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Record of Proceedings

City of Frederick Zoning Board of Appeals Meeting - December 20, 2016

Zoning Board of Appeals — Tuesday, December 20, 2016

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, December 20, 2016

StatusFILED

Video Record

0:00 / 1:21:59

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:09

Good evening, everybody.

0:11

Welcome to the December 20th, 2016 meeting of the City of Frederick Zoning Board of Appeals.

0:19

A little bit of background on the zoning board of appeals for anybody who is new or happens to be watching at home.

0:26

The members of the zoning board of appeals are all residents of the city and volunteers.

0:31

We are appointed by the mayor, and our appointments are confirmed by the Board of Alderman.

0:36

In addition to the members of the board, which we have five voting members in one alternative alternate with us this evening.

0:50

And so just for uh everybody's edification to my far right and everybody's far left is Miss Grace Bogdan.

0:59

She is a planner with the City of Frederick.

1:02

And then there in the middle is Ms.

1:04

Rachel DePo, and she is the assistant uh attorney with the City of Frederick.

1:10

Uh and then closest to me is Ms.

1:13

Gabrielle Collard.

1:15

She is the division manager of current planning for the city.

1:19

And then to my far left and everybody else's far right is Ms.

1:23

Jessica Murphy.

1:25

She is the office manager with the planning department, and among her many, many duties, she supports the ZBA in our activities.

1:34

A little bit about our process for tonight.

1:38

When we get to that part on the agenda, I will announce the case.

1:43

If uh the applicant is here, if we can just have a little indication of that, uh that would be great.

1:49

Uh we're going to start off by asking for the staff report.

1:53

And the staff will uh summarize and read the staff report at the end of the staff report.

1:59

They'll make a recommendation regarding the case.

2:02

Uh that recommendation in the staff report is one item that we use in our decision making, but it's not the only information.

2:10

Following the staff report, we'll ask the applicant to give some testimony.

2:14

If there's anything that they want to clarify or expand on from the staff report, that's the opportunity to do that.

2:23

Members of the board may ask the applicant questions as we go through that process.

2:27

Uh following the applicant's statements, we will see if any members of the general public wish to give testimony about the case.

2:35

And then following that, we'll see if the applicant has any final uh uh comments that they'd like to add to sum up.

2:42

That will close our public input section of the meeting, and then I will call for a vote from the members of the board.

2:50

Uh uh motion and a vote from the Board of Appeals requires three out of five of our voting members uh to vote in the affirmative for that motion to carry.

3:02

Um tonight, Mr.

3:04

Overby uh to my far left is gonna serve as our alternate, and so uh we have a full board up here tonight, and the other five members will be voting on the individual cases.

3:15

Um if you come to the podium to speak tonight, we'll need your name and your um address for the record.

3:24

If you happen to leave and come back to the microphone, if we could just have your name again before you speak.

3:29

The reason for that being is that um all of tonight's proceedings are being recorded, and anybody who is aggrieved by a decision of the zoning board of appeals has a right to appeal our decision to the Circuit Court of Maryland.

3:43

And when the judge is listening to the tapes and trying to figure out who's talking at any one time, that helps keep straight uh who happens to be speaking.

3:51

So do we have any questions about the procedures tonight?

4:00

No.

4:01

Okay.

4:02

Um that being the case, we have a few housekeeping matters on the agenda before we get to the cases.

4:09

Um telling you, I am going to actually uh uh well we'll just go ahead and run through the agenda in the order.

4:20

Um first item on the agenda is general public input regarding zoning.

4:26

So if anybody here who wants to give general public comment about zoning in the city of Frederick that is not related to tonight's cases, um this is an opportunity to do it.

4:36

I think in my 13 years it's happened twice, but if anybody is really interested, uh now's the time.

4:43

Seeing uh no general public comment, we'll move on to item number three.

4:48

Members of the board.

4:49

Uh we have uh field trip and meeting minutes uh from September 27th, November 10th, November 15th, and December 16th in your packet ahead of you.

