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Record of Proceedings

Zoning Board of Appeals Meeting - February 26, 2013: Variance Approval for 706 West Patrick Street

Zoning Board of Appeals — Tuesday, February 26, 2013

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, February 26, 2013

StatusFILED

Video Record

0:00 / 49:51

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

0:12

February 26, 2013 meeting of the Zoning Board of Appeals of the City of Frederick.

0:18

For anyone who might be new tonight, I'll go over a little background on the zoning board of appeals and go through uh what our process will be tonight.

0:27

Um see if you have any question, uh, and then after that, we'll get on with tonight's agenda.

0:32

Um Board of Zoning Appeals, we're all residents of the City of Frederick, and we're all volunteers.

0:37

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

0:43

Um addition to the um members of the board, uh we have staff who may be assisting us in speaking during tonight's cases.

0:52

Uh so for um your uh clarification uh to my far right and your far left, we have Ms.

0:59

Rachel DePo.

1:00

She is an assistant attorney with the City of Frederick.

1:03

Next to Ms.

1:04

DePoe is Ms.

1:05

Gabrielle Dunn, she is the current manager of division planning.

1:12

And to my far left and your far right is Ms.

1:15

Leah Ortiz, she is the office manager for the planning department, and uh as among her many duties, she supports the zoning board of appeals in our activities.

1:24

Uh a little bit about tonight's process.

1:27

Um I will call your case, and when I do, um I normally say you can work your way down to the front of the room, but I can see that uh you're already there.

1:36

Um I'll ask for the staff report to be read into the record.

1:41

Uh at the end of the staff report, the staff will make a recommendation or recommendations regarding the case.

1:47

That is one element that we will use in our deliberations tonight, but it's not the only element that we'll use making our decision.

1:54

Uh we'll then ask the applicant if they have anything to add uh to the case, anything to clarify, or that they may uh want to elaborate on.

2:02

After that, we'll see if there's any public comment regarding this particular case.

2:08

Following public comment, we'll give the applicant uh final opportunity to come up and make any closing remarks they make.

2:15

Uh at that point um we will close public comment and I will call for a vote for the board.

2:22

Um just for uh clarification, our zone our uh rules of procedure require four out of the five members present uh to vote in favor of a motion in order for that motion to pass.

2:33

So a simple majority of three to the five uh does not pass a motion.

2:37

We need four uh to do that.

2:40

Um you approach the microphone tonight, if we could have your name and address uh for the record, that would be great.

2:47

Uh reason for that is all tonight's proceedings are recorded.

2:50

Anyone who feels aggrieved by decision of the zoning board of appeals uh has the opportunity to appeal that decision to circuit court.

2:57

And when the judge who's reviewing the case listens back to the tape, uh that helps him distinguish or her distinguish who may be speaking at any uh one particular time.

3:08

Um if we have any cell phones, if we can sit uh silence them or put them to vibrate, that would be great.

3:16

Uh and are there any questions about tonight's proceedings?

3:22

No?

3:23

All right.

3:24

Uh we have a couple of housekeeping uh matters uh to start off the agenda tonight, uh, and then we'll get on with tonight's case.

3:32

Members of the board, first uh order of business tonight is uh review and approval of the December 18th, 2012 minutes.

3:40

I believe that you have those minutes before you, and I'll entertain a motion.

3:44

I move to approve um the minutes from December 18th, 2012 as written.

3:50

We have a motion to approve for Ms.

3:52

Colby.

3:53

Do we have a second?

3:54

Sure, I'll second.

3:55

Second by Mr.

3:56

Hazlitt.

3:57

Uh all those in favor signify by saying aye.

3:59

Aye.

4:00

Any opposed?

4:02

No, but uh Ms.

4:03

Ortiz, I'm abstaining.

4:04

I didn't attend the meeting on December uh 18th.

4:07

So the meeting minutes are approved as uh written.

4:14

Second order are on the I second uh item on the agenda tonight is general public comment uh regarding zoning.

4:22

Um if you happen to have anything that's not related to a particular case and you want to just talk about zoning, this is the opportunity uh that you have each month in the city of Frederick to do so.

4:31

Uh but I don't think that we do tonight, and seeing uh that, which is quite normal.

4:37

Uh we will move on to uh item number three, which is our new business.

4:42

Uh our uh only case tonight is case ZBA 1352V for variance at 706 West Patrick Street.

4:52

Stun, do you have the staff report?

4:54

Thank you.

4:55

I would just note the entire staff report is being entered into the record.

4:58

Uh the property is zoned RO, which is residential office.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████55%

Procedural████████████████20%

Accessibility█████████11%

Economic Development███████8%

Parking Policies█████6%

Summary of Proceedings

Zoning Board of Appeals Meeting – February 26, 2013

The Zoning Board of Appeals of the City of Frederick met on February 26, 2013, at 7:00 PM in the City Hall Boardroom. The sole contested item was a variance request for a property at 706 West Patrick Street. The board voted 4–0 to approve the variance, allowing the applicant to connect an existing garage to the principal structure for a commercial office conversion. The meeting also included approval of prior minutes, a farewell to a departing board member, and an announcement of the next meeting date.

Consent Calendar

Approval of December 18, 2012 Minutes – Approved as written. One member abstained due to absence at that meeting.

