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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Zoning Board of Appeals Meeting - November 27, 2012

Zoning Board of Appeals — Tuesday, November 27, 2012

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, November 27, 2012

StatusFILED

Video Record

0:00 / 2:39:26

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:19

Good evening, everybody.

0:23

Welcome to the November 27th 2010 meeting of the City of Frederick Zoning Board of Appeals.

0:32

We give you a little background about the board and about our proceedings for this evening before we get started.

0:40

The members of the Zoning Board of Appeals are all volunteers.

0:43

We are appointed by the mayor, and those appointments are confirmed by the Board of Alderman.

0:49

Also participating tonight, and I'll introduce them for your edification.

0:56

On my far right and uh your far left, uh first off, Mr.

1:01

Brandon Mark.

1:02

He is a city of planning planner with the City of Frederick Planning Department.

1:06

Next to Mr.

1:07

Mark is Ms.

1:08

Rachel DePo.

1:09

She is the assistant attorney in the City Attorney's Office.

1:14

Next to Ms.

1:15

DePo is Ms.

1:16

Gabrielle Dunn.

1:18

She is the division manager of current planning with the planning department.

1:22

And also supporting us tonight to my far left and your far right is Ms.

1:28

Lee Ortiz, and she is the office manager with the planning department.

1:31

And she also supports the ZBA's activities.

1:36

A little bit about tonight's proceedings.

1:44

If the applicant is here, if you could just acknowledge that you're present and maybe make your way down towards the front.

2:02

That is one element that we use in our decision-making process, but it is not the only element that we will consider.

2:09

Following the staff report, we'll ask the applicant to give testimony, see if there's anything that they would like to add or elaborate on that's in the staff report.

2:20

Following the applicant's comments, we'll ask for a public comment.

2:24

Anyone wishing to give public comment to the case, we will hear from you.

2:40

If we could try to limit those to about three minutes each, that would be great.

2:45

If there are things where other people have made the same point and you do just want to get up and uh emphasize that you agree with those folks, uh you can definitely do that as well.

2:55

Uh following public comment, we will uh ask the applicant if they have any rebuttal or closing statements they would like to make.

3:03

That'll be the end of our uh public testimony.

3:07

Uh following the close of public testimony, I will call for a motion from the board regarding the case.

3:14

Uh just so everyone is aware.

3:16

Uh according to our rules of procedure for the zoning board, we need four votes in the affirmative to uh pass a motion.

3:24

So a simple three out of five majority does not pass a motion.

3:29

We have five voting members and one alternate on the board.

3:32

Um tonight, uh Mr.

3:34

Kennedy will be the alternate and will not be voting on the cases.

3:38

Uh if you um when you approach the microphone to speak, if we could have your name and your address for the record, uh that would be great.

3:46

If you happen to leave the microphone and then come back for another reason, if we could have your name again, uh that would be helpful.

3:53

All of tonight's proceedings are being recorded, and the reason for that is if anyone is aggrieved by a decision of the zoning board of appeals, they have the right to appeal that decision to the Circuit Court of Maryland.

4:04

And when the judges review the testimony of the case, that helps keep them keep clear whoever happens to be talking at any one time.

4:13

Um is there any questions about tonight's proceedings?

4:18

No.

4:19

If uh you all have any uh cell phones or uh pagers.

4:23

I'm not sure if anybody has pagers these days.

4:25

I'm probably dating myself.

4:27

Uh but uh if you could set those down to vibrate, uh that would be fantastic.

4:31

We've got a couple of housekeeping measures uh on the agenda tonight, and then we'll get started with tonight's business.

4:37

Thank you.

4:41

Board members uh under uh item one board business for tonight.

4:46

Uh first item is uh approval and review of the August 28th, 2012 minutes.

4:51

Uh it was continued from our previous meeting.

4:54

I will entertain a motion.

4:56

Okay.

4:56

Um I move to approve the minutes from August 28th, 2012 as written.

5:02

We have a motion for approval from Ms.

5:04

Colby.

5:04

Do we have a second?

5:09

I'll second.

5:10

Second member, Mr.

Discussion Breakdown — Share of Meeting

Noise Ordinance████████████████████████████████████████████44%

Zoning And Land Use██████████████████18%

Public Safety██████████████14%

Procedural████████████12%

Entertainment Zoning██████6%

Community Engagement████4%

Economic Development██2%

Summary of Proceedings

Zoning Board of Appeals Meeting - November 27, 2012

The City of Frederick Zoning Board of Appeals met on November 27, 2012, to consider a six-month review of compliance for Mysterio Bar and Italian Grill, a request to expand its entertainment hours, and a new conditional use application for Mexicali Cantina. The board also approved minutes and the 2013-2014 meeting schedule.

Consent Calendar

Approved the August 28, 2012 minutes as written.
Continued the October 23, 2012 minutes to December for revision to include testimony from Sergeant Roca.
Approved the 2013-2014 meeting schedule with a change moving the March 26 meeting to March 19 due to Passover.