5:03

Um if uh we don't have any uh additions or corrections to those, we could probably take a single motion uh on those items, or if not, we can address them individually.

5:18

Mr.

5:19

Chair, I have one um the November 15th meeting minutes.

5:23

Okay, which was our last month's meeting.

5:25

We didn't have the minutes for the other two, so I'm made a motion to postpone until tonight.

5:30

Okay, and it uh the minister do not reflect who made that who seconded that motion.

5:35

Oh and I don't recall who seconded that motion, but I assume that we would want to uh since it was an official motion, and we probably need a second and approval.

5:46

Can we find that you can find that revisit though?

5:50

Yeah.

5:50

Okay.

5:53

So if we want to table those minutes until we find that.

5:56

Yeah, we'll go.

5:57

You want to table the 15th, and we'll entertain a motion on the other oh, we've got more input.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████59%

Telecommunications Infrastructure██████████████19%

Procedural████████11%

Fencing Regulation███████9%

Code Enforcement██2%

Summary of Proceedings

City of Frederick Zoning Board of Appeals Meeting - December 20, 2016

This meeting of the City of Frederick Zoning Board of Appeals (ZBA) convened on December 20, 2016. The board considered two new business items: a conditional use application for a telecommunications facility and a variance application for a carport. The board also approved meeting minutes and the 2017-2018 ZBA schedule.

Consent Calendar

Approved the September 27, 2016 meeting minutes (moved by Mr. Aronow, seconded by Mr. Patchen) with one abstention.
Approved the November 10, 2016 field trip minutes (moved by Mr. Patchen, seconded by Mr. Butcher) with no opposition.
Postponed approval of the November 15, 2016 meeting minutes to the next meeting.
Approved the December 16, 2015 field trip minutes (moved by Mr. Butcher, seconded by Mr. Patchen) with two abstentions.

Public Comments & Testimony

No general public comments were made regarding zoning matters.
For Case ZBA16-927CU (telecommunications facility): The applicant, Janice Walker (representing Verizon Wireless via SmartLink), provided testimony explaining that the small cell antenna would improve data capacity in a high-traffic area without increasing noise or other impacts. No public comments were received.
For Case ZBA16-925V (variance for carport): The applicant, Mr. Liu (property owner at 422 Carrollton Drive), testified that the carport would provide covered parking and that similar structures exist on the street. No public comments were received.

Discussion Items

Case ZBA16-927CU: Conditional Use – 490 Monocacy Boulevard

Request: Install a 4-foot small cellular antenna on an existing 24-foot light pole and a 3x3 foot equipment cabinet. Property is owned by Frederick County Bank and zoned General Commercial with an Airport Overlay.
Staff recommendation: Approval, subject to findings that the facility meets all criteria under Section 866 of the Land Management Code (LMC), including structural and RF safety, compatibility with adjacent uses, and no suitable co-location alternatives. Staff noted the need for FAA approval and a 2-year zoning certificate.
Board discussion: Members noted the presence of structural documentation and FAA filing. The applicant confirmed no noise from the battery backup. The motion included specific findings of fact and conditions (FAA approval and 2-year permit validity). The motion passed 4-0 (with one abstention? Actually vote recorded as 4 affirmative, no opposition).

Case ZBA16-925V: Variance – 422 Carrollton Drive

Request: Reduce the required interior side setback from 8 feet to 3’5” to allow construction of an attached carport. The existing principal structure is 13.5 feet from the property line.
Staff recommendation: Denial, finding that the lot does not have exceptional characteristics (condition 2 of variance criteria), the majority of properties on Carrollton Drive lack covered parking, and granting would confer a special privilege and harm neighborhood consistency.
Board discussion: Members expressed concern that condition 2 (unique property characteristics) was not met. The applicant argued that the carport would not negatively impact neighbors and noted that 424 Carrollton has a similar structure. The board debated the role of non-conforming uses and grandfathering. A motion to deny was made, citing staff findings 2, 3, and 4 (including Section 606G). After discussion, the motion carried 4-0.