Public Comments & Testimony

Richard Griffin, Director of Economic Development, spoke in support of the variance. He argued that the existing garage constitutes a unique condition on the property, the adaptive reuse supports job creation and neighborhood stabilization, and the proposal meets the criteria for a variance. He noted the city’s desire to retain and attract businesses.

Discussion Items

ZBA13-52V – Variance, 706 West Patrick Street – The applicant, Lorreen Pragenzer, requested a variance to reduce the required interior side setback from 10 feet to 1.8 feet along the eastern lot line. The purpose is to connect an existing three-car brick garage (built between 1970 and 1983, no building permit found) to the principal dwelling as part of converting the property from residential to a professional office. The connecting addition would house an accessible bathroom and wheelchair lift (required by ADA).
- Staff recommendation: Not in support. Staff found the lot dimensions are not exceptional; the garage’s nonconformity does not constitute an extraordinary condition; alternatives exist (demolish garage and build a compliant addition). The variance would perpetuate a nonconformity and is not the minimum necessary if the garage is not considered a fixed constraint.
- Applicant’s testimony: The garage is a fixed, well-built structure that would be reused as office/training space. Demolishing it would be financially wasteful, eliminate turning space for a handicapped van, and remove a fence-like buffer for the neighbor. The proposed addition is the only feasible way to meet ADA requirements while preserving the residential streetscape from the front. Without the variance, the applicant stated the project would not proceed.
- Board discussion: Members noted the garage as a fixed impediment, the ADA compliance requirements, and the desire to maintain the rear addition and streetscape. The motion to approve cited that the literal interpretation of the code would deprive the applicant of rights commonly enjoyed, that the variance is the minimum necessary, that it is not contrary to public interest, and that the applicant did not create the situation.

Key Outcomes

Variance Approved (4–0) – Motion to approve ZBA13-52V passed unanimously. The board found that the existing garage constitutes a fixed constraint, that the variance is the minimum necessary to overcome the practical difficulty imposed by the structure’s location, and that granting the variance is in harmony with the purpose of the RO district (to allow office conversions while preserving residential character).
Next Meeting – The March meeting will be held on March 19, 2013 (third Tuesday) instead of the usual fourth Tuesday due to the Passover holiday. A field trip for board members will be scheduled the Friday prior.
Farewell to Board Member – The board recognized and thanked departing member Ed Hazlitt for his years of service, presenting him with a gift of local photography.

Meeting Transcript

February 26, 2013 meeting of the Zoning Board of Appeals of the City of Frederick. For anyone who might be new tonight, I'll go over a little background on the zoning board of appeals and go through uh what our process will be tonight. Um see if you have any question, uh, and then after that, we'll get on with tonight's agenda. Um Board of Zoning Appeals, we're all residents of the City of Frederick, and we're all volunteers. We're um appointed by the mayor, and those appointments are confirmed by the Board of Alderman. Um addition to the um members of the board, uh we have staff who may be assisting us in speaking during tonight's cases. Uh so for um your uh clarification uh to my far right and your far left, we have Ms. Rachel DePo. She is an assistant attorney with the City of Frederick. Next to Ms. DePoe is Ms. Gabrielle Dunn, she is the current manager of division planning. And to my far left and your far right is Ms. Leah Ortiz, she is the office manager for the planning department, and uh as among her many duties, she supports the zoning board of appeals in our activities. Uh a little bit about tonight's process. Um I will call your case, and when I do, um I normally say you can work your way down to the front of the room, but I can see that uh you're already there. Um I'll ask for the staff report to be read into the record. Uh at the end of the staff report, the staff will make a recommendation or recommendations regarding the case. That is one element that we will use in our deliberations tonight, but it's not the only element that we'll use making our decision. Uh we'll then ask the applicant if they have anything to add uh to the case, anything to clarify, or that they may uh want to elaborate on. After that, we'll see if there's any public comment regarding this particular case. Following public comment, we'll give the applicant uh final opportunity to come up and make any closing remarks they make. Uh at that point um we will close public comment and I will call for a vote for the board. Um just for uh clarification, our zone our uh rules of procedure require four out of the five members present uh to vote in favor of a motion in order for that motion to pass. So a simple majority of three to the five uh does not pass a motion. We need four uh to do that. Um you approach the microphone tonight, if we could have your name and address uh for the record, that would be great. Uh reason for that is all tonight's proceedings are recorded. Anyone who feels aggrieved by decision of the zoning board of appeals uh has the opportunity to appeal that decision to circuit court. And when the judge who's reviewing the case listens back to the tape, uh that helps him distinguish or her distinguish who may be speaking at any uh one particular time. Um if we have any cell phones, if we can sit uh silence them or put them to vibrate, that would be great. Uh and are there any questions about tonight's proceedings? No? All right. Uh we have a couple of housekeeping uh matters uh to start off the agenda tonight, uh, and then we'll get on with tonight's case. Members of the board, first uh order of business tonight is uh review and approval of the December 18th, 2012 minutes. I believe that you have those minutes before you, and I'll entertain a motion. I move to approve um the minutes from December 18th, 2012 as written. We have a motion to approve for Ms. Colby. Do we have a second? Sure, I'll second. Second by Mr. Hazlitt. Uh all those in favor signify by saying aye. Aye. Any opposed? No, but uh Ms. Ortiz, I'm abstaining. I didn't attend the meeting on December uh 18th.

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