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Record of Proceedings

Frederick Zoning Board of Appeals Meeting - November 26, 2013

Zoning Board of Appeals — Tuesday, November 26, 2013

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, November 26, 2013

StatusFILED

Video Record

0:00 / 2:20:36

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

0:40

Good evening, everybody.

0:44

Welcome to a dreary November 26, 2013 meeting of the City of Frederick Zoning Board of Appeals.

0:53

For uh any of you who aren't familiar with the Zoning Board of Appeals, uh start out tonight uh by going over uh a little bit about our processes, how we'll conduct uh business tonight.

1:05

Um see if we have any questions along those lines, and uh if not, then we'll get on with the items on tonight's agenda.

1:12

Uh members of the zoning board of appeals are all volunteers.

1:17

We are all residents of the City of Frederick.

1:19

Uh we are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen.

1:25

Uh we have five regular members and one alternate.

1:30

Um we have a new member tonight, and uh so as a result and uh as a result of some folks that weren't here uh for our October meeting.

1:40

Uh we'll have a couple members who aren't going to participate on that item uh but who will be able to participate on any new any new business that we got coming before us.

1:49

So we got a little bit of musical chairs going on uh just in case you see that.

1:53

Um seated to my far left, Mr.

1:55

Kennedy is our alternate uh for tonight.

1:59

Uh a little bit about our uh procedures.

2:03

Um we have two types of cases uh before us tonight.

2:08

Uh we have the continuation of an appeal of the decision of uh the uh City of Frederick Planning Commission.

2:16

Um those appeals are uh governed by our special rules of procedure.

2:21

Um in October, we heard arguments uh from the parties involved in the case uh and uh closed the testimony portion um of our procedures.

2:34

Um we had some deliberations and discussions, and now we will come back uh this evening and go through drafting uh our findings and uh formal conclusions on that case.

2:46

Uh the second case we have is uh bit more typical of the work that we do at the zoning board of appeals.

2:52

Uh we have a application for a conditional use.

2:56

Um that will be handled under our normal rules of procedure.

3:00

Uh way that we'll do that is I will call the applicant's case.

3:04

Um at that time, if they can kind of get prepared uh to make their way to the podium, that would be great.

3:10

Uh we will ask for the staff report at the end of the staff report.

3:15

The staff will give a recommendation regarding the case.

3:18

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

3:23

Uh following the staff report, we will see if the applicant has anything that they would like to add or elaborate on concerning the case.

3:31

Uh following the applicant's testimony, we will hear uh and see if we have any public testimony uh regarding the case.

3:39

Following public testimony, we will uh ask the applicant if they have any closing statements.

3:44

We'll then close the public uh testimony section of the case.

3:49

Uh members then will have the case before them to deliberate on.

3:54

Um I'll call for a motion uh just for everyone's information according to the rules of procedure for the zoning board of appeals uh for a motion to pass.

4:04

We need four votes uh in the affirmative for a vote to pass, so a simple majority in either case is not enough to pass a motion.

4:15

Um if you are one of the people who are speaking tonight when you approach the podium, uh if we could have your name and your address for the record, that would be great.

4:23

If you happen to leave and come back like the applicant might, if we could just have your name again for the record.

4:30

Uh the reason for that is that all the proceedings tonight are being recorded.

4:34

Uh anyone that is aggrieved by a decision of the zoning board of appeals has the right to um challenge that to appeal that decision in uh circuit court and when the circuit court judge is reviewing uh the record and the audio transcript, uh that helps them sort out who happens to be speaking at any one time.

4:55

Have any questions about tonight's uh procedures?

5:01

No.

5:01

Well, if uh anyone has uh cell phones on them, which I'm assuming just about everyone does, if you could set that to vibrate or uh silent, uh that would be great.

5:11

We've got a uh couple small housekeeping measures uh on our agenda to start with.

5:16

Uh and then following that we'll get on with tonight's cases.

5:20

Thank you.

5:23

Member first members first order of business tonight uh under board business is review and approval of the October 22nd, 2013 uh minutes of the zoning board of appeals.

5:34

You have those minutes before you, and I will entertain a motion.

5:40

Move for approval.

