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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Zoning Board of Appeals Meeting – January 28, 2014

Zoning Board of Appeals — Tuesday, January 28, 2014

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, January 28, 2014

StatusFILED

Video Record

0:00 / 1:41:47

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

0:38

Meeting me, everybody.

0:41

Welcome to the January 28th, 2014 meeting of the City of Frederick Zoning Board of Appeals.

0:49

Seeing that we've got some new faces here, if it's all right, I'll start off by kind of explaining uh a little bit about the Board of Appeals and our procedures for tonight.

0:58

And uh after that, and seeing if we've got any questions from you all on that, uh, we'll get started with tonight's business.

1:05

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

1:09

We are all residents of the City of Frederick.

1:12

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

1:18

Uh we have uh five voting members and one alternate member, and we've got a full House tonight.

1:24

Uh so tonight uh Mr.

1:26

Kennedy will be our alternate member.

1:28

Um speaking tonight uh and helping us with tonight's cases are uh some staff from the city.

1:38

Uh and just for uh your edification, uh to my far right and to your far left, all the way over the uh on the end is uh Mr.

1:47

Jeff Love.

1:48

He is a planner with the City of Frederick.

1:50

Next to Mr.

1:51

Love is Ms.

1:52

Rachel DePo, and she is an assistant attorney with the uh City of Frederick.

1:57

Uh and then uh here closest to us is Ms.

2:01

Gabrielle Dunn, and she is the division manager of current planning uh with the planning department.

2:07

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

2:10

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

2:20

Um tonight's uh procedures for the cases.

2:24

Uh I will uh call the case.

2:27

Um if our uh applicant is there, if you can just give me a wave.

2:31

We only have one case of new business tonight, and seeing that we've got some folks in the audience, I'm assuming we got someone here.

2:37

Um then ask the staff for the staff report.

2:41

Uh, staff will then read the staff report into the record.

2:44

And at the end of the staff report, the staff will give uh recommendation regarding the case.

2:50

Uh staff's recommendation is one criteria that we use for making our decision tonight, but it is not the only decision, uh the only criteria.

2:58

Um following that, we'll see if the applicant has anything they'd like to add or elaborate on from the staff's comments.

3:05

Uh following the applicant's comments, we'll see if anyone uh from the public would like to give general public comment uh regarding the case.

3:13

Uh following that, we'll give the applicant one last time to uh sort of wrap up any thoughts that they might have.

3:19

And then we'll close the public testimony portion of the case.

3:23

Uh following that, I will call for a motion from the board.

3:27

Uh just uh so that everyone's aware according to our rules of procedure.

3:32

Um any motion before the Board of Appeals requires four votes in the affirmative.

3:38

So uh motion would require four out of the five votes in order to pass, uh not just a simple majority.

3:45

Um if you're uh speaking at the microphone tonight, the first time you speak, if we could have your name and your uh home address for the record.

3:53

Uh and if you happen to leave the microphone and come back, have your name again.

3:57

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

4:01

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

4:08

Uh and that just helps the judge who's reviewing the tape uh keep track of who might happen to be speaking any time when they review the the oral record.

4:17

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

4:22

No?

4:23

Okay.

4:23

Seeing uh none.

4:25

If we've got uh any uh cell phones, if you guys could set them to to vibrate or turn them off, uh and hopefully we'll remember to do the same up here.

4:34

Uh and uh we've got a couple uh housekeeping matters on our agenda here to take care of before tonight's cases, and then following that uh we'll get on with new business.

4:44

Thank you.

4:46

Okay, members of the board.

4:48

First item on our agenda tonight under board business is review and approval of the December 17, 2013 minutes of the zoning board of appeals.

4:57

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

5:01

I move to approve those minutes as written.

5:04

I have a motion from approval for Ms.

5:06

Colby.

5:06

Do we have a second?

5:07

Second.

5:08

Second by Mr.

5:08

Butcher.

5:09

Is there any further discussion of the motion?

Discussion Breakdown — Share of Meeting

Signage Regulation█████████████████████████████████████████████46%

Zoning And Land Use█████████████████████21%

Legal Matters███████████████15%

Procedural██████6%

Community Engagement██████6%

Public Comment███3%

Parks and Recreation██2%

Board Appointments█1%

Summary of Proceedings

Zoning Board of Appeals Meeting – January 28, 2014

The City of Frederick Zoning Board of Appeals met on Tuesday, January 28, 2014 at 7:00 PM at City Hall (101 North Court Street) to consider one variance application and to discuss proposed amendments to the Land Management Code (LMC) concerning appeals of Planning Commission decisions. The meeting was broadcast live on Channel 99. All five voting members were present, along with the alternate member.

Consent Calendar

Approval of Minutes: The Board unanimously approved the minutes of the December 17, 2013 meeting as written.

Public Comments & Testimony

Walter Morrow (resident of 750 Carroll Parkway) spoke in opposition to the variance request. He argued that the applicant, Sunshine Management Corporation (SMC), had not exhausted options permitted under the LMC (e.g., using an existing monument sign or pursuing residential entry signage) and that the recently erected sign was an eyesore that degraded the visual aesthetic of adjacent Baker Park and the covered bridge. He stated that granting the variance would be contrary to the public interest and that SMC created the need for a variance by erecting the sign without proper permits.

