Zoning Board of Appeals Meeting - October 27, 2020
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Zoning Board of Appeals Meeting – October 27, 2020
The Zoning Board of Appeals (ZBA) of Frederick, Maryland, held a virtual meeting on October 27, 2020, due to the ongoing health emergency. The board considered three new business items: a conditional use to expand a small child care center, a variance for signage at a grocery store, and a conditional use for the adaptive reuse of the historic Prospect Hall as a reception facility, recreation center, and farmers market. All three applications were approved unanimously with specific conditions.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the September 22, 2020 meeting. Motion by Bob Sisson, seconded by Steve West. Vote: 4-0 (Racheff, Aronow, Sisson, West all aye).
Public Comments & Testimony
- No members of the public called in to provide testimony on any agenda item.
Discussion Items
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ZBA20-611CU – Conditional Use, 1800 Weybridge Road (Small Child Care Center)
- Staff Presentation: Sherry Kelly, Deputy Director for Planning, presented the staff report. The applicant, Rebecca Rohrback, currently operates a family care center (≤8 children) exempt from zoning. She requested a conditional use to expand to a small child care center for 8–12 children. The property is 0.25 acres, zoned R4, within the Walnut Ridge PND. Staff found all criteria met in Sections 308 and 811 of the LMC, and recommended approval with conditions limiting care to 11 children due to lot size (1 per 1,000 sq ft), requiring a child care licensing certificate, and a zoning certificate within two years.
- Applicant Presentation: Rebecca Rohrback testified that the expansion was motivated by increased demand during the COVID-19 crisis, particularly to support essential personnel. She described staggered drop-off times, respectful children, and that she will employ her daughter. She agreed to the 11-child limit.
- Board Questions: No questions from board members. Chair Racheff noted the loss of other daycares in the area.
- Outcome: Motion to approve by Steve West, seconded by Bob Sisson. Vote: 4-0 (Aronow, Sisson, West, Racheff all aye). Conditions: (1) No more than 11 children; (2) Provide child care licensing certificate and inspection report; (3) Apply for zoning certificate within two years stating 11 children.
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ZBA20-784V – Variance, 1 Western Drive (Signage for Grocery Store)
- Staff Presentation: Gabrielle Collard presented the staff report. The applicant, Megamart Plaza Frederick LLC, operates a grocery store on a lot zoned GC. The lot has 110 ft of building frontage, allowing 220 sq ft total signage and 110 sq ft building-mounted. The applicant proposed 268 sq ft of building-mounted signs (three facades) with no freestanding signs. Staff found the configuration unique due to the lot shape, orientation dictated by the Golden Mile Small Area Plan, and high-speed traffic on Route 40. The variances (increase total to 268 sq ft and building-mounted to 243% of frontage) were deemed the minimum necessary and not contrary to public interest. Staff recommended approval.
- Applicant Presentation: David Severin, attorney, concurred with staff and highlighted the extraordinary circumstances (erroneous site plan notes, compliance with small area plan, multiple access points). He presented exhibits showing the proposed signage scale vs. allowed size.
- Board Questions: None from board members. Racheff commented on the benefits of the signage for navigation.
- Outcome: Motion to approve by Steve West, seconded by Bob Sisson. Vote: 4-0 (Aronow, Sisson, West, Racheff all aye). Board members expressed support for revitalization on the Golden Mile.
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ZBA20-786CU – Conditional Use, Prospect Hall, 889 Butterfly Lane (Reception Facility, Recreation Center, Seasonal Farmers Market)
- Staff Presentation: Gabrielle Collard presented the staff report. The applicant, Prospect Hall Properties LLC, proposes to adaptively reuse the historic Prospect Hall mansion (zoned R12 but non-residential due to prior subdivision). Uses include a reception facility, recreation/social service center, and seasonal farmers market. Staff analyzed compliance with Section 813 (commercial use of historic structure) and found the uses functionally similar to permitted uses (e.g., wineries, cultural centers). Key issues: potential nuisance (traffic, noise, lighting), parking, and access. Staff recommended approval with conditions: level two screening buffer (6-ft wall), access only from Butterfly Lane (deliveries via Acropolis Way), and at least 96 parking spaces plus 10 bicycle spaces.
- Applicant Presentation: Bruce Dean (attorney), Michelle Sigler, and James Schultz (owners) presented. They emphasized the historic significance, community orientation, and limited operational hours (primarily weekends). They requested flexibility on parking (proposing 72 spaces including ADA) to preserve historic landscape and specimen trees. They offered a condition allowing the city to require expansion if needed. They committed to managing noise and traffic impacts.
- Board Questions & Discussion:
- Larry Aronow asked about catering (applicant will have a commercial kitchen but may use outside caterers).
- Bob Sisson praised the project as similar to Kentlands Mansion, noting demand for such venues.
- Chair Racheff discussed parking: Staff recommended 96 spaces, but applicants argued 72 is sufficient and less impactful. Racheff inquired about a reevaluation mechanism. Collard suggested the ZBA could condition a one-year post-certificate review. Sisson proposed including permeable paving alternatives. West noted applicants have incentive to provide adequate parking.
- The board discussed modifying the parking condition to 72 spaces with a one-year review and encouragement of alternative paving.
