Zoning Board of Appeals Approves Brewery Conditional Use on June 28, 2022
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Zoning Board of Appeals Meeting Summary - June 28, 2022
The Zoning Board of Appeals (ZBA) of the City of Frederick met on Tuesday, June 28, 2022, at 7:00 PM at City Hall, 101 North Court Street. The meeting was broadcast live on Channel 99 and streamed online. The board approved the May 24, 2022 meeting minutes and conducted a public hearing on a conditional use application for a brewery. After hearing testimony, the board voted unanimously to approve the application.
Call to Order and Announcements
- Chair Jim Racheff called the meeting to order and provided an overview of ZBA procedures.
- Mr. Atkins announced vacancies on the Planning Commission and Historic Preservation Commission, and the Maryland Planning Commission Association's annual training session scheduled for October 25-26, 2022, in Frederick.
Approval of Minutes
- The May 24, 2022 meeting minutes were approved as written by a motion from Bob Sisson, seconded by Lawrence Aronow, with all members voting in favor.
Public Comments & Testimony
- No general public comment was received.
- No public testimony was offered regarding the conditional use case.
Discussion Items
- ZBA22-484CU – Conditional Use for a Brewery at 8411 Broadband Drive. The applicant requested approval to establish a brewery with retail sales, a tasting room, and food and beverage service in the Mixed-Use Employment (MXE) zoning district at Riverside Corporate Park. Staff from the Planning Department presented a report recommending approval. The transcript identifies the staff presenter as "Ms. Kelly," while the agenda lists Gabrielle Collard, Deputy Director for Planning; this discrepancy is noted.
- Applicant representatives, including attorney Dave Severn, Danny Severn of St. John Properties, and Paul Tinney of Rockwell Brewery, testified in support. They noted the brewery would relocate from a smaller East Street location to the larger facility, and that the use is compatible with the mixed-use park and the city's comprehensive plan, which encourages the craft beverage industry.
- Board members asked questions about entertainment hours, parking adequacy, and site access. One member expressed minor concern about the entrance on Broadband Drive. Staff suggested a possible condition limiting entertainment to midnight, but the final motion did not include that condition.
Key Outcomes
- The board unanimously approved (4-0) the conditional use for the brewery at 8411 Broadband Drive, with retail sales, tasting room, and food and beverage service. The motion was made by Dixon Hicks, seconded by Lawrence Aronow, and passed with all four present members voting in favor.
- The approval was based on findings of fact that the brewery is complementary to other non-residential uses in the area and complies with the Land Management Code, including Section 857.
- Zoning determinations completed: ZBA22-559ZD (1513 Tilco Drive) and ZBA22-547ZD (1305 W 7th Street).
Meeting Transcript
Are we ready? Everybody set? All right. Let's go ahead and uh get going. All right. If it's all right with Mr. Arnold. Good evening, everybody. Welcome to the Tuesday, June 28th, 2022 meeting of the Zoning Board of Appeals for the City of Frederick. Before we get to tonight, started on tonight's business. I always like to do a little background and brief information about the ZBA and our procedures tonight for the benefit of anybody in the audience who isn't familiar with our work or anybody who happens to be watching at home. It is the responsibility of the zoning board of appeals to authorize on appeal in specific cases, a 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 aggrieved parties when it's alleged that there has been an error in any order requirement decision or determination made by the administrative officer in the enforcement of Division One of the land use article of the annotated code of Maryland or any law adopted under that uh division, which includes the City of Fredericks Land Management Code here tonight. We conduct these responsibilities in accordance with the city's land management code and all 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 our appointments are confirmed by the board of aldermen. The board is comprised of five voting uh members. Um, and we are also supported in our work by city staff. Um procedures for tonight's cases for various for variances and special exceptions will be as followed. Um I will call the case number. The applicant should indicate that they are present, seeing that we only have one matter of new business, and uh I think that I see applicants in the audience. I think that our applicant uh is here. Um I will then ask for the staff report. Um the staff report will be entered into the record in read, and at the end of the staff report, the staff may make it a recommendation regarding uh tonight's case. Um that is one element that the board uses in our decision making, but it of course is not the only element. Following the staff uh report, I will ask the applicant if they would like to give a presentation, give us any additional information, expand on any points that happen to be in the staff report, possibly answer questions from members of the board. Um following the applicant's testimony, we will ask if we have anybody who happens to be present tonight that would like to give uh public comment regarding uh the case that's before us. Uh any member of the public is uh has the right to be able to give testimony here before the ZBA concerning the cases that we are going to hear. And then following any public testimony that we might happen to have, um I'll ask the applicants if they have any closing remarks. That'll conclude our testimony section of the case. I will then call for a motion uh from the board regarding the case. Um a simple majority of the members present will pass a motion uh here with the board of appeals. Um are there any questions about the procedures for tonight? I see some old hands in the room, so I think that we're probably okay. Um just to make it uh clear for the record, the ZBA welcomes public testimony, and we permit reasonable cross-examination of witnesses as required by state law. Any person who wishes to speak or give testimony will be sworn in before the board. Umly sworn by testimony is considered by the board in our decision making, and anyone would be willing to give testimony or cross-examine a witness will be asked to give their full name and their full address prior to giving us any comments or asking any questions. Um before a witness is dismissed. I will ask if there are any parties present that wish to cross-examine the wish witness. And once recognized by the chair, um uh I will ask uh anybody wishing to do so to come to the podium. Um bear in mind that anybody who is cross-examining a witness, um all cross-examination must be brief and in the form of a question. Um, somebody may only ask questions that are relevant to the witness's testimony. Um, repetitive questions or speeches or general and argumentative statements uh will not be permitted by myself. Um there's only one opportunity to cross-examine a witness for each per person wishing to ask questions. Um, and once a witness is dismissed, any further cross examine of that witness will be deemed to be waived. I'm not anticipating that we're going to have a tremendous amount of Perry Mason style cross-examination happening. But of course, as a chair, I will make any rulings necessary to conduct the hearing in an orderly manner. Any questions about that stuff? Like I said, my guess is it won't come up tonight. But it looks like we're okay. All right.
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