The Zoning Board of Appeals held a meeting on December 18, 2018, to consider variance and conditional use applications. The board approved a variance for a restaurant/distillery at 46 S. Market Street, a conditional use for entertainment at Hooch and Banter, and a conditional use for a telecommunications monopole. A variance for the Weinberg Center was continued to the January meeting.
Good evening, everybody. Welcome to the December 18th, 2018 meeting of the City of Frederick Zoning Board of Appeals, holiday edition. Before we get started on tonight's business, I'd like just to take a couple moments, especially since I see a number of new faces with us tonight, and go over kind of a little bit of background on the zoning board of appeals, go over what our rules of procedures will be tonight, see if there's any questions regarding any of that before we get started to the meat of tonight's agenda. So it is the responsibility of the zoning board of appeals to authorize on appeal in specific cases, variances from the terms of the city zoning regulations, to hear and decide special exceptions to the terms of the zoning regulations, and to hear and decide the appeals of aggrieved parties where it alleged there's been an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of Division One of the land use article of the annotated code of Maryland or any law adopted under that division, which includes the City of Frederick Land Management Code. We conduct these responsibilities in accordance with the city's land management code and Maryland state law. Members of the board are all volunteers and we are all residents of the city. We are appointed by the mayor, and those appointments are confirmed by the board of aldermen. The board is comprised of uh four voting members uh present uh here tonight. Uh three votes in the affirmative uh required to carry a motion uh from uh the board. Uh board is also supported in our activities by city staff, and for everybody's benefit, I'd like to introduce uh individuals who are supporting us tonight. To my far right and everybody else's far left is Miss Sherry Kelly. She is a planner with the city's planning department. Uh seated next to her is Miss Gabrielle Collard. Uh she is the division manager of current planning for the city with the planning department of the city. And then to my far left, and everybody else's far right is Ms. Jessica Murphy, office manager with the planning department, and in addition to her many, many duties, she supports the zoning board of appeals in our activities here tonight. So our procedure for tonight's cases uh for variances in special exceptions will be as follows. I will call the case number. Um if the applicant can just give me a little wave and indicate that uh you're here, that would be helpful. Um I'll first ask for the staff report. Staff report will then be entered into the record in read. At the end of the staff report, the staff will make a recommendations or recommendations regarding the case. That's one criteria that members of the board will use in our decision making process, but it is not the only uh criteria that we'll use. Following the staff report and recommendations, uh, I will ask for comment from the applicant. Uh it's an opportunity for the applicant to provide any additional clarification or information to the uh members of the board. Umbers of the board at that time may also ask the applicant questions that we feel that we need uh information on to make our decision. Following uh statement from the applicant, I will see if there is any public testimony, public comment regarding the case. Um and any member of the public may speak uh in regards to this case in support or in opposition or just to provide additional information as they see fit. Following uh any public comments, uh, I will ask for closing comments uh and statement from the applicant, see if they have anything that they would like to sum up with, and that will end the testimony part of the case. Um following our public testimony, uh I will ask for a motion uh from the board uh regarding uh the variances or the special exemptions. Um as I mentioned before, uh tonight we will need three votes in the affirmative uh to pass any motion that is before us uh here tonight. The ZBA welcomes public testimony and prevents reasonable cross-examinations of witnesses as required by law. Uh any person who wishes to speak or give testimony must be sworn in. Only sworn testimony will be considered by the board, and anyone wishing to give testimony or cross-examine a witness must give their full name and address prior to testifying or cross examining. Uh before witness is dismissed. We'll see if any parties wish to cross-examine said witness. Uh once recognized by the chair, um, please proceed to the pro podium. Uh, if anyone is cross-examining a witness tonight, bear in mind, cross-examinations must be brief in the form of a question. Uh may only ask questions relative to the witnesses' testimony. Repetitive questions, speeches, or general or argumentative statements are not permitted. Um there's only one opportunity to cross cross-examine a witness for each person uh wishing to ask the witness questions. And once that witness is demand dismissed, any further cross-examination of that witness uh will be deemed wave. Um as chair, uh I will make any rulings necessary uh to conduct the hearing in an orderly manner. Um, but just looking out there, I can see uh your group we're not gonna have any trouble with anyway, so it should all be fine. Um, any person agreed by a decision of the zoning board of appeals has the right to appeal our decision to the circuit court of Maryland. Um there any questions about tonight's procedures. All right, seeing none, we have a few housekeeping matters uh to address uh and then we'll get on to tonight's cases uh before us. For those uh following or along, that takes us through item number one on our agenda brings us to item number two, which is general public comment. Um this is a section of our meeting uh where we open up to any general public comment regarding zoning in the city of Frederick that's not related to any of tonight's cases. Uh so if anybody is here tonight to just give some general input regarding zoning in the city of Frederick, um now is the time to do so.