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Record of Proceedings

Zoning Board of Appeals Meeting – March 22, 2016: Variance Request for Frederick Memorial Hospital Signage

Zoning Board of AppealsTuesday, March 22, 2016
BodyFrederick, Maryland
SessionZoning Board of Appeals
DateTuesday, March 22, 2016
StatusFILED
Video Record

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Transcript — Verbatim
0:03

Good evening, everybody.

0:04

Welcome to the March 22nd, 2016 meeting of the City of Frederick Zoning Board of Appeals.

0:11

Sorry for the late start here.

0:14

We had a little bit of administrative shuffling around to do, but uh we're all here and ready to go.

0:21

Um little bit of background on the zoning board of appeals uh uh for anybody uh interested.

0:28

Uh we members of the board are all volunteers.

0:32

We are all residents of the city.

0:33

We are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen.

0:40

Uh we have five voting members, and all five voting members are with us uh tonight.

0:45

Uh we are operating under our newly adopted uh rules of procedure, which we adopted at last month's uh meeting of the ZBA.

0:55

Um for the most part, uh the process uh is gonna remain the same for uh anybody who's a veteran of the ZBA, but if we kind of get a little uh juggled around uh tonight, I hope you all bear uh with us as we work our way through it.

1:12

Um we have uh light agenda tonight, but we do have a couple of administrative uh items on the agenda before we get to uh tonight's cases.

1:22

Uh members of the board, uh, before you are the minutes uh from the February 23rd, 2016 meeting of the zoning board of appeals.

1:32

Um I will entertain a motion.

1:35

Okay.

1:35

I move to approve those minutes of February 23rd, 2016 as written.

1:40

We have a motion to approve from Ms.

1:42

Colby.

1:42

Do we have a second?

1:43

Second.

1:44

Second from Mr.

1:44

Butcher.

1:45

Do we have any additional discussion on the motion?

1:50

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

1:54

Aye.

1:54

Aye.

1:55

Any opposed?

1:57

No.

1:58

Then the minutes are approved as written.

2:02

Item number two on our agenda tonight.

2:05

Uh, this is a new addition for us.

2:07

Uh a public hearing swearing in.

2:09

Uh if anybody is planning on uh speaking tonight, testifying on tonight's cases.

2:16

If we could uh have you stand and raise your right hands.

2:21

Uh do you solemnly swear or affirm that responses given and statements made to this hearing before the zoning board of appeals will be the whole truth and nothing but the truth?

2:30

If so, answer I do.

2:34

Thank you all.

2:39

All right.

2:42

And item number three on our agenda is general public comments.

2:46

So uh if anyone has general public comments about zoning in the city of Frederick that does not relate to tonight's cases, uh this is uh time that citizens can uh speak on those topics.

3:00

Seeing none, uh, which is typical.

3:03

Uh we will move on.

3:05

Uh item number four, old business.

3:07

We have none before the board, and that brings us to new business.

3:10

One case tonight, case ZBA 1693 V for a variance at 400 West 7th Street.

3:17

Mr.

3:18

Love, do you have the staff report?

3:21

I do.

3:21

Thank you, Mr.

3:22

Chair.

3:26

The applicant is requesting for variances under this application.

3:30

Uh the first is a variance to the requirements of section 604S to allow more than one freestanding sign on a street frontage.

3:39

The second is to allow for three new freestanding signs to exceed the 32 square foot maximum size permitted under 864S.

3:50

The third is to table 864-1 to allow each of the new uh freestanding signs to exceed the maximum height restriction of six feet to allow for a height of seven feet and four inches.

4:05

And the last uh variance request is to table 864-1 to increase the maximum allowable sign area for the lot from uh 128 square feet to 812.2 square feet.

4:20

Frederick Memorial Hospital uh campus sits or consists of 15.79 acres with an above ground building area of approximately uh 700,000 square feet per the Department of Assessments and Taxation data sheet.

4:36

There are three vehicular entrances uh to the site along West 7th Street, uh the primary and most prominent streetscape to the to the hospital.

4:46

Uh the linear frontage of West 7th Street is approximately 940 square feet or sorry, linear feet.

5:00

The hospital has expanded and upgraded services over the last few years, and several site plan applications have been submitted, including one for a helipad edition, parking deck expansion, and most recently a 21,329 square foot expansion to create a new main entrance on the west side of the campus.

5:15

These ongoing improvements have prompted the hospital to re-evaluate their existing signage and seek approval for new signage in an effort to promote accessibility and safety.

