City of Frederick Zoning Board of Appeals Meeting - April 6, 2022
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City of Frederick Zoning Board of Appeals Meeting - April 6, 2022
The Zoning Board of Appeals (ZBA) met on April 6, 2022, to conduct routine business and to hear a request for a conditional use to establish an assisted living facility. The meeting, held virtually due to the ongoing health emergency, was the board's last virtual meeting after two years. Chair Jim Racheff outlined procedures for public participation and testimony. The board approved prior meeting minutes and the 2022-2023 deadline schedule, then considered a conditional use application for 397 McClellan Drive.
Consent Calendar
- Approval of Minutes (October 26, 2021): Moved by Dixon Hicks, seconded by Lawrence Aronow. After discussion regarding Mr. Hicks' eligibility to vote (he had attended the October meeting), the board voted to approve the minutes as submitted. The vote was 4-0 (Chair Racheff noted his vote in favor).
- Approval of Zoning Board of Appeals 2022-2023 Deadline Schedule: Moved by Lawrence Aronow, seconded by Bob Sisson. Approved 4-0.
Public Comments & Testimony
Case ZBA22-058CU (397 McClellan Drive):
- Dan McQueen (95 Powers Court) spoke in opposition. He expressed concerns about the removal of three trees from the property (which he stated were required when the community was built), potential fence changes that might violate HOA rules, and the installation of security cameras that could infringe on neighbors' privacy. He also questioned whether the proposed four beds included the caretaker.
- Mark McDonald (93 Havert) raised two concerns: 1) Parking issues due to the proximity of a city park directly across the street, especially during large events; 2) The need for criminal background checks and screening of residents given the park's use by children.
- Two additional written comments were submitted via email (from Gareth Fountain, HOA president, and Theresa Smith) and one from Carol Davis included in the staff packet. All were entered into the record.
Discussion Items
Conditional Use – Assisted Living Facility (ZBA22-058CU) Applicant Dr. Ben Chepcoit requested conditional use approval under LMC Sections 308 and 841 to operate a nursing home/adult living facility with a maximum of four beds at 397 McClellan Drive, a single-family dwelling in the R4 (low density residential) zone. The property is approximately 6,855 sq. ft. with a 2,279 sq. ft. house.
Staff Report (presented by Joe Atkins):
- The proposed use aligns with the comprehensive plan's housing policies, including promoting diverse housing types and increasing availability for elderly individuals.
- Parking analysis: The garage and driveway provide three spaces (two garage spaces + two half driveway spaces), meeting the minimum of 0.3 spaces per room (0.3 x 4 = 1.2, but minimum two spaces required). The site has three spaces, satisfying requirements.
- The applicant meets all LMC criteria for section 841: (a) no adverse effect on neighborhood character; (b) state licensing required; (c) adequate protection from noise/traffic; (d) no site plan needed for existing structure; (e) density limit of one bed per 500 sq. ft. lot area – 6,855 sq. ft. allows up to 13 beds, so four beds are compliant.
- Staff recommended approval with a condition that the applicant provide proof of state licensing before a zoning certificate is issued, and noted that the zoning certificate must be obtained within two years.
Applicant Presentation (Dr. Ben Chepcoit):
- Dr. Chepcoit stated he owns another assisted living facility in Baltimore and lives in Frederick. He bought the property in October 2021 intending to serve the senior community.
- He clarified that only three bedrooms will be used for residents (private rooms), with the fourth for caregivers; maximum of three residents at a time. Residents are relatively independent (levels 1-2 under state licensing) and do not drive.
- He addressed concerns from public comments: the removed trees were old and overshadowing, and he plans to plant smaller trees and shrubs; the fence replacement will be standard four-foot fencing, consistent with HOA rules if allowed; security cameras are interior and only at entrances, used for resident safety per state requirements; visitation is scheduled and limited to one family at a time for two hours to control parking and traffic.
- The applicant has no plans for expansion or exterior modifications.
Board Questions and Deliberations:
- Mr. Aronow questioned the initial incorrect application (home occupation) and whether the HOA covenant violation was within the board's purview. Staff and legal counsel confirmed that HOAs are private matters, not under the ZBA's jurisdiction, and the board's evaluation is solely based on the Land Management Code.
- Mr. Hicks asked about parking and garage usability; staff explained the calculation. Dr. Ying inquired about holiday visitation and parking impacts; the applicant described scheduling controls.
- The board also discussed the need to address HOA concerns regarding fences and cameras outside the board's authority.
Key Outcomes
- Motion for Approval: Lawrence Aronow moved to approve the conditional use based on the staff findings of fact and six specific findings (in harmony with comp plan, no greater traffic impact, no exterior changes, applicant will obtain state licenses, site is in a residential setting, lot area sufficient). He added a recommendation that the applicant work with the HOA on fence rules. The motion was seconded by Bob Sisson.
