Zoning Board of Appeals Approves Home Occupation and Bed & Breakfast – April 28, 2020
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Zoning Board of Appeals Meeting – April 28, 2020
The City of Frederick Zoning Board of Appeals (ZBA) held a virtual public hearing on April 28, 2020, due to the ongoing health emergency. The meeting was conducted remotely and broadcast on Channel 99. The board considered two conditional use applications: a home occupation for a gunsmith/online firearms dealer and a bed and breakfast. Both applications were approved with conditions.
Call to Order and Announcements
- Chair Jim Racheff outlined virtual meeting procedures, including public comment by phone (301-600-1213), swearing-in of witnesses, and board roll-call procedures.
Approval of Minutes
- The board unanimously approved the minutes of the January 28, 2020, meeting (3 votes in favor; two members not present).
Consent Calendar
- There were no consent items on the agenda.
Public Comments & Testimony
- ZBA20-182CU (Gunsmith/Online Firearms Dealer): No public comments were received.
- ZBA20-286CU (Earthbound Bed & Breakfast): Phil LeBlanc of 4 Clark Place spoke in support of the application. He welcomed the applicant to the legal bed-and-breakfast community, noted he had submitted over 150 code complaints about illegal short-term rentals, and asked for consistency in regulations regarding parking and guest limits. He commented that parking modifications may require Aldermanic action rather than ZBA action.
Discussion Items
ZBA20-182CU – Conditional Use for Home Occupation at 1207 Oakwood Drive
- Staff Presentation: Gabrielle Collard, Division Manager of Current Planning, presented the staff report. The property is zoned R6 (low-density residential) and has a single-family dwelling. The applicant requested a home occupation for a gunsmith and online firearms dealer. Staff recommended denial because the proposed customer visits to the property would generate greater vehicular/pedestrian impacts than permitted residential use, violating LMC Section 829.B5 which prohibits vehicular traffic except for one permitted employee and one daily delivery.
- Applicant Presentation: Attorney Noel Manalo (Miles & Stockbridge) and applicant Bill Sauzer (owner of Jeff Pike Trading Post LLC) presented the case. Mr. Sauzer, a 78-year-old retired attorney and Army veteran, stated the business would be primarily gunsmithing (70% of customers) with incidental firearm sales to referrals only. He testified that customer visits would be minimal (about 15 trips per year) and indistinguishable from residential visits. He noted federal regulations require in-person transfers, but he does not advertise and only serves friends/referrals. The applicant argued that a strict interpretation of Section 829.B5 would render most home occupations impossible.
- Board Questions: Members asked about the gunsmithing/sales split, frequency of visits, referral sources, training on-site, and sale of certain firearms. Mr. Sauzer confirmed no training occurs at the residence and that he only sells firearms legal in Maryland.
- Public Comment: None.
- Closing Remarks: Applicant reiterated the small scale of the operation and offered to accept conditions limiting customer visits.
- Board Discussion and Motion: Chair Racheff made a motion to approve with findings that the use is in harmony with the Comprehensive Plan, will not create greater adverse impacts, and complies with Section 829. Conditions included: no outside employees (trading the permitted employee allowance), and a limit of one customer visit and one delivery per day. The motion was seconded by Steve West and passed unanimously (4-0).
ZBA20-286CU – Conditional Use for Bed & Breakfast at 28 E. 3rd Street
- Staff Presentation: Gabrielle Collard presented. The property is zoned DR (downtown residential) within the Historic Preservation Overlay. The applicant has operated a bed and breakfast since March 2017 but filed after receiving a notice of violation. Staff recommended approval, finding the use complies with Section 809 standards, including no greater adverse impacts than permitted uses, owner-occupancy, no exterior evidence, and no off-street parking required (modification justified due to historic preservation and physical constraints).
- Applicant Presentation: Ellen Doris Pfeiffer testified. She has 12 years of experience running bed and breakfasts (including in Charleston, SC). She operates only two guest rooms, mostly weekend stays, with a maximum occupancy of four (or five per building code). She uses Airbnb to collect payments, and Airbnb remits the hotel/hospitality tax to the city. She guides guests to public parking garages or street parking.
- Board Questions: Members asked about occupancy limits, hotel tax collection, and parking. Ms. Pfeiffer explained Airbnb handles tax remittance and that she directs guests to the Church Street garage.
- Public Comment: Phil LeBlanc spoke in support, as summarized above.
- Closing Remarks: Applicant thanked the board.
- Board Discussion and Motion: Steve West moved to approve with the findings recited from Section 809 and a condition that a zoning certificate be obtained within two years. The motion was seconded by Larry Aronow and passed unanimously (4-0).
