Frederick Zoning Board of Appeals Meeting – December 17, 2019
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Frederick Zoning Board of Appeals Meeting – December 17, 2019
The Zoning Board of Appeals held a regular meeting on December 17, 2019, at 7:00 PM in City Hall. The board addressed a continuance, a new business case on intensification of a nonconforming use for a Hood College child development lab, and board business including officer elections and approval of the 2020-2021 schedule. The meeting was broadcast live on Channel 99.
Consent Calendar
- Approval of Minutes: The board unanimously approved the November 26, 2019 meeting minutes as written.
Public Comments & Testimony
- Bill Miller (next-door neighbor, 301 West Fifth Street): Expressed concerns about the proposed increase to 55 students, noting that a prior neighborhood meeting with Hood College indicated a 20-student maximum due to fire code. He stated the change in character from a teaching lab to a for-profit operation (Georgetown Hill) and worried about traffic congestion, parking, and safety for children crossing the alley. He acknowledged Hood’s responsiveness (trimming hedges, adding signs) but urged the board to consider limits.
- Linda Crow (301 West Fifth Street): Stated that neighbors had come to terms with the extended hours and days, but were surprised to learn of the 55-student maximum. She expressed concern about additional traffic on the small street and suggested a study of traffic impacts.
Discussion Items
- Continuance – ZBA19-1184V (201 Spring Bank Avenue): The applicant requested a continuance to the January 28, 2020 hearing. The board unanimously granted the continuance.
- New Business – ZBA19-957NCU (Hood College Child Development Lab, 302 W. 5th Street): The applicant, Hood College (partnering with Georgetown Hill Early School), requested approval to intensify the existing nonconforming use (school) by expanding hours to 7:00 AM–6:00 PM, five days a week, and serving up to 55 children (currently 17 enrolled). Staff reported that the use has been a school since 1947 and became nonconforming when the zoning changed to R6 in 2005. The applicant argued that the change is merely an intensification, not a change in character, and that no physical expansion is proposed. Board members asked about historical enrollment (23 in 2009) and building capacity. A representative of Georgetown Hill clarified that the building was licensed for up to 40 children in the past and that state licensing and fire codes would regulate the actual number. The board accepted the staff recommendation of approval.
Key Outcomes
- ZBA19-1184V: Continued to January 28, 2020.
- ZBA19-957NCU: Approved unanimously (3-0) with the finding that the intensification meets all five criteria under Section 909 of the LMC: no expansion beyond documented boundaries, same nature and purpose, same character, no different effect on the neighborhood. The approval allows operation Monday–Friday, 7 AM–6 PM, up to 55 children.
- Election of Officers: Jim Racheff was re-elected as Chair (4-1 vote, with Racheff abstaining). Larry Butcher was elected as Vice Chair (unanimous, with Butcher abstaining). Officers will serve until the next election in June 2020.
- 2020-2021 ZBA Schedule: Approved unanimously as presented, with dates adjusted for holidays.
Meeting Transcript
Meeting of the City of Frederick Zoning Board of Appeals. Apologies for our slightly late start here. I got caught behind some uh traffic, but I appreciate everybody's uh patience with the slight delay. Um before we get started with tonight's business and tonight's cases, I usually like to go over a little bit about the background about what we do here at the zoning board of appeals, um, sort of review what our rules of procedure are uh for tonight's cases, see if there's has any questions along those lines. Um the members of the zoning board of appeals, we are all volunteers, we are all residents of the city. We are appointed by the mayor, and our appointments are confirmed by the board of aldermen. Um, in addition to the uh five uh members of the zoning board of appeals, we're also supported in the work that we do here for the city um by city staff. And so for um uh everybody's edification uh to my far right and everybody else's far left is Miss Rachel DePo. She is an assistant uh attorney with the city attorney's office. Next to Ms. DePo is Miss Gabrielle Collard. She is the division manager of current planning. I always worry I'm gonna get the order of all the words uh out of whack. Um and then to my far left, and everybody else's far right is Ms. Jessica Murphy. She's the office manager with the planning department, and in addition to her many, many, many duties, she also supports the ZBA in our work. Um a little bit about our uh way our procedures will go this evening. Um we've got a few housekeeping uh matters on the agenda, um, but then we'll get to uh any cases that we have before us. I'll announce the case by number. If the applicant would let us know that they're um here, um that would be great. Um, but first I'm going to ask for the staff report. Um, the staff report will be read into the record at the end of the staff report. There'll be a recommendation regarding the case. Um their recommendation um is one element that we use in our decision making, but not the only element that we use. Um following the staff's report, we will ask the applicant uh to come forward. Uh we will see if the applicant has anything that they would like to clarify or they would like to add to the evidence that the staff has presented. Um during that time period, members of the board of appeals, we may ask questions of the applicant. Following uh the applicant's testimony, we will see if any members of the public wish to speak regarding this case. Any member of the public is welcome to come and give testimony regarding uh any matters that are before the zoning board of appeals. Um following any public testimony that we have, we'll ask the applicant to come back, see if they have any closing remarks that they would like to make in summation. Uh that will close the public testimony portion of our case, and I will then call for a motion from the board. Um a simple majority, three out of five votes, um uh will pass any motion that is before us. Um tonight we have five members uh of the board, so we've got a full board. Um if you are speaking tonight, if you approach the microphone, we're gonna first ask for your um name and your address for the record. If you happen to leave the microphone and come back for some reason, um if we could just have your name again for the record before you start speaking, um, that would be a great help. Everything uh that appears before the zoning board of appeals um is recorded because anybody who is aggrieved by one of our decisions has the right to appeal our decision uh to the circuit court of Maryland. Um when the judge is reviewing the evidence and reviewing any recordings, helps them keep straight uh who happens to be speaking at any one time. Uh so that's why we'll ask for uh that information from you. Do we have any questions about tonight's rules of procedure? No, seeing none. Um we have a couple of housekeeping uh matters uh on our agenda to take care of uh that we'll address first and then we'll get on to tonight's cases. Thank you. Members of the board, that takes us through our call of order and announcements. Uh item number two is general public comment. That's general public comment related to zoning in the city of Frederick, not related to any of tonight's cases. Um does happen once in a blue moon. So if we have anybody here that would like to give general comment regarding zoning. Seeing no takers, uh we will move to item number three. Um approval of the minutes, members of the board, you have before you the November 26, 2019 meeting minutes. I will entertain a motion.
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