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Record of Proceedings

Frederick Zoning Board of Appeals Meeting - February 23, 2016

Zoning Board of Appeals — Tuesday, February 23, 2016

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, February 23, 2016

StatusFILED

Video Record

0:00 / 1:04:29

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

0:13

Welcome to the February 23rd, 2016 meeting of the City of Frederick Zoning Board of Appeals.

0:23

We have a brief agenda before us uh this evening.

0:29

Uh we've got some old business to take care of, and then the um uh no cases on the docket for new business uh but uh some review and approval of internal uh our uh rules of procedure and uh also the calendar and the deadline schedule.

0:46

Um so the first thing we typically do is a uh public swearing in of anyone who happens to give uh be present to give testimony for anybody who happens to be watching at home.

1:00

We have nobody uh in the audience, period uh tonight, so there is no one to swear in.

1:07

Um so if it's all right with uh everyone uh we can go ahead and get to the review and approval of the September 29th, 2015 meeting minutes.

1:16

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

1:22

I move to approve the minutes from our meeting of September 29th, 2015 as written.

1:31

Do we have a second?

1:33

I second.

1:35

Uh oh, okay.

1:37

I was gonna say we've got somebody here's uh second by Dr.

1:39

Ying.

1:40

Uh yes, Brian.

1:41

Discussion.

1:42

Uh uh.

1:45

The minutes are in a new format that I really like.

1:53

Oh I don't think that I remember identifying all the com uh the people who commented report before.

2:04

I think that's uh well I think we have really if we knew.

2:07

I mean, we've we did we don't have that many meetings where that many residents come, but yeah.

2:12

Maybe not.

2:13

Yeah.

2:14

It's probably just been a long time for you.

2:16

Yeah.

2:21

Do we have any other further discussion of the meeting minutes?

2:26

Uh hearing none, all those in favor signify by saying aye.

2:29

Aye.

2:30

Aye.

2:32

Any opposed?

2:34

None opposed, and the minutes are approved as written.

2:37

Uh next on our agenda is general public comments.

2:41

Seeing that we have no members of the public here.

2:44

I think it's safe to bet that we do not have any public comments tonight.

2:49

Uh we have no old business tending before us.

2:52

And so that brings us to new business.

2:54

First item on the agenda is review and approval of the zoning board of appeals rules of procedure.

3:02

Uh code.

3:07

So um since we last met, which was when was that?

3:11

August?

3:12

Um September.

3:14

Okay.

3:15

Might have been August that we talked about the rules, actually.

3:17

Whenever it was, um, I've gone through and and done some just you know, cleaned it up a little more, did some general updates, just generally worked on it a little bit more, added some definitions, um, that sort of thing.

3:30

I'd you know, I didn't do a good red line version to show you exactly what I changed.

3:34

So hopefully everybody had a chance to to read through these.

3:38

Um there are just a few things I wanted to point out, and then we can talk about whatever you want to talk about.

3:45

Um can take questions.

3:47

Uh obviously what we're doing is getting rid of your old rules from the 90s that predate the LMC, and we're finally now that we've got the the LMC in the order that we sort of needed it to be in in terms of um you know the we did the text amendment about appeals and all that sort of thing.

4:05

That's what we were really waiting on before we finished your rules of procedure, just as a reminder.

4:10

So we got all that out of the way several months ago.

4:13

Um we've talked about the rules at least one previous meeting.

4:17

I think this is a pretty good um proposed version that we've got tonight.

4:23

Um of course we can you guys could change these every month if you really wanted to.

4:27

It's just it's been a sort of a big ordeal getting this first proposal done because we were really starting from scratch because I basically had to check out your old rules almost completely.

4:37

And um so I'm sure you know we we might find it necessary to to revise these as we start to use them.

4:44

But in any event, um so like I said, a few things I wanted to point out.

4:49

Uh partly based on some I did get a little bit of feedback from some local attorneys who are zoning nerds like all of us probably.

5:00

I was gonna say like me and Gabrielle just wanted to read our ZPA rules of procedure and offer some comments.

5:03

So um I did have a few things that just came up recently, so I didn't wasn't able to get them to you in advance.

5:10

But so I'll just mention those.

Discussion Breakdown — Share of Meeting

Zoning And Land Use████████████████████████████████32%

Procedural█████████████████████████25%

Legal Matters██████████10%

Ethics Complaints██████████10%

Public Comment███████7%

Noise Ordinance███████7%

Solar Energy█████5%

Elections████4%

Summary of Proceedings

Frederick Zoning Board of Appeals Meeting - February 23, 2016

The Zoning Board of Appeals met on February 23, 2016 at City Hall in Frederick, Maryland. The agenda included no case hearings; the board focused on internal procedural matters: approving minutes, adopting new Rules of Procedure, and approving the 2016-2017 deadline schedule. No members of the public attended. The meeting lasted approximately one hour.

Consent Calendar

Approval of September 29, 2015 Minutes: Approved unanimously as written. (No other consent items were listed.)

Public Comments & Testimony

None. No members of the public were present.

