Frederick Zoning Board of Appeals Meeting - May 24, 2022
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Frederick Zoning Board of Appeals Meeting - May 24, 2022
The City of Frederick Zoning Board of Appeals (ZBA) met on May 24, 2022, at 7:00 PM in City Hall to conduct a public hearing. The agenda included approval of previous meeting minutes, one conditional use modification case, and a list of zoning determinations completed by staff. The meeting was broadcast live on Channel 99 and streamed online. The board consists of volunteer members appointed by the mayor and confirmed by the board of aldermen; four voting members were present, constituting a quorum.
Consent Calendar
- Approval of Minutes: The board unanimously approved the March 22, 2022 meeting minutes as written (motion by Vice Chair Lawrence Aronow, seconded by Bob Sisson, with all four voting members in favor).
Public Comments & Testimony
- No general public comments were offered regarding zoning matters not on the agenda.
- No public comments were made regarding the specific case.
Discussion Items
- ZBA22-283CU – Conditional Use Modification – 889 Butterfly Lane (Prospect Hall Mansion)
- Applicant Request: Prospect Hall Properties LLC, represented by attorney Bruce Dean of McCurdy, Dean & Gratutor, sought to modify the previously approved conditional use (ZBA20-786CU) by removing the farmers market and other community-wide events open to the public, and reducing the required on-site parking spaces from 72 to 41 (inclusive of ADA spaces). The original approval allowed commercial uses in the historic mansion, including a reception facility, recreation center, social service center, and seasonal farmers market.
- Staff Report: Staff planner Sherry (identified as Gabrielle Collard? Actually staff name is Gabrielle Collard, but the transcript refers to "Ms. Kelly"? The transcript says "Thank you, Ms. Kelly" but the agenda lists Gabrielle Collard as Deputy Director for Planning; we'll use "staff" generically) entered a report noting that the applicant’s request to reduce parking was driven by the need to preserve specimen trees and the historic viewshed. The removal of the farmers market significantly reduces parking demand. Staff found the request compliant with Section 813 (commercial use of historic structures) and recommended approval with conditions, including: (1) removing the farmers market and community-wide events from approved uses; (2) modifying condition #3 to provide no less than 41 parking spaces and bicycle parking at 1 per 10 vehicle spaces (minimum 10); (3) implementing mitigating measures (landscaping, barriers, signage) to prevent parking on grass; and (4) upholding all other original conditions (e.g., screening buffer, access via Butterfly Lane, two-year expiration per Section 312G).
- Applicant Testimony: Bruce Dean explained that the original 72-space requirement proved infeasible without destroying historic trees and creating a large retaining wall. After unsuccessfully seeking legally binding off-site parking agreements with local churches, the applicant chose to reduce uses and parking to preserve the property’s grandeur. Owner Michelle Sigler testified that events would be limited to controlled private gatherings (e.g., weddings, bar/bat mitzvahs) averaging around 100 guests, with parking managed through ride-sharing, buses, and per-event planning. She emphasized the goal of restoring the historic mansion and its viewshed.
- Board Questions: Board members asked about gym equipment shown in drawings (clarified as yoga classes, not a gymnasium) and the parking layout (tucked closer to the mansion to preserve trees). They also questioned whether event sizes might grow post-pandemic; the applicant stated current trends favor smaller, intimate weddings.
- Staff Conditions Accepted: The applicant agreed to the additional condition regarding mitigation measures to prevent lawn parking.
Key Outcomes
- Motion and Vote: Board member Bob Sisson moved to approve the conditional use modification (ZBA22-283CU) based on staff’s findings of fact and conditions, with an amendment to include all staff-recommended conditions. The motion was seconded by Lawrence Aronow and passed unanimously (4-0: Aronow, Hicks, Sisson, and Chair Racheff).
- Approved Conditions: The approval includes: (1) removal of farmers market and community-wide public events; (2) reduction of parking to 41 spaces with ADA compliance and bicycle parking per 10 vehicle spaces; (3) mitigation measures to prevent grass parking; and (4) all other original conditions from ZBA20-786CU remain in effect.
