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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

City of Frederick Zoning Board of Appeals Meeting - April 23, 2013

Zoning Board of Appeals — Tuesday, April 23, 2013

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, April 23, 2013

StatusFILED

Video Record

0:00 / 33:07

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

0:31

Good evening, everybody.

0:34

Welcome to the March 19th 2013 meeting of the City of Frederick Zoning Board of Appeals.

0:41

See some new faces in the audience tonight.

0:43

So if it's all right, I'll kind of go over a little bit about our procedures tonight so everyone's clear on that before we get started with tonight's agenda.

0:52

The members of the zoning board of appeals, we're all citizens of the City of Frederick.

0:57

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

1:03

We are comprised of five members.

1:06

We need four for a quorum, which we have uh tonight.

1:10

Um speaking uh tonight uh uh on tonight's cases for your information uh to my far right and to your far left.

1:23

All the way on the end, Mr.

1:24

Brandon Mark.

1:25

He is a city planner with City of Frederick.

1:28

Next to Mr.

1:29

Mark is Ms.

1:29

Gabrielle Dunn.

1:30

She is the uh division manager of current planning.

1:34

And then over on my far left and your far right is Ms.

1:37

Lee Ortiz, she is the office manager for the planning department, and among her numerous duties, she also supports the zoning board of appeals in our activities.

1:48

A little bit about tonight's proceedings.

1:50

Um I will uh call your case if you are the um applicant.

1:56

We don't have a crowded room tonight, so you're probably okay.

1:59

Uh but sort of prepare to come to the to the podium would be great.

2:03

Uh I'll ask uh the uh Mr.

2:06

Mark for the staff report.

2:08

Mr.

2:08

Mark will read the staff report into the record.

2:10

At the end of the staff report, he will make a recommendation uh regarding the case.

2:16

That is one element that we will use in our consideration uh of tonight's cases, but not the only element.

2:24

Um following the staff report, I will um ask uh the applicant if they have anything that they would like to elaborate on, any additional detail, anything that um they feel adds to the case or anything that they feel might need some clarification uh with regards to staff report.

2:41

Following that, we'll call for public comment.

2:45

And anyone who is interested in speaking regarding the case have opportunity at the podium to give their opinion.

2:51

Following that, we will uh allow the applicant to sort of have the the closing remarks.

2:57

Um we'll then close public comment and I will call for a motion from the board.

3:02

According to the bylaws of the zoning board of appeals, we need four votes in the affirmative to pass a motion.

3:09

Uh so tonight we will need all four members to vote in favor of any motion that happens to be for us uh to approve it.

3:16

Uh when you uh approach the microphone tonight, um if we could have your name and your address for the record, uh that would be very helpful.

3:25

If you happen to leave and come back to the microphone, I'll uh might ask for you to state your name again.

3:31

Reason for that is that all of tonight's proceedings are being recorded.

3:35

Anyone that feels aggrieved by a decision of the zoning board of appeals has a right to appeal that decision to the Maryland Circuit Court.

3:43

And when the judge reviews the um tape from tonight's meeting, uh that helps him straighten out at any one time uh who happened to might be speaking.

3:53

Uh do we have any questions regarding tonight's proceedings?

4:00

No.

4:00

Um, if you anybody has any uh cell phone uh these days, if you could send them to to vibrate or silent, uh that would be great.

4:16

Uh and uh we've got a couple of housekeeping matters on the agenda tonight.

4:21

We'll go ahead and handle those and then we'll head on to tonight's cases.

4:25

Thank you all very much.

4:28

First item on the agenda tonight under board business is approval of the February 26, 2013 meetings of the ZBA.

4:35

Uh members, you have those minutes before you.

4:37

I'll entertain a motion.

4:42

Um I move to approve the minutes.

4:45

Uh February 26, 2013, as written.

4:49

We have a motion for approval by Ms.

4:51

Colby.

4:51

Do we have a second?

4:52

Second.

4:53

Second by Mr.

4:53

Patchon.

4:54

Do we have any discussion of the motion?

4:57

Seeing none, all those in favor signify by saying aye.

5:00

Aye.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████63%

Procedural███████████████21%

Business Concerns████6%

Public Safety████5%

Historic Preservation██3%

Board Appointments█2%

Summary of Proceedings

City of Frederick Zoning Board of Appeals Meeting - April 23, 2013

Note: The transcript of this meeting is dated March 19, 2013, but the meeting date is specified as April 23, 2013.

The Zoning Board of Appeals (ZBA) met on April 23, 2013, to consider a continuance, a variance request, and a conditional use application. The board approved the minutes from the previous meeting, granted a continuance for a non-conforming use case, discussed a variance for a home addition, and approved a conditional use for a winery.

Consent Calendar

Approved the minutes of the February 26, 2013, ZBA meeting.

Public Comments & Testimony

No general public comments were made.
For the variance case (1102 Evergreen Ave), applicant Teresa May spoke in support of her request for a variance to construct an in-law suite addition.
For the conditional use case (221 North East St), Mr. Miller, representing Roarsville Vineyards, spoke in support of the application.

