City of Frederick Zoning Board of Appeals Meeting - July 24, 2018
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City of Frederick Zoning Board of Appeals Meeting - July 24, 2018
The Zoning Board of Appeals met on July 24, 2018, at City Hall. The board addressed one continuance and one new business item: a conditional use application for entertainment at ZiPani Café Bistro. The meeting also included swearing-in of witnesses, recognition of a new board member, and appreciation for outgoing members.
Procedural Actions
- Approval of Minutes: The minutes from the May 22, 2018 meeting were not yet drafted. The board voted unanimously to continue review to the August 28, 2018 meeting.
- Continuance (ZBA18-563V): A 30-day continuance was granted for a variance application at 23 Thomas Johnson Drive, moving it to the August 28, 2018 meeting. The continuance was needed to fulfill public notice requirements.
Public Comments & Testimony
- No general public comments were offered regarding zoning matters.
- During the conditional use hearing, Samuel Biskin (1853 Mill Stream Drive), a music teacher and musician, testified in support. He noted that the proposed entertainment would be acoustic and low volume, unlikely to be audible outside, and highlighted Frederick's growing arts community.
New Business: Conditional Use for ZiPani Café Bistro (ZBA18-540CU)
- Applicant: Renee Kirshner (8644 Chestnut Grove Road, Frederick). She stated the restaurant has been in business for 18 years and is well-established. Entertainment would enhance community offerings. The restaurant is located at 177A Thomas Johnson Drive in a shopping center with no nearby residences.
- Staff Report: Presented by Planner Sherry Kelly. The property is zoned General Commercial. Staff found the application met all six factors under Section 856 of the Land Management Code (restaurant with entertainment). Conditions included compliance with city noise ordinance, seating percentages (83% of tables inside, 100% outside), and posting requirements. Staff recommended approval with two conditions: obtain a zoning certificate within two years and properly post the property per Section 856(F)(2).
- Board Discussion: Chair Racheff noted the location is isolated from residences. Board members asked about entertainment being indoors (yes) and noise monitoring (applicant would monitor by listening outside). No concerns were raised.
Key Outcomes
- Vote on ZiPani Café Bistro Conditional Use: The board voted unanimously (3-0: Aronow, Butcher, West – all in favor) to approve the application with the findings and conditions as stated in the motion. The approval allows entertainment at the existing restaurant subject to the conditions.
- Zoning Determination Noted: The agenda listed a completed zoning determination (ZBA18-440ZD, 8401 Gas House Pike) as an item added; no further action was taken by the board.
- Board Changes: New member Mr. West was welcomed. Board recognized outgoing members Mr. Patchen and Mr. Overby for their service.
Adjournment
The meeting adjourned following the conclusion of business.
Meeting Transcript
Good evening, everybody. Welcome to the July 24th, 2018 meeting of the City of Frederick Zoning Board of Appeals. Before we get started with tonight's cases, I'd just like to welcome everybody and go over a little bit about our procedures tonight, see if anybody has any questions and just make sure we're all on the same page. So the members of the zoning board of appeals, we're all residents of the city and we're volunteers. We're appointed by the mayor, and our appointments are confirmed by the Board of Alderman. Also, in our work that we uh volunteer and do here for the city, we're supported by members of the city staff. And so for everybody's benefit here tonight, uh I'll introduce everybody from here to my far right and your far left is Miss Sherry Kelly. She is a planner with the planning department in the city of Frederick. And then sit seated next to Ms. Kelly is Ms. Rachel DePo. She is an assistant attorney with the City of Frederick. And then next to her is uh Ms. Gabrielle Collard. Uh she is the current, no, she is the division manager of current planning, not the current manager of division planning. Uh I know. It's like 15 words, right? Uh and then to my far left and your far right is Ms. Jessica Murphy. Uh she is uh office manager here with the planning department, and uh in addition to her many, many duties up there in the planning department, she supports the zoning board of appeals in our work uh here with the city. Um so a little bit about our procedures tonight. Uh I will uh announce your case when we get to it on the agenda. Um we don't have a long agenda tonight. Usually I say if you can just give me a little wave and let me know uh that you happen to be here, that would be great. But the first thing that I'm gonna ask for is the staff report. Uh the staff will read the staff report into the record, and at the end of the staff report, they will make a recommendation or recommendations regarding the case. Um that is one criteria that the members of the board use in our decision making process, but it's not the only criteria. Um so following the staff report, we'll ask the applicant uh to come forward, see if there's any additional information they'd like to provide, anything they'd like to elaborate on. Members of the board may ask the applicant questions regarding the case to clarify something in the application. Um following that, we will ask if there's anybody here from the public uh that would like to give some testimony um or speak regarding the case, and then following the public testimony, um, we'll ask the applicant to come back, see if there's any last comments they'd like to do to kind of tie everything up. Uh that will end the testimony part of the case, and then following that, I will call for a motion uh for the members of the board. Um we'll have a motion from the members of the board and then um a quorum with us is uh four members. Uh tonight we will need three members uh positive uh to affirm a motion for it to be passed, uh just so that we've all got the math. Um let's see, some other things uh to remember. Oh, if you happen to be speaking tonight, the first time you come to the microphone, uh if we could have your name and your address for the record, that would be great. And if you happen to leave the microphone and come back for some reason, if we can just have your name again. The reason for that being is that all of uh tonight's testimony is being recorded. Uh any member uh any person that's aggrieved by a decision of the zoning board of appeals has a right to appeal that decision to the Circuit Court of Maryland. And so when a judge is reviewing the case, that helps them keep straight who happens to be speaking on the audio tape at any one time. Uh and that way we got the record straight for when we need to produce that if there happens to be an appeal of our decision uh tonight. Um if we have cell phones, uh if we could set them to uh vibrate or silent, uh uh that would also be helpful. And if we don't have any questions on the procedures for tonight, seeing none, uh we've got a couple housekeeping uh matters that we deal with with the beginning of uh every meeting, and then we'll get on to tonight's cases. Thank you. All right. First item on the agenda tonight is general public comment about zoning in the city of Frederick. And so if anybody happens to be here tonight that has a general uh statements that they'd like to share with us about zoning in the city of Frederick that doesn't relate to tonight's cases, uh it is rare, but we have had folks show up every once in a while if there is anybody here tonight. Seeing none, uh we will move on. Uh members of the board, we have uh item number three is approval of the minutes, but those are still being drafted. Uh so we will continue uh review of the May 22nd meeting uh minutes uh to our next month's meeting. Um do we need a Rachel?
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