OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Zoning Board of Appeals Meeting – September 22, 2020

Zoning Board of AppealsTuesday, September 22, 2020
BodyFrederick, Maryland
SessionZoning Board of Appeals
DateTuesday, September 22, 2020
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:37

Tuesday, September 22nd, 2020, meeting of the City of Frederick Zoning Board of Appeals.

0:45

Before we get started on tonight's uh business, I always like to open the meeting by giving some brief information about the ZBA and the procedures that we'll be following tonight.

0:58

And that's especially the case here during the pandemic when we've had to switch things around to do things here virtually rather than in person, like we normally do.

1:08

It is the responsibility of the zoning board of appeals to authorize on appeal in specific cases a 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 agreed party when it's alleged that there's been an error in an 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 under that article, which includes the City of Fredericks Land Management Code.

1:44

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

1:51

Members of the zoning board of appeals, we are all volunteers.

1:55

We are all residents of the city.

1:57

Members are appointed by the mayor, and then those appointments are confirmed by the Board of Aldermen.

2:02

The board is comprised of five voting members this evening.

2:07

The board is also supported in our activities for city by city staff for everyone's benefit.

2:14

Just like to briefly mention those individuals who are might be supporting us virtually tonight.

2:19

We have Gabrielle Collard and Jessica Murphy from the city's planning department.

2:26

We also have Stephen Davis from the city's legal department supporting us tonight.

2:35

And we have Joe Atkins from the planning department running our technology here in Microsoft Teams.

2:44

So for our tonight's procedures, tonight's meeting, of course, is being conducted virtually due to our ongoing health emergency in accordance with the governor's executive orders.

2:55

Members of the ZBA staff and applicants are all attending the meeting remotely.

3:00

But the complete proceedings will be televised on Channel 99 and also available for streaming on the city's website.

3:08

Even though we're meeting virtually, public comment will be accepted on each agenda item.

3:13

Those wishing to make public comment will be asked to call 301-600-1213.

3:22

During the staff presentation of whatever item they would like to give comment on, please don't rush to grab a pen.

3:29

We'll repeat that phone number several times throughout the course of uh tonight's proceedings.

3:40

And you will be transferred to a live feed of the meeting uh accordingly.

3:45

Each person wishing to make public comment is going to be asked to state their name and their address, and as well as will be sworn in by me as the chair before providing any testimony to the board.

3:57

For applicants tonight, we ask that you please join the meeting uh during the item immediately before your item on the agenda.

4:07

When we call for your presentation from the applicant uh following the staff presentation, we will ask that you announce your name as well as the members of anyone on your team who is presenting this evening.

4:20

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

4:31

Um following the swearing, we ask that the team members who happen to not be speaking to please try to remember to mute your microphones from home just so that we can minimize any sort of feedback that we get.

4:45

Also, after uh the applicant's item has been voted on, we also ask that they promptly leave uh the Microsoft team meetings uh following their agenda item.

5:00

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

5:08

Please be aware that in person we make mistakes remotely.

5:12

We most assuredly are going to make a few.

5:15

We appreciate everyone's patience and bearing through us as we work through any difficulties that might happen to arise in the course of tonight's meeting.

5:27

Since we're meeting remotely, let me go ahead and briefly uh go over uh tonight's procedures.

5:34

Um for each agenda item.

5:36

First, I will call and introduce the case.

5:38

Um I will call make a roll call of board members, each who will respond with their full name and present for the record.

5:48

Second, I will then ask for a presentation of the staff report and any staff recommendations.

5:53

The staff members presented will introduce themselves.

5:56

Staff members will be sworn in.

5:58

Staff will then enter uh the staff report into the record.

6:02

And just a reminder, as promised, members of the public wishing to give public comment on this case.

6:08

Now's the time to call 301 600 1213.

6:15

ZBA members may pose questions to the staff.

6:18

Our procedure will be as follows.

6:20

Um, following the staff report, I will conduct a roll call of each ZBA member and ask if they have any questions for staff.

