Meeting colors

OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Frederick Zoning Board of Appeals Meeting - December 17, 2013

Zoning Board of Appeals — Tuesday, December 17, 2013

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, December 17, 2013

StatusFILED

Video Record

0:00 / 1:06:39

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

0:39

Good evening, everybody.

0:41

Welcome to the December 17th, 2013 meeting of the City of Frederick Zoning Board of Appeals.

0:48

Since we seem to have some new faces here uh tonight, it's okay.

0:51

I'll kind of go over uh a little background on the ZBA and how our rules of procedural will work for tonight.

0:59

Uh and then we'll get on with tonight's agenda.

1:02

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

1:06

We're citizens of the uh of the City of Frederick.

1:10

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

1:16

Uh we have five voting members and one alternate.

1:20

Uh tonight, Mr.

1:22

Kennedy will be our alternate.

1:25

Uh also potentially speaking tonight.

1:28

Uh in tonight's cases, uh members of the city staff.

1:34

And if uh take a second to introduce them to you, to my far right and your far left, Mr.

1:40

Jeff Love.

1:41

He is a planner with the uh planning department here in the city.

1:44

Uh next to Mr.

1:45

O'Love is Ms.

1:46

Rachel DePo.

1:47

She is the assistant uh attorney uh with the city attorney's office who supports the ZBA, and then Ms.

1:54

Gabrielle Dunn, who is the uh division manager of current planning for the planning department.

2:00

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

2:04

Lee Ortiz.

2:05

She is the office manager for the planning department, and uh part of her uh lengthy list of duties is also to support us in our activities tonight.

2:15

Uh a little bit about how our procedures will go tonight.

2:19

Um we don't have a very crowded room, uh so uh we probably don't have to worry about moving around too much, but uh when I uh call your case, if you can uh at least give me uh a little sign that uh the applicant is here.

2:34

Um I'll following that I'll ask the uh staff for the staff report.

2:39

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

2:45

Their recommendation is one element that we use in our decision making process, but it is not the only element.

2:52

Following the staff report, we'll see if the applicant has any testimony to add, anything they'd like to elaborate on or potentially uh clarify in their application.

3:02

Following the uh applicant's comments, we'll see if there's any uh comment from the general public regarding the case before us.

3:10

Following public comment, we will uh allow the applicant to make a closing statement, kind of tie anything up that they want to uh say at the conclusion of the case.

3:21

Uh that will end the public testimony section of the case.

3:26

Uh we will uh then call for a motion from the board.

3:31

Um just for everyone's edification, a motion of the zoning board of appeals under our rules of procedure requires four votes in the affirmative to pass, so a simple majority, three out of five, does not pass a motion.

3:44

We need four out of five votes uh to pass any motion that's before us.

3:48

If you are uh approaching the microphone tonight, uh the first time that you're speaking, if we could have your name and your uh address for the record, and if you happen to leave the microphone and then come back later, if we could have your name again.

4:02

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

4:06

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

4:14

And when the judge is reviewing the record and the audio transcript of tonight's uh cases, it helps them keep track of who might happen to be speaking at any time.

4:24

Any questions about the rules and process for tonight?

4:29

No.

4:30

Okay.

4:31

Uh seeing none.

4:33

If uh anyone's uh got their cell phones still on, if you could set those to to vibrate or silent, that would be uh great.

4:41

Um we have got a couple of housekeeping matters on the agenda before we get to tonight's cases.

4:46

Um we'll go through those and then we'll get started.

4:49

Thank you.

4:52

Uh members of the board, tonight's agenda.

4:55

Uh, under our uh board business and administrative activities.

5:00

Uh first item of business is review and approval of the November 26th, 2013 minutes.

5:05

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

5:14

I move to approve the minutes from our meeting of October 22nd, 2013 as written.

5:21

Have a motion to approve the minutes as written.

5:24

Do we have a second?

5:26

Second from Mr.

5:27

Patchen.

5:28

Are there any discussion of the motion or the minutes?

5:32

That's November 26th.

5:34

Yeah.

Discussion Breakdown — Share of Meeting

Zoning And Land Use██████████████████████████████████████████42%

Procedural█████████████████████21%

Public Comment███████████████████19%

Entertainment Zoning███████████11%

Economic Development████4%

Meeting Minutes███3%

Summary of Proceedings

Frederick Zoning Board of Appeals Meeting - December 17, 2013

The City of Frederick Zoning Board of Appeals (ZBA) held a meeting on December 17, 2013, at 7:00 PM at City Hall. The board approved routine items and heard a single conditional use case for Lallo's Pizza, which was ultimately denied due to non-compliance with the 500-foot separation requirement from residential zoning.

Consent Calendar

Approved the minutes of the November 26, 2013 meeting with corrections: the date was corrected from October to November 26, and wording changes were made to public comment descriptions and the spelling of a board member's name.
Approved the 2014-2015 ZBA Deadline Schedule, with the December 23, 2014 meeting moved to December 16, 2014 to avoid proximity to Christmas.

Public Comments & Testimony

No general public comments were made regarding zoning matters not related to a case.
Public comment on the conditional use case: Craig Van Grutenbruhl (171 Greenway Drive) spoke in support of the application, describing the applicant, Juan Rojas, as an honorable family man and noting the need for revitalization of the Golden Mile area.