Key Outcomes
- ZBA20-182CU (1207 Oakwood Drive): Approved (4-0) with conditions: (1) no outside employees (only the resident owner may work in the business); (2) no more than one customer visit and one delivery per day; (3) compliance with all Section 829 criteria.
- ZBA20-286CU (28 E. 3rd Street): Approved (4-0) with the condition that the applicant obtains a zoning certificate within two years of approval. The board also modified the off-street parking requirement.
- Zoning Determinations Completed: Staff reported completion of 12 zoning determinations (listed on the agenda) for properties including 501 Prospect Blvd., 922-1000 N. Market Street, 800 Motter Avenue, and others.
Adjournment
- The meeting adjourned with thanks to board members and staff for conducting the first virtual ZBA meeting. Chair Racheff noted minor technical difficulties but praised the board's performance.
Note: The meeting date is listed as April 28, 2020, in the agenda, but the transcript refers to April 27, 2020; the agenda date has been used here.
Meeting Transcript
Welcome everybody to the April 27th, 2020 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, I'd like to give everybody watching some brief information about the ZBA and also go over our procedures tonight, especially since our procedures, of course, are deviating a little bit from what we normally do. It's the responsibility of the Zoning Board of Appeals to authorize on appeal in specific cases of variance from the terms of the city's zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, to hear and decide appeals of a grieved party where there's alleged error in any order requirement, decision, or determination made by an administration officer in the enforcement of the land use article of the animated code of Maryland or any law adopted under that article, which includes the City of Fredericks Land Management Code. We conduct these responsibilities in accordance with the city's land management code and uh in accordance with Maryland state law. Members of the zoning board of appeals, we are all volunteers and we are all residents of the city. Members are appointed by the mayor, and those appointments are confirmed by the Board of Alderman. Uh, the board is comprised of five voting members and one alternate. Uh tonight, our alternate will be Mr. Sisson. Board is also supported in all our activities by city staffs. Uh for everybody's benefit, I'll mention those who are supporting us uh tonight here online. Uh tonight we have with us uh Gabrielle Collard, Brandon Mark, and Joe Atkins from the planning department and Rachel DePoe from the city's legal department. So to go over tonight's procedures. Uh tonight's meeting is being conducted virtually due to our ongoing health emergency. And in accordance with the governor's executive orders, members of the ZBA, staff, and applicants are all attending the meeting remotely. The complete proceedings are being televised tonight on Channel 99 and are also available for viewing on the city's website. Public comment will be accepted on each one of our agenda items. So those wishing to make public comment tonight will be asked to call 301 600 1213 during the staff presentation of the item they would like to make comment on. If you haven't written the number down, don't worry, we're going to repeat it several times tonight. Um, and so plenty of opportunity to get it jotted down. Your call will be answered in the order that it is received and will be transferred to the live feed of the meeting accordingly. Each person wishing to make public comment will then be asked to state their name, their general address, and will be sworn in by me before providing any comment or testimony tonight. A note for our applicants for one of our two cases tonight. Please join the meeting during the item immediately before your item on the agenda. When we call for your presentation, uh and that will follow immediately after the staff presentation. Please announce your name and introduce those members of your team that will be presenting this evening. At that time, I will read the swearing oath, and each member of the team will state their name and signify I do thereafter. Um members of the team not speaking or anyone not speaking tonight, please mute your microphones if you remember. That'll help us cut down on any type of crosstalk. After your item has been voted on, we ask that you promptly uh leave the meeting uh so that we can continue with tonight's business. Under these unusual conditions tonight, board members, staff, and myself, we're all going to do the very best that we can under these circumstances. Um and honestly, we are most assuredly going to make a mistake or two uh in the course of tonight's meetings. So we appreciate everyone's patience and bearing with us as we work through any technical difficulties that might arise. So to go over the general order of business for each case. Following the introduction of the case, I will conduct a roll call of board members, which each responding with their full name and present for record. Second, I will ask for a presentation of the staff report. And at the end of the staff report, any staff recommendations that the staff might happen to make. Staff members presenting will introduce themselves. Staff members will be sworn in. And then staff members will enter the report into the record. Just as a reminder, members of the public wishing to give public comment on this case should call 301 600 1213 at this time. Um so that we can get you in line uh to speak when the public comment uh portion occurs. After the staff report, ZBA members may question the staff as follows. I will conduct a roll call of each CBA member to see if they have any questions of the staff. And each member in turn will state their name and respond either with their questions or indicate that they have no questions. Fourth, I will ask for the presentation of the case by the applicant. We will ask the applicant to state their name and the name of all the members of their team present for the record. The applicant and team members will then be sworn in. The applicant and members of the team should respond to the swearing by stating their name and saying I do. And then the applicant will present their case to the ZBA.
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