Frederick Zoning Board of Appeals Meeting - April 27, 2016
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Frederick Zoning Board of Appeals Meeting - April 27, 2016
The Zoning Board of Appeals met on April 27, 2016, at 1:00 PM in City Hall. The board approved the previous meeting minutes and heard one conditional use case for a restaurant with entertainment at Lallo's Pizza. After testimony and discussion, the board approved the request with conditions.
Consent Calendar
- Approval of March 22, 2016 Minutes: The board unanimously approved the minutes from the March 22, 2016 meeting.
Discussion Items
- ZBA16-139CU – Conditional Use for Restaurant with Entertainment, 5 Willowdale Drive (Lallo's Pizza): The applicant, Juan Rojas, sought conditional use approval to offer entertainment (DJs, live music, karaoke) at his existing pizza restaurant. Staff planner Jeff Love presented the report, noting that the 2013 application was denied due to a separation distance requirement that has since been removed by ordinance G16-8. The property is located 380 feet from the nearest residential property and 460 feet from the nearest residential unit, separated by Key Parkway. The applicant proposed entertainment on Wednesday through Sunday from 9 PM to 2 AM, but staff recommended a 1:30 AM end time to align with Frederick County Liquor Board policies. The applicant demonstrated proactive measures: a certified noise level meter, ID scanner, metal detector, and cooperation with police. The restaurant has 54 dining seats and 10 bar stools (84% table seating). A fire code review revealed that the building lacks sprinklers, which must be addressed separately for a certificate of occupancy. No public testimony was offered. Board members questioned the applicant about compatibility with the neighboring Way Off Broadway Theatre, and the applicant agreed to limit loud entertainment on their show nights. The board praised the applicant's proactive approach.
Key Outcomes
- Motion to Approve: Member Butcher moved to approve the conditional use with findings that the use complies with the Comprehensive Plan, Land Management Code, and Section 856 criteria. Conditions included: 1) application for a zoning certificate within two years, 2) posting of property with placards detailing conditions, and 3) entertainment must cease at 1:30 AM. The motion was seconded by Member Patchen.
- Vote: The motion passed 3-1, with Chair Racheff, Vice Chair Aronow, and Member Sisson voting in favor, and Member Ying voting against. (The transcript indicates four members present; the fifth member was expected but not confirmed present. The vote was taken with four members, and a majority of three approved.)
- Additional Note: The board clarified that the zoning certificate will not be issued until fire code compliance is resolved, but the zoning approval is independent of that review.
Meeting Transcript
Hello everybody. Welcome to the April 19th, 2016 meeting of the City of Frederick Zoning Board of Appeals. For the uh edification for anyone who's not familiar with the zoning board of appeals, uh, we'll start off tonight by going over a little bit of the background. Uh the members of the zoning board of appeals are all uh volunteers. We're all residents of the city. Uh we are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. Uh we typically have uh five voting members on the uh Board of Appeals. We have four tonight, and that does constitute a quorum. Uh so we will go forward with uh tonight's business and uh hopefully our fifth member, who we are expecting to join us here in a little bit, will join us by the time we get to the um first case tonight. Um our procedures will go this evening as uh follows. Um I will call your case uh if uh it's been a while since we've been at the annex. Uh, but if the applicant or the applicant's representative is here, uh you can join us at the uh podium uh to start off with. Um at that time I will ask for the staff report to be read in the to the record. Uh at the end of the staff report, the staff will make a recommendation regarding the case. That recommendation and that report is one thing that the members of the board of appeals will take into uh consideration for our decision making. Uh, but it is not the only criteria. Uh we will then ask for testimony from uh the applicant, and the applicant can uh elaborate or clarify anything regarding the case that they feel uh needs to be pointed out. Um during that time, uh members of the board might ask questions uh of the applicant or of staff members uh who are present. Uh following that we will see if anyone from the public which is wishes to testify regarding the case. And at the conclusion of the public testimony, um we will have the applicant uh see if they have any closing remarks that they would like to make. That will end the testimony uh section uh of the case. Uh following that I will call for a motion uh from the board. Um it requires a majority of board members uh to vote in the affirmative for a motion to carry. So um tonight we do have a quorum, but that still constitute three members of the board having to vote for for any motion that we happen to have before us to carry. Um we did last month adopt new rules of procedure uh for anyone who has been to the ZBA before prior. Um as uh part of us updating our our rules of procedure, which hadn't been updated for quite a while. Um, it is possible for uh members of the public um to cross-examine witnesses or the applicant during uh the case tonight. Um so if uh I see that we uh do not have that many people present in the audience, but if that were to the case, um uh person has an opportunity to question uh any of the testimony uh coming forward um as long as that questioning is within the context uh of the the case and uh relevant to the matter that we're discussing tonight. Um so uh do we have any questions regarding how our procedures will go this evening? Uh no. Um just for the benefit of the audience at home. Uh in addition to the members of the zoning board of appeals, some of the staff who will be supporting us uh here this evening. Uh to my far right and to your far left uh is Mr. Jeff Love. He is the uh city planner with the City of Frederick. Uh and then to my left and everybody else's right, uh we have Ms. Rachel DePo. She is the assistant attorney with the City of Frederick, and among her many duties, she supports our board uh in our activities, and also Ms. Gabrielle Collard. She is the division manager of current planning. It's always a mouthful for me. I usually switch it around and get it backwards. Uh who also supports the activities of the Board of Appeals. And then typically to my far right, but tonight out in the audience is Miss Lee Ortiz. She is the office manager with the City of Frederick. And she keeps us all on schedule and all of our minutes and all of our paperwork in line. We do have one case on the on the DACA tonight, but uh we have a couple of housekeeping member how housekeeping matters to take care of first on tonight's agenda. So we'll go through that and then we'll get on to tonight's cases. Members of the board, uh first item under our board business for tonight is review and approval of the March 22nd, 2016 minutes. Um I believe that you have those in front of you, and I will entertain a motion.
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