Frederick Zoning Board of Appeals Meeting – September 29, 2015

The City of Frederick Zoning Board of Appeals (ZBA) met on September 29, 2015, at 7:00 PM in City Hall, 101 North Court Street. The board considered two major cases: a conditional use application for an adult living facility at 602 Crossover Court (denied) and an intensification of a nonconforming use for a convenience store at 1600 Rosemont Avenue (approved). The meeting also included approval of previous minutes and a postponement of the rules of procedure review.

Board Business

• Approval of Minutes: The August 25, 2015, minutes were approved as amended to correct the spelling of Ms. Colby's name. The motion carried unanimously.
• Rules of Procedure: The review and approval of the ZBA Rules of Procedure was continued to the next regular meeting (October or November) because revisions were not finalized and needed prior public notice.

Public Comments & Testimony

• General Public Comments: None were offered.
• Conditional Use Case (ZBA15-394CU): Nine residents of the Emerald Farm community spoke in opposition to the proposed adult living facility at 602 Crossover Court. Key concerns included:
  • Incompatibility with the single-family residential character of the cul-de-sac neighborhood.
  • Increased traffic from staff, visitors, deliveries, and emergency vehicles, which posed safety risks to children playing in the street.
  • Inadequate on-site parking (only 3 legal spaces) and likely overflow onto the narrow cul-de-sac, blocking driveways.
  • Potential decline in property values and precedent for other businesses.
  • Compliance with the Emerald Farm HOA covenants, which restrict use to single-family residential purposes.
  • Safety issues: eight non-ambulatory residents in a two-story home without a sprinkler system, limited emergency access, and no permanent wheelchair ramp.
  • Generation of medical waste and trash beyond weekly city pickup.
  • The applicant's previous facilities in other counties were cited as low-impact, but residents argued this context was different.

Old Business: Conditional Use Application – 602 Crossover Court (ZBA15-394CU)

• Staff Report: Presented by planner Jeff Love. The property is a 3,428 sq. ft. single-family home on a 16,000 sq. ft. lot in the R6 district. The applicant, Midian All, sought conditional use approval to operate an eight-bed adult living facility (domiciliary care). Staff found all six criteria met and recommended approval subject to conditions: parking must be on-site, and state licenses must be obtained.
• Applicant Testimony: Ms. All stated she operates two similar facilities in Montgomery and Frederick counties with no complaints. She emphasized that residents are medically stable, rarely drive, and that only one staff car is present. She noted that group homes with fewer than eight residents are treated as single-family homes under building codes.
• Board Deliberation: Board members cited concerns about the cul-de-sac location magnifying impacts on traffic, parking, noise, and neighborhood character. They referenced criteria in LMC Sections 841A and 312 (items 1, 3, 8, 10, 11, 13) regarding adverse effects on residential character, peaceful enjoyment, and property values. A motion to deny was made and seconded.
• Vote: 4–0 in favor of denial. The application was denied.

New Business: Intensification of Nonconforming Use – 1600 Rosemont Avenue (ZBA15-633NCU)

• Staff Report: Presented by Jeff Love. The Sheets convenience store with gas sales is a legally nonconforming use in the NC (Neighborhood Commercial) district. The applicant proposed a 509 sq. ft. addition to create indoor seating for customers, within the existing developed area of the site. Staff found that the intensification met all criteria: it did not expand beyond historic boundaries, did not change the use character, and was integral to the existing convenience store. Staff recommended approval with the condition that final site plan approval and building permits be obtained within two years.
• Applicant Testimony: Represented by attorney Dave Severn and engineer Brian Soyka. They described the addition as part of a broader store remodel to improve customer convenience and update the facade. The addition would replace an existing patio area, adding no new impervious surface. They noted that the store already has 33 parking spaces, sufficient for the expansion.
• Public Comments: None were offered.
• Board Deliberation: Board members noted the simplicity of the expansion and found no significant concerns. A motion to approve with the staff-recommended findings and conditions was made and seconded.
• Vote: 4–0 in favor of approval. The intensification of nonconforming use was approved.

Key Outcomes

• 602 Crossover Court (ZBA15-394CU): Conditional use for an adult living facility was denied (4–0). The board found that the proposal would adversely affect the character of the residential neighborhood, particularly due to the cul-de-sac location and associated traffic, parking, and safety issues.
• 1600 Rosemont Avenue (ZBA15-633NCU): Intensification of nonconforming use for a convenience store addition was approved (4–0). The approval is subject to obtaining final site plan approval and a zoning certificate/building permit, with construction to commence within two years.