Frederick Zoning Board of Appeals Meeting - July 28, 2015

The Zoning Board of Appeals (ZBA) of Frederick, Maryland, met on Tuesday, July 28, 2015, at 7:00 p.m. at City Hall. Chair Jim Racheff was absent for the first time in 11 years; member Gail Colby chaired the meeting. Two regular members were missing, so alternate Larry Aronow served as a voting member. The board approved minutes from June 23, 2015, postponed officer elections, heard and approved two conditional use applications, and continued a third due to improper public notice.

Consent Calendar

• Approval of Minutes (June 23, 2015): Unanimously approved with one abstention from a member not present at that meeting.
• Board Elections: Postponed to the August 25, 2015 meeting due to lack of a quorum (motion passed unanimously).

Public Comments & Testimony

• No general public comments were offered regarding the ZBA process.
• For the 2132 Infantry Drive case, James McGarrin (NAC#3 board member) attended but did not provide substantive comment; he mentioned a question he later forgot.

Discussion Items

• Update on Rules of Procedure: Member Bob Sisson announced plans to schedule a workshop to update the rules of procedure (last revised in 1998) following the recent text amendment on appeals. This was discussed informally while waiting for staff.

New Business Cases

ZBA15-465CU, Conditional Use – 6 South Bentz Street (Restaurant with Entertainment)

• Applicant: Michael Long, 109 Mason Place, Boonesboro, MD – owner of the establishment (formerly Bent Street Sports Bar, Raw Bar, Raw Barn Grill).
• Staff Report (Gabrielle Collard, Jeff Love): Recommended approval. The restaurant offers unpackaged food at tables (80.3% of 117 seats at tables – 94 table seats vs 23 bar seats). Entertainment (bluegrass, Americana, folk) is conditional; alcoholic beverage and entertainment revenue must not exceed 40% of quarterly total. The property is in the DB zone, so parking and proximity rules do not apply. Noise must comply with city code §15-21. The liquor board requires entertainment to cease by 1:30 a.m.
• Applicant Statement: Previously owned Bushwallers for 12 years with live music five nights a week; only two noise complaints in that period (due to doors being left open). He tested the acoustics at the new location and stated music is difficult to hear outside.
• Board Discussion: No public comment. Board members noted the site’s history of entertainment and lack of noise issues.
• Vote: Unanimous approval (4-0) with two conditions: (1) apply for zoning certificate within two years, (2) submit quarterly revenue statements for one year starting Q4 2015.

ZBA15-456CU, Conditional Use – 2132 Infantry Drive (Home Occupation for Firearm Sales and Repair)

• Applicant: Robert Jacobs, 2132 Infantry Drive, Frederick, MD.
• Staff Report (Jeff Love): Recommended approval. The property is in an R4 district; home occupations are conditional. The business will use ~50 sq ft (well under the 300 sq ft/20% limit). No customers will visit; only occasional FedEx/UPS deliveries (one daily maximum). No external evidence of business. No employees besides the resident. Staff added a condition requiring documentation of state/federal licenses within one year (since the applicant needs ZBA approval first).
• Applicant Statement: Business involves firearm sales and minor repairs (modifications, not manufacturing). Background checks are performed via ATF hotline. No ammunition sales. Testing at gun ranges. Federal license (ATF) pending; Maryland State Police licensing also required.
• Board Questions: Clarified nature of repairs, testing locations, sales channels (gun shows, online, dealer-to-dealer). Applicant confirmed no customer visits, no external signage, and that children play in the neighborhood – transparency is important.
• Public Comment: None substantive.
• Vote: Unanimous approval (4-0) with two conditions: (1) zoning certificate must be obtained, (2) if violations occur, approval automatically revoked; (3) documentation of all required licenses must be submitted within one year.

ZBA15-394CU, Conditional Use – 602 Crossover Court (Nursing Home/Adult Living Facility) – Continued

• Reason: During the board’s site visit on July 24, 2015, it was discovered the property was not posted with a public notice sign as required by the Land Management Code. The owner had posted the sign on Prospect Hall (a different road) thinking it would get more visibility, but it did not comply with regulations. The board voted to continue the case to the August 25, 2015 meeting to allow proper posting.
• Motion: Approved unanimously to continue.

Key Outcomes

• Approved Conditional Use – 6 South Bentz Street: Unanimous approval for restaurant with entertainment (bluegrass/Americana/folk) subject to revenue reporting and noise compliance.
• Approved Conditional Use – 2132 Infantry Drive: Unanimous approval for home occupation (firearm sales and repair) with conditions including license documentation within one year.
• Continued – 602 Crossover Court: Continued to August 25, 2015 due to improper public notice.
• Election of Officers: Postponed to the August 25, 2015 meeting.
• Rules of Procedure Update: A workshop will be scheduled in the coming months.