Public Meetings - Frederick, Maryland

The Zoning Board of Appeals held a regular meeting on January 24, 2017, to consider one administrative appeal (ZBA16-1009AA) regarding the Caidlyn Property and the Adequate Public Facilities Ordinance (APFO). The board also approved minutes from previous meetings and heard no general public comment. Consent Calendar - Approved the November 15, 2016 meeting minutes as written (motion by Mr. Patchen, second by Dr. Ying; unanimous aye). - Approved the December 20, 2016 meeting minutes as written (motion by Mr. Butcher, second by Mr. Arno; unanimous aye). - The January 20, 2017 field trip minutes were deferred for approval at the next meeting. Public Comments & Testimony - No general public comments were made. Discussion Items - Case ZBA16-1009AA, Administrative Appeal, Caidlyn Property – The applicant, Caidlyn LLC (represented by attorney Noel Manolo), appealed the Director of Public Works' determination that a provisional school certificate could not be issued under the APFO's “three and go” provision after the project failed school adequacy tests for Waverly Elementary and Middle schools. Manolo argued that the director's interpretation led to an unintended “no man's land” that stalled the master plan process. City attorney Scout Waxter countered that the director correctly followed the APFO and that the board lacked authority to rewrite the code. After deliberation, the board reached consensus that the director did not err and that the board could not override the code's plain language. Key Outcomes - The board unanimously agreed that the Director of Public Works did not err in his determination and that the board lacks authority to issue a provisional certificate outside the APFO's mitigation plan process. - The appeal was denied, and the director's decision was upheld. - No additional items were discussed; the meeting was adjourned.

This meeting of the City of Frederick Zoning Board of Appeals (ZBA) convened on December 20, 2016. The board considered two new business items: a conditional use application for a telecommunications facility and a variance application for a carport. The board also approved meeting minutes and the 2017-2018 ZBA schedule. Consent Calendar - Approved the September 27, 2016 meeting minutes (moved by Mr. Aronow, seconded by Mr. Patchen) with one abstention. - Approved the November 10, 2016 field trip minutes (moved by Mr. Patchen, seconded by Mr. Butcher) with no opposition. - Postponed approval of the November 15, 2016 meeting minutes to the next meeting. - Approved the December 16, 2015 field trip minutes (moved by Mr. Butcher, seconded by Mr. Patchen) with two abstentions. Public Comments & Testimony - No general public comments were made regarding zoning matters. - For Case ZBA16-927CU (telecommunications facility): The applicant, Janice Walker (representing Verizon Wireless via SmartLink), provided testimony explaining that the small cell antenna would improve data capacity in a high-traffic area without increasing noise or other impacts. No public comments were received. - For Case ZBA16-925V (variance for carport): The applicant, Mr. Liu (property owner at 422 Carrollton Drive), testified that the carport would provide covered parking and that similar structures exist on the street. No public comments were received. Discussion Items Case ZBA16-927CU: Conditional Use – 490 Monocacy Boulevard - Request: Install a 4-foot small cellular antenna on an existing 24-foot light pole and a 3x3 foot equipment cabinet. Property is owned by Frederick County Bank and zoned General Commercial with an Airport Overlay. - Staff recommendation: Approval, subject to findings that the facility meets all criteria under Section 866 of the Land Management Code (LMC), including structural and RF safety, compatibility with adjacent uses, and no suitable co-location alternatives. Staff noted the need for FAA approval and a 2-year zoning certificate. - Board discussion: Members noted the presence of structural documentation and FAA filing. The applicant confirmed no noise from the battery backup. The motion included specific findings of fact and conditions (FAA approval and 2-year permit validity). The motion passed 4-0 (with one abstention? Actually vote recorded as 4 affirmative, no opposition). Case ZBA16-925V: Variance – 422 Carrollton Drive - Request: Reduce the required interior side setback from 8 feet to 3’5” to allow construction of an attached carport. The existing principal structure is 13.5 feet from the property line. - Staff recommendation: Denial, finding that the lot does not have exceptional characteristics (condition 2 of variance criteria), the majority of properties on Carrollton Drive lack covered parking, and granting would confer a special privilege and harm neighborhood consistency. - Board discussion: Members expressed concern that condition 2 (unique property characteristics) was not met. The applicant argued that the carport would not negatively impact neighbors and noted that 424 Carrollton has a similar structure. The board debated the role of non-conforming uses and grandfathering. A motion to deny was made, citing staff findings 2, 3, and 4 (including Section 606G). After discussion, the motion carried 4-0. Key Outcomes - ZBA16-927CU: Approved (4-0). Conditions: (1) receipt of all FAA approvals; (2) issuance of a zoning certificate within 2 years of approval. - ZBA16-925V: Denied (4-0). The board found insufficient evidence of a unique hardship; granting would confer special privilege and conflict with the LMC. - 2017-2018 ZBA Schedule: Approved unanimously. - Meeting adjourned after completing all agenda items.

