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Record of Proceedings

Frederick Zoning Board of Appeals Meeting - May 26, 2020

Zoning Board of Appeals — Tuesday, May 26, 2020

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, May 26, 2020

StatusFILED

Video Record

0:00 / 1:13:50

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

0:00

Welcome to the May 26, 2020 meeting of the City of Frederick Zoning Board of Appeals.

0:06

Before we get started on tonight's business, I'd like to give you some brief information about the ZBA and the procedures we'll be following tonight.

0:15

So 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 zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, and to hear and decide appeals from agreed parties where it's alleged there's been an error made in any order requirement decision or determination made by an administrative officer in the enforcement of the land use article of the annotative code of Maryland or any law adopted there under, which includes the City of Fredericks Land Management Code.

0:53

We conduct all of our responsibilities in accordance with the city's land management code and Maryland state law.

1:00

Members of the Board of Appeals are all volunteers.

1:03

We are all residents of the city.

1:05

We are appointed by the mayor, and our appointments are confirmed by the Board of Alderman.

1:09

The board is comprised of five voting members.

1:13

Board is also supported in our activities by city staff.

1:20

Just for everyone's benefit, so you might know who's uh speaking tonight.

1:23

Um, I believe we have with us tonight uh Miss Gabrielle Collard from the planning department, Ms.

1:33

Rachel Lepot from the city's legal department, and Ms.

1:36

Sherry Kelly also from the planning department.

1:42

So a little bit of background on tonight's procedures.

1:45

Um of course, if everyone can tell, um, tonight's meeting will be conducted virtually due to the ongoing public health emergency.

1:54

And in accordance with the governor's executive orders, members of the ZBA, staff, and applicants will all be attending the meeting remotely.

2:03

The complete proceedings of tonight's meeting will be televised on Channel 99 and also on the city's website.

2:11

Public comment will be accepted on each agenda item.

2:14

Those wishing to make public comment will be asked to call 301 600 1213 during the staff presentation of the agenda item they'd like to make comment on.

2:28

Now, if you don't happen to have a pencil and paper uh in front of you, don't worry, we're gonna repeat that number uh several times through the course of the meeting.

2:37

Your call will be answered in the order that it's received and then will be transferred to the live feed of the meeting accordingly.

2:44

Each person wishing to make public comment will be asked to state their name, their general address, and then I, as the chair, I will swear them in before providing any testimony.

2:57

For applicants, um we ask that you join the meeting uh during the item that is immediately before yours in the agenda.

3:06

Um, I believe that we've got the applicant joined already, so that's fantastic.

3:10

Um, and when we call for your presentation after the staff presentation, we'll ask you to announce your name as well as the members of anyone on your team who might happen to be presenting this evening.

3:22

At that time, I will read uh the oath, and each member of the team should state their name and signify I do thereafter.

3:32

Um then following that, uh, anyone who isn't presenting at the time should mute their microphones.

3:39

Uh after your item has been voted on, we do ask that you promptly uh leave the meeting just so that it helps us uh manage those who might be waiting to join.

3:52

So, under these unusual conditions, board members, staff, and myself, we're all going to do the very best that we can under these trying circumstances.

4:00

Um please be assured that we will probably make some mistakes and some missteps tonight.

4:06

Uh, but we do appreciate everyone's patience uh and bearing with us as we work through any difficulties that might happen to arise.

4:14

So the general order of business for each case will be as follows.

4:19

First, I will call and introduce the case, and at that time I will conduct a roll call of our board members who will each respond with their full name and present so that we have that entered into the record.

4:32

Second, I will ask for the presentation of the staff report and any staff recommendations that are part of that staff report.

4:41

Um, as part of the staff report, staff members presenting will introduce themselves.

4:46

Staff members will be sworn in.

4:48

Staff members will enter the report into the record.

5:00

And members of the public wishing to give comments should be mindful that now is the time to start calling 301 600 1213 if you do wish to give comment on uh this particular agenda item.

5:08

Following the staff report, ZBA members may question the staff.

5:12

I will conduct a roll call of each ZBA members to see if they have any questions of the staff.

5:18

Each member will respond uh with their questions or indicate that they have no questions if that's the case.

5:25

Fourth, I will ask for the presentation by our applicant.

5:29

Um the applicant will also be asked to state their name and the names of anybody who is on their team for the presentation.

5:37

Um the applicant and those members will be sworn in.

5:40

Um at the end of the swearing, the applicant and the team members should all respond by stating their name and saying I do.

5:47

Um and then I will ask the applicant to present any information um regarding the case that they wish to share with the members of the board.

5:55

Um just like the staff report.

5:57

After that, I will ask the board members if they have any questions for the applicant.

