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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Frederick Zoning Board of Appeals Meeting - April 25, 2017

Zoning Board of Appeals — Tuesday, April 25, 2017

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, April 25, 2017

StatusFILED

Video Record

0:00 / 47:42

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

0:22

Good evening, everybody.

0:25

Welcome to the April 25th, 2017 meeting of the City of Frederick Zoning Board of Appeals.

0:32

A little background on the zoning board of appeals for anybody who happens to be uh new with us this evening or watching from uh home.

0:41

Uh members of the Board of Appeals are all volunteers.

0:44

We're all residents of the city.

0:46

We are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen.

0:51

We have five voting uh members of the board and one alternate here tonight uh with us.

0:58

Uh Mr.

0:59

Overby will be our alternate tonight, and the other five members of the board will be voting on any business that happens to come before the board.

1:06

Uh also supporting the zoning board of appeals in our uh work and activities are members of the city staff.

1:14

Um to my far right and your far left is Ms.

1:20

Rachel DePo.

1:21

Uh she is an assistant attorney with City of Frederick.

1:24

Uh next to her is Ms.

1:27

Gabrielle Collard.

1:29

She is the division manager of current planning for the City of Frederick with the planning department.

1:34

And then to my far left and your far right is uh Ms.

1:38

Jessica Murphy.

1:40

Uh and uh I've promoted her to office manager of the planning department uh here.

1:45

I feel that that's appropriate given the scope of uh before she uh started supporting the ZBA.

1:52

That's one thing, but you can tell we're a lot of difficulty.

1:55

So uh she deserves a little bit of a bump.

1:58

But uh in addition to her many uh duties at the planning department, uh she supports us with our activities here at the ZBA.

2:06

A little bit about the process for tonight.

2:09

Um we only have one uh case on the agenda for tonight, but uh when I uh call the case, uh I assume that the applicants are here.

2:20

Uh we will ask for the staff report uh to be read.

2:24

The staff report will be read into the record.

2:27

At the end of the staff report, there will be a recommendation regarding uh the case before us.

2:32

That is one criteria that we use in our evaluation of the case, but it's not the only criteria.

2:39

So following the staff report, we'll ask the applicant if they have anything that they would like to add or explain or expand on regarding the staff report, anything they might want to clarify.

2:50

Um during that time, members of the board might ask questions of the applicant.

2:55

Following that uh statement from the applicant, we will see if there's anyone from the general public uh who wishes to speak regarding the case uh this evening.

3:07

And then following that, we'll have the applicant see if they want to make any closing remarks.

3:13

And that will end the testimony part of a particular case.

3:17

Um following the closure of the testimony, I will call for a motion from the board.

3:23

Um we need three out of five uh members to vote in the affirmative for any motion to pass.

3:31

Um then following uh following that uh motion and that vote.

3:37

Um uh we'll know what the disposition of the particular case is and uh can give you some advice going forward.

3:45

So are there any questions about the procedures tonight?

3:50

No.

3:50

Um if anybody oh almost forgot.

3:55

Uh important uh part here.

3:57

Um you are testifying tonight or when you are speaking, uh, we do need your name and your address uh for the record.

4:05

Um the reason for that being is anybody who is aggrieved by the decision of the zoning board of appeals has a right to appeal our decision to the circuit court of Maryland.

4:14

Uh and so having uh the your name and your address on the record helps keep the the judge keep straight who happens to be talking at any time uh when they're reviewing the tapes of the of the meetings tonight.

4:27

So I think that covers the highlights.

4:32

Uh we have a couple of housekeeping matters uh on our normal agenda to go through uh before we get to the case tonight.

4:39

Um so if everyone will bear with us, uh we'll uh go ahead and uh start working through the agenda.

4:46

Um the first item on the agenda tonight after the call to order is general public comment regarding zoning in the city of Frederick.

5:00

Uh if anyone here wants to make comment regarding zen general comments regarding zoning now is an opportunity to do so.

5:04

Seeing no takers.

5:07

We will move on to review and approval of the minutes from our February 28th, 2017 meeting.

5:15

Members of the board, you have those minutes before you, and I will entertain a motion.

5:21

I move to approve the February 28th meeting minutes as presented.

5:30

Second from Mr.

5:30

Arno.

5:31

Do we have any further discussion of the motion?

5:36

Seeing none, all those in favor signify by saying aye.

5:39

Aye.

5:39

Aye.

Discussion Breakdown — Share of Meeting

Zoning And Land Use███████████████████████████████████████████43%

Event Permitting████████████████████████24%

Noise Ordinance█████████████████17%

Procedural█████████████13%

Board Appointments███3%

Summary of Proceedings

Frederick Zoning Board of Appeals Meeting - April 25, 2017

The City of Frederick Zoning Board of Appeals (ZBA) met on Tuesday, April 25, 2017, at 7:00 p.m. in City Hall. The meeting was broadcast live on Channel 99. The board approved the minutes from the February 28, 2017 meeting, granted a 30-day continuance for a conditional use application, and heard a new business case for a temporary use permit to operate a heavy metal playground at 7612 Willow Road. After discussion and questioning, the board approved the temporary use with conditions.

Consent Calendar

The ZBA unanimously approved the minutes of the February 28, 2017 meeting as presented.

Public Comments & Testimony

No members of the public offered general comment on zoning. No public testimony was given regarding the temporary use case.