6:27

Each member will answer by stating their name and respond with the questions that they happen to have, or indicate that they have no questions if that happens to be the case.

6:37

Following that, I will ask for the presentation of the case by the applicant.

6:42

The applicant will be asked to state their name and the name of all members of the team presenting uh for the record.

6:48

The applicant and the team members will then be sworn in by the chair.

6:52

The applicant and all members of the team should respond by stating their name and answering I do in response to the oath.

7:00

And then I will ask the applicant to present their case to the ZBA.

7:05

Much like the staff report, following the applicant's presentation.

7:09

I will then uh ask the board members if they have any questions for the applicant.

7:14

I will conduct a roll call and each member will respond by uh stating their name and asking any questions they might happen to have or stating no questions if that's the case.

7:27

Following uh the applicant's presentation and any questions, the board will then take any public comment.

7:33

Members of the public wishing to give public comment regarding a case should call 301-600-1213, preferably during the staff presentation of the item that you wish to give public comment on.

7:47

Um we will hear from members of the public in the order that the calls are received.

7:52

Callers will be asked to give their names and addresses for the record and will similarly be sworn in prior to giving any testimony to the members of the board.

8:03

Following any public commentary and hearing any public comments, I will ask for closing remarks from the applicant.

8:11

Following the applicant's closing remarks, I will ask the board members if they have any final questions for the applicant or the staff.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████45%
Procedural█████████████████████████████████████████41%
Public Comment█████5%
Public Health████4%
Affordable Housing███3%
Board Appointments██2%
Summary of Proceedings

Zoning Board of Appeals Meeting – September 22, 2020

The Frederick Zoning Board of Appeals met virtually on September 22, 2020, to consider continuances, one conditional use application, and board business. The meeting was held remotely due to the COVID-19 pandemic and broadcast on Channel 99.

Approval of Minutes

  • The board unanimously approved the minutes from the August 25, 2020 meeting.

Continuances

  • ZBA20-633CU (107 S. East Street) – Requested a continuance to December 22, 2020 (originally requested October 27, but amended). The applicant, represented by Paul Rose, needed additional time to work with city staff on parking deck space availability. Approved unanimously (4-0).
  • ZBA20-611CU (1800 Weybridge Road) – Requested a 30-day continuance to October 27, 2020, to complete public notice requirements. Approved unanimously (4-0).

New Business: ZBA20-668CU – 5819 Butterfly Lane (Adult Living Facility)

  • Proposal: Applicant Ruby JD Barra requested conditional use approval to operate a five-bed nursing home/domiciliary care/adult living facility in an existing single-family home on a 19,166 sq ft lot in the R6 zoning district. The facility would serve residents aged 65+ with 24-hour care, staffed by two caregivers during the day and one overnight.
  • Staff Report: Presented by Gabrielle Collard, recommending approval with three conditions: (1) all visitor/service vehicles must park on site; (2) proof of state licenses must be provided before zoning certificate issuance; (3) approval expires after two years per LMC §312G.
  • Applicant Testimony: Ms. Barra, an ICU nurse of 15 years, emphasized the need for transitional care for elderly patients discharged from hospitals. She accepted all recommended conditions.
  • Board Questions:
    • Larry Arno inquired about parking (driveway can accommodate 2–3 cars) and bathroom adequacy (one full bath plus half bath; applicant plans to renovate and provide a portable toilet if needed).
    • Sean Butcher questioned whether the applicant would reside on-site (she will not; caregivers will work 12-hour shifts) and delivery vehicle concerns (applicant will route large deliveries to her primary residence).
  • Public Comment: None.
  • Motion: Steve West moved for approval, citing consistency with the comprehensive plan, no greater adverse impact than a residential use, no exterior changes, and compliance with lot area requirements (19,166 sq ft vs. 2,500 sq ft minimum for 5 beds). Seconded by Bob Sisson. Unanimously approved (4-0) with the three conditions.

