The Zoning Board of Appeals of Frederick, Maryland, met on January 23, 2018, at 7:00 PM in City Hall. The meeting covered routine business and a conditional use application for a property at 28 E 6th Street to substitute an existing non-conforming roofing contractor use with a health club/spa. The board unanimously approved the application with conditions.
Good evening, everybody. Couple minute late uh start here with our January 23rd, 2018 meeting of the Board of Zoning Appeals for the City of Frederick. Um especially because I see a couple of new faces uh with us tonight, but as is uh tradition, um I'll give you a little background about how our procedures work and how our processes work for tonight's meeting, and uh we'll go through that, see if it have anybody has any questions or anything of that nature. Um we've got a couple uh housekeeping measures on our agenda as well, and uh then after that, we'll uh dive into uh whatever cases we might have before us tonight. So the members of the Board of Appeals, we are all volunteers, we are all residents of the city. We are appointed by the mayor and our appointments confirmed by the Board of Aldermen. Um in the conduct of our uh work here regarding uh appeals regarding zoning and land management code here in the city of Frederick. We're also supported by uh members of city staff, and just so for everybody's knowledge, to my far right and to your far left is Ms. Rachel DePo. She is an assistant attorney with the City of Frederick who supports the ZBA and our activities. Next to her is Ms. Gabrielle Collard. Uh she is the division manager of current planning in the planning department for the City of Frederick. And then to my far left and to your far right is Ms. Jessica Murphy. Uh she is administrative and office manager with the planning department, and in addition to her many, many, many daily duties, she supports the ZBA in our work here tonight. So a little bit about the way that our process will work this evening. Um when we get to the cases, I will call a case. If our applicant or their representative is here, they could just give us a little indication that you're here so that we know that the applicant is present. That'd be fantastic. But we'll first start off with the staff report. The staff will read their report and analysis of the case before us into the record. And at the end of the staff report, they will give a recommendations or recommendations regarding the case. Uh that is one element that the members of the board use in our deliberations, but it is not the only element. Uh following that, we will ask the applicant if they have any testimony they would like to offer, anything that they would like to elaborate on or to clarify from the staff report. Um following the applicant's comments, we will see if any members of the public uh have testimony that they would like to give uh regarding the case or concerns that they might have related to the case or support or anything along those lines. Um following all of our public testimony, we'll then see if the applicant has any closing remarks they would like to offer to wrap up. Uh we'll then close the testimony portion of the case, and the members of the board will deliberate. Uh couple of things to keep in mind. If you are testifying and you are speaking tonight, um we would like your name and your address for the record. Uh, if you happen to leave the microphone and come back for some reason, if we could have your name again before you start speaking, that'd be great. Uh the reason being is that all tonight's proceedings are recorded. Um, and that 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. Um, and when a judge is reviewing the tape and listening to testimony and those sorts of things, uh, helps to sort out who happens to be speaking at any one time. So that would be uh helpful. Um in addition, according to our bylaws, uh we have uh uh typically uh six members, five voting members and an alternate. Uh but tonight we have five members, so all five members will be voting uh on tonight's cases. Um members may ask uh those testifying um questions uh regarding their testimony or to uh get additional information that they think would be helpful in their deliberations. Um a majority of votes of the five members passes a motion. So uh three out of the five votes or more so we'll pass whatever motion happens to be before us. Any questions regarding kind of the process or tonight's proceedings from anybody with us tonight? All right. Seeing none, as I mentioned, uh we've got uh a couple things to work through through the agenda before we get through tonight's cases. Uh so that takes us through our call to order and uh announcements. Item number two on the docket is general public comment about zoning in the city of Frederick. So not related to a case this evening, but if somebody is here and wants to offer input to the ZBA about zoning or zoning issues generally in Frederick, now's the opportunity uh to make such comments. Seeing none, uh we will move on. Uh members of the board, we're now at item three, approval from the minutes. Um it's been a little while, but we have the approval from our October 24th, 2017 meeting minutes. Uh those minutes are included in your information packet, and I will entertain a motion.