Discussion Breakdown — Share of Meeting
Signage Regulation█████████████████████████████████████████████60%
Procedural████████████16%
Hospitals███████9%
Transportation Safety█████6%
Frederick Memorial Hospital███4%
Succession Planning██3%
Board Appointments██2%
Summary of Proceedings

Zoning Board of Appeals Meeting – March 22, 2016

Date: March 22, 2016
Time: 7:00 PM
Location: City Hall, 101 North Court Street, Frederick, MD
Broadcast: Channel 99 (cable) and Channel 99 Online

The Zoning Board of Appeals held a public hearing on a single new business item: a variance application (ZBA 16-93 V) by Frederick Memorial Hospital to modify sign regulations at 400 West 7th Street. The meeting began with approval of the previous meeting's minutes, a public hearing swearing-in for those testifying, and an opportunity for general public comments (none were offered). The board then heard the staff report and considered four variance requests related to freestanding signage on the hospital's 15.79-acre campus. A motion to approve the first variance was made and seconded; the record does not indicate the final vote on that motion or the board's actions on the remaining variances.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the minutes of the February 23, 2016 meeting as written.

Public Comments & Testimony

  • General Public Comments: No members of the public spoke during the general comments period.
  • Public Hearing Swearing-In: Individuals intending to testify on the variance case were sworn in.

Discussion Items

  • Case ZBA 16-93 V – Frederick Memorial Hospital (400 West 7th Street): The applicant requested four variances from the Land Management Code (LMC) signage standards in the Institutional zoning district:

    1. To allow more than one freestanding sign on a street frontage (Section 604S).
    2. To allow three new freestanding signs to exceed the 32-square-foot maximum size (Section 864S).
    3. To allow each new freestanding sign to exceed the maximum height of 6 feet, up to 7 feet 4 inches (Table 864-1).
    4. To increase the maximum total sign area for the lot from 128 square feet to 812.2 square feet (Table 864-1).

    The hospital's property includes approximately 700,000 square feet of building area, 940 linear feet of frontage on West 7th Street, and three vehicular entrances. The hospital argued that ongoing expansions (e.g., helipad, parking deck, new main entrance) necessitate improved directional and informational signage, and that the existing restrictive standards create a hardship. Staff recommended approval of the first three variances but recommended denial of the fourth (increase in total sign area) because the applicant's justification was insufficient to meet the required criteria.

    The board discussed the variances individually. Chair Aronow clarified that the seven findings of fact in the staff analysis correspond to the seven criteria the board must address. A motion was made by Mr. Butcher and seconded by Mr. Patchon to approve the first variance (allowing more than one freestanding sign on a street frontage), with specific findings of fact recited in the motion. The transcript ends before the motion is voted on or further variances are considered.

Key Outcomes

  • Minutes Approved: Unanimous.
  • First Variance (Multiple Signs): Motion made and seconded; vote result not recorded in the provided materials.
  • Second, Third, and Fourth Variances: No motion or vote shown in the transcript. Staff had recommended approval of the second and third, and denial of the fourth.
  • Next Steps: The board may continue deliberation at a future meeting, or the record may be completed once voting occurs.

Meeting Transcript

Good evening, everybody. Welcome to the March 22nd, 2016 meeting of the City of Frederick Zoning Board of Appeals. Sorry for the late start here. We had a little bit of administrative shuffling around to do, but uh we're all here and ready to go. Um little bit of background on the zoning board of appeals uh uh for anybody uh interested. Uh we members of the board are all volunteers. We are all residents of the city. We are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. Uh we have five voting members, and all five voting members are with us uh tonight. Uh we are operating under our newly adopted uh rules of procedure, which we adopted at last month's uh meeting of the ZBA. Um for the most part, uh the process uh is gonna remain the same for uh anybody who's a veteran of the ZBA, but if we kind of get a little uh juggled around uh tonight, I hope you all bear uh with us as we work our way through it. Um we have uh light agenda tonight, but we do have a couple of administrative uh items on the agenda before we get to uh tonight's cases. Uh members of the board, uh, before you are the minutes uh from the February 23rd, 2016 meeting of the zoning board of appeals. Um I will entertain a motion. Okay. I move to approve those minutes of February 23rd, 2016 as written. We have a motion to approve from Ms. Colby. Do we have a second? Second. Second from Mr. Butcher. Do we have any additional discussion on the motion? Seeing none, all those in favor signify by saying aye. Aye. Aye. Any opposed? No. Then the minutes are approved as written. Item number two on our agenda tonight. Uh, this is a new addition for us. Uh a public hearing swearing in. Uh if anybody is planning on uh speaking tonight, testifying on tonight's cases. If we could uh have you stand and raise your right hands. Uh do you solemnly swear or affirm that responses given and statements made to this hearing before the zoning board of appeals will be the whole truth and nothing but the truth? If so, answer I do. Thank you all. All right. And item number three on our agenda is general public comments. So uh if anyone has general public comments about zoning in the city of Frederick that does not relate to tonight's cases, uh this is uh time that citizens can uh speak on those topics. Seeing none, uh, which is typical. Uh we will move on. Uh item number four, old business. We have none before the board, and that brings us to new business. One case tonight, case ZBA 1693 V for a variance at 400 West 7th Street. Mr. Love, do you have the staff report? I do. Thank you, Mr. Chair.

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