Frederick Zoning Board of Appeals Meeting - January 28, 2020

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).

Consent Calendar

• The minutes from the December 17, 2019 meeting were approved as amended (a small typo was corrected).
• No general public comment was offered (no comments on zoning matters unrelated to the agenda).
• No continuances or old business were on the agenda.

Public Comments & Testimony

• Case ZBA19-1184V (201 Spring Bank Avenue): Sandy Gray, owner of the adjacent property at 203 Spring Bank Avenue (Lot 2), expressed concerns about the potential size and location of the proposed deck, specifically that it could obstruct her view of traffic when backing out of her driveway. She noted that her deck extends 11 feet from the house, while others in the row are 9 feet, and she suggested the new deck not extend beyond 6 feet to avoid interfering with sightlines. She also expressed concerns about a potential privacy barrier wall, preferring a 3-foot wall to preserve mountain views.
• Case ZBA19-1272CU (1640 Andover Lane): No public testimony was offered.

Discussion Items

Case ZBA19-1184V - Variance for Deck at 201 Spring Bank Avenue

• Request: A variance of 4 feet 6 inches from the required rear setback of 6 feet to construct a second-story open, unenclosed deck. The property is part of the Springbank mixed-use community, and the rear setback had already been reduced from 20 feet to 6 feet during the master planning process.
• Staff Report (Gabrielle Collard): Staff recommended approval, finding that all seven variance criteria under Section 313 of the Land Management Code were met. Key points included: the deck would not impede light, air, or access; the curved property line at the intersection of Spring Bank Drive and Old Inn Alley created a unique practical difficulty; the variance was the minimum necessary for a reasonably sized deck; and the applicant (Dan Ryan Builders) did not create the situation.
• Applicant Testimony: The applicant (representative of Dan Ryan Builders) explained that the deck would be about 7 feet deep, smaller than others in the row due to a pinch point. They agreed to a condition of no privacy barrier wall.
• Board Questions: Board members asked about deck dimensions and structural supports. One member noted the deck would be smaller than adjacent ones, and the applicant confirmed the variance was needed because the curved lot line reduced the usable rear yard.
• Vote: Motion to approve with a condition that no privacy barrier/partition be constructed. Passed unanimously (4-0; one member, Mr. Sisson, made the motion, Mr. Butcher seconded, and all voted in favor).

Case ZBA19-1272CU - Conditional Use for Assisted Living at 1640 Andover Lane

• Request: Conditional use approval to operate a nursing home/domiciliary care/assisted living facility in an existing single-family home. The property is zoned R8 (medium-density residential).
• Staff Report (Gabrielle Collard): Staff recommended approval, finding compliance with Section 308 and Section 841 of the LMC. The proposal aligns with the comprehensive plan's housing policies supporting elderly housing. The facility would have four beds in three rooms, with one on-site manager and an on-call alternate. Parking (1.5 spaces per code) meets the requirement (0.3 spaces per room, so 1 space required). Staff recommended conditions: all visitor/service vehicles must park on site; proof of state licenses required before zoning certificate; and the approval expires in two years if not used.
• Applicant Testimony: Rebecca Yeboah, the applicant and on-site manager, stated she intends to provide level 1-2 care (ambulatory residents). She addressed traffic concerns, stating the garage and driveway can accommodate visitors, and that she would work with service providers to notify arrivals.
• Board Questions: Board members raised concerns about the property's steep backyard slope (fall risk) and the condition of the deck. The applicant stated staff would always be present to assist residents. Another member questioned the number of beds vs. bedrooms (4 beds in 3 bedrooms), and the applicant clarified the four beds did not include the manager. The applicant confirmed she would rent the property from the owner, Gladys Asante.
• Vote: Motion to approve with the three conditions recommended by staff. Passed unanimously (4-0; motion by Mr. Butcher, seconded by Mr. Aronow).

Key Outcomes

• ZBA19-1184V (201 Spring Bank Avenue): Approved (4-0) with a condition that no privacy barrier/partition be constructed on the deck. The variance allows construction of a second-story open deck with a 4'6" reduction of the rear setback.
• ZBA19-1272CU (1640 Andover Lane): Approved (4-0) with three conditions: (1) all visitor/service vehicles must park on site; (2) proof of state licenses/approvals must be provided prior to issuance of a zoning certificate; (3) the approval expires two years from the date of approval unless the use is established or construction begins.
• Next Steps: The applicant for the assisted living facility must obtain state licenses. Staff announced upcoming comprehensive plan workshops, including one on February 8, 2020, at the annex building.