City of Frederick Zoning Board of Appeals Meeting – November 25, 2014
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City of Frederick Zoning Board of Appeals Meeting – November 25, 2014
The Zoning Board of Appeals held a regular meeting on November 25, 2014, at 7:00 PM in City Hall. The board approved the previous meeting minutes, postponed an appeal case, and considered one new conditional use application for a property at 8410 Broadband Drive. The board unanimously approved two conditional uses: an accessory apartment and accessory retail sales, subject to compliance with Land Management Code criteria.
Consent Calendar
- Approval of October 28, 2014 Minutes: The board approved the minutes of the October 28 meeting as written by a voice vote (all in favor, none opposed).
Public Comments & Testimony
- No members of the public provided general comments or testimony on the case before the board.
Discussion Items
- Old Business – Appeal Postponement: Chair Racheff noted that an appeal regarding the Montevue Campus/Citizen’s Nursing Home (ZBA14-491A) had been postponed at the request of the parties involved and would be scheduled for the December 16, 2014 meeting.
- New Business – Conditional Use Application (PZ14-897CU): The applicant, Mark Viani (attorney for Public Storage), requested two conditional uses for 8410 Broadband Drive in the Riverside Corporate Park: an accessory apartment (caretaker’s quarters) and accessory retail sales (packing supplies related to self-storage). Staff planner Jeff Love presented the staff report, recommending approval of both uses based on compliance with Sections 801 and 812 of the Land Management Code. The applicant confirmed that the apartment would be about 954 square feet, the retail space under 600 square feet, and that the uses would provide added security. The board asked clarifying questions about flood insurance and site plan integration. No public testimony was given. The applicant expressed agreement with staff’s findings and the condition that a zoning certificate be obtained within two years.
Key Outcomes
- Motion to Approve Accessory Apartment (Section 801): Moved by Mr. Butcher, seconded by Ms. Colby. The board voted 4-0 in favor (Dr. Ying, Ms. Colby, Mr. Patton, Mr. Butcher voting “for”). The conditional use was granted.
- Motion to Approve Accessory Retail (Section 812E): Moved by Mr. Butcher, seconded by Ms. Colby. The board voted 4-0 in favor. The conditional use was granted.
- Condition of Approval: The applicant must obtain a zoning certificate for both uses within two years of the board’s decision, or the approval becomes void.
- Next Steps: The applicant will continue with the final site plan and architectural review processes. The board adjourned to its next meeting on December 16, 2014.
Meeting Transcript
Good evening, everybody. Welcome to the November 25th 2014 meeting of the City of Frederick Zoning Board of Appeals. A little background on the Zoning Board of Appeals for anybody who might happen to be watching or in the audience. In addition to the members of the zoning board of appeals, we also have staff from the city who will be supporting us in tonight's processes. She is an assistant attorney with the City of Frederick, and she supports the zoning board of appeals in our activities. And then here closest to uh the board members. Um we have Ms. Gabrielle Dunn, and she is the division manager of current planning for the City of Frederick. And then to my far left and your far right, is Ms. Lee Ortiz. She is the office manager of the planning department, and among her many, many duties, she also supports the ZBA. If it's all right, I will briefly go over our rules of procedure for tonight's cases, uh, and then we can uh move on to tonight's agenda, which is relatively short to tonight. Um I will call your case. Uh if we can have an acknowledgement that the applicant is here, that's great. Though I see that we have one case and we seem to have one applicant. Uh I will ask for the staff report. Uh staff will read the staff report into the record. At the end of the staff report, the staff will make a recommendation regarding the case. Uh those recommendations are one criteria that the board members use in our um deliberations in our uh fact finding, uh, but it is not the only criteria in reaching our decision. Um following the staff report, we will see if the applicant has any statement that they would like to make, anything they'd like to elaborate on or clarify um from the staff report. Following that, we will see if anyone from the public uh wants to give testimony regarding the case. And following that, we'll see if the applicant has any closing remarks they'd like to make. Um that will close the public comment section of the case. Uh I will then call for a vote from the board regarding the matter. Uh just for everyone's clarification, according to our rules of procedure. A motion for the zoning board of appeals requires four out of five votes for a motion to pass, so simple majority doesn't pass a motion. Uh we need four out of five. But we do have five members with us tonight, uh, which more than constitutes a quorum. Uh we will all be voting on tonight's matters. Uh do we have any questions regarding the processes? Okay. If uh members of the board and the staff and the audience, if we could turn down the volume and the ringers on our cell phone. I think it's gotten us all from time to time and caught us. Uh we have a couple of housekeeping matters on our agenda to start off, and then we'll get to tonight's new business. Thank you. Members of the board, uh, you have before you the October 28th, 2014 uh minutes uh from our previous meeting. I will entertain a motion regarding those minutes. Um I move to approve the meeting minutes of October 28th, 2014 as written. We have a motion for approval from Miss Colby. Do we have a second? Second. Second from Mr. Kennedy. Uh we can do a simple voice vote here. All those in favor signify by saying aye. Aye. Aye. Any opposed? Seeing none, the meeting minutes of October 28th uh are uh approved as written. Second item on our agenda tonight is general comments about zoning in the city of Frederick, not related to any cases that are before us tonight.
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