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.

Anyone who is following along at home or uh with tonight's agenda, that is item number one.

That's our call to order and our general announcements.

Item number two is general public comment.

If we have any members of the public who are present that would like to give general testimony about zoning in the city of Frederick, uh now's the opportunity for anybody to do so.

Going once.

Mr.

Chair.

Yeah, yeah, yeah.

I got two comments I would like to submit.

Oh, yes, please go ahead, Mr.