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.
No conflicts were noted between the agenda, minutes (not provided), and 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.