Discussion Items

Mysterio Bar and Italian Grill – Six-Month Review (ZBA11-277CU)

The board reviewed calls for service since the July 2011 conditional use approval allowing live entertainment on Fridays and Saturdays from 10 PM to 12:30 AM.
Police Lieutenant Grossman reported 16 calls for service, 14 during business hours, with half being noise complaints. Two noise complaints occurred outside permitted hours. Notable calls included a weapon complaint, disorderly conduct, and assault. The officer noted that calls have decreased since a change in management.
Three qualifying calls (bona fide violations under the excessive use of police services ordinance) were recorded since April.
Public testimony: Neighbors expressed concerns about noise, trash, and disorderly conduct, but many acknowledged improvement under new management. The applicant (General Manager Giovanni Faldale) stated they have had only three calls since June and are cooperating with police.
The board decided to take no action at this time but will review again in 12 months, noting the improvement and urging continued vigilance.

Mysterio Bar and Italian Grill – Request to Expand Entertainment Hours (ZBA12-690CU)

The applicant requested expanding entertainment to Thursdays through Saturdays until 2 AM (instead of Friday-Saturday until 12:30 AM).
Staff recommended approval with conditions, but the board heard extensive public opposition from neighbors citing increased noise, trash, and safety concerns.
The applicant argued for equity and need for business viability.
The board voted 4-0 to deny the request, based on findings that the proposal would negatively impact the peaceful enjoyment of adjacent homes (criterion 8) and cause noise and nuisance (criterion 14) under Section 312E.

Mexicali Cantina – Conditional Use for Entertainment (ZBA12-675CU)

The applicant sought approval for a DJ and live music on Saturdays from 10 PM to 2 AM.
Staff recommended approval with standard conditions.
No public testimony was offered.
The board unanimously approved the conditional use with findings that the use complies with Section 856 and that the proposed entertainment will not create adverse impacts if conducted with conditions, including a seating capacity of 80% at tables, quarterly revenue reporting, and automatic revocation for violations.

Key Outcomes

Mysterio Bar's six-month review: No action taken; review to continue in 12 months.
Mysterio Bar's expansion request: Denied (4-0).
Mexicali Cantina's conditional use: Approved (4-0).
The board expressed support for a potential text amendment to the Land Management Code to provide uniform regulations for restaurants with entertainment, to be explored by staff.

Meeting Transcript

Good evening, everybody. Welcome to the November 27th 2010 meeting of the City of Frederick Zoning Board of Appeals. We give you a little background about the board and about our proceedings for this evening before we get started. The 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 Alderman. Also participating tonight, and I'll introduce them for your edification. On my far right and uh your far left, uh first off, Mr. Brandon Mark. He is a city of planning planner with the City of Frederick Planning Department. Next to Mr. Mark is Ms. Rachel DePo. She is the assistant attorney in the City Attorney's Office. Next to Ms. DePo is Ms. Gabrielle Dunn. She is the division manager of current planning with the planning department. And also supporting us tonight to my far left and your far right is Ms. Lee Ortiz, and she is the office manager with the planning department. And she also supports the ZBA's activities. A little bit about tonight's proceedings. If the applicant is here, if you could just acknowledge that you're present and maybe make your way down towards the front. That is one element that we use in our decision-making process, but it is not the only element that we will consider. Following the staff report, we'll ask the applicant to give testimony, see if there's anything that they would like to add or elaborate on that's in the staff report. Following the applicant's comments, we'll ask for a public comment. Anyone wishing to give public comment to the case, we will hear from you. If we could try to limit those to about three minutes each, that would be great. If there are things where other people have made the same point and you do just want to get up and uh emphasize that you agree with those folks, uh you can definitely do that as well. Uh following public comment, we will uh ask the applicant if they have any rebuttal or closing statements they would like to make. That'll be the end of our uh public testimony. Uh following the close of public testimony, I will call for a motion from the board regarding the case. Uh just so everyone is aware. Uh according to our rules of procedure for the zoning board, we need four votes in the affirmative to uh pass a motion. So a simple three out of five majority does not pass a motion. We have five voting members and one alternate on the board. Um tonight, uh Mr. Kennedy will be the alternate and will not be voting on the cases. Uh if you um when you approach the microphone to speak, if we could have your name and your address for the record, uh that would be great. If you happen to leave the microphone and then come back for another reason, if we could have your name again, uh that would be helpful. All of tonight's proceedings are being recorded, and the reason for that is if anyone is aggrieved by a decision of the zoning board of appeals, they have the right to appeal that decision to the Circuit Court of Maryland. And when the judges review the testimony of the case, that helps keep them keep clear whoever happens to be talking at any one time. Um is there any questions about tonight's proceedings? No. If uh you all have any uh cell phones or uh pagers. I'm not sure if anybody has pagers these days. I'm probably dating myself. Uh but uh if you could set those down to vibrate, uh that would be fantastic. We've got a couple of housekeeping measures uh on the agenda tonight, and then we'll get started with tonight's business. Thank you. Board members uh under uh item one board business for tonight.

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