Frederick Zoning Board of Appeals Meeting - March 23, 2021
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Frederick Zoning Board of Appeals Meeting - March 23, 2021
The City of Frederick Zoning Board of Appeals (ZBA) held a virtual meeting on March 23, 2021, at 7:00 PM. The board considered one variance application (ZBA21-163V) for a property at 319 Willow Avenue, conducted board business including postponing officer elections, and approved the 2021-2022 deadline schedule. The meeting was broadcast live on Channel 99 and streamed online.
Public Comments & Testimony
- Moses Panetta, a neighbor at 321 Willow Avenue, came to City Hall to express full support for the variance application. He stated his support in person, and staff relayed his position to the board.
- The applicant, Chris Shears, stated that his neighbor at 317 Willow Avenue was agreeable to the proposed carport but had difficulty contacting planning staff.
Discussion Items
- ZBA21-163V, Variance, 319 Willow Avenue: The applicant requested a variance to Section 405 of the Land Management Code (LMC) to reduce the required 8-foot interior/side setback to 1 foot in order to construct a carport adjacent to the existing house. The property is a 7,425-square-foot lot in the R8 (Medium Density Residential) zoning district, improved with a single-family dwelling built in 1948. The proposed carport would encroach 7 feet into the required setback, leaving only 1 foot from the property line. Staff presented findings against all seven variance criteria, noting no unique conditions (e.g., irregular shape, topography) that would justify a variance. The applicant argued that nearby properties at 316, 318, and 320 Willow Avenue had existing carports built between 1970 and 1983, setting a precedent, and that the carport would provide safety by protecting vehicles from ice and snow. Board members acknowledged the applicant’s practical needs but engaged in extensive debate about the legal standard requiring a unique hardship. Chair Racheff and staff noted that the lot is a regular rectangle with no extraordinary conditions, and that granting a variance without uniqueness would effectively legislate a change to the code, which is the role of the mayor and Board of Aldermen. Board members Aronow and Sisson expressed reluctance, stating that the existing carports in the neighborhood demonstrate that the requested structure is appropriate and that denial would deprive the applicant of rights enjoyed by neighbors. However, they ultimately agreed that the legal criteria for a variance were not met. Legal Counsel Rachel DePo clarified that Maryland variance law requires a unique characteristic of the property itself, not just neighborhood precedent.
- Election of Officers: The board postponed the election of officers to the next meeting because one member (Mr. West) was absent.
- Approval of 2021-2022 ZBA Deadline Schedule: The board unanimously approved the proposed deadline schedule for upcoming submittals and hearings.
Key Outcomes
- Variance Denied (4-0): The board voted to deny the variance for ZBA21-163V, finding that no unique characteristics of the lot existed to meet the second criterion (Section 313 of the LMC). The motion was made by Mr. Sisson, seconded by Dr. Ying, and all four voting members voted in favor (with reluctance expressed). Chair Racheff announced that he would draft a letter to the mayor and Board of Aldermen expressing the board’s concern that the current code may not adequately allow for reasonable improvements in established neighborhoods, and suggesting consideration of a criteria allowing variance based on neighborhood character and precedent.
- Election of Officers Postponed: The board voted (3-0) to postpone officer elections until the next regular meeting, expected to have a full board.
- 2021-2022 Deadline Schedule Approved: The board voted (3-0) to approve the proposed submittal and hearing deadline schedule for the coming year.
Meeting Transcript
We are now in order. Welcome everybody in attendance here virtually or watching from home to the March 23rd, 2021 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, as usual, I'd like to give a little bit of information about the ZBA and especially go over the special procedures that we're using tonight due to the ongoing health pandemic that we have. So it is responsibility of the zoning board of appeals to authorize on appeal a variance from the term of the city zoning regulations to hear and decide special exceptions to the terms of the zoning regulations to hear and decide the appeals of agreed parties where it's alleged that there is an error in any order requirement decision or determination made by an administrative officer in the enforcement of the land use article of the Annicated Code of Maryland or any law adopted under the land use article of uh the Maryland State Code, and that includes the City of Fredericks Land Management Code. Um and of course, uh we members of the zoning board of appeals conduct all our responsibilities in accordance with the terms of the city's land management code and also Maryland state law. Members of the board are all volunteers. We are all residents of the city. Members are appointed by the mayor, and those appointments are confirmed by the board of aldermen. Uh tonight we have four voting members uh of the board uh here with us uh tonight, if my attendance is right. Uh the board is also supported in our activities by city staff, and so everyone's benefit. Uh I'd like to go ahead and introduce individuals who might be supporting us tonight. Um with us tonight, we have uh Ms. Gabrielle Callard, Ms. Sherry Kelly, uh Ms. Jessica Murphy, all from the city's uh planning department. Um and uh we are also expecting Ms. Rachel DePo from the City's legal department to be joining us shortly. Um we also have uh Joe Atkins and Carrie Ann Eiler from the city's planning department uh who is assisting us with our streaming uh as well as our coordination of any public comments that we might receive uh this evening. So to go over uh tonight's procedures. Uh as I mentioned earlier, tonight's meeting is conducted virtually due to the 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. Um the complete proceedings of this meeting will be televised on Channel 99 and also available for streaming on the city's website. That being said, public comment will still be accepted on each agenda item. Those wishing to make public comment will be asked to call Area Code 301 600 1213. Um during the staff presentation of any item that they would like to make comment on. Um of course I'll be repeating this number several times through the course of the evening. Uh so no need to scramble for a pencil and paper. Um, and we will also be uh posting it uh on our audio visual uh um uh transmission uh as well. Um all calls will be ordered in the answer they're received, and they will be transferred to a live feed of the meeting uh accordingly. Each person wishing to make public comment will be asked to state their name and give their general address, um, and then we'll be sworn in by myself before providing any testimony to the board. For applicants for uh this evening, if you have a case before us this evening, please join the meeting at least during the item on the agenda that immediately appears before your uh item on the agenda. Um, given that we only have one uh case uh available to us or before us this evening. Um this is probably a good time to start thinking uh about joining the meeting. Uh when we call for your presentation from the applicant, which will be after the staff presentation, um we'll ask that you announce your name as well as the members of any uh of your team that are presenting this evening. And at that time, I will read uh the oath, and each member of the applicant's team will be asked to state their name and signify I do thereafter. Um please, all members of the team not speaking uh during the course of the meeting. Please remember to mute your microphone so we can minimize any kind of cross chat talk that we have. Um after an applicant's uh item is voted on, we ask that they promptly uh leave the meeting uh so that we can continue to proceed with the night's business. Under these unusual conditions, board members, staff, and myself, of course, we're all gonna do the very best we can under difficult circumstances. Um we are most assuredly going to make a couple mistakes. Um we appreciate everyone's patience and bearing with us as we work through any difficulties that happen to arise uh in the course of tonight's proceedings. The general order of business for each case will be as follows. First, I will call and introduce the case. I will conduct a roll call of board members, and I'll ask each board member respond with their full name and present. So for the record, uh we record that the board members are here for the presentation of the case. Secondly, I'll ask for the presentation of the staff report and any staff recommendations. I will ask the staff members presenting to introduce themselves. Staff members will be sworn in. Staff will enter the staff report into the record. And as promised, members of the public wishing to give comment on this case should call area code 301 600 1213.
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