The Frederick Zoning Board of Appeals (ZBA) met on January 28, 2020, at 7:00 PM at City Hall (101 North Court Street) to consider two new business items: a variance request for a deck at 201 Spring Bank Avenue and a conditional use request for an assisted living facility at 1640 Andover Lane. The meeting was broadcast live on Channel 99 and streamed online. All five voting members were present (a full quorum), and all witnesses were sworn in. Both applications were approved unanimously (4-0, with one member absent from voting on the second item).
Good evening, everybody. Welcome to the January 28th, 2020 meeting of the City of Frederick Zoning Board of Appeals. So I like to start off the meeting, give you a little bit of background about what we do here at the Zoning Board of Appeals. We'll go over the processes that we'll follow tonight and see if anybody's got any questions related to that. And we've got a couple of standing items on the agenda for a little bit of housekeeping, and then we'll get on to tonight's cases if that makes sense. Here at the Zoning Board of Appeals, we hear appeals to the land management code, variances, special exceptions. I think we have one of each on the agenda tonight. We're appointed by the mayor, and our appointments are confirmed by the Board of Aldermen. In addition to the members of the board up here, we also have members of city staff that support us in our activities and our work. So just for uh everybody's uh edification to my far right and to everybody's far left is uh Mr. Stephen Davis. He is an assistant attorney uh with the city attorney's office. Um next to him is Ms. Rachel DePoe. She is also an assistant attorney with the city attorney's office. And then seated next to her is Miss Gabrielle Collard. She is the division manager of current planning in the planning department here with the city. And then to my left, and everybody else's right is Ms. Jessica Murphy. She's the office manager with the planning department. And in addition to many, many, many duties, uh, she supports uh us here in the ZBA and everything that uh we do. Um so a little bit about what our um procedures will look like uh tonight. Um I will um when I get to the cases, I'll call the case number. Um if the applicant is here can just give me a little wave and let you let me know that you're present, that would be great. Um, but we'll start by asking for the staff report. And so the staff report will be read into the record. Um, as part of that staff report, there may be a recommendation or recommendations regarding the case. Um, that is one element that we use in our decision making, but it's not the only element. So following the staff report, um, we'll ask for the applicant uh to come to the podium here. Um it's an opportunity for the applicant to expand on or clarify any information um that might have been presented with the staff report. Um, give us board members any additional background or information uh that you might feel we need. Members of the board might ask you questions during that period. Um following our statements uh from the applicant, we will ask if there's any member of the general public that would like to give testimony. And any member of the public is welcome to give testimony regarding the cases that are before us. Um following any public testimony. Um, we'll then ask the applicant if they have any closing remarks or any statements that they would like to do to kind of summarize the information that they would like to share with us here on the ZBA, and that'll close our public testimony section of the case. Following us gathering all the testimony, I'll call for a motion from the board. Um I believe we have five members, so we have a full quorum tonight. We have five voting members with us. Um, and a simple majority passes any motion that's before us. So three out of five votes will pass uh a motion forward. Um couple other of uh small things. Um if you come uh to the microphone and you are giving testimony tonight. We're gonna ask you to identify yourself by your name and your address. If you happen to leave the microphone and come back, we might ask you to give your name again. Um the reason for that is that everything is being recorded this evening, and any person who's aggrieved by a decision that we make here on the ZBA has a right to appeal our decision to the Circuit Court of Maryland. Um, and so that helps fill out the record that allows a judge who might happen to be listening to recording or um watching the video feedback, keep straight who might have to be speaking at any uh given uh time. Any additional questions or any questions that would additional reply you had on before about tonight's procedures? No, if not, if something comes up uh during the case or something, just let us know, and we're happy to answer and uh uh figure it out for you. Um as I mentioned uh here earlier, we do have a couple of housekeeping items on the agenda.