Meeting Overview The Zoning Board of Appeals (ZBA) of Frederick, Maryland, met on November 15, 2016, to consider a conditional use application for a nursing home/domiciliary care/adult living facility at 1417 Grouse Court. The meeting was chaired by Vice Chair Lawrence Aronow in the absence of Chair Jim Racheff. The board heard staff presentation, applicant testimony, and deliberated on the number of residents to be approved. After discussion, the board approved the application for five (5) beds with conditions, denying the applicant's request for eight (8) beds. Consent Calendar - Approval of minutes from September 27, 2016, and November 10, 2016 (field trip) was postponed to the December meeting. Public Comments & Testimony - No members of the public offered testimony. The only speaker was the applicant, Sandra Reed (1417 Grouse Court), who presented in favor of the application. She stated that she has operated similar facilities for 30 years and argued that the facility would not increase traffic, noise, or negatively affect property values. She initially sought approval for eight (8) beds but indicated she would license for five (5) beds with the state. She expressed willingness to accept five beds if the board preferred. Discussion Items - Application Details: Staff presented that the property is zoned R6, lot size 6,403 sq ft, existing single-family home. The use is permitted as a conditional use per LMC §841. The applicant proposed a maximum of five (5) beds initially, but the original application noted eight (8). Parking: garage (2 spaces) plus driveway (2 spaces, but only 3 counted due to access constraints) met minimum requirements for five beds (1.2-1.5 spaces). No exterior changes proposed. - Parking and Expansion Concerns: Board members discussed the feasibility of eight beds. Staff noted that at eight beds, parking would require 2.4 spaces (still met with 3 spaces) but if the garage were converted to living space, only 2 spaces would remain, violating standards. The board also considered density (500 sq ft per bed; 12 bed max) and the condition that the garage must remain for parking. - Board Deliberation: Member Dr. Ying expressed discomfort with eight beds due to uncertainty about impacts. After discussion, the board decided to limit approval to five beds, with the option for the applicant to reapply later for an increase. No public opposition was noted. Key Outcomes - Approval Granted: The board approved Conditional Use ZBA16-802CU for a nursing home/domiciliary care/adult living facility at 1417 Grouse Court for a maximum of five (5) beds, subject to the following findings: 1. The use is in harmony with the Comprehensive Plan and Land Management Code. 2. The use will not create a greater adverse impact than a permitted residential use. 3. No exterior modifications or expansions are proposed. 4. The applicant will obtain all required state approvals and licenses. 5. The property is in a residential setting and residents will be equally protected. 6. Based on lot area, up to 12 beds are allowed, but the applicant limited themselves to 5 beds per testimony. - Conditions of Approval: 1. The garage must be maintained for parking of vehicles only (no conversion to living space). 2. All visitor parking must occur on-site (garage or driveway). 3. The applicant must provide the city with documentation of state approvals/licenses. - Vote: The motion was made and seconded, and all voting members (Lawrence Aronow, Bob Sisson, Dixon Hicks, Stephen Colar, and Dr. Ying) voted in favor. No opposition. - Adjournment: The meeting adjourned following the vote.

The City of Frederick Zoning Board of Appeals met on Tuesday, September 27, 2016, at 7:00 PM at City Hall, 101 North Court Street. The board addressed one variance application (ZBA16-676V) from New York, New York Salon at 1201 N Market Street, approved the August 23, 2016 meeting minutes, and received no general public comment. Consent Calendar - Approved the August 23, 2016 meeting minutes by unanimous voice vote. - No old business was on the agenda. Public Comments & Testimony - Neil Wirth of 1204 N Market Street spoke in support of the renovation and asked questions about signage sight lines, safety for students, and illumination. He expressed appreciation for the project and requested that customers be encouraged to watch for students. - A resident of 11 West 12th Street (name not stated) asked about awning signage and the effectiveness of rear-facade signage; they expressed concern about illuminated signs but were told the proposed signs would not be illuminated. - Applicant Mary Louise Riser, owner, testified about her passion and investment in restoring the building, emphasizing preservation of historic character. - Chris Fair, representing the applicant, described minimal exterior changes and noted the freestanding sign would aid traffic safety by alerting drivers to the driveway location. Discussion Items - Staff Report: Gabrielle Collard presented the staff report recommending approval of ZBA16-676V. The property is zoned R6 (low-density residential) and houses a nonconforming funeral home converted to a salon/day spa via a 2015 substitution of nonconforming use. The applicant proposed 30.65 sq ft of signage: 2.5 sq ft freestanding sign, 16.49 sq ft attached sign, and 11 sq ft awning sign. Staff found all seven variance criteria satisfied, noting the signage is modest compared to allowances in other districts and unobtrusive to neighbors (rear facade 130 ft and awning 110 ft from nearest residences). - Board Questions: Members asked about visibility of the freestanding sign, the condition of the garage, and clarity of the sign location. The applicant stated the sign would be unobstructed and that the driveway is difficult to see, creating safety concerns. Key Outcomes - The board voted 4–0 to approve ZBA16-676V, granting a variance to allow a total of 30.65 sq ft of signage, including one 2.5 sq ft freestanding sign, a 16.49 sq ft attached sign, and 11 sq ft awning signage, based on staff findings and the board's determination that the variance met all code requirements. - The variance is subject to the conditions described in the staff report and motion.

The City of Frederick Zoning Board of Appeals met on August 23, 2016 at 7:00 PM at City Hall. The board approved minutes from previous meetings and conducted a public hearing on a conditional use application for a 72-bed memory care nursing home facility on a 7.45-acre parcel at the intersection of Gas House Pike and Monocacy Boulevard. Consent Calendar - Unanimous approval (3-0) of the May 24, 2016 meeting minutes as written. - Unanimous approval (3-0) of the June 28, 2016 meeting minutes as written. Public Comments & Testimony No members of the public spoke during the general public comment period or during the hearing on the conditional use case. Discussion Items - ZBA16-589CU – Conditional Use for Nursing Home/Domiciliary Care/Adult Living Facility Staff presented a report recommending approval of the conditional use for a 72-bed memory care facility on Lot 2, Section 1 of the Jenkins Subdivision. The property is zoned MXE (Mixed Employment) and currently designated for commercial use; the proposed use requires reclassification to employment designation, which will be handled during site plan review by the Planning Commission. Staff found the proposal met all criteria under LMC Sections 308, 312, and 841, including compatibility with the Comprehensive Plan, no greater adverse impact than permitted uses, and adequate protections from noise, traffic, and hazards. Two conditions were recommended: final site plan approval (including land use designation change) by the Planning Commission, and issuance of a zoning certificate with construction commencement within two years. The applicant, represented by Noel Manala (Miles & Stockbridge), along with the development team from Buckeye Development and the end user (Poets Walk), presented the project. They highlighted the need for memory care services in the city, the low-intensity nature of the use compared to other MXE-allowed uses, and their commitment to obtaining all required licenses and approvals. Board members asked questions about the building height (40 feet, single story), stormwater management, the number of beds (72, below the maximum 1,081 allowed), safety features for residents, and the need for state and airport approvals. The applicant responded that the facility will have secure courtyards, shallow bioretention ponds, and staff entrances separate from resident areas. No public testimony was offered. Key Outcomes - Motion to Approve Board member Aronow moved to approve the conditional use with the findings and conditions from the staff report. The motion was seconded by Patchen. The board discussed and confirmed the findings: the use is in harmony with the Comprehensive Plan and LMC; it will not generate greater impacts than permitted uses; it will not adversely affect nearby residential areas; the applicant will obtain all required licenses; the location provides adequate protection from noise and traffic; and the proposed 72 beds are well within the density limit. Conditions include final site plan approval by the Planning Commission (including land use designation change) and a two-year deadline for zoning certificate issuance and construction start. - Vote: The motion passed unanimously, 4-0 (members present: Ying, Aronow, Patchen, Butcher; Chair Racheff also present).

The Zoning Board of Appeals met on June 28, 2016, at 7:00 PM at City Hall to consider one conditional use application for a home occupation. The meeting included administrative items, public comments (none offered), and a unanimous vote to approve the request. Consent Calendar - Approval of May 24, 2016 minutes: The board postponed approval because members did not have the minutes available. The motion to postpone until the next meeting passed unanimously. Discussion Items - Case ZB16-452CU – Conditional Use for Home Occupation at 2017 Chamberlain Drive: The applicant, Matt Jones (resident of 2017 Chamberlain Drive), requested conditional use approval to store a utility trailer (approximately 50 square feet) in his attached garage for his hauling business. The property is a single-family detached dwelling in the Tuscarora Creek subdivision, zoned low-density residential (R). The need for conditional use arose because storing the trailer exceeded the criteria for a no-impact home occupation. - Staff Report: Presented by Planner Jeff Love. Staff found that the use met all six criteria under Section 829 of the Land Management Code (LMC): no increased traffic or nuisance; secondary to residential use; no external evidence of business (signage removed from vehicles when parked on the property); no non-resident employees; no deliveries; and compliance with the Comprehensive Plan’s economic development goals. Staff recommended approval with two conditions: (1) apply for and obtain a zoning certificate, and (2) remove all business signage from vehicles when parked on the subject property or within the Tuscarora Creek subdivision. - Applicant Testimony: Matt Jones confirmed the nature of the business (hauling, operated solely by him, mostly off-site) and that the trailer would be stored in the garage. He stated he would remove magnetic door signs from his truck when parked at home. - Board Questions: No additional questions from board members. The chair noted that without the trailer storage, the use would have qualified as a no-impact home occupation. Key Outcomes - Vote on ZB16-452CU: A motion for approval, incorporating the staff’s findings of fact and the two conditions, was made by Mr. Butcher and seconded by Mr. Aronow. The board voted 4–0 in favor (members present: Racheff, Aronow, Butcher, and the alternate Overby? The transcript says

The Zoning Board of Appeals met on May 24, 2016 at 7:00 PM in City Hall. The meeting was scheduled to consider approval of the April 19, 2016 minutes, a conditional use application (ZBA16-314CU) for Vini Culture at 20 North Market Street, and a zoning determination (ZBA16-130) for 17 Western Drive. However, the provided transcript does not correspond to the actual meeting proceedings. It contains an extended promotional narrative about Carroll Creek Park, the Frederick Police Department, and other city features, but no discussion of the listed agenda items, no board member remarks, no public testimony, and no votes. Therefore, no substantive summary of the meeting's business can be derived from the transcript. The agenda indicates that old business was none and that general public comments were scheduled, but no such comments appear in the transcript. Discrepancy Note - The agenda lists specific items (approval of minutes, conditional use hearing, zoning determination), but the transcript is a pre-recorded promotional video rather than a live meeting recording. The transcript does not include any of the board's deliberations, applicant presentations, public comments, or decisions. The minutes were not available for review.

The Zoning Board of Appeals met on April 27, 2016, at 1:00 PM in City Hall. The board approved the previous meeting minutes and heard one conditional use case for a restaurant with entertainment at Lallo's Pizza. After testimony and discussion, the board approved the request with conditions. Consent Calendar - Approval of March 22, 2016 Minutes: The board unanimously approved the minutes from the March 22, 2016 meeting. Discussion Items - ZBA16-139CU – Conditional Use for Restaurant with Entertainment, 5 Willowdale Drive (Lallo's Pizza): The applicant, Juan Rojas, sought conditional use approval to offer entertainment (DJs, live music, karaoke) at his existing pizza restaurant. Staff planner Jeff Love presented the report, noting that the 2013 application was denied due to a separation distance requirement that has since been removed by ordinance G16-8. The property is located 380 feet from the nearest residential property and 460 feet from the nearest residential unit, separated by Key Parkway. The applicant proposed entertainment on Wednesday through Sunday from 9 PM to 2 AM, but staff recommended a 1:30 AM end time to align with Frederick County Liquor Board policies. The applicant demonstrated proactive measures: a certified noise level meter, ID scanner, metal detector, and cooperation with police. The restaurant has 54 dining seats and 10 bar stools (84% table seating). A fire code review revealed that the building lacks sprinklers, which must be addressed separately for a certificate of occupancy. No public testimony was offered. Board members questioned the applicant about compatibility with the neighboring Way Off Broadway Theatre, and the applicant agreed to limit loud entertainment on their show nights. The board praised the applicant's proactive approach. Key Outcomes - Motion to Approve: Member Butcher moved to approve the conditional use with findings that the use complies with the Comprehensive Plan, Land Management Code, and Section 856 criteria. Conditions included: 1) application for a zoning certificate within two years, 2) posting of property with placards detailing conditions, and 3) entertainment must cease at 1:30 AM. The motion was seconded by Member Patchen. - Vote: The motion passed 3-1, with Chair Racheff, Vice Chair Aronow, and Member Sisson voting in favor, and Member Ying voting against. (The transcript indicates four members present; the fifth member was expected but not confirmed present. The vote was taken with four members, and a majority of three approved.) - Additional Note: The board clarified that the zoning certificate will not be issued until fire code compliance is resolved, but the zoning approval is independent of that review.

Date: March 22, 2016 Time: 7:00 PM Location: City Hall, 101 North Court Street, Frederick, MD Broadcast: Channel 99 (cable) and Channel 99 Online The Zoning Board of Appeals held a public hearing on a single new business item: a variance application (ZBA 16-93 V) by Frederick Memorial Hospital to modify sign regulations at 400 West 7th Street. The meeting began with approval of the previous meeting's minutes, a public hearing swearing-in for those testifying, and an opportunity for general public comments (none were offered). The board then heard the staff report and considered four variance requests related to freestanding signage on the hospital's 15.79-acre campus. A motion to approve the first variance was made and seconded; the record does not indicate the final vote on that motion or the board's actions on the remaining variances. Consent Calendar - Approval of Minutes: The board unanimously approved the minutes of the February 23, 2016 meeting as written. Public Comments & Testimony - General Public Comments: No members of the public spoke during the general comments period. - Public Hearing Swearing-In: Individuals intending to testify on the variance case were sworn in. Discussion Items - Case ZBA 16-93 V – Frederick Memorial Hospital (400 West 7th Street): The applicant requested four variances from the Land Management Code (LMC) signage standards in the Institutional zoning district: 1. To allow more than one freestanding sign on a street frontage (Section 604S). 2. To allow three new freestanding signs to exceed the 32-square-foot maximum size (Section 864S). 3. To allow each new freestanding sign to exceed the maximum height of 6 feet, up to 7 feet 4 inches (Table 864-1). 4. To increase the maximum total sign area for the lot from 128 square feet to 812.2 square feet (Table 864-1). The hospital's property includes approximately 700,000 square feet of building area, 940 linear feet of frontage on West 7th Street, and three vehicular entrances. The hospital argued that ongoing expansions (e.g., helipad, parking deck, new main entrance) necessitate improved directional and informational signage, and that the existing restrictive standards create a hardship. Staff recommended approval of the first three variances but recommended denial of the fourth (increase in total sign area) because the applicant's justification was insufficient to meet the required criteria. The board discussed the variances individually. Chair Aronow clarified that the seven findings of fact in the staff analysis correspond to the seven criteria the board must address. A motion was made by Mr. Butcher and seconded by Mr. Patchon to approve the first variance (allowing more than one freestanding sign on a street frontage), with specific findings of fact recited in the motion. The transcript ends before the motion is voted on or further variances are considered. Key Outcomes - Minutes Approved: Unanimous. - First Variance (Multiple Signs): Motion made and seconded; vote result not recorded in the provided materials. - Second, Third, and Fourth Variances: No motion or vote shown in the transcript. Staff had recommended approval of the second and third, and denial of the fourth. - Next Steps: The board may continue deliberation at a future meeting, or the record may be completed once voting occurs.