Key Outcomes

ZBA16-927CU: Approved (4-0). Conditions: (1) receipt of all FAA approvals; (2) issuance of a zoning certificate within 2 years of approval.
ZBA16-925V: Denied (4-0). The board found insufficient evidence of a unique hardship; granting would confer special privilege and conflict with the LMC.
2017-2018 ZBA Schedule: Approved unanimously.
Meeting adjourned after completing all agenda items.

Meeting Transcript

Good evening, everybody. Welcome to the December 20th, 2016 meeting of the City of Frederick Zoning Board of Appeals. A little bit of background on the zoning board of appeals for anybody who is new or happens to be watching at home. The members of the zoning board of appeals are all residents of the city and volunteers. We are appointed by the mayor, and our appointments are confirmed by the Board of Alderman. In addition to the members of the board, which we have five voting members in one alternative alternate with us this evening. And so just for uh everybody's edification to my far right and everybody's far left is Miss Grace Bogdan. She is a planner with the City of Frederick. And then there in the middle is Ms. Rachel DePo, and she is the assistant uh attorney with the City of Frederick. Uh and then closest to me is Ms. Gabrielle Collard. She is the division manager of current planning for the city. And then to my far left and everybody else's far right is Ms. Jessica Murphy. She is the office manager with the planning department, and among her many, many duties, she supports the ZBA in our activities. A little bit about our process for tonight. When we get to that part on the agenda, I will announce the case. If uh the applicant is here, if we can just have a little indication of that, uh that would be great. Uh we're going to start off by asking for the staff report. And the staff will uh summarize and read the staff report at the end of the staff report. They'll make a recommendation regarding the case. Uh that recommendation in the staff report is one item that we use in our decision making, but it's not the only information. Following the staff report, we'll ask the applicant to give some testimony. If there's anything that they want to clarify or expand on from the staff report, that's the opportunity to do that. Members of the board may ask the applicant questions as we go through that process. Uh following the applicant's statements, we will see if any members of the general public wish to give testimony about the case. And then following that, we'll see if the applicant has any final uh uh comments that they'd like to add to sum up. That will close our public input section of the meeting, and then I will call for a vote from the members of the board. Uh uh motion and a vote from the Board of Appeals requires three out of five of our voting members uh to vote in the affirmative for that motion to carry. Um tonight, Mr. Overby uh to my far left is gonna serve as our alternate, and so uh we have a full board up here tonight, and the other five members will be voting on the individual cases. Um if you come to the podium to speak tonight, we'll need your name and your um address for the record. If you happen to leave and come back to the microphone, if we could just have your name again before you speak. The reason for that being is that um all of tonight's proceedings are being recorded, and anybody who is aggrieved by a decision of the zoning board of appeals has a right to appeal our decision to the Circuit Court of Maryland. And when the judge is listening to the tapes and trying to figure out who's talking at any one time, that helps keep straight uh who happens to be speaking. So do we have any questions about the procedures tonight? No. Okay. Um that being the case, we have a few housekeeping matters on the agenda before we get to the cases. Um telling you, I am going to actually uh uh well we'll just go ahead and run through the agenda in the order. Um first item on the agenda is general public input regarding zoning. So if anybody here who wants to give general public comment about zoning in the city of Frederick that is not related to tonight's cases, um this is an opportunity to do it. I think in my 13 years it's happened twice, but if anybody is really interested, uh now's the time. Seeing uh no general public comment, we'll move on to item number three. Members of the board. Uh we have uh field trip and meeting minutes uh from September 27th, November 10th, November 15th, and December 16th in your packet ahead of you. Um if uh we don't have any uh additions or corrections to those, we could probably take a single motion uh on those items, or if not, we can address them individually. Mr. Chair, I have one um the November 15th meeting minutes.

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