Zoning Board of Appeals Meeting - November 15, 2016

Meeting Overview

The Zoning Board of Appeals (ZBA) of Frederick, Maryland, met on November 15, 2016, to consider a conditional use application for a nursing home/domiciliary care/adult living facility at 1417 Grouse Court. The meeting was chaired by Vice Chair Lawrence Aronow in the absence of Chair Jim Racheff. The board heard staff presentation, applicant testimony, and deliberated on the number of residents to be approved. After discussion, the board approved the application for five (5) beds with conditions, denying the applicant's request for eight (8) beds.

Consent Calendar

• Approval of minutes from September 27, 2016, and November 10, 2016 (field trip) was postponed to the December meeting.

Public Comments & Testimony

• No members of the public offered testimony. The only speaker was the applicant, Sandra Reed (1417 Grouse Court), who presented in favor of the application. She stated that she has operated similar facilities for 30 years and argued that the facility would not increase traffic, noise, or negatively affect property values. She initially sought approval for eight (8) beds but indicated she would license for five (5) beds with the state. She expressed willingness to accept five beds if the board preferred.

Discussion Items

• Application Details: Staff presented that the property is zoned R6, lot size 6,403 sq ft, existing single-family home. The use is permitted as a conditional use per LMC §841. The applicant proposed a maximum of five (5) beds initially, but the original application noted eight (8). Parking: garage (2 spaces) plus driveway (2 spaces, but only 3 counted due to access constraints) met minimum requirements for five beds (1.2-1.5 spaces). No exterior changes proposed.
• Parking and Expansion Concerns: Board members discussed the feasibility of eight beds. Staff noted that at eight beds, parking would require 2.4 spaces (still met with 3 spaces) but if the garage were converted to living space, only 2 spaces would remain, violating standards. The board also considered density (500 sq ft per bed; 12 bed max) and the condition that the garage must remain for parking.
• Board Deliberation: Member Dr. Ying expressed discomfort with eight beds due to uncertainty about impacts. After discussion, the board decided to limit approval to five beds, with the option for the applicant to reapply later for an increase. No public opposition was noted.

Key Outcomes

• Approval Granted: The board approved Conditional Use ZBA16-802CU for a nursing home/domiciliary care/adult living facility at 1417 Grouse Court for a maximum of five (5) beds, subject to the following findings:
  1. The use is in harmony with the Comprehensive Plan and Land Management Code.
  2. The use will not create a greater adverse impact than a permitted residential use.
  3. No exterior modifications or expansions are proposed.
  4. The applicant will obtain all required state approvals and licenses.
  5. The property is in a residential setting and residents will be equally protected.
  6. Based on lot area, up to 12 beds are allowed, but the applicant limited themselves to 5 beds per testimony.
• Conditions of Approval:
  1. The garage must be maintained for parking of vehicles only (no conversion to living space).
  2. All visitor parking must occur on-site (garage or driveway).
  3. The applicant must provide the city with documentation of state approvals/licenses.
• Vote: The motion was made and seconded, and all voting members (Lawrence Aronow, Bob Sisson, Dixon Hicks, Stephen Colar, and Dr. Ying) voted in favor. No opposition.
• Adjournment: The meeting adjourned following the vote.