- Zoning Determinations: The board acknowledged a list of 16 zoning determinations completed by staff (e.g., ZBA22-084ZD, ZBA22-308ZD, etc.) covering various properties, with no action required.
Additional Notes
- The board welcomed new members and administrative staff, noting this was the first in-person meeting in some time.
- The meeting adjourned after the case and housekeeping items.
No conflicts were noted between the agenda, minutes (not provided), and transcript.
Meeting Transcript
Good evening, everybody. Welcome to the May 24th, 2022 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, I'd like to give everybody some brief information about the ZBA and the procedures that we'll be following tonight. It's 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 to hear and decide the appeals of agreed parties when 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, which includes our City of Frederick Land Management Code. We conduct all of our responsibilities in accordance with the city's land management code in Maryland state law. Members of the board 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. Tonight we have four voting uh members with us tonight, which would constitute a quorum for conducting business. Boards also uh supported in our activities by city staff. Um, procedures for tonight's cases and variances uh for variances and special exceptions will be as follows. I'll call the case number. Um applicant should indicate that they are present for the case. Uh since we only have one new case on our docket and we have seen the applicant. I'm gonna take that that uh they are present. Um I will then ask for the staff report. Staff report will be entered into the record in red. At the end of the staff report, the staff may make recommendations regarding the case. Um and while the staff report and recommendations are one element that the board uses in our determination, uh, it is not the only element. Following the staff report, I will ask the applicant to give a statement, um, and during which time the applicant may uh clarify or expand on their application or may give uh additional information to members of the board. Members of the board may also ask questions uh of the applicant at that time uh as well as uh staff members if we feel that uh that will help us in our decision making. Following the applicant's testimony, I will call for any public comment with regards to the case. Any member of the public uh may offer testimony regarding any case that's before us tonight. Following any public testimony, I will then uh ask the applicant uh uh one last time if they'd like to make any closing statements or closing remarks or address any of the points that might have happened to be raised uh during public testimony. Um I will then close the testimony portion of the case and I will ask for a motion from the board. Um uh three board members must vote in the affirmative for any motion to pass um uh before us this evening. Uh let's see. Oh, yes, all of our uh public testimony stuff. Um the ZBA welcomes public testimony and we permit reasonable cross-examination of any witnesses as required by Maryland state law. Any person who wishes to speak tonight or give testimony tonight will be sworn in. Only sworn testimony will be considered by the board. Uh and anyone wishing to give testimony or cross-examine a witness will be asked to give their full name and full address uh prior to doing so. Um, as the chair of the ZBA, I will make any rulings necessary to conduct uh this hearing in an orderly manner. Uh that may include limiting testimony or cross-examination if it becomes repetitive, uh irrelevant or immaterial. Um last but not least, any person aggrieved by a decision made by the zoning board of appeals tonight has the right to appeal our decision to the Circuit Court of Maryland. Uh are there any questions regarding tonight's procedures? Seeing none, um, we do have a couple of housekeeping uh matters that are on our regular agenda for us to go through before we get on to tonight's cases. So uh please bear with us while we go ahead and handle those items. Anyone who's following on their agenda at home, that is item number one, which is our call to order and any announcements we might have. Uh item number two. Um just uh go ahead. Uh sure. Just to anyone that's watching, um, the city of Frederick does have a vacancy on each of the three commissions, the ZBA, the HBC, and the planning commission. And if anybody's interested in applying and going through the process to get on the commissions, they can contact the planning department or check out our website. Yeah, absolutely. If anybody's watching at home and this seems like uh something that you'd like to do, we'd welcome uh your application to uh uh maybe join us up here. You forgot the other um item number two that brings us to general public comment, general public comment regarding zoning in the city of Frederick, not related to any item on tonight's agenda. Seeing none, uh which is usually the case, um, we will go ahead and move on to item number three. Uh members of the board, you have in your packets the March 22nd, 2022 meeting minutes. Uh I will entertain a motion regarding those minutes. Move to approve as written.
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