Frederick Zoning Board of Appeals Meeting - March 27, 2018

The Frederick Zoning Board of Appeals convened on March 27, 2018, at 7:00 PM at City Hall, with Vice Chair Lawrence Aronow presiding in the absence of Chair Jim Racheff. The board addressed two variance requests: ZBA18-28V for increased signage at 4 S. McCain Drive and ZBA18-163V for a reduced side setback at 2425 Longfellow Court. The first case was approved in part, and the second was denied.

Consent Calendar

• Minutes of the February 27, 2018 meeting were approved unanimously.

Public Comments & Testimony

• No public comments were made for either agenda item.

Discussion Items

ZBA18-28V – Variance for Signage at 4 S. McCain Drive

• Applicant’s Position: Attorney Bruce Dean and property manager Adam Santos argued for a variance to increase total allowable signage from 320 sq ft to 640 sq ft (100% increase). They cited the two-story building’s unique disadvantage compared to one-story centers, limited visibility from Route 40 due to setback and topography, and the reliance of small tenants (e.g., nail salon, chiropractor, driving school) on drive-by signage. They asserted the full 320 sq ft increase was the minimum necessary to overcome these hardships.
• Staff Position: Deputy Director Gabrielle Collard recommended approval of only a 74 sq ft increase (to 394 sq ft) for a building-mounted sign (Exhibit E), finding that additional tenant signage lacked sufficient detail and could create visual clutter. Staff supported seven findings under LMC Section 313C, but limited the variance to what was shown on the submitted plan.
• Board Deliberation: Members discussed the balance between supporting small businesses and preventing signage clutter. Some expressed concern that larger individual tenant signs could cause driver distraction on busy Route 40. Others noted that the building-mounted sign would serve as a good first step for identification. The chair leaned toward staff’s recommendation.
• Outcome: The board voted 4-1 to approve the variance as recommended by staff, allowing 74 additional sq ft (total 394 sq ft) for the single building-mounted sign. The motion was made by Tom Overbay, seconded by Sean Butcher. The dissenting vote was cast by Mr. Yang. The board found that the approved variance met all seven criteria, including that it was the minimum necessary to address the property’s unique visibility challenges.

ZBA18-163V – Variance for Side Setback at 2425 Longfellow Court

• Applicant’s Position: Owners Bernada and Cedric Jackson requested a variance to reduce the required 8-foot interior side setback to 4 feet to build a three-car garage addition. They argued their flag lot’s triangular buildable area, steep slopes on both sides, and HOA restrictions made the proposed location the only feasible option. They emphasized that the addition would not impact neighbors (adjacent to HOA open space) and that the variance was needed to make the home a “forever home.” They questioned why variances in planned neighborhood developments (PND) seemed categorically denied.
• Staff Position: Staff recommended denial, finding that the lot was created through a master planning process (Whittier PND) that intentionally set setbacks to meet community objectives. They concluded there were no extraordinary conditions unique to the property that caused practical difficulty, and granting the variance would confer a special privilege not available to other PND residents.
• Board Deliberation: Members noted Maryland law requires variances to be granted sparingly, especially in master-planned communities where flexibility was already exercised during the initial approval. The board acknowledged the applicants’ sincere effort but determined the lot itself was not sufficiently unique to warrant relief. The chair emphasized that allowing this variance could undermine the PND process.
• Outcome: The board voted 2-1 to deny the variance. The motion to deny was made by Sean Butcher and seconded. Mr. Yang and Mr. Bush voted in favor of denial; Mr. Overbay voted against. The board adopted all seven findings in staff’s report, including that the applicant failed to demonstrate undue hardship and that the variance would confer a special privilege.

Key Outcomes

• ZBA18-28V Approved (4-1): Variance granted to increase signage allowance by 74 sq ft (to 394 sq ft total) for a single wall-mounted sign at 4 S. McCain Drive. No additional tenant signage was approved.
• ZBA18-163V Denied (2-1): Variance to reduce side setback from 8 to 4 feet for a garage expansion at 2425 Longfellow Court was denied. The board upheld the PND’s original setback standards.