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Record of Proceedings

Zoning Board of Appeals Meeting - June 22, 2021: Administrative Appeal Finalized

Zoning Board of Appeals — Tuesday, June 22, 2021

BodyFrederick, Maryland

SessionZoning Board of Appeals

DateTuesday, June 22, 2021

StatusFILED

Video Record

0:00 / 28:32

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

0:01

Welcome everybody to the Tuesday, June 22nd, 2021 meeting of the Zoning Board of Appeals for the City of Frederick.

0:14

I'd like to uh welcome you all here to what is hopefully one of our last virtual meetings before we'll be able to return and meet in person.

0:26

A little bit of background about the zoning board of appeals.

0:30

Um in case anyone's not familiar, anybody's watching uh at uh home.

0:36

Um the um members of the zoning board of appeals, we are all volunteers, we are all residents of the city.

0:44

Um uh we are appointed by the mayor, and our appointments are confirmed uh by the board of aldermen.

0:53

Um uh we have five members of the board, all five uh voting members are in attendance this evening.

1:01

Uh in addition to the members of the board, um, we also have uh members from the city staff who support us in our work.

1:10

Um uh we have um uh the um uh uh director of planning, um uh Joe Atkins, who's working our audio video this evening.

1:21

We have Scott uh Waxter, um, who is the an assistant attorney with the City of Frederick, who will also be supporting the zoning board of appeals in any um actions and activities where we might need his advice this evening.

1:38

Um I'm gonna go um uh we only have one item of uh business on our agenda tonight under old business.

1:46

Um that being said, we have a couple of housekeeping measures on our agenda that uh we'd like to get through before we do get to our one case.

1:55

Um uh anybody following at home.

1:58

We have uh had our call to order uh and our um announcements.

2:04

Um uh we have not been taking general public comment during uh the pandemic.

2:10

We will return uh to that as a um option here when we return in uh person, hopefully here around September.

2:19

Um and that brings us to item number three on the agenda, which is review and approval of the May 25th, 2021 meeting minutes.

2:27

Members of the board, you have those minutes in your packets, and I will entertain a motion.

2:33

Mr.

2:34

Chairman, this is Bob Sisson.

2:36

I'm make a motion that we accept the minutes as written.

2:39

We have a motion for missed from Mr.

2:41

Sisson uh to accept the minutes as written.

2:43

Do we have a second?

2:46

Steve West, second.

2:48

We have a second from Mr.

2:49

West.

2:49

Is there any discussion of the motion?

2:56

Seeing none, I will poll the members in turn uh for their vote.

3:02

Uh Mr.

3:03

Arno, how do you vote?

3:05

Approve.

3:07

Mr.

3:07

Sisson, how do you vote?

3:09

Approve.

3:10

Dr.

3:10

Ying, how do you vote?

3:12

Four.

3:14

And Mr.

3:14

West, how do you vote?

3:16

Approve.

3:17

It's four votes in the affirmative and the May 25th meeting minutes uh are approved as written.

3:25

Um item number four under our agenda would normally be swearing of witnesses.

3:31

We have no witnesses who will be offering uh testimony before us uh this evening.

3:36

And if we do, um we will um uh uh swear them in as necessary.

3:43

We have uh no continuances on item number five.

3:47

And then that brings us to item number six, old business um a continuance of ZBA 21-307AA in administrative appeal at 300 A East Fourth Street.

4:02

Uh members of the board, as you remember, um, we actually heard um uh testimony uh from this case uh here um during our May meeting.

4:13

Um uh we discussed uh the findings of the that of uh that matter and um came to a consensus as to our decision.

4:25

Um as is our normal practice in an administrative appeal.

4:29

Um uh uh our legal uh um uh support, Mr.

4:34

Waxter um uh um drafted what he believes was a reflection of um our discussion and our intent uh um given at the end of the May meeting.

4:47

Um and so for um this second part in this continuance, um, I will read the um letter drafted um into the record.

5:00

If there is any further wordsmithing or any questions that members of the board uh happen to have at this time, uh we will certainly discuss and entertain that.

5:11

Um, but following that, um, we will then call for a vote to formally um adopt whatever our final decision is and um uh indicate that I, as the chair of the board, will sign that decision um uh finalizing it and putting it into effect.

5:32

So please, for everybody uh present, um please bear with me.

5:38

I am uh going to read uh this letter.

5:41

I'm gonna do my very best to read it as efficiently as possible.

5:51

Um certainly we've got a couple pages uh to work through here.

6:01

Findings, conclusions, decisions, and order of the Zoning Board of Appeals of the City of Frederick, Maryland for case number ZBA 21-307A, an appeal by Sean and Rebecca Winpegler and Winpegler RCS LLC from decision of the deputy director of planning and zoning administrator, dated April 19th, 2012, and affirmed on January 27th, 2021.

Discussion Breakdown — Share of Meeting

Legal Matters█████████████████████████████████████████████53%

Procedural████████████████████████████████████████47%

Summary of Proceedings

Zoning Board of Appeals Meeting – June 22, 2021

The Frederick Zoning Board of Appeals (ZBA) met on Tuesday, June 22, 2021, at 7:00 PM via virtual format. The meeting focused on finalizing findings and a decision for an administrative appeal (ZBA21-307AA) concerning a telecommunications tower at 300A E. 4th Street. The board unanimously approved the May 25, 2021 meeting minutes and adopted the written decision denying the appeal.