5:42

Have a motion of approval uh from Mr.

5:44

Butcher.

5:44

Do we have a second?

5:46

I second.

5:46

Second from Ms.

5:47

Colby.

5:48

Do we have any discussion of the motion?

5:52

Seeing none, we can do a simple voice vote on this.

5:55

All those in favor signify by saying aye.

5:58

Aye.

5:58

Any opposed.

6:01

None opposed, and that motion passes 4-0.

6:05

Item number two on the agenda tonight is general comments regarding zoning.

Discussion Breakdown — Share of Meeting

Bed And Breakfast Regulation█████████████████████████████████33%

Legal Matters███████████████████19%

Procedural█████████9%

Public Comment█████████9%

Zoning And Land Use████████8%

Planning Commission Training████████8%

Land Use Planning██████6%

Historic Preservation█████5%

Parking Policies███3%

Summary of Proceedings

Frederick Zoning Board of Appeals Meeting - November 26, 2013

The Zoning Board of Appeals met on November 26, 2013, at 7:00 PM at City Hall to handle board business, continue an appeal from a prior meeting, and consider a new conditional use application. The board approved the October 22, 2013 minutes, vacated the Planning Commission's approval of a subdivision plat for the North Montevue Campus and remanded the case, and approved a conditional use for a bed and breakfast at 10 Clarke Place.

Consent Calendar

Approved the October 22, 2013 meeting minutes by a 4-0 vote.

Public Comments & Testimony

ZBA13-329A (Old Business): No public testimony was taken; the item was a closed-record deliberation.
ZBA13-760CU (New Business): Three members of the public testified:
- Catherine McKenzie (116 Clarke Place) opposed the application, stating that when the previous bed and breakfast at 4 Clarke Place was approved, the board at that time indicated no further B&Bs would be allowed on the street. She expressed concerns about parking and the loss of the street's residential character.
- Mr. LeBlanc (4 Clarke Place, owner of the existing B&B) spoke in support of a new B&B, noting that the number of B&Bs in the area had declined from six to two and that parking was not a major issue.
- Mr. Larkin (112 Clarke Place) expressed concerns about parking availability and alleged that the applicant had been operating as a B&B for the past 18 months via Airbnb, including offering monthly rates and providing wine and cheese upon arrival.

Discussion Items

ZBA13-329A – Appeal of Planning Commission Approval for 1910 Rosemont Avenue (North Montevue Campus Subdivision): The board reviewed draft findings of fact and conclusions. Key points of discussion included:
- The application was incomplete because a title report and other mandatory documents were not submitted.
- The Planning Commission failed to evaluate whether the plat conformed to the Comprehensive Plan.
- The Planning Commission incorrectly believed it was restricted from asking questions about the applicant's intent and potential impacts.
- The board debated whether to include references to preliminary subdivision plat requirements, ultimately striking those paragraphs as inapplicable because no preliminary plat was required.
- The board concluded that the Planning Commission's decision was arbitrary and capricious, made on an incomplete record, and that there was insufficient evidence to determine compliance with the Land Management Code.
- The board voted 4-0 to vacate the Planning Commission's April 8, 2013 approval and remand the case back to the planning department for processing from the application stage in accordance with the Land Management Code.
ZBA13-760CU – Conditional Use for Bed and Breakfast at 10 Clarke Place: The board considered a staff report recommending approval with conditions. Discussion included:
- Parking: The applicant requested a modification to allow on-street parking instead of providing two off-street spaces for guests. Staff supported the modification, citing practical difficulties and sufficient available on-street parking in the area. The applicant's existing garage cannot be counted due to vehicle maneuvering issues.
- Neighborhood concerns: Some board members worried about the potential proliferation of B&Bs on the street and the loss of residential character. Staff noted that future applications would be evaluated on a case-by-case basis and that the board has authority to deny if impacts become too great.
- Compliance with Section 809 criteria: The applicant will reside on the property, serve only breakfast, limit guests to 14 days, maintain a register, and not host weddings or events.
- The board added a condition that only two adults (over 18) per guest room are permitted, and the applicant must obtain a zoning certificate within two years.
- The board voted 4-0 to approve the conditional use with the stated findings and conditions.

