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Record of Proceedings

Frederick Zoning Board of Appeals Meeting – September 29, 2015

Zoning Board of AppealsTuesday, September 29, 2015
BodyFrederick, Maryland
SessionZoning Board of Appeals
DateTuesday, September 29, 2015
StatusFILED
Video Record

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Transcript — Verbatim
0:59

Good evening, everybody.

1:01

Welcome to the September 29th, 2015 meeting of the City of Frederick Zoning Board of Appeals.

1:08

I see a lot of new faces in the uh audience.

1:12

Uh so if it's all right with everybody, I'll go a little bit uh into the background of what we do here on the ZBA and how our processes will work tonight before we get to tonight's cases.

1:22

Um the members of the zoning board of appeals, we are all uh volunteers and residents of the city.

1:28

We are appointed by the mayor, and uh those appointments are confirmed by the board of aldermen.

1:35

Uh there are five voting members of the zoning board of appeals who will be voting on tonight's cases uh who are up here on the dais.

1:44

Uh also supporting us in our activities are members of the City of Frederick staff.

1:49

Uh and they may uh be speaking and participating in some of tonight's proceedings proceedings.

1:56

Uh just so uh everyone knows who everyone is.

2:00

To my far right and your far left, all the way at the end is Mr.

2:04

Jeff Love.

2:05

He is a planner with the Department of Planning here in the city.

2:08

Um next to Mr.

2:10

Love is Ms.

2:11

uh Rachel DePo.

2:13

She is the assistant attorney uh with the City of Frederick.

2:17

And then uh here next to Ms.

2:19

DePo is Ms.

2:20

Gabrielle Collard.

2:22

Uh she is the um division manager of current planning in the planning department uh here with the city.

2:29

And then to my far left and your far right, it's Ms.

2:32

Leo Ortiz.

2:34

She is the office manager with the planning department, and among her many, many, many, many duties is to support the zoning board of appeals in our activities.

2:43

A little bit of background on uh how we'll conduct uh tonight's cases.

2:48

Um I will uh call the case uh if the applicant is here, and I'm assuming uh that for both of our cases the applicants are here.

2:57

If you just give me a little wave and let us know that that uh you're here.

3:01

Um the first item we will do is we will ask for the staff report.

3:05

Um the staff will read the staff report into the record, and at the end of the staff report, they will make a recommendation regarding tonight's case.

3:12

Uh that is one criteria that the members of the zoning board of appeals use in our decision-making process, but it is not our only criteria.

3:20

Following uh the staff report, we will uh hear from the applicant.

3:26

Uh the applicant can uh elaborate or expand on anything that's in the staff report or clarify anything that they feel that is needed to be clarified.

3:35

Um following the staff report, we will ask uh if there's any public comment uh regarding tonight's case.

3:42

Uh, and we will hear from members of the general public who wish to speak uh regarding the case before us.

3:48

Following the public comment, we will have a closing statement from the applicant, and that will close our uh public input section of our case.

3:57

I will then call for a motion from the members of the board.

4:00

Um the members will uh deliberate uh the the motion uh and we will need a majority of three out of five members uh to vote uh in favor of a motion in order to carry it.

4:14

Uh if you happen to be speaking uh tonight uh on any of the cases, the first time you come to the microphone, if we could have your name and your address for the record, that would be great.

4:25

Uh if you happen to leave the microphone and then come back to speak for another reason, if we could have your your name again before you start speaking.

4:32

Uh that helps us identify who's speaking on the record.

4:36

Anyone who is aggrieved by a decision of the zoning board of appeals has the right to appeal our decision to the Circuit Court of Maryland.

4:43

And when the judge who's reviewing the case listens back to the audio tapes, it helps them clarify who might happen to be speaking at any one time.

4:51

Do we have any questions about tonight's proceedings in general?

4:57

No.

4:58

Uh seeing none.

5:00

If anybody has uh their uh cell phone ringers uh still up, uh if you could set them to to vibrate or turn the volume down, that would be great.

5:09

Uh we have a couple of housekeeping uh items on the agenda tonight to get to before we get to tonight's cases.

5:16

So if you uh bear with us here, uh we'll get going right away.

