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Record of Proceedings

Zoning Board of Appeals Meeting - February 25, 2014

Zoning Board of Appeals — Tuesday, February 25, 2014

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, February 25, 2014

StatusFILED

Video Record

0:00 / 32:04

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

0:23

February 25th uh 2014, meeting of the City of Frederick Zoning Board of Appeals.

0:28

Oh, everybody in the sense that we got three folks uh with us tonight.

0:35

Uh just for uh everyone's general knowledge, I'll kind of go over uh tonight's procedure and a little background about what we're gonna do tonight, and uh we'll see if there's any questions along those lines.

0:47

And uh if not, then we'll get on with uh tonight's agenda if that's all right.

0:52

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

0:56

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

1:02

We have five voting members and one alternate member.

1:06

Uh tonight, Mr.

1:07

Kennedy uh will be our alternate member uh for tonight's cases.

1:13

Uh a little bit um oh um also possibly speaking tonight on tonight's cases um uh and supporting the Board of Appeals.

1:24

Uh just uh for everyone's edification to my far right and your far left, uh we have got Mr.

1:29

Jeff Love.

1:30

He is a uh planner with the city's planning department.

1:34

Next to Mr.

1:35

Love is Ms.

1:35

Rachel Lupeau.

1:36

She is an assistant attorney with the City of Frederick.

1:40

And then closest in here is Ms.

1:43

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

1:48

Right, I got that one right.

1:49

That title always throws me.

1:51

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

1:54

Lee Arztees.

1:55

She is the office manager uh with the planning department, and part of her numerous duties is also to support the zoning board of appeals in our activities.

2:06

Uh tonight's cases.

2:08

Uh I will call your case.

2:10

Uh we only have one case in the agenda, and I think that we've got the applicant here.

2:14

Um no need to shuffle around.

2:18

Uh when I call the case, I'll ask for the staff report.

2:21

Uh staff will read the report into the record.

2:24

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

2:29

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

2:34

Um following the staff report, we'll ask the applicant if they would like to speak on the case and elaborate on anything that was in the staff report, provide any clarification.

2:43

Uh during that time period, members of the board might ask the applicant questions.

2:48

Uh following the applicant's uh testimony, we will see if anyone from the general public would like to speak regarding the case.

2:56

Um following general public uh comments, we will uh give the applicant another opportunity to come in, kind of wrap up uh any last thoughts, and that'll close the public testimony part of the case.

3:09

Um I'll then call for a motion from the board.

3:13

Um just so everyone's aware, our rules of procedure require four four votes out of five in the affirmative to pass a motion.

3:20

So simple majority doesn't pass a motion regarding the case.

3:23

We need four out of five.

3:25

Um you come to the microphone to speak tonight.

3:29

If we could have your name and address for the record, uh and if you happen to leave and come back, if we could have your your name again.

3:36

Uh the reason for that is that anyone who is aggrieved by a decision of the zoning board of appeals has a right to appeal that decision to the Maryland Circuit Court.

3:46

And when the judge who is reviewing the case listens to the transcript, uh that helps them sort out who happens to be speaking at any one time on the tape.

3:56

So any questions about tonight's proceedings.

4:01

No?

4:02

Okay.

4:03

Um if we've any of us have our cell phones, if we could set them to silent or mute, that would be uh great.

4:11

Um folks, we've got uh a couple of housekeeping matters uh on our agenda to start off with, and then after that we'll get on to the case that we've got before us tonight.

4:21

On the first order of business on tonight's agenda, uh item number one, uh approval of the January 28th, 2014 minutes.

4:30

Members, you have those meeting uh minutes uh before you and I'll uh entertain a motion or some comments.

4:39

Um Mr.

4:40

Chairman, I'm uh let's see.

4:43

Looking over the uh minutes from the last meeting on the public comments.

4:50

Uh we have uh noted that Mr.

4:54

Morrow, who resides in the uh affected property readers letter.

5:00

Oh, okay, into the record.

5:02

Yeah, I just wanted to make sure that was there.

5:06

That was submitted as part of the record.

5:09

Yes, and in addition to being noted in the minutes on that is entered into the record, that's part of the case file.

Discussion Breakdown — Share of Meeting

Zoning And Land Use██████████████████████████████████████38%

Procedural██████████████████████████26%

Historic Preservation███████████████████19%

Building Codes██████████████14%

Accessibility███3%

Summary of Proceedings

Zoning Board of Appeals Meeting - February 25, 2014

The Zoning Board of Appeals met on February 25, 2014 at 7:00 PM at City Hall to consider one variance application and routine board business. The meeting included approval of prior minutes and a public hearing on a request to reduce the required rear setback at 105-111 North Market Street to accommodate a code-compliant stairwell and elevator.