Discussion Items

Continuance (ZBA17-182CU): The applicant requested a 30-day continuance for a conditional use at 110 Airport Drive East. The board granted the continuance without objection, moving the case to the May 23, 2017 meeting.
New Business – Temporary Use (ZBA17-186TU): The applicant, Mark Stevanis and Dale Maxwell, requested approval under Section 867 of the Land Management Code to operate a temporary amusement venue called "Heavy Metal Playground" on a 537-acre property (the Crum Farm) at 7612 Willow Road. The use would allow patrons to operate heavy construction equipment (up to four mid-sized excavators) on a roughly 200-square-foot disturbed area. The proposed hours were Friday through Sunday, 12 hours per day, with a maximum of eight participants per hour. The applicant had previously conducted a proof-of-concept event and cited two similar companies nationally. Staff recommended approval for a six-month initial period, with two possible six-month renewals, subject to conditions.
Board members asked about noise (noted the equipment may operate at 85 decibels, but the city noise ordinance limit is 65 dB), dust control, safety (ear protection, kill switches, liability insurance, waivers), traffic/attendance, and neighbor notification. The applicant stated that eight neighbors were notified by mail and only one phone call was received, with concerns allayed. The board also noted that a newspaper ad had run prematurely but orders would be refunded if approval was not granted. Staff confirmed that a permanent use would require a text amendment, which they would not support, but the temporary nature justified the request.

Key Outcomes

Motion to Approve Temporary Use: The board voted 4-0 (Chair Racheff, Vice Chair Aronow, members Sisson, Hicks, and Colar were present; alternate member Overby was non-voting) to approve the temporary use for a six-month period, with two subsequent six-month renewals to be issued by the division, subject to four conditions:
1. All operations must comply with City Code Section 15-21 (noise ordinance).
2. Prior to a zoning permit, the applicant must submit a sketch showing the location of the play area, parking area, and perimeter filter controls for engineering department approval.
3. The zoning permit must indicate that disturbed areas not actively graded must be stabilized within seven calendar days, and all unpaved parking areas must be continually stabilized to prevent erosion and sediment runoff.
4. The ZBA will conduct a review of operations at a regular meeting after the first six months to confirm continued compliance with Sections 312 and 867 of the LMC.
The board directed staff to work with the applicant on the zoning permit and schedule the review meeting before the initial six-month period expires.
The meeting adjourned following the vote.

Meeting Transcript

Good evening, everybody. Welcome to the April 25th, 2017 meeting of the City of Frederick Zoning Board of Appeals. A little background on the zoning board of appeals for anybody who happens to be uh new with us this evening or watching from uh home. Uh members of the Board of Appeals are all volunteers. We're all residents of the city. We are appointed by the mayor, and those appointments are confirmed by the Board of Aldermen. We have five voting uh members of the board and one alternate here tonight uh with us. Uh Mr. Overby will be our alternate tonight, and the other five members of the board will be voting on any business that happens to come before the board. Uh also supporting the zoning board of appeals in our uh work and activities are members of the city staff. Um to my far right and your far left is Ms. Rachel DePo. Uh she is an assistant attorney with City of Frederick. Uh next to her is Ms. Gabrielle Collard. She is the division manager of current planning for the City of Frederick with the planning department. And then to my far left and your far right is uh Ms. Jessica Murphy. Uh and uh I've promoted her to office manager of the planning department uh here. I feel that that's appropriate given the scope of uh before she uh started supporting the ZBA. That's one thing, but you can tell we're a lot of difficulty. So uh she deserves a little bit of a bump. But uh in addition to her many uh duties at the planning department, uh she supports us with our activities here at the ZBA. A little bit about the process for tonight. Um we only have one uh case on the agenda for tonight, but uh when I uh call the case, uh I assume that the applicants are here. Uh we will ask for the staff report uh to be read. The staff report will be read into the record. At the end of the staff report, there will be a recommendation regarding uh the case before us. That is one criteria that we use in our evaluation of the case, but it's not the only criteria. So following the staff report, we'll ask the applicant if they have anything that they would like to add or explain or expand on regarding the staff report, anything they might want to clarify. Um during that time, members of the board might ask questions of the applicant. Following that uh statement from the applicant, we will see if there's anyone from the general public uh who wishes to speak regarding the case uh this evening. And then following that, we'll have the applicant see if they want to make any closing remarks. And that will end the testimony part of a particular case. Um following the closure of the testimony, I will call for a motion from the board. Um we need three out of five uh members to vote in the affirmative for any motion to pass. Um then following uh following that uh motion and that vote. Um uh we'll know what the disposition of the particular case is and uh can give you some advice going forward. So are there any questions about the procedures tonight? No. Um if anybody oh almost forgot. Uh important uh part here. Um you are testifying tonight or when you are speaking, uh, we do need your name and your address uh for the record. Um the reason for that being is anybody who is aggrieved by the decision of the zoning board of appeals has a right to appeal our decision to the circuit court of Maryland. Uh and so having uh the your name and your address on the record helps keep the the judge keep straight who happens to be talking at any time uh when they're reviewing the tapes of the of the meetings tonight. So I think that covers the highlights. Uh we have a couple of housekeeping matters uh on our normal agenda to go through uh before we get to the case tonight. Um so if everyone will bear with us, uh we'll uh go ahead and uh start working through the agenda. Um the first item on the agenda tonight after the call to order is general public comment regarding zoning in the city of Frederick. Uh if anyone here wants to make comment regarding zen general comments regarding zoning now is an opportunity to do so.

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