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Record of Proceedings

City of Frederick Zoning Board of Appeals Meeting - February 25, 2015

Zoning Board of Appeals — Wednesday, February 25, 2015

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateWednesday, February 25, 2015

StatusFILED

Video Record

0:00 / 30:57

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

0:58

Let's see.

0:58

All right, there we go.

1:01

Good evening, everybody.

1:03

Welcome to the City of Frederick Zoning Board of Appeals for February 24th, 2015.

1:17

And I see a lot of familiar faces.

1:20

But just for the edification of anybody at uh home, a little background on the zoning board of appeals.

1:27

We are all residents of the City of Frederick and volunteers.

1:30

We are appointed by the mayor.

1:31

Those appointments are confirmed by the Board of Aldermen.

1:35

We have five voting members and one alternate.

1:39

Tonight, Mr.

1:39

Kennedy on my far uh left is our alternate for this evening.

1:45

In addition to the members of the ZBA, we also have support from city staff.

1:52

Tonight, uh to my far right and your far left is Ms.

1:56

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

1:59

Uh among her many responsibilities, she supports the zoning board of appeals in our activities.

2:06

Typically, Ms.

2:07

Leo Ortiz is uh to our left uh taking minutes and uh helping us with our administrative activities.

2:14

She is not here tonight.

2:15

Uh that being said, uh all of tonight's proceedings are still being recorded as usual.

2:22

Um the reason for that being is that anyone who is aggrieved by a decision of the zoning board of appeals has a right to the peak appeal our decision to the circuit court.

2:33

Uh if uh and I I've been here long enough that I used to say if anybody has cell phones, everybody has cell phones now.

2:41

Um so if you guys could set those uh to silent or to vibrate uh and turn them down, that would be great.

2:47

Uh as I mentioned, we only have really one item of business uh on tonight's agenda besides a couple of housekeeping matters.

2:55

Uh and we'll get to that uh presently.

2:58

Thank you.

3:02

Members of the board, uh uh item number one under our regular board business is review and approval of the meeting minutes from our January 27th, 2015 minutes.

3:14

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

3:19

Move for approval.

3:20

A motion for approval from Mr.

3:22

Butcher.

3:22

Do we have a second?

3:23

No second.

3:24

Second by Ms.

3:25

Colby.

3:26

Do we have any further discussion of the motion?

3:31

Seeing none, uh, all those in favor signify by saying aye.

3:35

Aye.

3:35

Any opposed?

3:37

None opposed.

3:39

And so the minutes are approved.

3:43

Uh item number two uh on our agenda is general public comments related to zoning.

3:51

Um if I could have a second here.

3:54

Um I do uh since uh our meeting in January, I do want to make clear and clarify that these are minutes that these are comments that are not related to tonight's cases.

4:06

Uh so if we do have any sort of comments that are about general nature of zoning uh here in the city that is not related to uh case tonight, we are more than happy to hear that.

4:17

Um if it is related to the item on the agenda tonight, we heard testimony and arguments last month.

4:24

Uh and any kind of public input on that uh is closed, and we can't consider that.

4:30

So seeing that, if anybody has general comments regarding uh zoning not related to tonight's cases, happy to hear it.

4:37

Yes, sir.

4:40

And can we have your name and your address for the records?

4:44

Uh 133 West Third Street.

4:47

Uh this is a generic uh comment regarding land management uh code.

4:53

Um it does apply here too.

4:56

But that's uh you can shut me down as you see fit.

5:01

Okay.

5:02

Umce your last meeting, there was a restoration advisory board meeting at Fort Dietrich.

5:10

I am a member of that board.

5:12

And uh finally, after months of poking, uh environmental protection agency came to the party and said, yes, we have a problem.

5:26

And yes, we will be issuing uh environmental uh provisions of control on properties adjoining area B.

5:37

Notice I didn't know.

Discussion Breakdown — Share of Meeting

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

Legal Matters███████████████████████████████████████39%

Procedural████████████████16%

Miscellaneous███3%

Summary of Proceedings

City of Frederick Zoning Board of Appeals Meeting - February 25, 2015

Note: The agenda and transcript indicate the meeting was held on February 24, 2015, but per the user's instruction, the date is listed as February 25, 2015.

The Zoning Board of Appeals (ZBA) met on February 25, 2015, to approve minutes, hear general public comments, and finalize a decision on appeal ZBA14-491A regarding the North Montevue Campus/Citizens Nursing Home. The board voted 4-0 to adopt its findings and order, affirming the Planning Commission's decision.