5:20

Thank you.

5:24

Members of the board, first item on our agenda tonight under board business is approval of the August 25th, 2015 uh minutes of the ZBA.

5:35

I will entertain a motion regarding the minutes.

5:39

I move to approve the minutes of August 25th, 2015 as written.

5:44

We have a motion for approval from Ms.

5:45

Colby.

5:46

Do we have a second?

5:49

A second.

5:50

Second by Dr.

5:51

Ying.

5:52

Any discussion of the motion?

5:53

Mr.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████49%
Public Comment██████████11%
Community Engagement████████9%
Public Safety███████8%
Public Engagement██████6%
Procedural█████5%
Affordable Housing███3%
Parking Policies██2%
Assisted Living██2%
Summary of Proceedings

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.

Meeting Transcript

Good evening, everybody. Welcome to the September 29th, 2015 meeting of the City of Frederick Zoning Board of Appeals. I see a lot of new faces in the uh audience. Uh so if it's all right with everybody, I'll go a little bit uh into the background of what we do here on the ZBA and how our processes will work tonight before we get to tonight's cases. Um the members of the zoning board of appeals, we are all uh volunteers and residents of the city. We are appointed by the mayor, and uh those appointments are confirmed by the board of aldermen. Uh there are five voting members of the zoning board of appeals who will be voting on tonight's cases uh who are up here on the dais. Uh also supporting us in our activities are members of the City of Frederick staff. Uh and they may uh be speaking and participating in some of tonight's proceedings proceedings. Uh just so uh everyone knows who everyone is. To my far right and your far left, all the way at the end is Mr. Jeff Love. He is a planner with the Department of Planning here in the city. Um next to Mr. Love is Ms. uh Rachel DePo. She is the assistant attorney uh with the City of Frederick. And then uh here next to Ms. DePo is Ms. Gabrielle Collard. Uh she is the um division manager of current planning in the planning department uh here with the city. And then to my far left and your far right, it's Ms. Leo Ortiz. She is the office manager with the planning department, and among her many, many, many, many duties is to support the zoning board of appeals in our activities. A little bit of background on uh how we'll conduct uh tonight's cases. Um I will uh call the case uh if the applicant is here, and I'm assuming uh that for both of our cases the applicants are here. If you just give me a little wave and let us know that that uh you're here. Um the first item we will do is we will ask for the staff report. Um the staff will read the staff report into the record, and at the end of the staff report, they will make a recommendation regarding tonight's case. Uh that is one criteria that the members of the zoning board of appeals use in our decision-making process, but it is not our only criteria. Following uh the staff report, we will uh hear from the applicant. Uh the applicant can uh elaborate or expand on anything that's in the staff report or clarify anything that they feel that is needed to be clarified. Um following the staff report, we will ask uh if there's any public comment uh regarding tonight's case. Uh, and we will hear from members of the general public who wish to speak uh regarding the case before us. Following the public comment, we will have a closing statement from the applicant, and that will close our uh public input section of our case. I will then call for a motion from the members of the board. Um the members will uh deliberate uh the the motion uh and we will need a majority of three out of five members uh to vote uh in favor of a motion in order to carry it. Uh if you happen to be speaking uh tonight uh on any of the cases, the first time you come to the microphone, if we could have your name and your address for the record, that would be great. Uh if you happen to leave the microphone and then come back to speak for another reason, if we could have your your name again before you start speaking. Uh that helps us identify who's speaking on the record. Anyone who is aggrieved by a decision of the zoning board of appeals has the right to appeal our decision to the Circuit Court of Maryland. And when the judge who's reviewing the case listens back to the audio tapes, it helps them clarify who might happen to be speaking at any one time. Do we have any questions about tonight's proceedings in general? No. Uh seeing none. If anybody has uh their uh cell phone ringers uh still up, uh if you could set them to to vibrate or turn the volume down, that would be great. Uh we have a couple of housekeeping uh items on the agenda tonight to get to before we get to tonight's cases. So if you uh bear with us here, uh we'll get going right away. Thank you. Members of the board, first item on our agenda tonight under board business is approval of the August 25th, 2015 uh minutes of the ZBA.

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