussion Items - Continuance of ZBA18-1018V (Weinberg Center): The board voted to continue the variance application to December 18, 2018, because one member (Mr. West) would need to recuse himself, leaving an insufficient number of voting members to reach a quorum for that case. The motion passed unanimously. - Adoption of Findings for ZBA16-686AA (Short-Term Rentals): The board reviewed and adopted the draft findings and decision for the administrative appeal filed by Philip LeBlanc. The appeal challenged a zoning determination by the Zoning Administrator regarding short-term rentals (e.g., Airbnb). The board voted 4-0 to adopt the findings with a modification: striking the last sentence of the first paragraph on page three. The decision dismissed the appeal, concluding that the zoning determination was not an enforcement action, the applicant was not uniquely aggrieved, and the ZBA lacked jurisdiction because the determination was not tied to a specific property or enforcement. The board also acknowledged that the Land Management Code (LMC) lacks clarity on short-term rentals but noted that rewriting the LMC is outside its authority. - Letter to the Board of Aldermen: The board approved (4-0) sending a letter drafted by the chair to the Frederick Board of Aldermen. The letter recommends that the aldermen address the lack of clarity in the LMC regarding online rentals (e.g., Airbnb) through legislative action, as the ZBA cannot rewrite the code. The letter highlights confusion among property owners and inconsistent regulation enforcement. Key Outcomes - Approved minutes for the April 24, May 22, and October 23, 2018 meetings. - Granted a continuance for ZBA18-1018V until December 18, 2018. - Adopted final findings and decision for ZBA16-686AA, dismissing the appeal (4-0). - Approved the letter to the Board of Aldermen regarding short-term rental regulations (4-0). - Deferred the election of officers to a future meeting due to the absence of a full board. No action was taken on the zoning determinations listed as items added to the agenda (ZBA18-903ZD, ZBA18-1007ZD, ZBA18-1019ZD), as they were not discussed during the meeting.

The City of Frederick Zoning Board of Appeals met on Tuesday, October 23, 2018, at 7:00 PM at City Hall. The board heard two conditional use requests, one continued variance request, and an administrative appeal. They also approved minutes from the August 28, 2018 meeting and deferred approval of April and May minutes. Consent Calendar - Approved the August 28, 2018 meeting minutes unanimously. The April 24, 2018 and May 22, 2018 minutes were deferred to the next meeting because not enough board members were familiar with them. Public Comments & Testimony - No general public comment was made under Agenda Item II. - For ZBA18-863CU (tourist home), public speakers included Fred Michelle (202 College Ave), who asked for clarification on the definition of a meal, and Philip Clark (4 Clark Place), a B&B operator who supported the application. Courtney Ecademis (22 West South St) also spoke in support, praising the positive impact of the neighboring Airbnb. - For ZBA18-563V (gas station variance), Jim McGarrin (1778 Valley Side Dr) raised environmental concerns, recommending an environmental assessment and a limit on the number of pumps. Debbie Thaxton (8101 Claiborne Ct) expressed concern for nearby well-water users. - For ZBA18-686AA (administrative appeal), public comment was extensive. Fred Michelle spoke in favor of Airbnb generally. Brian Chaney (407 W 2nd St) and Aaron Marsh (11053 St. Andrew Dr) asked the board to dismiss the appeal, emphasizing economic benefits. Jim Smerson (35 E All Saints St) argued that short-term rentals constitute a commercial use and should require zoning permits. Julia Ferguson (20 E 2nd St) offered a balanced view, noting the code may need revisiting. Discussion Items - ZBA18-645CU – 351 Ballenger Center Drive: The applicant, on behalf of Ogden Newspapers of Maryland LLC, requested a conditional use to extend an existing 90-foot telecommunications monopole to 142 feet, add antennas, and expand ground equipment. Staff found the proposal met all criteria, and the applicant noted the extension was for AT&T wireless. The board unanimously approved the request. - ZBA18-863CU – 20 E 2nd Street: The applicant, Julia Ferguson, requested a conditional use for a tourist home (basement suite) in her owner-occupied residence. Staff recommended approval, noting no adverse impacts in nearly a year of operation. The board approved unanimously. - ZBA18-563V – 23 Thomas Johnson Drive: This variance request was continued from the August meeting. The applicant sought to allow six pumps (12 fueling stations) at a convenience store with gas sales in an M1 zone, despite being only 34 feet from an R4 district where only one pump is permitted. The applicant presented expert