- Vote: The board voted 4-0 in favor (Ying, Sisson, Hicks, Aronow, with Chair Racheff also voting in favor). The application was approved with the condition that proof of state licensing be provided before issuance of a zoning certificate, and with the non-binding recommendation to coordinate with the HOA.
- Next Steps: The applicant must obtain state licensing and provide documentation to the city. The zoning certificate must be issued within two years per LMC Section 312G. The board also noted that next month (April 2022) there will be an in-person training session for board members, but no regular cases are scheduled.
Meeting Transcript
Good evening, everybody. Welcome to the March 22nd, 2022 meeting of the City of Frederick Zoning Board of Appeals. Yeah. One of the uh extra benefits of being virtual is you never know what you might pick up on a hot mic. Uh so before we get started on tonight's business, everybody, I'd like to give uh some brief information uh about the background on the ZBA and what our procedures will be tonight, um, uh especially in the light that we're having a virtual meeting. Uh it is responsibility of the zoning board of appeals to authorize on appeal on specific cases a variance from the terms of the city's zoning regulations, herein decide special exceptions to the terms of the zoning regulations, or here and decide appeals of agreed parties where it's alleged that there's been an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the land use article of the annotated code of Maryland or any law adopted under that article, which includes the City of Frederick's land management code. We conduct our responsibilities in accordance with the city's land management code and all Maryland state law. Members of the ZBA are all volunteers and we are all residents of the city. Members are appointed by the mayor, and those appointments are confirmed by the board of aldermen. Uh the board is comprised of five voting members and one alternate. Also supporting uh us in our work are members from the city staff for everybody's benefit. Uh, I'd like to introduce those individuals who are supporting us uh tonight. Uh we have uh Joe Atkins and Carrie Ann Eiler from the planning department, and we also have uh Stephen Davis with us from the city's legal department. So for tonight's procedures. Tonight's meeting will be conducted virtually due to uh the uh ongoing health emergency in accordance with the governor's uh previous executive orders. Uh members of the ZBA staff and applicants are all attending this meeting remotely. Uh the complete proceedings are being televised on Channel 99 and also are being streamed on the city's website. Even though we are virtual, public comment will still be accepted on each agenda item. Those wishing to make public comment will be asked to call 301 600 1213. Uh during the staff presentation of any item you would like to make comment on. Uh if you didn't get that number, um I know that it's also going to be displayed from time to time on screen, and I will be repeating it probably so many times that uh you will all have it memorized by the conclusion of tonight's meeting. Calls will be answered in the order that they are received and will be transferred to the live feed of the meeting accordingly. Each person wishing to make comp public comment tonight will be asked to state their name and general address, and then they will be sworn in by myself before providing any testimony to the ZBA. For applicants, uh, and we have one uh applicant tonight. Uh, we would ask that you join the meeting uh during the item on the agenda that immediately precedes your item. But seeing that we have the applicant with us tonight, uh, I think that we've got that taken care of. Um we do get to that item on the agenda. Um, I will call for a presentation from the staff and I will ask for the applicant to announce uh their name as well as any members of the team that might be presenting uh this evening. Um at that time, I will read the oath and each member of the team will be asked to state their name and signify aye. Um and then thereafter, anyone who is not speaking, we ask that you please mute your microphones. Um, and then after an agenda item has been voted on, um uh if it's no longer applicable, we ask that you promptly leave the meeting. Uh under these unusual conditions, board members, staff, myself are going to do the very best we can under the circumstances. Um we've done a few of these meetings remotely, uh, there is still a decent probability that we might make some mistakes this evening. If we do so, we appreciate everyone's patience and bearing with us as we work through any difficulties that might happen to arise. So the general order of business for each case before us will be as follows. First, I will call and introduce the case. When I do so, I will conduct a roll call of ZBA members, uh, asking them to each respond with their full name and present so that we have recorded in the record uh that they are here for uh the entire case. Uh second, I will ask for a presentation of the staff report and any staff recommendations. Uh staff members who are presenting will be asked to introduce themselves. Staff members will be sworn in. Staff will enter the report into the official record. Once again, members of the public wishing to give uh public comment on this case would call 301 600 1213 at this time to be put in the queue. Third, ZBA members may question the staff uh as follows. I will conduct a roll call, the CB members to see if they have any questions of the staff concerning the staff report or any recommendations. Each member uh of the ZBA will state their name and respond with any questions they might have, or simply signify that they have no questions at this time. Fourth, I will ask for the presentation of the case by the applicant. Applicant will likewise be asked to state their name and the name of all members of the team presenting for the record. The applicant and the team members will be sworn in. Applicant and all members of the team should respond to the oath by stating their name and saying I do. And then the applicant will be asked to present their case to the ZBA.
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