Zoning Board of Appeals Meeting – December 18, 2012

The Zoning Board of Appeals of Frederick, Maryland, met on December 18, 2012, at 7:00 PM at City Hall. The board approved minutes, heard public comments, and considered two requests: a conditional use amendment to expand entertainment hours for JoJo's Restaurant & Tap House and a variance to subdivide a historic property at 119-125 W. South Street into four fee-simple lots. Both requests were approved unanimously.

Consent Calendar

• Approval of October 23, 2012 Minutes – Motion by board member, seconded, all in favor (unanimous).
• Approval of November 27, 2012 Minutes – Motion by board member, seconded, all in favor (unanimous).

Public Comments & Testimony

• General Public Comments: A member of the public asked whether a speaker must be a city resident to testify. Assistant City Attorney Rachel DePoe confirmed that anyone from the public at large may speak.
• JoJo's Restaurant & Tap House Public Comment:
  • John Brock (Frederick resident) expressed support for the expanded entertainment hours, stating that entertainment is a key factor in choosing where to go downtown and that he would likely go elsewhere on New Year's Eve if entertainment stopped at 10 PM. He noted that the acoustics at JoJo's are well-contained.
  • Darren Wigfield (Frederick county resident) urged the board to support JoJo's because the current owners maintain a reputable atmosphere, unlike past establishments at that location, and that approving the request would help keep the building occupied and prevent a potentially less responsible operator from taking over.

Discussion Items

• ZBA12-620CU – JoJo's Restaurant & Tap House (16 E. Patrick Street)
  • Staff Report (Brandon Mark): The applicant sought to amend a previous conditional use approval (granted October 23, 2012) that restricted entertainment hours to 7–10 PM Sunday–Wednesday and 7 PM–1 AM Thursday–Saturday. The new request would allow entertainment at any time during normal operating hours (Sunday 11 AM–2 AM; Monday–Saturday 11:30 AM–2 AM). Staff found the proposal consistent with the Land Management Code (LMC) and recommended approval with three conditions: (1) obtain a zoning certificate within two years; (2) submit quarterly revenue statements for one year starting in Q1 2013 to ensure alcoholic beverages and entertainment do not exceed 40% of revenue; (3) a six-month review of police calls for service.
  • Applicant (Jeff Button): Presented letters from former residents of the building and an upstairs worker stating they never experienced noise issues. Argued that restricted hours hinder competitiveness (e.g., New Year's Eve 2012 fell on a Monday when entertainment must end at 10 PM) and prevent events like fundraisers with the Frederick Keys. Stated the owners are rule-abiding and willing to comply with conditions.
  • Board Discussion: Board Member Gail Colby highlighted a staff report passage noting that additional conditions beyond LMC criteria should be based on unique property characteristics (e.g., proximity to residences). Chair noted that the six-month police call review condition was included. The board found no evidence of likely nuisance and saw the request as reasonable.
• ZBA12-756V – Variance, 119-125 W. South Street
  • Staff Report (Brandon Mark): The property contains an 1885 building with four residential units (townhome style), each with separate utilities, but legally is a single lot. The applicant requested a variance from the minimum lot width of 15 feet (required in the Downtown Residential (DR) zone) to allow subdivision into four fee-simple lots. The existing lot is 58.95 feet wide; three of the four proposed lots would be 14.48 feet wide (a variance of less than one foot). Staff supported the variance, finding it would enable home ownership, preserve historic structures, and meet all LMC variance conditions.
  • Applicant (Laura Melia, representative): Explained that the subdivision will allow unit owners to purchase their homes, increasing stability and property values. The variance is minimal and necessary because the building’s configuration (party walls) makes it impossible to meet the 15-foot width. The alley provides vehicular access with on-site parking.
  • Board Questions: Board members asked about parking access; the applicant confirmed that cars can use the alley and a portion of the back lot for parking.

Key Outcomes

• ZBA12-620CU (JoJo's) – Approved Unanimously (4-0)
  • Motion by Gail Colby, seconded by Philip Dacey. The board found that the request met all LMC criteria and that no additional conditions beyond staff’s recommendations were warranted. The approval allows entertainment at any time during the restaurant’s normal operating hours, subject to: obtaining a zoning certificate within two years, providing quarterly revenue reports for one year, and a six-month police call review.
• ZBA12-756V (119-125 W. South Street) – Approved Unanimously (4-0)
  • Motion by Gail Colby, seconded. The board approved a variance from the minimum lot width of 15 feet to not less than 14.48 feet for three lots, enabling the subdivision into four fee-simple townhouse units. The findings of fact cited the historic nature of the structure, the practical difficulty of meeting current dimensional requirements, and consistency with the public interest and LMC intent.

No further business was raised; the meeting adjourned.