Frederick Zoning Board of Appeals Meeting: JoJo's Restaurant Conditional Use Approval - October 23, 2012
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Frederick Zoning Board of Appeals Meeting - October 23, 2012
The Zoning Board of Appeals met on October 23, 2012 at 7:00 PM at City Hall to consider a single conditional use application for JoJo's Restaurant & Tap House, approve prior meeting minutes, and receive general public comments. The meeting was chaired by Jim Racheff, with all five voting members present. Staff recommendations and public testimony guided the board's deliberations.
Consent Calendar
- Approval of August 28, 2012 Minutes: Motion to table approval to the November 2012 meeting carried unanimously.
- Approval of September 11, 2012 Minutes: Approved as written by a voice vote.
- Approval of October 2, 2012 Minutes: Approved as written by a vote of 5-0.
Public Comments & Testimony
- No general public comments (non-case-related) were offered.
- Sergeant Old Rocka (Frederick Police Department, NAC 11 coordinator) testified in opposition to the requested entertainment hours (1:00 AM close on weekends). He recommended a 11:00 PM end time due to ongoing noise and public order issues downtown, noting that multiple other establishments with 1:00 AM entertainment have contributed to nuisance complaints. He acknowledged the police department's new sound measuring devices and education-first enforcement policy.
Discussion Items
- Case ZBA12-620CU – Conditional Use for JoJo's Restaurant & Tap House (16 E Patrick Street):
- Applicant Jeff Button requested approval for live entertainment (bands, solo acts) on Thursdays, Fridays, and Saturdays from 9:00 PM to 1:00 AM, and other entertainment (karaoke, trivia, open mic) on other evenings from 7:00 PM to 10:00 PM.
- Staff report by Jeff Love found the proposal compliant with Land Management Code Sections 308, 312, and 856, recommending approval with three conditions: (1) submit quarterly revenue statements for one year beginning Q1 2013 to verify that alcohol/entertainment does not exceed 40% of total revenue; (2) apply for zoning certificate within two years; (3) a six-month review of police calls for service to identify any violations.
- Board members questioned the applicant about sound monitoring, seating capacity (87.5% at tables), and prior entertainment at the location. The applicant stated they would purchase a sound meter if needed and would comply with all conditions.
- Debate centered on whether to restrict hours to 11:00 PM (as suggested by police) or maintain the request. Some members expressed concern about fairness to this applicant versus other downtown establishments operating until 1:00 AM. Sergeant Rocka argued for consistency but acknowledged the board's discretion. Applicant noted that most downtown restaurants with entertainment go until 1:00 AM any night of the week.
- A motion for approval with the recommended conditions and the applicant's proposed hours (Thurs-Sat 9 PM-1 AM; other nights 7-10 PM) was made by Ms. Colby and seconded by Mr. Dacey. An amendment to end entertainment at 10 PM Sunday through Thursday was suggested by Mr. Hazlet but withdrawn after discussion. The motion passed with four affirmative votes (4-0).
Key Outcomes
- Conditional use approved for JoJo's Restaurant & Tap House to provide entertainment at 16 E Patrick Street.
- Hours approved: Live music Thursdays, Fridays, Saturdays 9:00 PM to 1:00 AM; other entertainment (trivia, karaoke, open mic) Sunday through Wednesday 7:00 PM to 10:00 PM.
- Conditions:
- Applicant must apply for and receive a zoning certificate within two years, specifying days and times of entertainment.
- Quarterly revenue statements must be submitted to the planning department for one year (starting Q1 2013) to demonstrate compliance with the 40% cap on alcohol/entertainment sales.
- A six-month review of police calls for service will be conducted and provided to the board to monitor potential nuisances.
- Next steps: Applicant to work with staff on revenue reporting schedule; board to receive police call data at the six-month mark.
Meeting Transcript
Good evening, everybody. Welcome to the October 23rd 2012 meeting of the Zoning Board of Appeals. A little background for the folks in the audience tonight. We members of the Zoning Board of Appeals are all volunteers. We are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. There are five voting members of the Zoning Board of Appeals, and we have all five members with us tonight. Also who might be taking uh uh part in uh tonight's activities are some of the city staff that support the activities of the of the zoning board. Um to my right and to your far left, uh all the way on the end is Mr. Jeff Love. Uh he is a uh planner uh with City of Frederick. Next to Mr. Love is Ms. Rachel DePo. She is an assistant uh uh city attorney uh with City of Frederick. And sitting next to Ms. DePo is Ms. Gabrielle Dunn, and she is the current manager now, she's the division manager of current planning. We've got to get shorter titles. That was kind of confusing. For me, not for you guys. Uh and then uh to my far left and to your far right is Ms. Lee Ortiz, she is the office manager for the planning department, and she also supports the zoning board of appeals. Um just for everyone's information, all of tonight's proceedings are being recorded. Um if you uh are going to speak before the zoning board of appeals tonight, the first time when you approach the microphone, uh, we ask that you give us your name and address for the record. Um if you happen to leave and come back to the podium, if we could just uh remind us of your name again. The reason for that is that all of um any decisions of the zoning board of appeals, uh any member who who feels aggrieved by one of our decisions has the right to appeal those decisions to the uh Circuit Court of Maryland. And that one way helps the judge who's reviewing the case identify who happens to be speaking at any time. Proceedings for tonight's uh cases or case. Looks like we only have one on the docket. Uh I'll call your case. Um at that time, I will ask for the staff report. Staff will read the report into the record. At the end of the staff report, they will make a recommendation regarding the case. Um their recommendation is one criteria that the board uh uses in consideration uh in tonight's deliberations, but not the only consideration. Uh following that, we'll ask if the applicant has uh anything to say to elaborate on the staff report or clarify anything that happens to uh have been in the in the staff record. Um following that, we will see if there is any public testimony, anybody from the public who would like to testify regarding the the matter. Following public testimony, we'll give the applicant um a final opportunity for closing remarks. After that, we will close the public testimony um portion of the proceedings. Uh just for everyone's uh information. According to our bylaws, a motion before the zoning board of appeal takes four votes in the affirmative to pass. So we need four out of five votes to pass a simple majority doesn't do. If uh anybody has any uh cell phones, if you could set them to silent or to vibrate, that would be great. Uh do we have any questions about tonight's proceedings? Okay. Uh seeing none, uh, we have a couple of housekeeping matters on the agenda, and then we'll get to tonight's case. Thank you. First order of business uh on the agenda tonight is uh approval and review of the August 28th, 2012 minutes. Members, you have those minutes before you. Um I'd like to move that we table the approval of these minutes to our meeting of November, please. Okay.
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