Discussion Items

Variance Request ZBA13-930V (750 Carroll Parkway): The applicant, Nick Sadler of Sunshine Management, requested a variance from LMC §864(c)(8) to allow more than the permitted 15 square feet of lease/rental signage on the residentially zoned (R-16) property, which is a 53-unit age-restricted (55+) apartment complex. He argued that the property’s large size (nearly 6 acres), its setback from the road, and the need to attract older tenants who rely on drive-by visibility justified a larger sign (up to 100 sq ft, consistent with commercial allowances). He also noted that other apartment complexes in the city have larger signs, suggesting the code is not uniformly enforced. Staff (Jeff Love) recommended denial, finding that the variance would be contrary to public interest, that no exceptional hardship existed, that the applicant has not been denied rights common to other residential properties, and that granting would confer a special privilege. Board members questioned the applicant and discussed the visual impact on the residential neighborhood and Baker Park. The Board also noted that the applicant could potentially place 15 sq ft signs on separate parcels (the property comprises multiple lots) but combining them would still require a variance.
Discussion of LMC Amendments (Appeals of Planning Commission Decisions): Assistant City Attorney Rachel DePo and Planning Division Manager Gabrielle Dunn led a discussion on draft text amendments to LMC Sections 301, 309, 312, and 315. The proposals would direct appeals of Planning Commission decisions directly to Circuit Court (instead of the ZBA), change the standard of review for ZBA appeals of zoning administrator decisions from on-the-record to de novo, and eliminate the supermajority vote requirement for ZBA decisions. Board members expressed varied opinions: some supported retaining ZBA review of Planning Commission decisions to provide a more accessible, local appeal option, while others acknowledged the inefficiency of adding an extra layer of litigation. There was consensus support for de novo review and removing the supermajority requirement. No vote was taken; the input was for informational purposes ahead of Planning Commission and Mayor and Board workshops.

Key Outcomes

Variance Denied: The Board voted 4-0 to deny the variance request (ZBA13-930V). Chair Racheff moved for denial, citing the five reasons from the staff report: the variance is contrary to public interest, no peculiar conditions exist, no denial of rights common to other properties, granting would confer special privilege, and it would be injurious to the neighborhood and public welfare. The motion was seconded and carried unanimously.
Next Steps on LMC Amendments: Staff will continue drafting text amendments and present them to the Planning Commission (tentatively March) and the Mayor and Board of Aldermen (late March/early April). Board members were encouraged to submit further written comments.

Meeting Transcript

Meeting me, everybody. Welcome to the January 28th, 2014 meeting of the City of Frederick Zoning Board of Appeals. Seeing that we've got some new faces here, if it's all right, I'll start off by kind of explaining uh a little bit about the Board of Appeals and our procedures for tonight. And uh after that, and seeing if we've got any questions from you all on that, uh, we'll get started with tonight's business. Uh the zoning board of appeals, we are all uh 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 uh five voting members and one alternate member, and we've got a full House tonight. Uh so tonight uh Mr. Kennedy will be our alternate member. Um speaking tonight uh and helping us with tonight's cases are uh some staff from the city. Uh and just for uh your edification, uh to my far right and to your far left, all the way over the uh on the end is uh Mr. Jeff Love. He is a planner with the City of Frederick. Next to Mr. Love is Ms. Rachel DePo, and she is an assistant attorney with the uh City of Frederick. Uh and then uh here closest to us is Ms. Gabrielle Dunn, and she is the division manager of current planning uh with the planning department. And then to my far left and to your far right is Ms. Leah Ortiz, and she is office manager with the planning department, and among her many, many duties, she also supports uh the zoning board of appeals in our activities. Um tonight's uh procedures for the cases. Uh I will uh call the case. Um if our uh applicant is there, if you can just give me a wave. We only have one case of new business tonight, and seeing that we've got some folks in the audience, I'm assuming we got someone here. Um then ask the staff for the staff report. Uh, staff will then read the staff report into the record. And at the end of the staff report, the staff will give uh recommendation regarding the case. Uh staff's recommendation is one criteria that we use for making our decision tonight, but it is not the only decision, uh the only criteria. Um following that, we'll see if the applicant has anything they'd like to add or elaborate on from the staff's comments. Uh following the applicant's comments, we'll see if anyone uh from the public would like to give general public comment uh regarding the case. Uh following that, we'll give the applicant one last time to uh sort of wrap up any thoughts that they might have. And then we'll close the public testimony portion of the case. Uh following that, I will call for a motion from the board. Uh just uh so that everyone's aware according to our rules of procedure. Um any motion before the Board of Appeals requires four votes in the affirmative. So uh motion would require four out of the five votes in order to pass, uh not just a simple majority. Um if you're uh speaking at the microphone tonight, the first time you speak, if we could have your name and your uh home address for the record. Uh and if you happen to leave the microphone and come back, have your name again. Uh reason for that is that all tonight's proceedings are being recorded. Anyone who feels aggrieved by a decision of the zoning board of the appeals has the right to appeal that decision to circuit court. Uh and that just helps the judge who's reviewing the tape uh keep track of who might happen to be speaking any time when they review the the oral record. Uh do we have any questions about tonight's proceedings? No? Okay. Seeing uh none. If we've got uh any uh cell phones, if you guys could set them to to vibrate or turn them off, uh and hopefully we'll remember to do the same up here. Uh and uh we've got a couple uh housekeeping matters on our agenda here to take care of before tonight's cases, and then following that uh we'll get on with new business. Thank you. Okay, members of the board.

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