Frederick Zoning Board of Appeals Meeting - September 27, 2022
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Frederick Zoning Board of Appeals Meeting - September 27, 2022
The City of Frederick Zoning Board of Appeals met on September 27, 2022, at 7:00 PM at City Hall. The board considered one new business item: a temporary use request due to a fire at a local business. The meeting included approval of previous minutes, a continuance, and a unanimous vote to approve the temporary use with conditions.
Consent Calendar
- Call to Order and Announcements: No announcements were made.
- General Public Comment: None.
- Approval of Minutes: The board unanimously approved the June 28, 2022, meeting minutes as written (motion by Bob Sisson, seconded by Lawrence Aronow, vote 4-0).
- Continuances: ZBA22-806CU (Conditional Use, 137 N. Market Street) was continued to the October 25, 2022, hearing because public notice requirements were not fully met.
Discussion Items
- ZBA22-886TU – Temporary Use, 11 Byte Court: The applicant, Scott Wiles, representing Potomac Town Carpet, requested a temporary use approval to operate a floor coverings sales establishment at 11 Byte Court, which is zoned Light Industrial (M1) where that use is not normally permitted. The request stemmed from a fire on September 9, 2022, at their primary location at 918 East Street (zoned General Commercial). The temporary space would allow them to continue operations while their main location is being renovated. The applicant stated the use would be low-traffic (estimated up to 15 customers per day, mostly by appointment), and no new construction is involved. Staff recommended approval with conditions, noting the use would not generate significant additional noise, odor, dust, or traffic, and is compatible with the surrounding area. No public comment was offered.
Key Outcomes
- Vote: The board approved ZBA22-886TU unanimously (4-0) with the following findings and conditions:
- The property use does not conform to the M1 zoning code, but Section 867 of the Land Management Code (LMC) allows the ZBA to authorize temporary uses.
- The proposed use is temporary and does not involve new construction.
- The use will not adversely affect public health, safety, security, morals, or general welfare, and will not create dangerous traffic conditions or jeopardize life or property.
- Conditions: The applicant must apply for and receive a six-month zoning permit to supplement the previously approved permit for the floor covering sales and service use. At the end of that six-month period, the applicant may request up to two additional six-month extensions from the Planning Division, for a total possible approval of 18 months.
- Board Business: The board welcomed Garrett Knapp as a new alternate member; this was his first official meeting.
- Adjournment: The meeting adjourned until the next scheduled meeting in October 2022.
Meeting Transcript
Good evening, everybody. Welcome to the November 27th, 2022 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's uh business, I'd like to give a little bit of brief background about the ZBA and the work that we do for the benefit of anybody who hasn't been here before, but you know, also in case somebody happens to be watching uh from home this evening uh as well. It's 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 appeals of aggrieved parties when there's alleged that there's been an error in any order requirement decision determination made by an administrative officer in the enforcement of the zoning regulations or the land management code um or any law adopted under the land use article of the annotated code of Maryland, which does include our land management code here in the city of Frederick. Um we conduct our responsibilities in accordance with the city's land management code and all applicable Maryland state law. Members of the board are all volunteers and we're all residents of the city. We are appointed by the mayor, and our appointments are confirmed by the board of aldermen. Uh we need three members to constitute a quorum this evening. We have four members, so we have a quorum, and we can conduct business uh here tonight. Um in addition, the board's also supported in our activities by members of uh the city staff. Um for everyone's benefit, I'd like to introduce those folks uh tonight in case you haven't met them already. Uh to my right and your left is Ms. Gabrielle Collard. She is the division manager of current planning for the City of Frederick. And then to my left and your right is Ms. Jennifer Vandegreek, uh and she's office manager with the planning department. And in addition to tons and tons and tons of responsibilities, she also supports the ZBA in uh our work here for the city. Um just to give you a little bit of background on the procedures for tonight's uh cases. Um we'll go ahead and call the case number. I normally say if the applicant is present, give me a wave. We have one case. I believe we have the applicant here tonight, so um, we can consider that part uh taken care of. Um and then I will ask for the staff report. And Ms. Collard will uh summarize or go through the city's staff report. Um at the end of that staff report, she may have a recommendation or recommendations from uh staff's perspective. That's one item that we consider in our decision making, but it's not the only uh item. Uh following the staff report, I'll ask the applicants if they would like to give a presentation or um uh give us some additional information, make a statement to either um expand on maybe what was in the staff report or clarify anything or give the board any information you might think might be helpful in our decision making. Um you all uh are um given a presentation. Um following that, I will then ask if we have any public comment regarding the case. Um any member of the public is welcome to give uh public comment concerning any business that's conducted before us here at the ZBA. Um so we will see if anybody else wants to come and speak regarding the case. Um following all of that, I will once again go back to the applicant and see if there's any closing remarks that the applicant would like to share with us. Um and then that will kind of close the testimony section of our case. Um following that, I will ask for a motion from members of the board. Um the members of the board um uh will uh propose um a motion or a series of motions regarding the case, and then we might have some discussion up here amongst ourselves uh as we try to um uh discuss and finalize what those motions might be. Um we typically have five members of the board. We have four here tonight. Um, a majority of um members voting in the affirmative passes any motion. So tonight, three out of four uh votes will pass any motion that's before the board. Do we have any questions? All right, all right, fantastic. We have a couple of little uh housekeeping matters uh uh that uh start with our agenda. Um one is call to order and any announcements that we might have. Ms. Collard, any announcements while we're at that point? We do not have any announcements this evening. Yeah. All right. Um uh number two is general public comment.
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