Board Business

  • The board thanked outgoing member Sean Butcher, who served on the ZBA for several years. Chair Jim Racheff and other members expressed appreciation for his contributions. Butcher will now serve on the Frederick County Board of Appeals.

Adjournment

The meeting adjourned after the farewell. The next regular meeting is scheduled for October 27, 2020.

Meeting Transcript

Tuesday, September 22nd, 2020, meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's uh business, I always like to open the meeting by giving some brief information about the ZBA and the procedures that we'll be following tonight. And that's especially the case here during the pandemic when we've had to switch things around to do things here virtually rather than in person, like we normally do. It is the responsibility of the zoning board of appeals to authorize on appeal in specific cases a 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 agreed party when it's alleged that there's been an error in an 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 under that article, which includes the City of Fredericks Land Management Code. We conduct all our responsibilities in accordance with the city's land management code and Maryland state law. Members of the zoning board of appeals, we are all volunteers. We are all residents of the city. Members are appointed by the mayor, and then those appointments are confirmed by the Board of Aldermen. The board is comprised of five voting members this evening. The board is also supported in our activities for city by city staff for everyone's benefit. Just like to briefly mention those individuals who are might be supporting us virtually tonight. We have Gabrielle Collard and Jessica Murphy from the city's planning department. We also have Stephen Davis from the city's legal department supporting us tonight. And we have Joe Atkins from the planning department running our technology here in Microsoft Teams. So for our tonight's procedures, tonight's meeting, of course, is being conducted virtually due to our ongoing health emergency in accordance with the governor's executive orders. Members of the ZBA staff and applicants are all attending the meeting remotely. But the complete proceedings will be televised on Channel 99 and also available for streaming on the city's website. Even though we're meeting virtually, 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 whatever item they would like to give comment on, please don't rush to grab a pen. We'll repeat that phone number several times throughout the course of uh tonight's proceedings. And you will be transferred to a live feed of the meeting uh accordingly. Each person wishing to make public comment is going to be asked to state their name and their address, and as well as will be sworn in by me as the chair before providing any testimony to the board. For applicants tonight, we ask that you please join the meeting uh during the item immediately before your item on the agenda. When we call for your presentation from the applicant uh following the staff presentation, we will ask that you announce your name as well as the members of anyone on your team who is presenting this evening. At that time, I will read uh the oath, and each member of the team should reply by stating their name and signify I do thereafter. Um following the swearing, we ask that the team members who happen to not be speaking to please try to remember to mute your microphones from home just so that we can minimize any sort of feedback that we get. Also, after uh the applicant's item has been voted on, we also ask that they promptly leave uh the Microsoft team meetings uh following their agenda item. Under these unusual conditions, the board members, staff, myself, we're all going to do the very best we can under these circumstances. Please be aware that in person we make mistakes remotely. We most assuredly are going to make a few. We appreciate everyone's patience and bearing through us as we work through any difficulties that might happen to arise in the course of tonight's meeting. Since we're meeting remotely, let me go ahead and briefly uh go over uh tonight's procedures. Um for each agenda item. First, I will call and introduce the case. Um I will call make a roll call of board members, each who will respond with their full name and present for the record. Second, I will then ask for a presentation of the staff report and any staff recommendations. The staff members presented will introduce themselves. Staff members will be sworn in. Staff will then enter uh the staff report into the record. And just a reminder, as promised, members of the public wishing to give public comment on this case. Now's the time to call 301 600 1213. ZBA members may pose questions to the staff. Our procedure will be as follows. Um, following the staff report, I will conduct a roll call of each ZBA member and ask if they have any questions for staff. Each member will answer by stating their name and respond with the questions that they happen to have, or indicate that they have no questions if that happens to be the case. Following that, I will ask for the presentation of the case by the applicant. The applicant will be asked to state their name and the name of all members of the team presenting uh for the record. The applicant and the team members will then be sworn in by the chair. The applicant and all members of the team should respond by stating their name and answering I do in response to the oath.

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