Consent Calendar

Approval of January 28, 2014 Minutes: The board approved the minutes from the previous meeting by voice vote (motion by Mr. Patchin, seconded by Ms. Colby). Member Aronow noted that public comments from Mr. Morrow had been entered into the record.

Discussion Items

ZBA14-51V – Variance for 105-111 North Market Street: The applicant, Roger Schrader of Architectural Concepts Group, requested a six-foot variance to reduce the required ten-foot rear setback to four feet in the Downtown Commercial/Residential (DB) district (Section 405(a), Table 405-1). The variance would allow construction of a stairwell and elevator to provide code-compliant egress and ADA access to the upper floors of the two existing historic buildings. Staff planner Jeff Love presented the report, finding all seven variance criteria met: the variance was not contrary to the public interest; historic building constraints and existing zero-lot-line conditions created practical difficulty; the request was the minimum necessary; literal interpretation would deprive the applicant of common rights; no special privilege would be conferred; the variance was in harmony with the code; and the applicant did not create the need. The applicant noted that the project had been reviewed in two Historic District Commission workshops and presented at a NAC 11 meeting. The building owner, Kim Firestone, expressed support for the plan. No public testimony was offered.

Key Outcomes

Variance Granted: The board voted 4-0 to approve the variance (motion by Mr. Butcher, seconded by Dr. Ying). Chair Racheff confirmed four affirmative votes (from Dr. Ying, Ms. Colby, Mr. Patchin, and Mr. Butcher), satisfying the board’s requirement of four out of five votes. The approval allows construction of a two-story addition at the rear of 109 North Market Street, limited to the height of the existing front portion, to house the stairwell and elevator. The project also requires fire sprinklers in both buildings. The variance is a prerequisite for Historic Preservation Commission review.

Meeting Transcript

February 25th uh 2014, meeting of the City of Frederick Zoning Board of Appeals. Oh, everybody in the sense that we got three folks uh with us tonight. Uh just for uh everyone's general knowledge, I'll kind of go over uh tonight's procedure and a little background about what we're gonna do tonight, and uh we'll see if there's any questions along those lines. And uh if not, then we'll get on with uh tonight's agenda if that's all right. Uh the zoning board of appeals, we are all uh residents of the city. We are uh appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. We have five voting members and one alternate member. Uh tonight, Mr. Kennedy uh will be our alternate member uh for tonight's cases. Uh a little bit um oh um also possibly speaking tonight on tonight's cases um uh and supporting the Board of Appeals. Uh just uh for everyone's edification to my far right and your far left, uh we have got Mr. Jeff Love. He is a uh planner with the city's planning department. Next to Mr. Love is Ms. Rachel Lupeau. She is an assistant attorney with the City of Frederick. And then closest in here is Ms. Gabrielle Dunn, and she is the division manager of current planning. Right, I got that one right. That title always throws me. And then to my far left and your far right is Ms. Lee Arztees. She is the office manager uh with the planning department, and part of her numerous duties is also to support the zoning board of appeals in our activities. Uh tonight's cases. Uh I will call your case. Uh we only have one case in the agenda, and I think that we've got the applicant here. Um no need to shuffle around. Uh when I call the case, I'll ask for the staff report. Uh staff will read the report into the record. At the end of the staff report, they will make a recommendation regarding the case. That's one criteria that we use in our decision making tonight, but it's not our only criteria. Um following the staff report, we'll ask the applicant if they would like to speak on the case and elaborate on anything that was in the staff report, provide any clarification. Uh during that time period, members of the board might ask the applicant questions. Uh following the applicant's uh testimony, we will see if anyone from the general public would like to speak regarding the case. Um following general public uh comments, we will uh give the applicant another opportunity to come in, kind of wrap up uh any last thoughts, and that'll close the public testimony part of the case. Um I'll then call for a motion from the board. Um just so everyone's aware, our rules of procedure require four four votes out of five in the affirmative to pass a motion. So simple majority doesn't pass a motion regarding the case. We need four out of five. Um you come to the microphone to speak tonight. If we could have your name and address for the record, uh and if you happen to leave and come back, if we could have your your name again. Uh the reason for that is that anyone who is 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 who is reviewing the case listens to the transcript, uh that helps them sort out who happens to be speaking at any one time on the tape. So any questions about tonight's proceedings. No? Okay. Um if we've any of us have our cell phones, if we could set them to silent or mute, that would be uh great. Um folks, we've got uh a couple of housekeeping matters uh on our agenda to start off with, and then after that we'll get on to the case that we've got before us tonight. On the first order of business on tonight's agenda, uh item number one, uh approval of the January 28th, 2014 minutes.

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