Consent Calendar

Approval of Minutes: The board voted 4‑0 (with one member absent? Actually all five voting members present, but roll call shows four votes? The transcript says Chair Racheff also voted, making five total. The minutes from May 25, 2021 were approved as written. Motion by Bob Sisson, seconded by Steve West.

Public Comments & Testimony

No general public comment was taken during the meeting, as the board has suspended public comment during the pandemic. The chair noted that public comment will resume when in-person meetings return, anticipated around September 2021.

Discussion Items

ZBA21-307AA – Administrative Appeal (300A E. 4th Street): The board reviewed and read into the record the final written Findings, Conclusions, Decision, and Order for the appeal by Sean and Rebecca Winpigler and Winpigler RCS LLC. The appeal challenged the Zoning Administrator’s denial of building permits for replacing a telecommunications tower and support structures. The board had heard testimony at its May 25, 2021 meeting and reached a consensus to deny the appeal.
- Key Findings: The ZBA found that the 2011 tower on the property was not a legally existing nonconforming use because (a) the 1993 tower (which preceded the 2011 tower) did not qualify as a nonconforming feature under the Land Management Code (LMC) adopted in 2005, and (b) the 2011 tower was constructed off‑site and relocated to the property without obtaining a required conditional use approval. Therefore, the tower did not meet the definition of an “existing tower” under the federal Middle Class Tax Relief and Job Creation Act of 2012 (Section 6409(a)(1)), and the application did not qualify as an “eligible facilities request.” The board upheld the Zoning Administrator’s denial.
- Board Member Discussion: Steve West asked for clarification about the origin of the 2011 tower. Board members Bob Sisson and Stephen Aronow noted that testimony had indicated the tower was built off‑site and then moved to the property. Assistant City Attorney Stephen Davis confirmed that a report from Tower Technology LLC stated the tower was installed at a different location earlier, dismantled in 2010, and moved to Frederick County. The board agreed this detail strengthened the conclusion that the tower was not a legally existing structure.

Key Outcomes

Motion to Adopt Final Decision: Steve West moved to adopt the written Findings, Conclusions, Decision, and Order as read. Bob Sisson seconded. The board voted unanimously (5‑0) to approve the decision. The chair, Jim Racheff, was authorized to sign the order.
Decision: The Zoning Administrator’s denial of building permit 12‑297 (and subsequent related permits) was upheld. The companion application to replace guide wire poles was also denied.
Next Steps: The decision is appealable to the Circuit Court for Frederick County within 30 days.
Board Business: Chair Racheff acknowledged the retirement of board member Steve West, who attended his last meeting. The chair thanked West for his service and noted that West would be missed.

Adjournment

The meeting was adjourned following the vote.

Meeting Transcript

Welcome everybody to the Tuesday, June 22nd, 2021 meeting of the Zoning Board of Appeals for the City of Frederick. I'd like to uh welcome you all here to what is hopefully one of our last virtual meetings before we'll be able to return and meet in person. A little bit of background about the zoning board of appeals. Um in case anyone's not familiar, anybody's watching uh at uh home. Um the um members of the zoning board of appeals, we are all volunteers, we are all residents of the city. Um uh we are appointed by the mayor, and our appointments are confirmed uh by the board of aldermen. Um uh we have five members of the board, all five uh voting members are in attendance this evening. Uh in addition to the members of the board, um, we also have uh members from the city staff who support us in our work. Um uh we have um uh the um uh uh director of planning, um uh Joe Atkins, who's working our audio video this evening. We have Scott uh Waxter, um, who is the an assistant attorney with the City of Frederick, who will also be supporting the zoning board of appeals in any um actions and activities where we might need his advice this evening. Um I'm gonna go um uh we only have one item of uh business on our agenda tonight under old business. Um that being said, we have a couple of housekeeping measures on our agenda that uh we'd like to get through before we do get to our one case. Um uh anybody following at home. We have uh had our call to order uh and our um announcements. Um uh we have not been taking general public comment during uh the pandemic. We will return uh to that as a um option here when we return in uh person, hopefully here around September. Um and that brings us to item number three on the agenda, which is review and approval of the May 25th, 2021 meeting minutes. Members of the board, you have those minutes in your packets, and I will entertain a motion. Mr. Chairman, this is Bob Sisson. I'm make a motion that we accept the minutes as written. We have a motion for missed from Mr. Sisson uh to accept the minutes as written. Do we have a second? Steve West, second. We have a second from Mr. West. Is there any discussion of the motion? Seeing none, I will poll the members in turn uh for their vote. Uh Mr. Arno, how do you vote? Approve. Mr. Sisson, how do you vote? Approve. Dr. Ying, how do you vote? Four. And Mr. West, how do you vote? Approve. It's four votes in the affirmative and the May 25th meeting minutes uh are approved as written. Um item number four under our agenda would normally be swearing of witnesses. We have no witnesses who will be offering uh testimony before us uh this evening. And if we do, um we will um uh uh swear them in as necessary. We have uh no continuances on item number five. And then that brings us to item number six, old business um a continuance of ZBA 21-307AA in administrative appeal at 300 A East Fourth Street. Uh members of the board, as you remember, um, we actually heard um uh testimony uh from this case uh here um during our May meeting. Um uh we discussed uh the findings of the that of uh that matter and um came to a consensus as to our decision. Um as is our normal practice in an administrative appeal.

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