testimony on legal self-created hardship, traffic planning, fuel storage technology, and groundwater flow. Public speakers raised environmental and public safety concerns. A motion to approve with a condition limiting the number to six pumps failed 1–3. A subsequent motion to deny passed 3–1 (Mr. West dissenting). - ZBA18-686AA – Administrative Appeal: Phil LeBlanc, owner of a bed-and-breakfast at 4 Clark Place, appealed Zoning Determination 18-600ZD, arguing that short-term rentals should be classified as tourist homes requiring conditional use approval. Assistant City Attorney Rachel Deepo argued the determination was informational and not appealable, and that the appellant lacked standing. After hearing public testimony and board discussion, the board reached a consensus to continue the matter to the November meeting to adopt formal findings that the appeal is not within their jurisdiction and that a letter should be sent to the Mayor and Board of Aldermen recommending review of the Land Management Code. Key Outcomes - Unanimously approved ZBA18-645CU (telecom facility expansion). - Unanimously approved ZBA18-863CU (tourist home). - Denied ZBA18-563V (gas station variance) by a 3–1 vote. - Continued ZBA18-686AA (administrative appeal) to the November meeting for adoption of written findings, including a recommendation to the Mayor and Board of Aldermen to consider updating the Land Management Code. - Deferred approval of April and May 2018 minutes to the next meeting. Note: The agenda included an election of officers under Board Business, but this item was not addressed during the meeting.

The Frederick Zoning Board of Appeals met on August 28, 2018, at 7:00 PM at City Hall to consider two new cases: a variance request for a gas station at 23 Thomas Johnson Drive and a conditional use request for entertainment at Mirage Lounge at 243 N Market Street. The board also handled routine items including minutes approval, a continuance, and officer elections. Consent Calendar - Minutes Approval: Minutes from April 24, 2018, and May 22, 2018, were continued to the next meeting due to insufficient board members present from those meetings. Minutes from July 24, 2018, were approved as written. - Continuance: Case ZBA18-645CU (351 Ballenger Center Drive) was continued to the September 25, 2018 meeting at the applicant's request. Public Comments & Testimony - ZBA18-563V (Variance, 23 Thomas Johnson Drive): The applicant's representative did not present separate testimony but was present. Public speakers included: - Joseph Schnur (11528 Arrowhead Court, adjacent to property in county): Expressed concerns about noise, light pollution, property values, traffic safety, and groundwater contamination from gas station. Opposed the variance. - Steve Cash (Clover Hill area): Questioned the fairness of a gas station near residential property and cited potential health and safety risks. - Lisa Seikert (8211 Morning Dew Lane, Clover Hill section): Raised concerns about well water safety, noting the area is on well water and expressed need for more information on environmental impacts. - Supporting speakers: Mr. Miller (property owner/developer) and applicant's attorney John Kelso spoke in favor, emphasizing the site's industrial zoning, existing nearby gas stations, and the applicant's minimization of truck traffic and lighting impacts. - ZBA18-646CU (Conditional Use, 243 N Market Street): The applicant, Joseph Fami, stated no violations under new ownership. Public speakers included: - Tom Loper (Three's Third Street, NAC 11): Opposed the DJ entertainment, stating nothing had changed from past issues, expressed concerns about noise impact on nearby residents, and questioned neighborhood benefit. - Sarah Schwartz (100 block of Third Street): Opposed on behalf of 10–12 households, citing noise, trash, parking, and past non-compliance. Emphasized residential character of Third Street. - Patty Frock (Third Street): Noted residential/commercial conflict and described enforcement weaknesses. - Jeff Gerlach (Third Street, across from Mirage): Supported small business but opposed DJ, citing music volume that intrudes into homes. - Tara (apartment above Mirage): Spoke in favor of the lounge, stating she felt safe and that the business improved the neighborhood. - Additional speaker (name not given): Opposed due to noise from cars and previous events. Discussion Items - ZBA18-563V (Variance): Staff presented the request for a variance from Section 824 to allow 6 pumps (12 fueling stations) instead of the allowed 1 pump due to proximity to R4 zoning (34 feet away). Staff recommended approval with 7 conditions including site plan compliance, landscaping, stormwater management, noise mitigation, lighting, and deed restriction on night deliveries. Board discussed: - Mr. Arno questioned notification of neighboring county residents; staff