Consent Calendar

Approved the minutes of the January 27, 2015 meeting unanimously.

Public Comments & Testimony

A speaker from 133 West Third Street, a member of the Fort Dietrich Restoration Advisory Board, reported that the Environmental Protection Agency (EPA) has acknowledged contamination issues and will issue provisions of control on properties adjoining Area B. The speaker stated he will distribute the meeting minutes and associated slideshow to the board via staff.

Discussion Items

Supplemental Memorandum: The board declined to accept a supplemental memorandum submitted by the appellant's attorney, Mr. Flynn, because the special rules of procedure do not provide for submission of additional materials after the record is closed. The board did not take a formal vote; the item died without a motion.
Ex Parte Communication Disclosure: The chair asked members to disclose any informal conversations about the case. One member mentioned talking to Don Linton, a friend from Sunday school, but stated they did not discuss the case.
Draft Decision for ZBA14-491A: The board reviewed a draft decision reflecting a split vote on the appeal. The majority (three members) found that the Planning Commission had sufficient evidence to support its decision, and the board could not substitute its judgment. The minority (two members) disagreed, finding that the application was incomplete when considered by the Planning Commission. The board discussed and agreed to two amendments:
- Add a sentence acknowledging that the incomplete application issue was resolved (the application became complete by the time the appeal reached the ZBA).
- Delete the word "so" from a sentence on page three of the draft to improve clarity.

Key Outcomes

The board voted 4-0 to adopt the findings, conclusions, decision, and order as amended. The decision affirms the Planning Commission's decision on the North Montevue Campus/Citizens Nursing Home appeal (ZBA14-491A). Because four votes are required to reverse a Planning Commission decision and only three members voted to affirm, the effect is that the appeal is denied and the Planning Commission's decision stands. The minority opinion is included in the document.
No new business was presented or discussed.
The meeting adjourned after the vote.

Meeting Transcript

Let's see. All right, there we go. Good evening, everybody. Welcome to the City of Frederick Zoning Board of Appeals for February 24th, 2015. And I see a lot of familiar faces. But just for the edification of anybody at uh home, a little background on the zoning board of appeals. We are all residents of the City of Frederick and volunteers. We are appointed by the mayor. Those appointments are confirmed by the Board of Aldermen. We have five voting members and one alternate. Tonight, Mr. Kennedy on my far uh left is our alternate for this evening. In addition to the members of the ZBA, we also have support from city staff. Tonight, uh to my far right and your far left is Ms. Rachel DePo, and she is an assistant attorney with the City of Frederick. Uh among her many responsibilities, she supports the zoning board of appeals in our activities. Typically, Ms. Leo Ortiz is uh to our left uh taking minutes and uh helping us with our administrative activities. She is not here tonight. Uh that being said, uh all of tonight's proceedings are still being recorded as usual. Um the reason for that being is that anyone who is aggrieved by a decision of the zoning board of appeals has a right to the peak appeal our decision to the circuit court. Uh if uh and I I've been here long enough that I used to say if anybody has cell phones, everybody has cell phones now. Um so if you guys could set those uh to silent or to vibrate uh and turn them down, that would be great. Uh as I mentioned, we only have really one item of business uh on tonight's agenda besides a couple of housekeeping matters. Uh and we'll get to that uh presently. Thank you. Members of the board, uh uh item number one under our regular board business is review and approval of the meeting minutes from our January 27th, 2015 minutes. I believe you have those minutes before you, and I will entertain a motion. Move for approval. A motion for approval from Mr. Butcher. Do we have a second? No second. Second by Ms. Colby. Do we have any further discussion of the motion? Seeing none, uh, all those in favor signify by saying aye. Aye. Any opposed? None opposed. And so the minutes are approved. Uh item number two uh on our agenda is general public comments related to zoning. Um if I could have a second here. Um I do uh since uh our meeting in January, I do want to make clear and clarify that these are minutes that these are comments that are not related to tonight's cases. Uh so if we do have any sort of comments that are about general nature of zoning uh here in the city that is not related to uh case tonight, we are more than happy to hear that. Um if it is related to the item on the agenda tonight, we heard testimony and arguments last month. Uh and any kind of public input on that uh is closed, and we can't consider that. So seeing that, if anybody has general comments regarding uh zoning not related to tonight's cases, happy to hear it. Yes, sir. And can we have your name and your address for the records?

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