Frederick Zoning Board of Appeals Meeting - January 23, 2018
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Frederick Zoning Board of Appeals Meeting - January 23, 2018
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.
Approval of Minutes
- The minutes from the October 24, 2017, meeting were tabled because they were not available in members' packets. They will be reviewed at the next meeting alongside the January 23, 2018 minutes.
Public Comments & Testimony
- David Schmidt (26 E 6th Street, adjacent property owner) spoke in favor, urging approval. He stated that approving the proposal would protect his property and align with city goals to encourage activity north of Third Street.
- Sarah Teal Butner (705 Fairview Ave, owner of properties at 41 and 43 E 5th Street) also expressed support for the proposal.
- An email from Mrs. Moore (47 E 5th Street) was entered into the record; no detail was provided on its content.
Discussion Items
- Approval of the 2018-2019 ZBA Calendar: The board discussed the proposed calendar. Member Butcher noted that the December field trip date should be corrected to December 14 (Friday before the board meeting on the 18th) and that the November meeting date was on a Wednesday (November 21) due to the Thanksgiving holiday. The calendar was approved as amended.
- Case ZBA17-773CU, Conditional Use at 28 E 6th Street:
- Staff Report: Presented by Gabrielle Collard. The property (zone DR, historic overlay) currently houses a roofing contractor (a nonconforming Building Tradesman use) and includes a two-story house/shop, storage shed, and a five-bay concrete garage. The applicant proposes to convert the house into a two-family dwelling (permitted by right) and the garage into a health club/spa offering sound therapy, guided sonic meditations, educational presentations, yoga, and Pilates (classified as Health Club or Spa, not permitted in DR, requiring conditional use). Staff analysis found the proposal meets the criteria of Sections 308 and 905 of the Land Management Code (LMC): the use is in harmony with the comprehensive plan; it will not cause a greater adverse impact than a permitted use (e.g., high-density residential); the conversion of the garage to residential is economically impracticable; external effects (traffic, noise, storage, appearance) will be less objectionable than the existing use; and no hazardous waste is anticipated. Staff recommended approval with conditions.
- Applicant Presentation: Attorney David Severn (Offit Kerman) and applicants Marin Good and Michael Lunger presented. They concurred with the staff report and emphasized the property's unique infill location, the vision to revitalize the site, and the community outreach they conducted. Michael Lunger addressed potential sound concerns, stating that the cinder block garage structure and planned soundproofing (based on experience building recording studios) would contain noise. They noted that the spa use will generate passenger vehicle traffic, less impactful than the current roofing trucks and deliveries. The applicants accepted the recommended conditions.
- Board Questions and Discussion: Board members had no questions for the applicant but shared positive comments. Commissioner Patchen visited the property and remarked on its current condition (piles of roof shingles, etc.), praising the applicant's vision. Commissioner Butcher noted the property's location at a transition from commercial to residential and that the project represents adaptive reuse. Commissioner Ying expressed support for urban renewal in the area. All members voiced support.
Key Outcomes
- Approval of 2018-2019 ZBA Calendar: Approved as amended (December date corrected to December 14). Motion by Overley, second by Butcher. Unanimous voice vote.
- Approval of Conditional Use (ZBA17-773CU): Motion by Commissioner Ying, second by Overley. The board voted 4-0 in favor (all four voting members present: Ying, Patchen, Butcher, Overley; one absent). The approval includes the following conditions:
- The applicant must provide a minimum of two bicycle parking spaces (one more than the minimum required by code).
- The applicant must file a site plan in accordance with Section 309 of the LMC.
- The applicant must receive all necessary approvals in accordance with Section 423 of the LMC (historic preservation).
- The applicant must apply for and receive a zoning certificate and building permit within two years of approval and before the existing use ceases for a period of one year or more.
Meeting Transcript
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.
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