Frederick Zoning Board of Appeals Approves Brewery Conditional Use on July 28, 2020
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Frederick Zoning Board of Appeals Meeting - July 28, 2020
The Zoning Board of Appeals of Frederick, Maryland, met virtually on July 28, 2020, to consider a conditional use application for a brewery at 1781 North Market Street, along with routine approvals of minutes and procedural rules.
Consent Calendar
- Approved minutes of the May 26, 2020 meeting (motion by Steve West, seconded by Bob Sisson, vote 4-0).
- Approved amendments to the ZBA Rules of Procedure to formalize virtual meeting procedures during the emergency (motion by Larry Arno, seconded by Steve West, vote 4-0).
Discussion Items
- Case ZBA20-550CU – Conditional Use for Brewery at 1781 North Market Street The applicant, Minoxy Brewing Company (represented by Kristen Bogan and Phil Bowers), sought conditional use approval to officially establish their existing brewery and tasting room as a "brewery" under the city's land management code, in order to allow entertainment activities. The site has been operating since 2011 under earlier zoning certificates. Staff (Gabrielle Collard) presented findings that the use complies with Section 857 of the LMC, including that the tasting/retail area is 31% of the total square footage (under the 40% limit), that the nearest residential lot is over 1,000 feet away, and that outdoor entertainment will occur in a fenced area. The applicant noted that indoor entertainment is not currently feasible due to lack of sprinklers. Staff recommended approval with one condition: prior to hosting indoor entertainment, the applicant must obtain approval from the building department. There were no public comments. Board members asked one question about restroom facilities for outdoor events, which the applicant addressed by stating that existing restrooms are inside and portable units would be used if needed.
Key Outcomes
- Motion to approve conditional use: Made by Sean Butcher, seconded by Larry Arno and Dr. Ying. The motion included findings of fact as recommended by staff and the condition regarding building department approval for indoor entertainment. The board voted 4-0 in favor (Larry Arno, Sean Butcher, Steve West, and Dr. Ying all voted "for"), granting the conditional use.
- The board also approved the minutes and the rules of procedure amendments as noted above.
Meeting Transcript
Let's go ahead and get going. I'll call us to order. Welcome everybody to the July 28th, 2020 meeting of the City Frederick Zoning Board of Appeals. Before we get started on tonight's business, I'd like to go over some information about the ZBA and specifically about our procedures tonight. Definitely in the light that we're meeting virtually. And even though we've run through a couple of sessions this way fairly smoothly, we might have a hiccup or two. So just to refresh everybody's memory, we'll go ahead and go through the whole process for everyone's edification. So it's a little bit of background. It's the responsibility of the zoning board of appeals to authorize on appeal in specific cases the variance from the terms of the city's zoning regulations to hear and decide special exemptions to the terms of the zoning regulations, and to hear and decide appeals of agreed party where it's alleged there's been an error in an order requirement decision or determination made by an administrative officer in enforcement of the land use article of the annotated code of Maryland or any law adopted under that, which includes the city of Frederick's land management code. We members of the zoning board of appeals, we conduct these responsibilities in accordance with the city's land management code and Maryland state law. The members of the zoning board of appeals are all volunteers. We are all residents of the city. Members are appointed by the mayor, and those appointments are then confirmed by the Board of Aldermen. The board is comprised of five voting members and one alternative member. Board is also supported in our activities and our efforts by members of the city staff for everybody's benefit. I'll go ahead and introduce those individuals who are supporting us tonight. We have Gabrielle Collard and do we have Brandon? Yes, we have Brandon Mark as well from the planning department. We have Stephen Davis from the city's legal department. And the most critical of our support staff, we have Jessica Murphy here with us. She's the office manager for the planning department. And in addition to her many, many responsibilities, she supports the ZBA and all the work that we do. So for tonight's procedures. Tonight's procedures will be conducted virtually due to the ongoing health emergency. In accordance with the governor's executive orders, members of the ZBA, staff, and applicants will all be attending the meeting remotely. Complete proceedings will be televised on Channel 99 and available for streaming on the city's website. Public comment will be accepted on each one of our agenda items. Those wishing to make public comment will be asked to call 301 600 1213 during the staff presentation of the item that they would like to make comment on. If you didn't get that number the first time around, don't worry. I have a feeling that I will probably say it about two dozen more times through the course of the meeting. We'll remind everybody at home to make sure if somebody wants to call in that they're able to do so. All the calls will be answered in the orders that they're received and 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 and their address as well as being sworn in by myself before providing any testimony on the agenda item. Note for applicants. Seeing that we only have one item of new business and we have uh our applicant on the uh line already. I feel that we're in good stead. Um we call uh for your presentation after the staff presentation. We'll ask you to announce your name as well as the members of anybody on your team who will be presenting the evening. At that time, I will read uh the swearing-in oath, and each member of the team will be asked to state their name and signify um I thereafter. Um remembering that all members of the team not speaking at any one time should remember to meet their microphones. Um has been voted on, we ask that any of the applicants um promptly leave the meeting. Once again, we only have one item on the agenda tonight, so I think that we're in good stead there. Under these unusual conditions, board members, staff, and myself, we are all going to do the very, very best that we can under these circumstances. We are most assuredly going to probably make some mistakes, even though we've done this a couple times already. And we do appreciate everybody's patience and bearing with us as we work through any difficulties that might crop up in the course of the meeting. The general order of business for each case will be as follows. First, I will call and introduce the case. And any staff recommendations that staff might want to share with the ZBA. Staff members presenting will all introduce themselves. Staff members will be sworn in.
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