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Record of Proceedings

City of Frederick Zoning Board of Appeals Meeting - November 26, 2019

Zoning Board of Appeals — Tuesday, November 26, 2019

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, November 26, 2019

StatusFILED

Video Record

0:00 / 56:15

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:18

Good evening, everybody.

0:20

Welcome to the November 26, 2019 meeting of the City of Frederick Zoning Board of Appeals.

0:29

I'll give you a little bit.

0:31

We'll do an abbreviated background tonight since we're getting a late start.

0:35

And uh for anybody, I'm sure that thousands of people tuned in at home to uh watch.

0:40

So apologies to anybody who you know was ready right at seven o'clock.

0:45

Um but we had a slight delay and uh we're gonna get going.

0:49

Um just to give you a little bit of background about what we do here at the zoning board of appeals.

0:54

Um we are all volunteers, we're all residents of the city.

0:59

Um, and uh we review um appeals to the city's land management code.

1:05

Um uh um based in findings of facts and potentially grant variances uh to that code under Maryland state law.

1:14

Um uh we need four individuals for a quorum.

1:18

We have four tonight, so we can conduct business.

1:20

Um also in addition to the four members of the board, we have members of the city staff um who assist us in our activity.

1:28

So all the way to my far right and everybody else's far left is Ms.

1:32

Rachel DePo, and she is an assistant attorney um here with the city's attorney's office, and then next to Ms.

1:39

DePo is Miss Gabrielle Collard.

1:42

Um she is the division manager of current planning with the planning department here in the city of Frederick.

1:48

And then to my far left and everybody else's far right, it's Ms.

1:52

Jessica Murphy.

1:53

She's the office manager in the planning department, and uh in addition to her many, many, many daily duties, she supports the ZBA and the work that we do tonight.

2:02

Um so just to give you a little bit of background about uh how a case um will go this evening, uh, when we get to that piece on the agenda.

2:12

Um I'll call your case and I can see that our applicant is here.

2:16

Usually I say give me a little wave and let me know that you're here, but we're all you know, um uh see that you're already here and present.

2:22

Um but the first thing that we're gonna do is I'm gonna ask the staff for the staff report.

2:28

And so the staff will read the staff report into the record.

2:32

At the end of the staff report, they may give a recommendation or recommendations regarding the case.

2:38

Um that is one element that members of the ZBA use in our decision making process, but of course it's not our only um element that we consider.

2:47

Um following the staff report, I'll ask the applicant to um approach the microphone.

2:53

Um we'll see if there's any additional information that you would like to um uh provide, anything in the staff report that you'd like to clarify or address.

3:03

Um members of the board may ask you questions during that time period.

3:07

Um following uh that we'll see if there are any members of the public who happen to be here who want to give testimony regarding the case.

3:16

Um anybody from the public um uh is permitted to come and speak about a case that might be before the ZBA.

3:23

Um after if we see if we have any public comment, I'll ask the applicant if they have any you know closing remarks that they would like to make um and sort of any closing statements.

3:35

I'll then close the public testimony section of the case, and I will call for a motion from the board.

3:42

Um a motion um from the board needs a majority of votes um in order to pass um tonight with a quorum of four, um three votes in the affirmative, we'll pass uh any motion.

3:55

Do we have any questions?

3:59

No, and if any come up, let me know.

4:02

Um and uh we're happy to address them as they arise as well.

4:07

Um so members of the board, before we get started with tonight's cases, um we have a couple general items uh to address uh on our agenda.

4:18

Um we have called the order and had our announcements.

4:22

Item number two is general public comment.

4:24

This is a period that if there's any member of the public that would like to speak generally about zoning or zoning issues in the Frederick in uh Frederick City not related to tonight's case.

4:35

Um certainly welcome to do so.

4:38

Do I see any takers?

4:41

Seeing none, uh we will move on to item number three.

4:45

Item number three is review and approval of the September 24th, 2019 meeting minutes.

4:51

Members of the board, you have those minutes before you.

4:53

I'll entertain a motion.

4:55

Mr.

4:55

Chair, before you uh make a motion, I believe in Mr.

5:00

West could correct me if I'm wrong, but I believe in the for them the case, CBA 19-645.

5:14

And I maybe you can correct me if I'm wrong on that.

5:16

That's my recollection.

5:17

Yeah, that's that that would be I would I would recollection.

5:22

So if that's if if he agrees, then just the correction that the vote was 3-1 on that, so that the public record reflects that accordingly.

5:31

But without that, I'll make a motion with that without amendment or change to approve the September 24th minutes.

5:39

We have uh that um we have a motion to approve with that revision.

5:43

Do we have a second?

5:44

Second.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████54%

Procedural██████████████████22%

Building Codes██████████12%

Stormwater Management███████8%

Planned Neighborhood Development███4%

Summary of Proceedings

City of Frederick Zoning Board of Appeals Meeting - November 26, 2019

The Zoning Board of Appeals met on November 26, 2019, at 7:00 PM in City Hall, with a quorum of four members present. The meeting began with a slight delay. The board reviewed and approved the September 24, 2019 minutes with a correction, heard a variance request for 2525 Mill Race Road, and postponed the election of officers to the next meeting.

Consent Calendar

Approved the September 24, 2019 meeting minutes with a correction: the vote on a previous case (ZBA19-645) was recorded as 3-1. The motion passed unanimously (4-0).