- Outcome: Motion to approve by Bob Sisson, seconded by Larry Aronow, with conditions as modified. The maker accepted an added condition: within one year of zoning certificate issuance, staff shall report to the board on any parking deficiencies. The parking condition was set at a minimum of 72 spaces (including ADA) with consideration of alternative paving materials. Other conditions included level two buffer, access limitations, and standard expiry. Vote: 4-0 (Aronow, Sisson, West, Racheff all aye). The board commended the applicants for preserving a historic structure.
Key Outcomes
- ZBA20-611CU Approved (4-0): Conditional use to operate a small child care center for up to 11 children at 1800 Weybridge Road. Applicant must obtain a child care license and zoning certificate within two years.
- ZBA20-784V Approved (4-0): Two variances allowing total signage of 268 sq ft and building-mounted signage of 268 sq ft (243% of frontage) at 1 Western Drive.
- ZBA20-786CU Approved (4-0): Conditional use for Prospect Hall as reception facility, recreation/social service center, and farmers market. Key conditions: minimum 72 parking spaces with alternative materials encouraged, butterfly lane access only, six-foot rear wall (may be increased by PC), and a one-year parking reevaluation by ZBA.
- Election of Officers Postponed: The board unanimously voted to delay the election of a vice chair to a future meeting when all members are present (vote 4-0).
The meeting adjourned at approximately 9:30 PM.
Meeting Transcript
Good evening, everybody. Welcome to the October 27th, 2020 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, and especially given our unusual circumstances that we're all working through, I'd like to give everybody some brief background information about the ZBA and our procedures tonight, make sure that no one's got any questions before we get started with tonight's business. So just as some background, 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, and to hear and decide appeals of aggrieved parties where 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 Maryland state law, which includes the City of Frederick's land management code. We conduct all these responsibilities in accordance with the city's land management code and all applicable Maryland state law. Members of the board are all volunteers and we are all residents of the city. The members of the board are appointed by the mayor, and those appointments are confirmed by the board of aldermen. Board is also supported in our activities by members of the city staff. For everyone's benefit, I'd like to introduce those individuals who are supporting us remotely this evening. We have Gabrielle Collard from the planning department with us. For tonight's procedures. So tonight's meeting will be conducted virtually due to the ongoing health emergency. And in accordance with the governor's executive orders, members of the ZBA, city staff, and applicants will all be attending the meeting remotely. The complete proceedings of the meeting will be televised on Channel 99 and will also be available 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 area code 301-6001213 during the staff presentation of the agenda item they would like to make comment on. If you didn't catch that number, don't worry, we're going to throw it up on the screen. Each person wishing to make public comment will be asked to state their name and their general address, and then they will be sworn in by myself before writing any testimony to the board. For applicants on tonight's agenda, please join the meeting during the item immediately before your item. So if you're watching on Channel 99 or on the web, please make sure you join the meeting before your agenda item is called. At that time, I will read the oath, and each member of the team should respond by stating their name and signifying I do thereafter. And then as we continue with the presentation, if anybody on the team isn't speaking at any uh particular time, if they could just mute their microphones, that would be helpful and help us minimize any feedback. After an applicant's uh item has been voted on, um, we ask that you go ahead and leave the meeting once again, just so that we can manage bandwidth and echo and all those good technical things as easily as possible. So, under these unusual conditions, board members, staff, and myself, we are all going to do the very best we can under these circumstances. Um we are also gonna most assuredly make some mistakes, even though after a couple months uh we're getting it down uh pretty well. Um, there still might be some hiccups. If that happens, we really appreciate everyone's patience and bearing with us if we happen to need to work through any difficulties that happen to arise. So for the process tonight, the general order of business will be as follows. First, I will call and interview the case on the agenda. Um I will conduct a roll call of both of board members who will each respond with their full name and present um so that we have their presence um annotated for the record. Second, I will ask for the presentation of the staff report, which will include uh any staff recommendations uh following their analysis in their report. Um staff members presented will introduce themselves. Staff members will be sworn in by the chair. Staff members will enter their staff report into the record. Um, once again, anybody wishing to give public comment on the the case that um is uh currently being discussed, we'll then call 301601213. Um third, after the staff report, CBA members might ask questions of staff. I will once again conduct a roll call of each CBA member to see if they have any questions of the staff. Each member will respond by stating their name, and if they don't have any questions, uh they will state uh no questions uh at that time. Fourth, I will ask for the presentation by the applicant. The applicant will be asked to state their name and the name of anybody else on their team who is presenting for the record. I will swear the applicant and the team members in uh the applicant and the team members should all respond by stating their name and I do in response to the oath. Um, and then we'll ask the applicant to present their case to the ZBA. Once again, just like the staff report following the applicant's presentation, the ZBA board members will have an opportunity to ask questions. I will conduct a roll call of each one. They can ask uh any questions uh they might happen to have, or if they don't have any questions, they can simply answer that they don't have any questions at this time. Six, uh the board will then take any public comment. Um, once again, anybody who wishes to make public comment at this time uh should have called area code 301 600 1213. Um that way, if we have multiple people, um, we'll have them queued up and ready to give testimony at this point. Um again, uh I will ask them to give their full names and their addresses for the record, and I will also swear them in prior to them giving uh any questions or testimony. Um following all of that, I will then go back to the applicant and we will see if the applicant has any closing remarks, anything they'd like to expand on or clarify at that time.
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