6:01

And so I'll conduct another roll call of the ZBA members, see if they have any questions for the applicants.

6:06

In turn, they'll either ask their questions or indicates that they have no questions at this time.

6:12

Six, the board will then take public comment.

6:16

As we've already mentioned a couple times, members of the public wishing to give public comment regarding an item should call 301 600 1213, preferably during the staff presentation, so that we've got folks ready when we come to this point into the agenda.

6:33

We will hear from all members of the public in the order in which the calls are received.

6:39

Much like uh our applicant and our staff members, all callers will be asked to give their full names and addresses for the record.

6:46

They will also be sworn in, prying to give in any comments.

6:51

Seventh, after hearing public comments, I will ask if there are any closing remarks from the applicant.

6:57

So if the applicant has any final thoughts or anything that they'd like to present to sum up uh their case, that'll be the time that I'll ask them to present that.

7:07

Um eight, I will then ask for board members if they have any additional questions of the staff.

7:13

Once again, I will conduct a roll call.

7:15

Um, members of the board may ask questions or they may say that they have no questions at this time.

Discussion Breakdown — Share of Meeting

Child Care Services█████████████████████████████████████████████53%

Procedural███████████████18%

Zoning And Land Use█████████████15%

Economic Development██████7%

Public Comment███4%

Noise Ordinance███3%

Summary of Proceedings

Frederick Zoning Board of Appeals Meeting - May 26, 2020

The Zoning Board of Appeals of Frederick, Maryland, held a virtual meeting on May 26, 2020, at 7:00 PM due to the ongoing public health emergency. The meeting was conducted remotely and broadcast live on Channel 99 and the city's website. The board addressed one new business item—a conditional use application for a small child care center—and discussed proposed amendments to its rules of procedure for emergency events.

Consent Calendar

Approval of April 28, 2020, Meeting Minutes: The board unanimously approved the minutes from the April 28, 2020, meeting. The vote was 4 in favor (Larry Aronow, Sean Butcher, Steve West, Dr. Ying) with no objections.

Discussion Items

ZBA20-348CU – Conditional Use, 1805 Whispering Meadow Court

Applicant: Valerie Lavala, owner of the property at 1805 Whispering Meadow Court, requested conditional use approval under Sections 308 and 811 of the Land Management Code (LMC) to expand her existing family child care center from 8 children (which is exempt from zoning approval) to a small child care center caring for between 8 and 12 children. She stated she has operated the center since 2002 without any noise or traffic complaints, and that the expansion would allow her to retain existing clients who have siblings and to afford hiring an assistant. She emphasized that the additional children would be primarily siblings of current clients and that many school-age children are only present before and after school.
Staff Report: Sherry Kelly (City Planner II) presented the staff report. The property is zoned R-4 (low density residential) and is part of the Walnut Ridge planned neighborhood development. Staff noted that the lot is 10,740 square feet, and under LMC Section 811(D)(4), a minimum of 1,000 square feet per child is required, limiting the facility to a maximum of 10 children (not 12 as requested). Staff recommended approval with conditions: no more than 10 children, the applicant must provide an updated state child care license, and must obtain a zoning certificate within two years. Staff found the use consistent with the comprehensive plan's support for small businesses and determined that the expansion would not create greater adverse impacts than permitted uses.
Board Questions and Discussion:
- Mr. West asked whether the 10-child limit was the total number of children that could be on site at once or the total enrolled. Staff and applicant clarified that the limit refers to the maximum number of children present at any time, based on lot square footage. Mr. West noted that the square footage requirement is intended to limit occupancy, not enrollment.
- Dr. Ying inquired about indoor space, noise control, and winter conditions. Staff responded that the city noise ordinance applies, and state licensing and building codes address indoor safety—matters not under ZBA review.
- Mr. Arno and Mr. Butcher asked about the impact of the lot size, staffing requirements, and the feasibility of the expansion. The applicant noted that state regulations require a staff member for more than 8 children, and that adding two children (from 8 to 10) would allow her to break even, while an 11th child would provide a small profit.
- The board deliberated on the number of children. Mr. Arno and Mr. West favored allowing up to 11 children, given the small square footage deficit (10,740 vs. 11,000 for 11 children) and the applicant's long history of service. Mr. Butcher initially proposed 10 but later moved for 11.

Board Business – ZBA Rules of Procedure Amendments

Gabrielle Collard (Deputy Director for Planning) presented proposed amendments to the ZBA Rules of Procedure (Section 4.10) to establish procedures for conducting meetings during emergency events, such as the current pandemic. The amendments would allow virtual meetings and coordination via email and phone. The board did not vote on the amendments; they were introduced for public notice and will be voted on at the next meeting.

