City of Frederick Zoning Board of Appeals Meeting - January 27, 2015
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City of Frederick Zoning Board of Appeals Meeting - January 27, 2015
The meeting was held on January 27, 2015, from 7:00 PM to approximately 9:53 PM at City Hall. The board considered two items: a conditional use application for small cell antennas and an appeal of a Planning Commission subdivision approval. The board also approved minutes and the 2015-2016 deadline schedule.
Consent Calendar
- Approval of November 25, 2014 Minutes: Approved unanimously by voice vote.
- Approval of 2015-2016 Zoning Board of Appeals Deadline Schedule: Approved as amended to move November and December meetings one week earlier (November 17 and December 15, 2015) to avoid holidays. Approved unanimously.
Public Comments & Testimony
- George Rudy (133 W. 3rd Street) spoke during general public comment about environmental concerns related to the Montague property and pollution from Fort Dietrich. The chair stated that comments not related to specific cases would not be considered in the board's deliberations on the pending cases.
Discussion Items
- ZBA14-1006CU – Conditional Use for Small Cell Antennas at 797 East Patrick Street (Frederick Fairgrounds): The applicant, Verizon Wireless, proposed installing four small cell antennas on existing 30-foot utility poles. Staff recommended conditional approval. Board members discussed structural engineering concerns, and the applicant's representative noted that poles would be replaced prior to installation. Public testimony raised health concerns about RF radiation. The board granted conditional approval with conditions including a structural analysis and necessary approvals.
- ZBA14-491A – Appeal of Planning Commission Approval of Subdivision for North Montevue Campus/Citizens Nursing Home: The appellant argued that the Planning Commission failed to adequately consider the comprehensive plan, particularly Chapter 11 (Housing) regarding housing for the elderly and poor. The appellant sought reversal of the subdivision approval. The county and Planning Commission argued that the subdivision met all requirements and that the board should defer to the Planning Commission's decision. After deliberation, the board split 3-2 on whether the Planning Commission's findings were sufficient. The board needed four votes to reverse the Planning Commission's decision; with only three votes for reversal, the appeal failed, and the subdivision approval stands.
Key Outcomes
- ZBA14-1006CU: Approved (4-0) with conditions: (1) provide updated lease/letter of intent, (2) obtain all necessary FAA/MAA approvals, (3) provide a structural analysis for the poles, and (4) obtain a zoning certificate within two years.
- ZBA14-491A: The appeal was not sustained because the board lacked the required four votes to reverse the Planning Commission's decision. The board will draft a written decision reflecting the split and will finalize it at the February meeting.
Meeting Transcript
Good evening, everybody. Welcome to the January twenty-seventh, twenty fifteen meeting of the City of Frederick Zoning Board of Appeals. Uh, all the members of the zoning board of appeals are uh members of the community. We're all residents. Uh, we are appointed by the mayor, and those are appointments are confirmed by the Board of Aldermen. Uh, up here tonight, taking a quick look. We've probably got over uh thirty years of experience here, uh, seeing appeals to the land management code and things related to land use here in the city of Frederick. Um, in addition to the members of the Board of Appeal, we also have city staff, uh, which supports the activities of the Board of Appeals. Uh, to my far right and your far left, we have Ms. Rachel DePo. She is the uh assistant attorney with the City of Frederick, who supports the zoning board of appeals. Uh, and then next to Ms. DePo is Miss Gabrielle Dunn. She is the division manager of current planning with the planning department here in the city of Frederick. Uh and typically to my far left and your far right is Ms. Leah Ortiz, the manager of the planning department. She's unable to be with us tonight. Uh but we wish her well wherever she may be. Uh in addition, one of the activities that Ms. Ortiz provides to us is that uh she records uh all of tonight's proceedings. Our great audiovisual staff is going to be handling that tonight. The reason that that is is that anyone who is aggrieved by a decision of the zoning board of appeals has the right to appeal our decision to circuit court. Uh and the recording of tonight's testimony and tonight's proceedings would be uh one of the items that a judge would review in that instance. Uh a little background on tonight's uh proceedings. Uh we have two cases on our agenda for tonight. Uh a uh conditional use, which is handled under our normal rules of procedure. And then uh further on as our second item, we also have a appeal of a decision from the planning commission. Uh and that is handled under the ZBA special rules of procedure uh that we use uh in those particular instances. Um we get to that case, I will go over the particulars of that element for anybody in the audience that is still uh here tonight. Um but for the uh first case tonight uh just a little bit about the proceedings. Uh we will ask uh if the applicant is present. Uh at that point, I will ask for the staff report uh to be read into the record. Um at the end of the staff report, the staff will give a recommendation regarding the case. The staff report and the staff recommendation is one of the criteria that we use in our evaluation of uh cases before us, but it is not the only uh element. We will then ask to hear from the any testimony from the applicant as to whether or not they have anything they'd like to clarify or expand upon. Uh during that time, members of the board may ask uh the applicant questions. Following that, we'll see if there's any public testimony regarding this matter. Uh and then following public testimony, we will see if the applicant has any closing remarks that will close public testimony, and then we will ask for a vote for the um from the members of the board regarding the case. Uh in both cases tonight, uh just so for everyone's clarification, uh motions before the zoning board of appeal uh require four out of five voting members uh to vote for a motion in order to pass. So a simple majority of three out of the five votes uh uh does not suffice. Uh we need four. Um we have five voting members tonight and uh one alternate member here uh tonight, Mr. Kennedy will be our alternate member. Do we have any questions regarding uh those proceedings or those elements? Uh if not, if everyone could check your cell phones and uh kind of make sure you got them set to vibrated or uh turned down. Uh in addition, uh just based on past experience here, uh it's possible that uh these proceedings may take a little bit tonight. Uh if uh yeah someone needs to get up and leave the the room uh for whatever reason uh please feel free to do so, but try to be uh considerate uh to those around you and to the the folks who are working on the cases. Um certainly uh the the folks uh here for the first case are not required to sit through the second case as uh a matter of proceeding. Uh seeing uh that uh we have no questions uh here from the audience. Uh we do have a couple of housekeeping member matters on our agenda that we'll start with uh for tonight and then we'll get on with tonight's cases.
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