Public Comments & Testimony

No general public comment was offered.
During the variance case, the applicant, Molly Wolfe, testified that the lot is irregularly shaped and backs onto a creek. She stated that a stormwater management system built in recent years has created stagnant water and severe mosquito problems, making the deck unusable. She requested a 1'3" variance to enclose the deck with screening. The applicant's contractor, Jordan Merrifield, described the proposed enclosure system and confirmed it would stay within the deck footprint, replacing the railing.
Neighbors expressed support via a letter, but no public testimony was given at the meeting.

Discussion Items

Case ZBA19-1067V – Variance for 2525 Mill Race Road: Staff presented a report recommending denial. Gabrielle Collard explained that the lot is part of a Planned Neighborhood Development where setbacks were already reduced to 10 feet rear. The requested variance would enclose an existing deck that encroaches into the rear setback. Staff found no unique conditions peculiar to the property (such as shape, topography, or hardship) that would justify a variance, and argued that granting it would confer a special privilege not available to other properties. The board questioned the applicant about the feasibility of reducing the enclosure size to avoid the variance. Chair Racheff suggested a continuance to explore alternatives, but the applicant declined, citing age and effort. After discussion, a motion to deny the variance was made and seconded. The motion passed 3-1 (Chair Racheff, Mr. Butcher, Mr. West in favor of denial; Mr. Aronow opposed).
Election of Officers: The board deferred the election of officers to the December 17, 2019 meeting, as not all members were present.

Key Outcomes

Variance Denied (3-1): The board denied ZBA19-1067V, finding that the lot is part of a planned development with no unique hardship, that granting the variance would confer a special privilege, and that it is not in harmony with the code's intent. The applicant did not create the lot conditions, but the desire to enclose the deck did not meet the variance criteria.
Zoning Determinations Completed: The board noted five zoning determinations completed since the last meeting: ZBA19-1055ZD (Northgate Plaza Subdivision), ZBA19-1056NCU (316 Upper College Terrace), ZBA19-1066HO (222 Shannonbrook Lane), ZBA19-1097ZD (Riverside Corporate Park), and ZBA19-1140ZD (999 W. Patrick Street).
Next Meeting: The next meeting is scheduled for December 17, 2019, at which the election of officers will be held and the Hood College Child Development Lab case (ZBA19-957NCU) will be heard.

Meeting Transcript

Good evening, everybody. Welcome to the November 26, 2019 meeting of the City of Frederick Zoning Board of Appeals. I'll give you a little bit. We'll do an abbreviated background tonight since we're getting a late start. And uh for anybody, I'm sure that thousands of people tuned in at home to uh watch. So apologies to anybody who you know was ready right at seven o'clock. Um but we had a slight delay and uh we're gonna get going. Um just to give you a little bit of background about what we do here at the zoning board of appeals. Um we are all volunteers, we're all residents of the city. Um, and uh we review um appeals to the city's land management code. Um uh um based in findings of facts and potentially grant variances uh to that code under Maryland state law. Um uh we need four individuals for a quorum. We have four tonight, so we can conduct business. Um also in addition to the four members of the board, we have members of the city staff um who assist us in our activity. So all the way to my far right and everybody else's far left is Ms. Rachel DePo, and she is an assistant attorney um here with the city's attorney's office, and then next to Ms. DePo is Miss Gabrielle Collard. Um she is the division manager of current planning with the planning department here in the city of Frederick. And then to my far left and everybody else's far right, it's Ms. Jessica Murphy. She's the office manager in the planning department, and uh in addition to her many, many, many daily duties, she supports the ZBA and the work that we do tonight. Um so just to give you a little bit of background about uh how a case um will go this evening, uh, when we get to that piece on the agenda. Um I'll call your case and I can see that our applicant is here. Usually I say give me a little wave and let me know that you're here, but we're all you know, um uh see that you're already here and present. Um but the first thing that we're gonna do is I'm gonna ask the staff for the staff report. And so the staff will read the staff report into the record. At the end of the staff report, they may give a recommendation or recommendations regarding the case. Um that is one element that members of the ZBA use in our decision making process, but of course it's not our only um element that we consider. Um following the staff report, I'll ask the applicant to um approach the microphone. Um we'll see if there's any additional information that you would like to um uh provide, anything in the staff report that you'd like to clarify or address. Um members of the board may ask you questions during that time period. Um following uh that we'll see if there are any members of the public who happen to be here who want to give testimony regarding the case. Um anybody from the public um uh is permitted to come and speak about a case that might be before the ZBA. Um after if we see if we have any public comment, I'll ask the applicant if they have any you know closing remarks that they would like to make um and sort of any closing statements. I'll then close the public testimony section of the case, and I will call for a motion from the board. Um a motion um from the board needs a majority of votes um in order to pass um tonight with a quorum of four, um three votes in the affirmative, we'll pass uh any motion. Do we have any questions? No, and if any come up, let me know. Um and uh we're happy to address them as they arise as well. Um so members of the board, before we get started with tonight's cases, um we have a couple general items uh to address uh on our agenda. Um we have called the order and had our announcements. Item number two is general public comment. This is a period that if there's any member of the public that would like to speak generally about zoning or zoning issues in the Frederick in uh Frederick City not related to tonight's case. Um certainly welcome to do so. Do I see any takers? Seeing none, uh we will move on to item number three. Item number three is review and approval of the September 24th, 2019 meeting minutes. Members of the board, you have those minutes before you. I'll entertain a motion. Mr.

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