Key Outcomes

Decision on ZBA20-348CU: The board approved the conditional use request for a small child care center at 1805 Whispering Meadow Court, with the following conditions:
1. No more than 11 children may be cared for due to the property size (per LMC Section 811(D)(4)).
2. The applicant must provide a child care licensing certificate and inspection report from the Maryland Child Care Administration.
3. The applicant must apply for and receive a zoning certificate within two years of the decision (per LMC Section 312(G)), which shall state the limit of 11 children. The motion was made by Mr. Butcher and seconded by Mr. West. The board voted 4-0 in favor (Larry Aronow, Sean Butcher, Steve West, Dr. Ying).
Rules of Procedure: The draft amendments were presented and will be considered for a vote at the next ZBA meeting. No action was taken.

Meeting Transcript

Welcome to the May 26, 2020 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, I'd like to give you some brief information about the ZBA and the procedures we'll be following tonight. So 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 zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, and to hear and decide appeals from agreed parties where it's alleged there's been an error made in any order requirement decision or determination made by an administrative officer in the enforcement of the land use article of the annotative code of Maryland or any law adopted there under, which includes the City of Fredericks Land Management Code. We conduct all of our responsibilities in accordance with the city's land management code and Maryland state law. Members of the Board of Appeals 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 Alderman. The board is comprised of five voting members. Board is also supported in our activities by city staff. Just for everyone's benefit, so you might know who's uh speaking tonight. Um, I believe we have with us tonight uh Miss Gabrielle Collard from the planning department, Ms. Rachel Lepot from the city's legal department, and Ms. Sherry Kelly also from the planning department. So a little bit of background on tonight's procedures. Um of course, if everyone can tell, um, tonight's meeting will be conducted virtually due to the ongoing public health emergency. And in accordance with the governor's executive orders, members of the ZBA, staff, and applicants will all be attending the meeting remotely. The complete proceedings of tonight's meeting will be televised on Channel 99 and also on the city's website. Public comment will be accepted on each agenda item. Those wishing to make public comment will be asked to call 301 600 1213 during the staff presentation of the agenda item they'd like to make comment on. Now, if you don't happen to have a pencil and paper uh in front of you, don't worry, we're gonna repeat that number uh several times through the course of the meeting. Your call will be answered in the order that it's received and then will be transferred to the live feed of the meeting accordingly. Each person wishing to make public comment will be asked to state their name, their general address, and then I, as the chair, I will swear them in before providing any testimony. For applicants, um we ask that you join the meeting uh during the item that is immediately before yours in the agenda. Um, I believe that we've got the applicant joined already, so that's fantastic. Um, and when we call for your presentation after the staff presentation, we'll ask you to announce your name as well as the members of anyone on your team who might happen to be presenting this evening. At that time, I will read uh the oath, and each member of the team should state their name and signify I do thereafter. Um then following that, uh, anyone who isn't presenting at the time should mute their microphones. Uh after your item has been voted on, we do ask that you promptly uh leave the meeting just so that it helps us uh manage those who might be waiting to join. So, under these unusual conditions, board members, staff, and myself, we're all going to do the very best that we can under these trying circumstances. Um please be assured that we will probably make some mistakes and some missteps tonight. Uh, but we do appreciate everyone's patience uh and bearing with us as we work through any difficulties that might happen to arise. So the general order of business for each case will be as follows. First, I will call and introduce the case, and at that time I will conduct a roll call of our board members who will each respond with their full name and present so that we have that entered into the record. Second, I will ask for the presentation of the staff report and any staff recommendations that are part of that staff report. Um, as part of the staff report, staff members presenting will introduce themselves. Staff members will be sworn in. Staff members will enter the report into the record. And members of the public wishing to give comments should be mindful that now is the time to start calling 301 600 1213 if you do wish to give comment on uh this particular agenda item. Following the staff report, ZBA members may question the staff. I will conduct a roll call of each ZBA members to see if they have any questions of the staff. Each member will respond uh with their questions or indicate that they have no questions if that's the case. Fourth, I will ask for the presentation by our applicant. Um the applicant will also be asked to state their name and the names of anybody who is on their team for the presentation. Um the applicant and those members will be sworn in. Um at the end of the swearing, the applicant and the team members should all respond by stating their name and saying I do. Um and then I will ask the applicant to present any information um regarding the case that they wish to share with the members of the board. Um just like the staff report. After that, I will ask the board members if they have any questions for the applicant. And so I'll conduct another roll call of the ZBA members, see if they have any questions for the applicants. In turn, they'll either ask their questions or indicates that they have no questions at this time.

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