City of Frederick Zoning Board of Appeals Meeting – June 28, 2016
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
City of Frederick Zoning Board of Appeals Meeting – June 28, 2016
The Zoning Board of Appeals met on June 28, 2016, at 7:00 PM at City Hall to consider one conditional use application for a home occupation. The meeting included administrative items, public comments (none offered), and a unanimous vote to approve the request.
Consent Calendar
- Approval of May 24, 2016 minutes: The board postponed approval because members did not have the minutes available. The motion to postpone until the next meeting passed unanimously.
Discussion Items
- Case ZB16-452CU – Conditional Use for Home Occupation at 2017 Chamberlain Drive: The applicant, Matt Jones (resident of 2017 Chamberlain Drive), requested conditional use approval to store a utility trailer (approximately 50 square feet) in his attached garage for his hauling business. The property is a single-family detached dwelling in the Tuscarora Creek subdivision, zoned low-density residential (R). The need for conditional use arose because storing the trailer exceeded the criteria for a no-impact home occupation.
- Staff Report: Presented by Planner Jeff Love. Staff found that the use met all six criteria under Section 829 of the Land Management Code (LMC): no increased traffic or nuisance; secondary to residential use; no external evidence of business (signage removed from vehicles when parked on the property); no non-resident employees; no deliveries; and compliance with the Comprehensive Plan’s economic development goals. Staff recommended approval with two conditions: (1) apply for and obtain a zoning certificate, and (2) remove all business signage from vehicles when parked on the subject property or within the Tuscarora Creek subdivision.
- Applicant Testimony: Matt Jones confirmed the nature of the business (hauling, operated solely by him, mostly off-site) and that the trailer would be stored in the garage. He stated he would remove magnetic door signs from his truck when parked at home.
- Board Questions: No additional questions from board members. The chair noted that without the trailer storage, the use would have qualified as a no-impact home occupation.
Key Outcomes
- Vote on ZB16-452CU: A motion for approval, incorporating the staff’s findings of fact and the two conditions, was made by Mr. Butcher and seconded by Mr. Aronow. The board voted 4–0 in favor (members present: Racheff, Aronow, Butcher, and the alternate Overby? The transcript says
Meeting Transcript
Good evening, everybody. Welcome to the June 28th, 2016 meeting of the City of Frederick Zoning Board of Appeals. Just to give uh you all a little bit of background in uh in case anybody's watching at home. Uh the members of the zoning board of appeals, we are all residents of the city and volunteer. Uh we are appointed by the mayor, and those appointments are confirmed by the board of aldermen. Uh we have five voting members and one alternate uh with us tonight. Uh tonight, Mr. Overby will be the alternate. Um let's see. We've changed our rules recently, so let's see if I get this right this time. Um speaking tonight uh and assisting us with our activities are members of the staff of the planning department and the legal department. So to my far right and your far left is Ms. Rachel DePo, and she is the assistant attorney with the City of Frederick. And then uh next to Ms. DePo is Mr. Jeff Love, and he is a planner uh in the planning department uh here with the city. Uh a couple things about the procedures uh for tonight. Uh everything tonight is being uh recorded. Uh so uh when and if you come to give testimony, if we could have your name and your address, just so that we get that into the record, that would be a great help. Um typically, if we have a more crowded house, um I say that if you happen to leave and come back to the microphone, if we could have your name again, that's great. It helps get that all straightened out. Um the reason that we're recording all the proceedings tonight is that uh if anyone is aggrieved by a decision of the zoning board of the appeals, uh you have a right to appeal our decision to the circuit court, and that helps the judges keep straight who happens to be talking at at any time while they're reviewing the tapes. Um the way that our process will work uh is that uh uh I will call your case. I assume that you're here for our one case tonight. Uh so I'm gonna I'm gonna say that the applicant is in the house. Um at that time I'll ask for the staff report. Uh the staff will uh go through and summarize the staff report, and at the end of the staff report, they'll give a recommendation regarding the case. That's one criteria that we use in our decision making, but not the only criteria. Uh so then we'll ask the applicants if they would like to add any testimony, if there's anything they'd like to clarify. Uh during that time, members of the board may ask questions of the applicant. Uh following that, we typically see if there's anybody who wants to give public testimony regarding the case. Um and then following that, we ask the applicant if there's any closing remarks that they would like to make. Um that would close our testimony portion uh of the of the meeting, and I will call for a motion for the board. Uh three votes in the affirmative, carry a motion, so three out of five uh will uh uh allow us to take action on whatever motion happens to be on the floor. So uh any questions along those lines? Yeah, if not, you can always ask as we go. So we have a couple of housekeeping uh matters that we have on the agenda tonight. Um the and I'm gonna swap these two because it makes a little bit more sense after going over all the rules. Uh the first thing we're gonna do if we can is the swearing of people who might testify. Um so if anybody who is planning on speaking tonight could raise your right hand. Do you solemnly swear or affirm that the responses given and the statements made in this hearing before the zoning board of appeals will be the whole truth and nothing but the truth? If so, answer I do. I do. All right. That makes more sense that way. So um second item on our agenda tonight is just a review and approval of our May 24th, 2016 minutes. Members of the board, you have those minutes before you. Um and I'll entertain a motion. You don't have them. Don't either.
openpublica.com