Frederick ZBA Approves Entertainment and Front Porch Variance on October 26, 2021
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Frederick Zoning Board of Appeals Meeting Summary - October 26, 2021
The City of Frederick Zoning Board of Appeals (ZBA) held a virtual meeting on October 26, 2021, at 7:00 P.M. via Channel 99 and online streaming. The board, consisting of five voting members (Chair Jim Racheff, Vice Chair Lawrence Aronow, Bob Sisson, Dixon Hicks, Stephen Colar, and Alternate Lee Hand) with staff from the Planning Department and legal counsel, convened to consider two new business items: a conditional use request for a restaurant with entertainment at 221 Shorebird Street and a variance request for a covered front porch at 405 Magnolia Avenue. Both applications were approved unanimously. The meeting also included approval of the August 24, 2021 meeting minutes and a summary of zoning determinations completed in September and October.
Consent Calendar
- Approval of Minutes: The board approved the August 24, 2021 meeting minutes as written. The vote was 4-0-1, with Eric Ahalt recusing himself because he was not a board member at the time of that meeting.
Public Comments & Testimony
- ZBA21-764CU (221 Shorebird Street): No public comments were received.
- ZBA21-1118V (405 Magnolia Avenue): Warren Morningstar, a resident of 409 Magnolia Avenue, spoke in support of the variance, stating it is "perfectly consistent with this neighborhood" and welcoming the applicants to the "porch community."
Discussion Items
- ZBA21-764CU – Conditional Use for Restaurant with Entertainment (221 Shorebird Street): Staff Planner Joe Adkins presented the staff report. The applicant, represented by Michael Rafa, requested a conditional use to allow entertainment (live music) at the Distilled restaurant from 10:30 p.m. to 1:30 a.m. The property is zoned MU1 and is part of the Market Square development. Staff noted that a restaurant without a conditional use may have entertainment only until 9 p.m. Sunday-Thursday and 10 p.m. Friday-Saturday. The proposed entertainment would extend these hours, requiring conditional use approval. Key findings included that the restaurant is 400 feet (amended from 500 feet during the meeting) from the closest residential structure, on Mill Pond Way, and the proposed use was deemed compatible with the 2020 Comprehensive Plan (Land Use Policy 1 and Economic Policy 1). The board discussed noise concerns and the need for compliance with city noise regulations. Staff recommended approval with conditions, including obtaining a zoning certificate within two years and posting a placard as per Section 856.F.2.
- ZBA21-1118V – Variance for Covered Front Porch (405 Magnolia Avenue): Staff reported that the applicant, Eric Smith, requested variances of 6 feet from the front yard setback and 4 feet from the side yard setback to add a covered porch to a 1930s home in the R6 district. Staff analysis noted that four of the five neighboring houses have similar porches, and the strict application of modern setback requirements would create a hardship. The applicant stated that the porch would attach to an existing side porch without further encroachment and addressed neighbor concerns about water runoff, assuring that drainage would be improved. The board engaged in legal discussion with Assistant City Attorney Stephen Davis about the interpretation of Section 313.C.2.b, considering the age of the neighborhood as a peculiar condition. After deliberation, the board approved the variance with an added finding that "lack of a variance will deny the owner privileges that others in the neighborhood already enjoy."
Key Outcomes
- ZBA21-764CU (221 Shorebird Street): Approved unanimously (4-0, with all present members voting in favor). The motion included findings that the use is in harmony with the Comprehensive Plan, would not have additional impacts, and complies with Section 856. Conditions: (1) Obtain a zoning certificate within two years (Section 312.G), (2) Post the property per Section 856.F.2.
- ZBA21-1118V (405 Magnolia Avenue): Approved unanimously (4-0, with all present members voting in favor). The motion included the amended finding that the lack of the variance would deny the owner privileges enjoyed by other properties in the neighborhood.
- Zoning Determinations Completed: The agenda listed 35 zoning determinations completed in September and October 2021, but these were acknowledged without discussion in the meeting.
- The meeting adjourned after welcoming new board member Eric Ahalt.
