I do, I got it.

Right.

All right.

Good evening, everybody.

Welcome to the July twenty third, twenty nineteen meeting of the City of Frederick Zoning Board of Appeals.

Um, before we get started with tonight's cases and tonight's business, um, and especially since we've got some folks that uh aren't necessarily zoning uh groupies and up all and all of this.

I like to go through sort of our rules of procedure and how the process will go tonight.

Um, and so we'll go through that.

Um, give you a little bit of background on the ZBA and what it is that we do here.

Um, we'll see if there's any questions about the process, and then we'll dive into the um items on our agenda, if that's okay with everybody.

Um, just to give you a little background, it's the responsibility of the zoning board of appeals to authorize on appeal in specific cases a variance from the terms of the city's zoning regulations.

To hear and decide special exceptions to the terms of the zoning regulations, and to hear and decide the appeals of agreed parties where it's alleged there's an error in any order requirement decision or determination that's been made by an administrative officer in the enforcement of the division one of the land use article, the annotated code of Maryland or any law adopted there under, um, which includes the City of Frederick's land management code.

Um, we conduct these responsibilities in accordance with the city's land management code and in accordance with Maryland State Law.

Um, members of the board here, we are all volunteers.

We are all residents of the city.

Um, we are uh appointed by the mayor, and our appointments are confirmed by the uh Board of Aldermen.

For any decision, a simple majority, three out of five passes a motion that might happen to be before us.

In addition to the members of the ZBA, we're also supported in our activities by members of the staff.

So to my left and to your right, I'll start with Miss Gabrielle Collard.

She is the division manager of current planning here in the City of Frederick.

Next to Miss Collard is Ms.

Rachel DePo.

She is an assistant attorney with the City Attorney's Office here.

And then next to Miss DePo is Mr.

Marshall Brown, and he is a planner with the planning department here in the City of Frederick.

And then way to my left is uh Miss Jessica Murphy.

She's the office manager with the planning department.

And in addition to her many responsibilities there, she helps keep us straight and supports the ZBA and the work that we might.

So let me give you a little background about how our procedures will work tonight.

So for tonight's cases in guard uh regarding variances and special exceptions, um our process is as follows.

I'll call the case number.

Um if we could, if the applicant would at least just give us a little short wave and let us know that uh they're here.

I'm assuming that they are, uh, but there have been uh times uh when we've had some folks not able to make it.

Um I will first ask for the staff report.

Um staff will read the staff report into the record, and at the end of the staff report, the staff will make a recommendation uh regarding the case.

That's one element that we use in our decision making process, but it is not the only element.

Um so following the staff report, um, we will ask the applicant if they have any information that they would like to share with the members of the ZBA.

Um they might want to have information that they feel like they need to expand upon or to clarify.

Members of the board might ask questions of the applicant at that time.

Um following the applicant's uh comments, we will see if any members of the general public would like to give uh comment or testimony regarding uh the particular case before us.

Um and then following any testimony that we hear from the public, we will ask the applicant if they have any closing remarks or closing statements that they would like to make.

Um that will close the public testimony section of the case.

And then following all of the testimony that we've received, I will call from a motion uh from the board.

And as I mentioned before, three members in the affirmative pass any motion that happened to be before us.

Um little um uh note and a little bit additional information about folks giving testimony tonight.

Uh we do welcome public testimony and permit reasonable cross-examination of witnesses as required by law.

Any person that wishes to speak or give testimony tonight, um, we will ask you to be sworn in.

Only sworn testimony will be considered by the board.

Um anyone wishing to give testimony or cross-examine a witness must give their name and their full address prior to testifying or cross-examining.

Um before a witness is dismissed.

I will ask if any parties present wish to cross-examine the witness and what's recognized uh by the chair, um, I'll ask them to please proceed to the podium.

Um, when cross-examining a witness, if that happens tonight, please bear in mind that all cross-examinations must be brief.

Um, and uh all in the form of questions.

Uh a someone who is cross-examining may only ask questions that are relevant to the witnesses' testimony.

Um, repetitive questions or speeches or argumentative statements are not permitted.

Um, and there's only one opportunity to cross-examine a witness for each per person wishing to ask that witness questions.

So once a witness is demissed, any further cross-examination of that witness will also be deemed to be waived.

Um as a chair, I will make any rulings necessary to conduct the hearing in orderly manner.

I can tell by looking at you all, we won't have any trouble anyway.

Um, so that'll all be fine.