Frederick Zoning Board of Appeals Approves Signage Variance on September 27, 2016
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Zoning Board of Appeals Meeting – September 27, 2016
The City of Frederick Zoning Board of Appeals met on Tuesday, September 27, 2016, at 7:00 PM at City Hall, 101 North Court Street. The board addressed one variance application (ZBA16-676V) from New York, New York Salon at 1201 N Market Street, approved the August 23, 2016 meeting minutes, and received no general public comment.
Consent Calendar
- Approved the August 23, 2016 meeting minutes by unanimous voice vote.
- No old business was on the agenda.
Public Comments & Testimony
- Neil Wirth of 1204 N Market Street spoke in support of the renovation and asked questions about signage sight lines, safety for students, and illumination. He expressed appreciation for the project and requested that customers be encouraged to watch for students.
- A resident of 11 West 12th Street (name not stated) asked about awning signage and the effectiveness of rear-facade signage; they expressed concern about illuminated signs but were told the proposed signs would not be illuminated.
- Applicant Mary Louise Riser, owner, testified about her passion and investment in restoring the building, emphasizing preservation of historic character.
- Chris Fair, representing the applicant, described minimal exterior changes and noted the freestanding sign would aid traffic safety by alerting drivers to the driveway location.
Discussion Items
- Staff Report: Gabrielle Collard presented the staff report recommending approval of ZBA16-676V. The property is zoned R6 (low-density residential) and houses a nonconforming funeral home converted to a salon/day spa via a 2015 substitution of nonconforming use. The applicant proposed 30.65 sq ft of signage: 2.5 sq ft freestanding sign, 16.49 sq ft attached sign, and 11 sq ft awning sign. Staff found all seven variance criteria satisfied, noting the signage is modest compared to allowances in other districts and unobtrusive to neighbors (rear facade 130 ft and awning 110 ft from nearest residences).
- Board Questions: Members asked about visibility of the freestanding sign, the condition of the garage, and clarity of the sign location. The applicant stated the sign would be unobstructed and that the driveway is difficult to see, creating safety concerns.
Key Outcomes
- The board voted 4–0 to approve ZBA16-676V, granting a variance to allow a total of 30.65 sq ft of signage, including one 2.5 sq ft freestanding sign, a 16.49 sq ft attached sign, and 11 sq ft awning signage, based on staff findings and the board's determination that the variance met all code requirements.
- The variance is subject to the conditions described in the staff report and motion.
Meeting Transcript
Good evening, everybody. Well, welcome to the September 27th, 2016 meeting of the City of Frederick Zoning Board of Appeals. A little bit of uh background and explanation for anybody who might happen to be uh joining us for the first time this evening. Uh members of the zoning board of appeals, we are all residents of the city and volunteers. Uh we are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. Uh in addition to the five voting members of the zoning board of appeals, we also have staff members who support us in our activities and our duties. Um to my far right and everyone's far left is Ms. Rachel DePo. She is an assistant attorney with the City of Frederick. And then next to Ms. DePo is Ms. Gabrielle Collard, and she is the division manager of current planning for the planning department. And uh among her many activities, she supports the ZBA in our work. Uh a little bit about our processes uh for this evening. Um we only have one case on the docket, and I believe I see the applicants here, but typically I say uh when we get to your case, if you can let us know that you're here, that'd be great. Um I will ask then for the staff report to be read into the record. Uh the staff will read or summarize the staff report, and at the end of the staff report, they will make a recommendation regarding the case. Uh their recommendation is one of the elements that we use in our deliberation process, but not the only element. Following the staff's uh recommendation and staff report, we'll uh ask if the applicant has any testimony that they would like to add or anything that they would like to clarify regarding uh the staff's report and the staff's comment. Following that, we will see if anyone from the general public uh wishes to testify regarding the case. And following general public testimony, we'll see if the applicant has any closing remarks they would like to make. Uh that will be the close of our testimony portion of the case. And following that, I will call for a motion from the board. Um motion requires a simple majority to pass. Those three out of the five voting members uh passing in the affirmative to pass a motion. Uh in addition, uh this evening, if uh and I don't know, there we go. Um if you happen to be planning on speaking, uh we will swear uh everybody in uh prior to the testimony. We'll do a group swearing here in a in a minute. In addition, the first time when you come to the microphone, if we can have your name and your home address for the record, that would be very helpful. Um if you happen to leave the microphone and then come back a second time uh for uh to add additional testimony. Uh if we could just have your name stated before you start speaking, uh that would be great. The reason for that is is that all these uh proceedings are recorded, and 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 is reviewing the testimony and listening to the tapes, that helps them keep straight who happens to be speaking at any one time. Are there any questions about uh tonight's procedures from anyone? Okay, seeing none, uh we have a couple of housekeeping items on the agenda to get through before we get to tonight's case. Um, second order of business is general public comment regarding zoning. So if anybody here tonight happens to want to give testimony on zoning within the city of Frederick not related to tonight's case, now's the opportunity to do that. Seeing none. Uh members, uh item number three. You have before you the minutes from the August 23rd, 2016 meeting of the zoning board of appeals, and I will entertain a motion. I move to approve the uh minutes from August 23rd. Motioned uh for approval from Mr. Patchen. Do we have a second? Second. Second from Sterno. Is there any further discussion of the motion? Seeing none, all those in favor signify by saying aye. Aye. Any opposed?
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