Discussion Items

Rules of Procedure (New Business): Deputy Director Gabrielle Collard presented a proposed update to the ZBA Rules of Procedure, replacing rules from the 1990s. Key discussion points included:
- Cross-examination rule (Rule 6): Staff proposed adding a sentence requiring parties to request cross-examination prior to or immediately after a witness’s testimony to avoid delays. The board agreed to add that language from the county’s rule.
- Alternate member participation (Rule 6): Staff proposed language that the alternate may only participate in discussions of cases they will vote on (i.e., when replacing an absent or disqualified member), and should sit with the public otherwise. Board members expressed mixed views: Brian noted the alternate’s expertise could be valuable, while others cited concerns about due process and potential influence on decision-makers. After discussion, the board decided to retain the restrictive language, with the understanding it could be amended later if problematic.
- Continuances for non‑compliance (Rules 3.1/3.3): Board raised that the rules did not explicitly address continuances when an applicant fails to post required signs. It was agreed to add a general provision (3.1D) allowing a 30‑day continuance for failure to comply with the LMC.
- Subpoenas (Rule 5.8): A new subpoena rule was included, though members noted it had never been used. No objection was raised.
- Order of business (Rule 4): The agenda listed general public comment after new business. Some members preferred it at the beginning (as previously). Staff noted the rule already gives the chair discretion, and no change was made.
2016-2017 Deadline Schedule: Staff proposed the annual schedule of filing and hearing dates. Two date changes were discussed:
- April 26, 2016 coincides with the presidential primary election and the city budget hearing; board agreed to move the meeting to April 19, 2016.
- November 22, 2016 falls two days before Thanksgiving; board agreed to move to November 15, 2016.
- The schedule was approved with those adjustments.
Other Topics (Good of the Cause):
- Live entertainment ordinance: Board members inquired about recent changes to Section 856 (restaurant entertainment). Staff explained the text amendment removed specific distance and sales metrics in favor of more subjective compatibility criteria, and added enforcement through municipal infractions and required posting of conditions. The board will apply the new criteria in future cases.
- Solar farms: A member asked about city policies for solar arrays. Staff indicated the city currently treats them as accessory structures; no specific land use exists for utility‑scale solar farms. The board discussed awaiting county guidance and the ongoing sustainability master plan.

Key Outcomes

Minutes Approved: Unanimously approved the September 29, 2015 meeting minutes as written.
Rules of Procedure Adopted: The board voted unanimously to approve the Rules of Procedure as amended (including added cross‑exam timing, continuance provision, and alternate participation rule). The chair will sign the final version.
Deadline Schedule Approved: Unanimously approved the 2016-2017 ZBA deadline schedule, with the April meeting changed to April 19, 2016 and the November meeting changed to November 15, 2016.
No cases heard: No zoning determinations or appeals were on the agenda for decision.

Meeting Transcript

Welcome to the February 23rd, 2016 meeting of the City of Frederick Zoning Board of Appeals. We have a brief agenda before us uh this evening. Uh we've got some old business to take care of, and then the um uh no cases on the docket for new business uh but uh some review and approval of internal uh our uh rules of procedure and uh also the calendar and the deadline schedule. Um so the first thing we typically do is a uh public swearing in of anyone who happens to give uh be present to give testimony for anybody who happens to be watching at home. We have nobody uh in the audience, period uh tonight, so there is no one to swear in. Um so if it's all right with uh everyone uh we can go ahead and get to the review and approval of the September 29th, 2015 meeting minutes. Members, you have those minutes before you, and I will entertain a motion. I move to approve the minutes from our meeting of September 29th, 2015 as written. Do we have a second? I second. Uh oh, okay. I was gonna say we've got somebody here's uh second by Dr. Ying. Uh yes, Brian. Discussion. Uh uh. The minutes are in a new format that I really like. Oh I don't think that I remember identifying all the com uh the people who commented report before. I think that's uh well I think we have really if we knew. I mean, we've we did we don't have that many meetings where that many residents come, but yeah. Maybe not. Yeah. It's probably just been a long time for you. Yeah. Do we have any other further discussion of the meeting minutes? Uh hearing none, all those in favor signify by saying aye. Aye. Aye. Any opposed? None opposed, and the minutes are approved as written. Uh next on our agenda is general public comments. Seeing that we have no members of the public here. I think it's safe to bet that we do not have any public comments tonight. Uh we have no old business tending before us. And so that brings us to new business. First item on the agenda is review and approval of the zoning board of appeals rules of procedure. Uh code. So um since we last met, which was when was that? August? Um September. Okay. Might have been August that we talked about the rules, actually. Whenever it was, um, I've gone through and and done some just you know, cleaned it up a little more, did some general updates, just generally worked on it a little bit more, added some definitions, um, that sort of thing. I'd you know, I didn't do a good red line version to show you exactly what I changed. So hopefully everybody had a chance to to read through these. Um there are just a few things I wanted to point out, and then we can talk about whatever you want to talk about. Um can take questions. Uh obviously what we're doing is getting rid of your old rules from the 90s that predate the LMC, and we're finally now that we've got the the LMC in the order that we sort of needed it to be in in terms of um you know the we did the text amendment about appeals and all that sort of thing. That's what we were really waiting on before we finished your rules of procedure, just as a reminder. So we got all that out of the way several months ago.

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