confirmed notification followed city code (no requirement for county). Mr. Arno expressed disappointment but upheld objectivity. - Mr. Sisson noted that while not required, outreach would have been good practice. - Motion to approve with conditions moved by Mr. Butcher, seconded by Mr. West. - ZBA18-646CU (Conditional Use): Staff presented history of prior approvals and violations. The current request was for a recurring DJ on Saturdays 9 PM–1:30 AM. Staff recommended conditional approval with 5 conditions including zoning certificate within 2 years, quarterly revenue reports for 1 year, entertainment cease at 1:30 AM, and noise compliance. Board discussed: - Mr. Arno expressed concerns about insufficient soundproofing given wooden building structure and potential for repeated issues. - Mr. Racheff questioned whether the 4-special-event limit would apply; staff clarified that recurring DJ is not a special event but the limit remains. - Motion to deny moved by Mr. Butcher, seconded by Mr. West, citing enforcement concerns and impact on residential uses. Key Outcomes - ZBA18-563V (Variance) – Approved (4-1): Motion to approve the variance with 7 conditions carried. Mr. Arno voted against. The conditions include: compliance with final site plan, landscape buffer, stormwater management, noise limitations, lighting plan, prohibition of night deliveries via deed restriction, and adherence to staff recommendations. The property at 23 Thomas Johnson Drive may proceed with a convenience store with 6 gas pumps (12 fueling stations) on the 2.2-acre lot. - ZBA18-646CU (Conditional Use) – Denied (3-0): Motion to deny the conditional use for entertainment at 243 N Market Street (Mirage Lounge) carried. The board cited the residential character of the neighborhood, history of non-compliance, and insufficient evidence that noise impacts could be mitigated. - Election of Officers: Continued to the October 2018 meeting. The meeting adjourned after the votes.

The Zoning Board of Appeals met on July 24, 2018, at City Hall. The board addressed one continuance and one new business item: a conditional use application for entertainment at ZiPani Café Bistro. The meeting also included swearing-in of witnesses, recognition of a new board member, and appreciation for outgoing members. Procedural Actions - Approval of Minutes: The minutes from the May 22, 2018 meeting were not yet drafted. The board voted unanimously to continue review to the August 28, 2018 meeting. - Continuance (ZBA18-563V): A 30-day continuance was granted for a variance application at 23 Thomas Johnson Drive, moving it to the August 28, 2018 meeting. The continuance was needed to fulfill public notice requirements. Public Comments & Testimony - No general public comments were offered regarding zoning matters. - During the conditional use hearing, Samuel Biskin (1853 Mill Stream Drive), a music teacher and musician, testified in support. He noted that the proposed entertainment would be acoustic and low volume, unlikely to be audible outside, and highlighted Frederick's growing arts community. New Business: Conditional Use for ZiPani Café Bistro (ZBA18-540CU) - Applicant: Renee Kirshner (8644 Chestnut Grove Road, Frederick). She stated the restaurant has been in business for 18 years and is well-established. Entertainment would enhance community offerings. The restaurant is located at 177A Thomas Johnson Drive in a shopping center with no nearby residences. - Staff Report: Presented by Planner Sherry Kelly. The property is zoned General Commercial. Staff found the application met all six factors under Section 856 of the Land Management Code (restaurant with entertainment). Conditions included compliance with city noise ordinance, seating percentages (83% of tables inside, 100% outside), and posting requirements. Staff recommended approval with two conditions: obtain a zoning certificate within two years and properly post the property per Section 856(F)(2). - Board Discussion: Chair Racheff noted the location is isolated from residences. Board members asked about entertainment being indoors (yes) and noise monitoring (applicant would monitor by listening outside). No concerns were raised. Key Outcomes - Vote on ZiPani Café Bistro Conditional Use: The board voted unanimously (3-0: Aronow, Butcher, West – all in favor) to approve the application with the findings and conditions as stated in the motion. The approval allows entertainment at the existing restaurant subject to the conditions. - Zoning Determination Noted: The agenda listed a completed zoning determination (ZBA18-440ZD, 8401 Gas House Pike) as an item added; no further action was taken by the board. - Board Changes: New member Mr. West was welcomed. Board recognized outgoing members Mr. Patchen and Mr. Overby for their service. Adjournment The meeting adjourned following the conclusion of business.