Discussion Items

Continance (ZBA 13-87 NCI): The board granted a request from the applicant for a 30-day continuance to the April 23, 2013, hearing for a substitution of non-conforming use at 329 East Second Street. Staff supported the request. The board noted concerns about multiple continuances and the parking requirement issue.
Variance (ZBA 13-88V): The board heard a request for variances from the front and rear setback and impervious surface ratio requirements at 1102 Evergreen Avenue to construct a 1,150-square-foot addition for an in-law suite. The property is odd-shaped due to the construction of US 15. Staff recommended approval, finding that the lot shape and orientation present unique practical difficulties. The applicant, Teresa May, explained the need to care for her aging parents. Public testimony was none. The board did not take a vote on this case in the transcript provided.
Conditional Use (ZBA 13-180CU): The board considered a conditional use application for a winery, tasting room, and entertainment at 221 North East Street, formerly occupied by Frederick Sellers. The applicant, Roarsville Vineyards, plans to operate a wine production facility with retail sales and limited entertainment. Staff recommended approval with conditions. The board discussed the reduced scale of operations compared to the previous use. The applicant's representative, Mr. Miller, emphasized the winery's asset to the city.

Key Outcomes

Minutes approved: The February 26, 2013, meeting minutes were approved.
Continance granted: ZBA 13-87 NCI was continued to April 23, 2013.
Conditional use approved: The board approved the conditional use for Roarsville Vineyards (Big Cork wines) at 221 North East Street with the following conditions:
1. The applicant must obtain a zoning certificate within two years (per LMC §312G).
2. Entertainment is limited to Sunday–Thursday until 10:00 PM, Friday–Saturday until midnight, and New Year's Eve until 1:00 AM. Music is limited to live performances. These restrictions must be noted on the zoning certificate.
Variance case: No decision was recorded in the transcript for the variance at 1102 Evergreen Avenue.

Additional Notes

The board discussed the issue of multiple continuances for ZBA 13-87 NCI, noting that more than 90 days would require new notice. Staff clarified that the parking requirement interpretation had caused delay.
The applicant for the conditional use mentioned that the wine will be sold under the label "Big Cork."

Meeting Transcript

Good evening, everybody. Welcome to the March 19th 2013 meeting of the City of Frederick Zoning Board of Appeals. See some new faces in the audience tonight. So if it's all right, I'll kind of go over a little bit about our procedures tonight so everyone's clear on that before we get started with tonight's agenda. The members of the zoning board of appeals, we're all citizens of the City of Frederick. We are appointed by the mayor, and those appointments are confirmed by the Board of Alderman. We are comprised of five members. We need four for a quorum, which we have uh tonight. Um speaking uh tonight uh uh on tonight's cases for your information uh to my far right and to your far left. All the way on the end, Mr. Brandon Mark. He is a city planner with City of Frederick. Next to Mr. Mark is Ms. Gabrielle Dunn. She is the uh division manager of current planning. And then over on my far left and your far right is Ms. Lee Ortiz, she is the office manager for the planning department, and among her numerous duties, she also supports the zoning board of appeals in our activities. A little bit about tonight's proceedings. Um I will uh call your case if you are the um applicant. We don't have a crowded room tonight, so you're probably okay. Uh but sort of prepare to come to the to the podium would be great. Uh I'll ask uh the uh Mr. Mark for the staff report. Mr. Mark will read the staff report into the record. At the end of the staff report, he will make a recommendation uh regarding the case. That is one element that we will use in our consideration uh of tonight's cases, but not the only element. Um following the staff report, I will um ask uh the applicant if they have anything that they would like to elaborate on, any additional detail, anything that um they feel adds to the case or anything that they feel might need some clarification uh with regards to staff report. Following that, we'll call for public comment. And anyone who is interested in speaking regarding the case have opportunity at the podium to give their opinion. Following that, we will uh allow the applicant to sort of have the the closing remarks. Um we'll then close public comment and I will call for a motion from the board. According to the bylaws of the zoning board of appeals, we need four votes in the affirmative to pass a motion. Uh so tonight we will need all four members to vote in favor of any motion that happens to be for us uh to approve it. Uh when you uh approach the microphone tonight, um if we could have your name and your address for the record, uh that would be very helpful. If you happen to leave and come back to the microphone, I'll uh might ask for you to state your name again. Reason for that is that all of tonight's proceedings are being recorded. Anyone that feels aggrieved by a decision of the zoning board of appeals has a right to appeal that decision to the Maryland Circuit Court. And when the judge reviews the um tape from tonight's meeting, uh that helps him straighten out at any one time uh who happened to might be speaking. Uh do we have any questions regarding tonight's proceedings? No. Um, if you anybody has any uh cell phone uh these days, if you could send them to to vibrate or silent, uh that would be great. Uh and uh we've got a couple of housekeeping matters on the agenda tonight. We'll go ahead and handle those and then we'll head on to tonight's cases. Thank you all very much. First item on the agenda tonight under board business is approval of the February 26, 2013 meetings of the ZBA. Uh members, you have those minutes before you. I'll entertain a motion. Um I move to approve the minutes.

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