Key Outcomes

Approved: Minutes of October 22, 2013 (4-0).
Decision on Appeal ZBA13-329A: The board vacated the Planning Commission's approval of the final subdivision plat for the North Montevue Campus at 1910 Rosemont Avenue and remanded the case to the planning department for processing from the application stage (4-0). Findings included that the Planning Commission erred in considering an incomplete application and in failing to evaluate the plat's conformity with the Comprehensive Plan.
Decision on Conditional Use ZBA13-760CU: Approved a conditional use for a bed and breakfast at 10 Clarke Place, subject to conditions including a two-year zoning certificate requirement and a limit of two adult guests per room (4-0).

Meeting Transcript

Good evening, everybody. Welcome to a dreary November 26, 2013 meeting of the City of Frederick Zoning Board of Appeals. For uh any of you who aren't familiar with the Zoning Board of Appeals, uh start out tonight uh by going over uh a little bit about our processes, how we'll conduct uh business tonight. Um see if we have any questions along those lines, and uh if not, then we'll get on with the items on tonight's agenda. Uh members of the zoning board of appeals are all volunteers. We are all residents of the City of Frederick. Uh we are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. Uh we have five regular members and one alternate. Um we have a new member tonight, and uh so as a result and uh as a result of some folks that weren't here uh for our October meeting. Uh we'll have a couple members who aren't going to participate on that item uh but who will be able to participate on any new any new business that we got coming before us. So we got a little bit of musical chairs going on uh just in case you see that. Um seated to my far left, Mr. Kennedy is our alternate uh for tonight. Uh a little bit about our uh procedures. Um we have two types of cases uh before us tonight. Uh we have the continuation of an appeal of the decision of uh the uh City of Frederick Planning Commission. Um those appeals are uh governed by our special rules of procedure. Um in October, we heard arguments uh from the parties involved in the case uh and uh closed the testimony portion um of our procedures. Um we had some deliberations and discussions, and now we will come back uh this evening and go through drafting uh our findings and uh formal conclusions on that case. Uh the second case we have is uh bit more typical of the work that we do at the zoning board of appeals. Uh we have a application for a conditional use. Um that will be handled under our normal rules of procedure. Uh way that we'll do that is I will call the applicant's case. Um at that time, if they can kind of get prepared uh to make their way to the podium, that would be great. Uh we will ask for the staff report at the end of the staff report. The staff will give a recommendation regarding the case. That's one element that we will use in our decision making criteria tonight, but it's not the only element. Uh following the staff report, we will see if the applicant has anything that they would like to add or elaborate on concerning the case. Uh following the applicant's testimony, we will hear uh and see if we have any public testimony uh regarding the case. Following public testimony, we will uh ask the applicant if they have any closing statements. We'll then close the public uh testimony section of the case. Uh members then will have the case before them to deliberate on. Um I'll call for a motion uh just for everyone's information according to the rules of procedure for the zoning board of appeals uh for a motion to pass. We need four votes uh in the affirmative for a vote to pass, so a simple majority in either case is not enough to pass a motion. Um if you are one of the people who are speaking tonight when you approach the podium, uh if we could have your name and your address for the record, that would be great. If you happen to leave and come back like the applicant might, if we could just have your name again for the record. Uh the reason for that is that all the proceedings tonight are being recorded. Uh anyone that is aggrieved by a decision of the zoning board of appeals has the right to um challenge that to appeal that decision in uh circuit court and when the circuit court judge is reviewing uh the record and the audio transcript, uh that helps them sort out who happens to be speaking at any one time. Have any questions about tonight's uh procedures? No. Well, if uh anyone has uh cell phones on them, which I'm assuming just about everyone does, if you could set that to vibrate or uh silent, uh that would be great. We've got a uh couple small housekeeping measures uh on our agenda to start with. Uh and then following that we'll get on with tonight's cases. Thank you. Member first members first order of business tonight uh under board business is review and approval of the October 22nd, 2013 uh minutes of the zoning board of appeals. You have those minutes before you, and I will entertain a motion. Move for approval. Have a motion of approval uh from Mr. Butcher. Do we have a second?

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