Meeting Transcript
Good morning, everybody. Welcome to the October 26, 2021 meeting of the City of Frederick Zoning Board of Appeals. Before we get on to tonight's business, I usually like to give some brief information about the ZBA and as well as our procedures tonight, especially since we are continuing to meet virtually. And so our procedures have been modified to accommodate an online meeting format. It is a responsibility of the zoning board of appeals to authorize on appeal in specific cases, a variance from the terms of the city zoning ordinance. Here and decide special exceptions to the terms of the zoning regulations, hear and decide appeals of a grief party where there is alleged that there's been an error in any order, requirement, decision, or determination made by an administrative officer and the enforcement of the land use article of the Annecated Code of Maryland or any law adopted under that state law, which includes our City of Frederick Land Management Code. We conduct our responsibilities in accordance with the city's land management code, or you'll hear it referred to as the LMC, probably through tonight's meeting, and all applicable Maryland state law. Members of the Board of Zonia Appeals, we are all volunteers and we are all residents of the city. Members are appointed by the mayor, and those appointments are subsequently confirmed by the Board of Aldermen. The ZBA is comprised of five voting members. All five voting members are with us tonight. So we have a quorum and a full board. Board is also supported in our activities by city staff for everyone's uh benefit. I'll briefly introduce those individuals who are supporting us tonight. We have uh Joe Adkins, uh director of the planning department, and Carrie Ann Eilark, who is the office manager for the planning department uh supporting us. And from the city's legal department, we have uh assistant city attorney Stephen Davis, I believe, uh with us as well. Um, little bit of background on tonight's procedures. Uh tonight's meeting will be conducted virtually due to the ongoing health emergency. In accordance with the orders of the mayor and the board of aldermen, uh the ZBA staff and all applicants are attending this meeting remotely. Apologize there. Uh the complete proceedings are televised on Channel 99 as well as streamed on the city's website. That's the wonders here of technology. Uh we'll get the wonderful notifications. Um public comment, it will be accepted on each agenda item tonight. Uh, anyone wishing to make public comment will be asked to call area code 301 600 1213. Uh during the staff presentation when we announce the item that they would like to make comment on. So when we get to that item on the agenda, if somebody wishes to make public comment, that's a good time to call that phone number. We will repeat it throughout the meeting, but it is 301 600 1213. Calls will be answered in the order that they are received, uh, and they will be transferred to the live feed of the meeting uh in court accordingly. Uh just so anyone's aware, anyone wishing to make public comment will be asked to state their name and their address, and then we'll be sworn in uh by the chair before providing any testimony to the board. For applicants, please join the meeting during the item immediately before your item on the agenda. So if uh you see that we're at the uh uh item on the agenda before yours as the applicant, uh please make sure that you're connected to the meeting. Um that gives us time to be able to shake out anything that we need to do uh if there's any sort of glitches with the technology and getting connected. Um we call uh for your presentation after the staff presentation. We'll also ask that the applicant and any member of uh their team who are going to be involved in the presentation state their name. And then at that time, I will read the oath. Uh and each team member should state their name and signify I thereafter. Um team members for the applicant that aren't speaking should please mute their microphones uh unless they are uh talking and providing information uh to the board. Um applicant's item has been voted on. Um, we also ask that you um promptly uh leave the meeting as well. Once again, just so that it makes it a little easier for us to manage the technology and the connections into tonight's meetings. Under the unusual condition tonight, board members, staff, myself, we are all going to do the very best we can under the circumstances. We are most assuredly going to make some mistakes if history is any indicator. We do appreciate everybody's ongoing patience and bearing with us if we need to work through any difficulties that happen to arise. General order of business for each case will be as follows. First, I will call and introduce the case from the agenda. I will conduct a roll call of the board members and each will respond with their name and present, just so that we have for the record uh that the board members uh are present and participating while the case is being heard. Um second, I'm gonna ask for the presentation of the staff and any staff recommendations. Um the staff members presenting, much like the applicant will introduce themselves. I will swear the staff members in uh and the staff members will then enter a staff report into the record.
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