Discussion Items

Staff Report (Jeff Love): The applicant, Juan Rojas, requested a conditional use permit to add live entertainment (acoustic music, DJs, and live music) to his existing restaurant, Lallo's Pizza, at 5 Willowdale Drive, Unit A-6. Staff found the application did not meet Section 856.E of the Land Management Code, which requires a 500-foot separation from any residential zoning district lot. The measured distance from the back of the building to the nearest residential lot line was approximately 375 feet. Staff recommended denial, citing inconsistency with the comprehensive plan and potential for greater adverse impacts than permitted uses.
Applicant Testimony (Juan Rojas): Mr. Rojas acknowledged the 500-foot deficiency but argued the actual distance to the nearest apartment building is greater. He highlighted his background in quality control, his successful operation of a similar restaurant in Knoxville with over 150 rock shows and no police calls, and his commitment to controlling noise (under 55 decibels) and behavior. He noted support from the property manager and Way Off Broadway Dinner Theater, and plans to hire off-duty police and soundproof the restaurant. He stated entertainment would not exceed 40% of revenue and that he would not serve intoxicated patrons.
Board Discussion: Members expressed mixed feelings. Some noted the area is already noisy (traffic, commercial uses) and that the applicant's track record and intentions were positive. Others emphasized the clear code violation and the risk of setting a precedent. Concerns were raised about attracting undesirable elements and the difficulty of enforcing conditions if the property were sold. Several members suggested that a text amendment to the Land Management Code, similar to a recent change for bed-and-breakfasts, would be a more appropriate route to allow flexibility. The board noted that the existing presence of Way Off Broadway (a theater) in the same shopping center did not outweigh the code requirement.

Key Outcomes

Motion to Deny (ZBA13-878CU): Ms. Colby moved to deny the conditional use application for Lallo's Pizza, citing non-compliance with Sections 308, 312, and 856 of the Land Management Code, specifically the failure to meet the 500-foot separation from residential zoning. The motion was seconded by Mr. Butcher and passed by a vote of 4-1, with Mr. Patchen voting against. The application was denied.
The board approved the minutes and the 2014-2015 schedule as described.

Meeting Transcript

Good evening, everybody. Welcome to the December 17th, 2013 meeting of the City of Frederick Zoning Board of Appeals. Since we seem to have some new faces here uh tonight, it's okay. I'll kind of go over uh a little background on the ZBA and how our rules of procedural will work for tonight. Uh and then we'll get on with tonight's agenda. Uh members of the zoning board of appeals, we are all volunteers. We're citizens of the uh of the City of Frederick. Uh we are uh appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. Uh we have five voting members and one alternate. Uh tonight, Mr. Kennedy will be our alternate. Uh also potentially speaking tonight. Uh in tonight's cases, uh members of the city staff. And if uh take a second to introduce them to you, to my far right and your far left, Mr. Jeff Love. He is a planner with the uh planning department here in the city. Uh next to Mr. O'Love is Ms. Rachel DePo. She is the assistant uh attorney uh with the city attorney's office who supports the ZBA, and then Ms. Gabrielle Dunn, who is the uh division manager of current planning for the planning department. And then to my far left and your far right is Ms. Lee Ortiz. She is the office manager for the planning department, and uh part of her uh lengthy list of duties is also to support us in our activities tonight. Uh a little bit about how our procedures will go tonight. Um we don't have a very crowded room, uh so uh we probably don't have to worry about moving around too much, but uh when I uh call your case, if you can uh at least give me uh a little sign that uh the applicant is here. Um I'll following that I'll ask the uh staff for the staff report. Uh at the end of the staff report, staff will make a recommendation regarding the particular case. Their recommendation is one element that we use in our decision making process, but it is not the only element. Following the staff report, we'll see if the applicant has any testimony to add, anything they'd like to elaborate on or potentially uh clarify in their application. Following the uh applicant's comments, we'll see if there's any uh comment from the general public regarding the case before us. Following public comment, we will uh allow the applicant to make a closing statement, kind of tie anything up that they want to uh say at the conclusion of the case. Uh that will end the public testimony section of the case. Uh we will uh then call for a motion from the board. Um just for everyone's edification, a motion of the zoning board of appeals under our rules of procedure requires four votes in the affirmative to pass, so a simple majority, three out of five, does not pass a motion. We need four out of five votes uh to pass any motion that's before us. If you are uh approaching the microphone tonight, uh the first time that you're speaking, if we could have your name and your uh address for the record, and if you happen to leave the microphone and then come back later, if we could have your name again. Uh the reason for that is that all tonight's proceedings are being recorded. Anyone who feels aggrieved by a decision of the zoning board of appeals has the right to appeal that decision to circuit court. And when the judge is reviewing the record and the audio transcript of tonight's uh cases, it helps them keep track of who might happen to be speaking at any time. Any questions about the rules and process for tonight? No. Okay. Uh seeing none. If uh anyone's uh got their cell phones still on, if you could set those to to vibrate or silent, that would be uh great. Um we have got a couple of housekeeping matters on the agenda before we get to tonight's cases. Um we'll go through those and then we'll get started. Thank you. Uh members of the board, tonight's agenda. Uh, under our uh board business and administrative activities.

SUMMARIZED BY OPENPUBLICA AI

TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com