Zoning Board of Appeals Meeting - November 22, 2022
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Zoning Board of Appeals Meeting - November 22, 2022
The City of Frederick Zoning Board of Appeals (ZBA) held its regular meeting on November 22, 2022, at 7:00 PM at City Hall. The board considered three conditional use applications and approved the 2023-2024 ZBA deadline schedule. All decisions were made with three affirmative votes (members present: Racheff, Aronow, Sisson, Hicks; quorum of four).
Consent Calendar
- Approval of Minutes: The minutes from the September 27, 2022 meeting were approved unanimously without discussion.
Public Comments & Testimony
- No general public comment was offered, and no public testimony was given on any of the three new business items.
Discussion Items
ZBA22-943CU – Small Child Care Center at 2212 Banner Hill Road
- Applicant: Melissa Moore, 2212 Banner Hill Road, proposed a small child care center for up to 11 children in a single-family home in the Whittier Planned Neighborhood Development (R4 zoning).
- