Public Meetings - Frederick, Maryland

The City of Frederick Zoning Board of Appeals (ZBA) met on September 29, 2015, at 7:00 PM in City Hall, 101 North Court Street. The board considered two major cases: a conditional use application for an adult living facility at 602 Crossover Court (denied) and an intensification of a nonconforming use for a convenience store at 1600 Rosemont Avenue (approved). The meeting also included approval of previous minutes and a postponement of the rules of procedure review. Board Business - Approval of Minutes: The August 25, 2015, minutes were approved as amended to correct the spelling of Ms. Colby's name. The motion carried unanimously. - Rules of Procedure: The review and approval of the ZBA Rules of Procedure was continued to the next regular meeting (October or November) because revisions were not finalized and needed prior public notice. Public Comments & Testimony - General Public Comments: None were offered. - Conditional Use Case (ZBA15-394CU): Nine residents of the Emerald Farm community spoke in opposition to the proposed adult living facility at 602 Crossover Court. Key concerns included: - Incompatibility with the single-family residential character of the cul-de-sac neighborhood. - Increased traffic from staff, visitors, deliveries, and emergency vehicles, which posed safety risks to children playing in the street. - Inadequate on-site parking (only 3 legal spaces) and likely overflow onto the narrow cul-de-sac, blocking driveways. - Potential decline in property values and precedent for other businesses. - Compliance with the Emerald Farm HOA covenants, which restrict use to single-family residential purposes. - Safety issues: eight non-ambulatory residents in a two-story home without a sprinkler system, limited emergency access, and no permanent wheelchair ramp. - Generation of medical waste and trash beyond weekly city pickup. - The applicant's previous facilities in other counties were cited as low-impact, but residents argued this context was different. Old Business: Conditional Use Application – 602 Crossover Court (ZBA15-394CU) - Staff Report: Presented by planner Jeff Love. The property is a 3,428 sq. ft. single-family home on a 16,000 sq. ft. lot in the R6 district. The applicant, Midian All, sought conditional use approval to operate an eight-bed adult living facility (domiciliary care). Staff found all six criteria met and recommended approval subject to conditions: parking must be on-site, and state licenses must be obtained. - Applicant Testimony: Ms. All stated she operates two similar facilities in Montgomery and Frederick counties with no complaints. She emphasized that residents are medically stable, rarely drive, and that only one staff car is present. She noted that group homes with fewer than eight residents are treated as single-family homes under building codes. - Board Deliberation: Board members cited concerns about the cul-de-sac location magnifying impacts on traffic, parking, noise, and neighborhood character. They referenced criteria in LMC Sections 841A and 312 (items 1, 3, 8, 10, 11, 13) regarding adverse effects on residential character, peaceful enjoyment, and property values. A motion to deny was made and seconded. - Vote: 4–0 in favor of denial. The application was denied. New Business: Intensification of Nonconforming Use – 1600 Rosemont Avenue (ZBA15-633NCU) - Staff Report: Presented by Jeff Love. The Sheets convenience store with gas sales is a legally nonconforming use in the NC (Neighborhood Commercial) district. The applicant proposed a 509 sq. ft. addition to create indoor seating for customers, within the existing developed area of the site. Staff found that the intensification met all criteria: it did not expand beyond historic boundaries, did not change the use character, and was integral to the existing convenience store. Staff recommended approval with the condition that final site plan approval and building permits be obtained within two years. - Applicant Testimony: Represented by attorney Dave Severn and engineer Brian Soyka. They described the addition as part of a broader store remodel to improve customer convenience and update the facade. The addition would replace an existing patio area, adding no new impervious surface. They noted that the store already has 33 parking spaces, sufficient for the expansion. - Public Comments: None were offered. - Board Deliberation: Board members noted the simplicity of the expansion and found no significant concerns. A motion to approve with the staff-recommended findings and conditions was made and seconded. - Vote: 4–0 in favor of approval. The intensification of nonconforming use was approved. Key Outcomes - 602 Crossover Court (ZBA15-394CU): Conditional use for an adult living facility was denied (4–0). The board found that the proposal would adversely affect the character of the residential neighborhood, particularly due to the cul-de-sac location and associated traffic, parking, and safety issues. - 1600 Rosemont Avenue (ZBA15-633NCU): Intensification of nonconforming use for a convenience store addition was approved (4–0). The approval is subject to obtaining final site plan approval and a zoning certificate/building permit, with construction to commence within two years.

The Zoning Board of Appeals (ZBA) of Frederick, Maryland, held its regular meeting on Tuesday, August 25, 2015, at 7:00 PM at City Hall. The board approved the July 28, 2015 meeting minutes, elected a chairman and vice chairman, continued one conditional use case to September 29, 2015, and began a detailed review of the proposed revised Rules of Procedure. The meeting adjourned before Zoning Determinations on the agenda were addressed. Consent Calendar - Approval of July 28, 2015 Minutes: The board approved the minutes as written via voice vote. The chairman and another member abstained because they had missed the July 28 meeting. Public Comments - No members of the public offered general comments on zoning matters. Old Business - ZBA15-394CU – 602 Crossover Court: The applicant requested a 30-day continuance to the September 29, 2015 ZBA meeting. Staff explained that the property had not been posted in accordance with Section 301 of the Land Management Code (LMC), making the hearing improper without proper notice. This is the second continuance; no limit exists in current rules, but a continuation beyond 90 days would require new notice. A representative of the "Annual Farm Community Levels Association" (transcript name; likely the "Carrollton Manor" or similar community association) attended, noting strong community interest. The board voted unanimously to grant the 30-day continuance. Discussion Items - Revision of ZBA Rules of Procedure: Staff presented draft rules originally written in 2010, updating the existing rules dated July 9, 1998. Key points discussed: - Field trips / site visits: Members debated whether site visits should be required. Some argued they are valuable for context (e.g., the West Patrick Street outdoor lift case), while others felt they should not be a prerequisite and that members should be encouraged, not required, to visit sites individually or as a group. The consensus was to include discretionary language encouraging site familiarity without mandating attendance. - Swearing of witnesses: The draft would require swearing in witnesses, a practice the board has historically not followed; the planning commission and HPC now do this. - Cross-examination: To align with a recent appeals ordinance amendment, the rules must include cross-examination procedures. - Abstention: Proposed language would treat an abstention as a "no" vote; members discussed tie-vote scenarios. - Alternate member participation: A proposed rule would limit alternates to participating only in cases where they will vote. Some board members argued alternates should be able to ask questions and participate in discussions, similar to staff, though not vote. - Quorum: The appeals text amendment establishes a quorum of four voting members (the draft said three); staff will correct this. - Secretary position: The board likely will eliminate the secretary role because staff supports the ZBA and minutes are recorded; no final decision yet. - Zoning Determinations (ZD-15-48, ZD-15-58, ZD-15-61): These items were on the agenda but were not reached before adjournment. Key Outcomes - Approved the July 28, 2015 minutes with abstentions. - Re-elected Jim Racheff as Chairman and elected another member (identified in the transcript as "Ms. Colby") as Vice Chairman. The secretary position was deferred pending rules revision. - Granted a 30-day continuance for ZBA15-394CU to September 29, 2015. - Directed staff to revise the draft Rules of Procedure based on the board's discussion, circulate them, post them for public notice, and return them for adoption at the September meeting. - No zoning determinations were made. Note The meeting transcript contains several garbled or inaccurate speaker names (e.g., "Mr. Patchen," "Mr. Butcher," "Dr. Ying") that do not match the agenda's list of ZBA members (Jim Racheff, Lawrence Aronow, Bob Sisson, Dixon Hicks, Stephen Colar, Lee Hand). The summary above therefore generally refers to board members collectively. Additionally, staff names in the transcript ("Ms. DeHilk," "Gabrielle Dunn") differ from the agenda's listing (Gabrielle Collard).

The Zoning Board of Appeals (ZBA) of Frederick, Maryland, met on Tuesday, July 28, 2015, at 7:00 p.m. at City Hall. Chair Jim Racheff was absent for the first time in 11 years; member Gail Colby chaired the meeting. Two regular members were missing, so alternate Larry Aronow served as a voting member. The board approved minutes from June 23, 2015, postponed officer elections, heard and approved two conditional use applications, and continued a third due to improper public notice. Consent Calendar - Approval of Minutes (June 23, 2015): Unanimously approved with one abstention from a member not present at that meeting. - Board Elections: Postponed to the August 25, 2015 meeting due to lack of a quorum (motion passed unanimously). Public Comments & Testimony - No general public comments were offered regarding the ZBA process. - For the 2132 Infantry Drive case, James McGarrin (NAC3 board member) attended but did not provide substantive comment; he mentioned a question he later forgot. Discussion Items - Update on Rules of Procedure: Member Bob Sisson announced plans to schedule a workshop to update the rules of procedure (last revised in 1998) following the recent text amendment on appeals. This was discussed informally while waiting for staff. New Business Cases ZBA15-465CU, Conditional Use – 6 South Bentz Street (Restaurant with Entertainment) - Applicant: Michael Long, 109 Mason Place, Boonesboro, MD – owner of the establishment (formerly Bent Street Sports Bar, Raw Bar, Raw Barn Grill). - Staff Report (Gabrielle Collard, Jeff Love): Recommended approval. The restaurant offers unpackaged food at tables (80.3% of 117 seats at tables – 94 table seats vs 23 bar seats). Entertainment (bluegrass, Americana, folk) is conditional; alcoholic beverage and entertainment revenue must not exceed 40% of quarterly total. The property is in the DB zone, so parking and proximity rules do not apply. Noise must comply with city code §15-21. The liquor board requires entertainment to cease by 1:30 a.m. - Applicant Statement: Previously owned Bushwallers for 12 years with live music five nights a week; only two noise complaints in that period (due to doors being left open). He tested the acoustics at the new location and stated music is difficult to hear outside. - Board Discussion: No public comment. Board members noted the site’s history of entertainment and lack of noise issues. - Vote: Unanimous approval (4-0) with two conditions: (1) apply for zoning certificate within two years, (2) submit quarterly revenue statements for one year starting Q4 2015. ZBA15-456CU, Conditional Use – 2132 Infantry Drive (Home Occupation for Firearm Sales and Repair) - Applicant: Robert Jacobs, 2132 Infantry Drive, Frederick, MD. - Staff Report (Jeff Love): Recommended approval. The property is in an R4 district; home occupations are conditional. The business will use 50 sq ft (well under the 300 sq ft/20% limit). No customers will visit; only occasional FedEx/UPS deliveries (one daily maximum). No external evidence of business. No employees besides the resident. Staff added a condition requiring documentation of state/federal licenses within one year (since the applicant needs ZBA approval first). - Applicant Statement: Business involves firearm sales and minor repairs (modifications, not manufacturing). Background checks are performed via ATF hotline. No ammunition sales. Testing at gun ranges. Federal license (ATF) pending; Maryland State Police licensing also required. - Board Questions: Clarified nature of repairs, testing locations, sales channels (gun shows, online, dealer-to-dealer). Applicant confirmed no customer visits, no external signage, and that children play in the neighborhood – transparency is important. - Public Comment: None substantive. - Vote: Unanimous approval (4-0) with two conditions: (1) zoning certificate must be obtained, (2) if violations occur, approval automatically revoked; (3) documentation of all required licenses must be submitted within one year. ZBA15-394CU, Conditional Use – 602 Crossover Court (Nursing Home/Adult Living Facility) – Continued - Reason: During the board’s site visit on July 24, 2015, it was discovered the property was not posted with a public notice sign as required by the Land Management Code. The owner had posted the sign on Prospect Hall (a different road) thinking it would get more visibility, but it did not comply with regulations. The board voted to continue the case to the August 25, 2015 meeting to allow proper posting. - Motion: Approved unanimously to continue. Key Outcomes - Approved Conditional Use – 6 South Bentz Street: Unanimous approval for restaurant with entertainment (bluegrass/Americana/folk) subject to revenue reporting and noise compliance. - Approved Conditional Use – 2132 Infantry Drive: Unanimous approval for home occupation (firearm sales and repair) with conditions including license documentation within one year. - Continued – 602 Crossover Court: Continued to August 25, 2015 due to improper public notice. - Election of Officers: Postponed to the August 25, 2015 meeting. - Rules of Procedure Update: A workshop will be scheduled in the coming months.

The Zoning Board of Appeals met on June 23, 2015, at 7:00 PM at City Hall. The board approved the April 28 minutes (with one abstention), postponed officer elections to the next meeting, and held a public hearing on a conditional use application for a telecommunications facility at 351 Ballenger Center Drive. After considering the staff report and applicant testimony, the board unanimously approved the application with conditions. Consent Calendar - Approval of Minutes: The board approved the April 28, 2015 meeting minutes with a voice vote (one abstention from member not present at that meeting). - Board Elections: A motion to postpone the election of chair, vice-chair, and secretary to the next regular meeting was approved unanimously. Public Comments - No members of the public spoke during the general public comment period or on the new business case. Discussion Items: ZBA15-357CU – 351 Ballenger Center Drive - Applicant: Verizon Wireless (represented by Kathy Borton, Law Offices of M. Greg Diamond PC) requested conditional use approval for a 90-foot tall monopole telecommunications tower and a 50' x 50' fenced equipment enclosure on the property of the Frederick News-Post, zoned MO (Manufacturing Office). - Staff Report: Gabrielle Dunn, Division Manager for Current Planning, presented the staff analysis and recommendation for approval. She found the proposal consistent with the Comprehensive Plan and Land Management Code, meeting all 14 criteria for conditional use. Key findings: the monopole would be set back 93.5 feet from the nearest property line (exceeding the required distance equal to its height); the site was chosen after a diligent search for co-location opportunities (no suitable existing towers within the coverage gap); a balloon test and photosimulations showed minimal visual impact; the facility would be designed for two carriers (Verizon plus one future carrier) and would comply with FCC radio frequency safety standards; all necessary permits and approvals (including Maryland Aviation Administration clearance) would be obtained prior to construction. - Applicant Testimony: The applicant confirmed the application and accepted staff's recommended conditions. Technical experts were present to answer questions about site selection and generator specifications. - Board Questions: Members asked about the generator (10 kW backup, diesel, self-contained) and clarified a minor discrepancy on fence height (7 feet total, including 1 foot of barbed wire). The applicant explained that the site fills a coverage gap in the "hole of the donut" between existing Verizon towers, and the location on a commercial/industrial property near the highway minimizes impacts. Key Outcomes - Motion for Approval: Member Butcher moved to approve the conditional use based on 15 findings of fact and three conditions. The motion was seconded by Member Patchon. - Vote: The motion passed unanimously (4-0). All voting members present voted in favor. - Conditions of Approval: 1. Applicant must receive all necessary Maryland Aviation Administration approvals. 2. Applicant must submit and receive approval of a final site plan. 3. Applicant must obtain a zoning certificate establishing the use within two years, or the approval becomes void.

The City of Frederick Zoning Board of Appeals met on April 28, 2015 at 7:00 PM at City Hall. The board considered two main items: approval of minutes from March 24, 2015, a final written opinion on an appeal concerning Frederick High School (old business), and a request for substitution of nonconforming use for a salon/day spa at 1201 North Market Street (new business). Public comments were heard on the new business item. The board approved both items with votes of 5-0 and 4-0 respectively. Consent Calendar - Approval of March 24, 2015 Minutes: The board voted 5-0 to approve the minutes from the March 24, 2015 meeting. Public Comments & Testimony - Gail Bradley (NAC 7 coordinator, resident of West 12th Street): Expressed concerns about increased daily traffic and parking impacts from the proposed salon compared to the occasional use of the funeral home. Noted that West 12th Street is already used by school buses, park overflow, and synagogue traffic, and parking on both sides would make the street impassable. Urged consideration of peaceful enjoyment and fire/rescue access. - Mike Bradley (resident of West 12th Street): Supported the applicant's sincerity but raised concerns about parking enforcement, staff numbers, and potential future nonconforming uses. Emphasized the need for protections for residents. - Jeff Arnt (resident of 1326 North Market Street): Had no issues with the proposed use but expressed concern that approving a less intensive nonconforming use would lower the bar for future substitutions. - Charles Reiser (applicant’s son): Defended the applicant’s track record and noted that on-site parking is sufficient for current employee and client load. Emphasized the family’s commitment to restoring old properties. Discussion Items - Old Business – ZBA14-761A (Frederick High School Appeal): The board reviewed a draft final written opinion on findings of fact from the previous meeting. Staff attorney Rachel DePo noted two minor corrections: change language from “rebuilt in the same location” to “relocated on the same property” and update a citation from LMC 315E to LMC 301. The board agreed to these changes. The opinion affirmed the Planning Commission’s approval of the subdivision plat, finding that notice signs were properly posted and that LMC Section 507D (common access/usage) did not apply to a consolidation plat. Chair Racheff also commented on recent legislation transferring appeal authority to circuit court, noting concern about implications for citizen boards. - New Business – ZBA15-178NCU (1201 North Market Street): A request to substitute the existing nonconforming funeral home use with a hair salon and day spa. Staff planner Jeff Love presented the staff report, recommending approval subject to conditions. The applicant’s representative, David Severn, argued the proposed use is less intensive than a funeral home in terms of traffic, noise, and other impacts. Applicant Mary Louise Riser testified about her business experience and plans to restore the property. Traffic consultant Mike Workowski compared trip generation, concluding peak-hour trips would be lower for the salon and that large funeral services often cause road closures. Board members discussed parking concerns; Chair Racheff suggested conditioning that staff park on-site first, but the board did not adopt that condition. The motion to approve included findings consistent with the staff report and a condition that the applicant obtain a zoning certificate by June 30, 2015. Key Outcomes - ZBA14-761A (Frederick High School Appeal): The board voted 4-0 to approve the final written opinion with amendments (language change to “relocated on the same property” and citation corrected). The opinion affirms the Planning Commission’s approval of the subdivision plat. - ZBA15-178NCU (1201 North Market Street): The board voted 4-0 to approve the substitution of nonconforming use for a hair salon and day spa, subject to the condition that the applicant apply for and receive a zoning certificate/building permit by June 30, 2015, or the nonconforming use will cease. The board found the use to be in harmony with the comprehensive plan, that compliance with LMC Section 905C ensures no greater adverse impact, and that the proposed use has same or lesser effects than the existing funeral home. - Retirement Recognition: Chair Racheff recognized Mr. Kennedy, who is retiring from the Zoning Board of Appeals after service since 1999.

Meeting Overview The Zoning Board of Appeals (ZBA) convened on March 24, 2015 at 7:00 PM in City Hall to consider one appeal (ZBA14-761A) filed by Carroll Parkway LLC against the Planning Commission's August 11, 2014 approval of a final subdivision plat for the new Frederick High School and West Frederick Middle School at 650 Carroll Parkway and 515 West Patrick Street, Frederick, MD. The appeal argued procedural errors regarding public notice signage and a failure to require a shared driveway agreement under Section 507D of the Land Management Code (LMC). Oral arguments were presented by the appellant, the Board of Education of Frederick County (respondent), and the Planning Commission. The ZBA took a straw poll indicating its intention to deny the appeal, with formal findings to be adopted at the April 2015 meeting. Consent Calendar - Approval of Minutes: The board unanimously approved the February 24, 2015 meeting minutes. Public Comments & Testimony - No public comments were offered during the designated period. Discussion Items - ZBA14-761A – Appeal of Subdivision Plat for Frederick High School - Appellant’s Argument (Paul Flynn, representing Carroll Parkway LLC): - The appellant owns the Parkview Apartments, which have used Grove Boulevard as their sole access since 1950. The Board of Education (BOE) plans to demolish the curb at the dead end of Grove Boulevard, pave a grassed area, and use a private right-of-way/ easement to access the school site. This would force Parkview residents to share their private driveway with construction traffic and later school buses. - Signage Violation (Section 301 LMC): The appellant argued that the BOE failed to post a required public notice sign within view of Grove Boulevard for the mandatory 15-day period before the August 11, 2014 Planning Commission hearing. Although a sign was eventually placed near the tennis courts, it was not in place for the full 15 days. The appellant contended that the LMC definitions (Section 1002) require signs on all street frontages, and because Grove Boulevard is treated as a public thoroughfare in the BOE's proposal, a sign should have been posted at its dead end. The appellant noted that they objected to the signage on August 1, 2014, before the hearing. - Section 507D Violation: The appellant argued that the LMC requires a written recorded agreement binding all present and future property owners to ensure common access and shared usage of the driveway (Grove Boulevard). No such agreement exists between the BOE and Carroll Parkway LLC regarding maintenance, liability, or shared use. The appellant asserted this is a legal error, not a factual dispute, and thus no deference is owed to the Planning Commission’s interpretation. - Respondent’s Argument (David Severn & Ian Bartman, representing Frederick County Public Schools): - The BOE emphasized that this is a consolidation plat (erasing a lot line between two BOE-owned parcels), not a typical subdivision. The appeal is overly technical and ignores the BOE’s extensive community outreach (open houses, surveys, social media) well before the hearing. - Signage Compliance: The BOE posted initial signs on May 12, 2014, and replaced them with updated signs on July 24, 2014 (18 days before the hearing, exceeding the 15-day requirement). A sign on Carroll Parkway (the only public street frontage of the BOE property) was maintained throughout. A storm damaged the sign on July 30, but the BOE repaired it by August 4, demonstrating diligent maintenance. The BOE also placed an additional sign near the tennis courts on August 6 as a courtesy. The BOE argued that requiring 24/7 surveillance is impractical and that substantial compliance is sufficient under Maryland law. The Planning Commission’s deputy director confirmed the signs met LMC requirements. - Section 507D Inapplicable: The BOE argued that 507D addresses subdivision of a single parcel into multiple lots, not consolidation. The recorded easement (resulting from a 1957 condemnation) already grants access, and no agreement with an adjoining owner is required for erasing a lot line. The site plan approval, not the subdivision approval, is the proper venue to address shared access concerns. - Planning Commission’s Position (Scott Waxter): - The Planning Commission argued that the appeal raises only two narrow legal questions: (a) whether a sign was required on Grove Boulevard, and (b) whether a 507D agreement was required. The Commission defended its decision, stating that the signs were properly posted on the BOE’s only street frontage (Carroll Parkway) and that Grove Boulevard is a private right-of-way, not a public street, so no sign was needed there. Even if the appellant’s interpretation were accepted, the BOE did post a sign for the Carroll Parkway frontage, satisfying Section 301. Regarding 507D, the Commission argued the section is meant for subdivisions that divide land and affect common access among future owners, not for consolidations or for binding non‑owners like Carroll Parkway LLC. The site plan, which addresses bus and construction traffic, is the appropriate vehicle for access concerns. - Mr. Waxter also noted that the ZBA’s review is limited to the record; the board is not to re‑weigh facts but to determine legal error. He urged deference to the Planning Commission’s reasonable interpretation of the LMC. Key Outcomes - After deliberation, the ZBA members expressed a straw poll consensus to deny the appeal and affirm the Planning Commission’s decision. - Members agreed that the signage requirements were substantially met and that the BOE acted diligently to maintain signs. The board found that a sign on Grove Boulevard was not required because it is a private road, and even if it were a public street, the BOE had posted a sign on its Carroll Parkway frontage as required. - The board concluded that Section 507D does not apply to a consolidation plat and that the issue of shared access and usage of Grove Boulevard should be addressed at the site plan stage, not the subdivision/consolidation stage. - The formal written decision with findings will be drafted and presented for adoption at the Zoning Board of Appeals meeting on April 28, 2015.

Note: The agenda and transcript indicate the meeting was held on February 24, 2015, but per the user's instruction, the date is listed as February 25, 2015. The Zoning Board of Appeals (ZBA) met on February 25, 2015, to approve minutes, hear general public comments, and finalize a decision on appeal ZBA14-491A regarding the North Montevue Campus/Citizens Nursing Home. The board voted 4-0 to adopt its findings and order, affirming the Planning Commission's decision. Consent Calendar - Approved the minutes of the January 27, 2015 meeting unanimously. Public Comments & Testimony - A speaker from 133 West Third Street, a member of the Fort Dietrich Restoration Advisory Board, reported that the Environmental Protection Agency (EPA) has acknowledged contamination issues and will issue provisions of control on properties adjoining Area B. The speaker stated he will distribute the meeting minutes and associated slideshow to the board via staff. Discussion Items - Supplemental Memorandum: The board declined to accept a supplemental memorandum submitted by the appellant's attorney, Mr. Flynn, because the special rules of procedure do not provide for submission of additional materials after the record is closed. The board did not take a formal vote; the item died without a motion. - Ex Parte Communication Disclosure: The chair asked members to disclose any informal conversations about the case. One member mentioned talking to Don Linton, a friend from Sunday school, but stated they did not discuss the case. - Draft Decision for ZBA14-491A: The board reviewed a draft decision reflecting a split vote on the appeal. The majority (three members) found that the Planning Commission had sufficient evidence to support its decision, and the board could not substitute its judgment. The minority (two members) disagreed, finding that the application was incomplete when considered by the Planning Commission. The board discussed and agreed to two amendments: - Add a sentence acknowledging that the incomplete application issue was resolved (the application became complete by the time the appeal reached the ZBA). - Delete the word "so" from a sentence on page three of the draft to improve clarity. Key Outcomes - The board voted 4-0 to adopt the findings, conclusions, decision, and order as amended. The decision affirms the Planning Commission's decision on the North Montevue Campus/Citizens Nursing Home appeal (ZBA14-491A). Because four votes are required to reverse a Planning Commission decision and only three members voted to affirm, the effect is that the appeal is denied and the Planning Commission's decision stands. The minority opinion is included in the document. - No new business was presented or discussed. - The meeting adjourned after the vote.

The meeting was held on January 27, 2015, from 7:00 PM to approximately 9:53 PM at City Hall. The board considered two items: a conditional use application for small cell antennas and an appeal of a Planning Commission subdivision approval. The board also approved minutes and the 2015-2016 deadline schedule. Consent Calendar - Approval of November 25, 2014 Minutes: Approved unanimously by voice vote. - Approval of 2015-2016 Zoning Board of Appeals Deadline Schedule: Approved as amended to move November and December meetings one week earlier (November 17 and December 15, 2015) to avoid holidays. Approved unanimously. Public Comments & Testimony - George Rudy (133 W. 3rd Street) spoke during general public comment about environmental concerns related to the Montague property and pollution from Fort Dietrich. The chair stated that comments not related to specific cases would not be considered in the board's deliberations on the pending cases. Discussion Items - ZBA14-1006CU – Conditional Use for Small Cell Antennas at 797 East Patrick Street (Frederick Fairgrounds): The applicant, Verizon Wireless, proposed installing four small cell antennas on existing 30-foot utility poles. Staff recommended conditional approval. Board members discussed structural engineering concerns, and the applicant's representative noted that poles would be replaced prior to installation. Public testimony raised health concerns about RF radiation. The board granted conditional approval with conditions including a structural analysis and necessary approvals. - ZBA14-491A – Appeal of Planning Commission Approval of Subdivision for North Montevue Campus/Citizens Nursing Home: The appellant argued that the Planning Commission failed to adequately consider the comprehensive plan, particularly Chapter 11 (Housing) regarding housing for the elderly and poor. The appellant sought reversal of the subdivision approval. The county and Planning Commission argued that the subdivision met all requirements and that the board should defer to the Planning Commission's decision. After deliberation, the board split 3-2 on whether the Planning Commission's findings were sufficient. The board needed four votes to reverse the Planning Commission's decision; with only three votes for reversal, the appeal failed, and the subdivision approval stands. Key Outcomes - ZBA14-1006CU: Approved (4-0) with conditions: (1) provide updated lease/letter of intent, (2) obtain all necessary FAA/MAA approvals, (3) provide a structural analysis for the poles, and (4) obtain a zoning certificate within two years. - ZBA14-491A: The appeal was not sustained because the board lacked the required four votes to reverse the Planning Commission's decision. The board will draft a written decision reflecting the split and will finalize it at the February meeting.

The Zoning Board of Appeals held a regular meeting on November 25, 2014, at 7:00 PM in City Hall. The board approved the previous meeting minutes, postponed an appeal case, and considered one new conditional use application for a property at 8410 Broadband Drive. The board unanimously approved two conditional uses: an accessory apartment and accessory retail sales, subject to compliance with Land Management Code criteria. Consent Calendar - Approval of October 28, 2014 Minutes: The board approved the minutes of the October 28 meeting as written by a voice vote (all in favor, none opposed). Public Comments & Testimony - No members of the public provided general comments or testimony on the case before the board. Discussion Items - Old Business – Appeal Postponement: Chair Racheff noted that an appeal regarding the Montevue Campus/Citizen’s Nursing Home (ZBA14-491A) had been postponed at the request of the parties involved and would be scheduled for the December 16, 2014 meeting. - New Business – Conditional Use Application (PZ14-897CU): The applicant, Mark Viani (attorney for Public Storage), requested two conditional uses for 8410 Broadband Drive in the Riverside Corporate Park: an accessory apartment (caretaker’s quarters) and accessory retail sales (packing supplies related to self-storage). Staff planner Jeff Love presented the staff report, recommending approval of both uses based on compliance with Sections 801 and 812 of the Land Management Code. The applicant confirmed that the apartment would be about 954 square feet, the retail space under 600 square feet, and that the uses would provide added security. The board asked clarifying questions about flood insurance and site plan integration. No public testimony was given. The applicant expressed agreement with staff’s findings and the condition that a zoning certificate be obtained within two years. Key Outcomes - Motion to Approve Accessory Apartment (Section 801): Moved by Mr. Butcher, seconded by Ms. Colby. The board voted 4-0 in favor (Dr. Ying, Ms. Colby, Mr. Patton, Mr. Butcher voting “for”). The conditional use was granted. - Motion to Approve Accessory Retail (Section 812E): Moved by Mr. Butcher, seconded by Ms. Colby. The board voted 4-0 in favor. The conditional use was granted. - Condition of Approval: The applicant must obtain a zoning certificate for both uses within two years of the board’s decision, or the approval becomes void. - Next Steps: The applicant will continue with the final site plan and architectural review processes. The board adjourned to its next meeting on December 16, 2014.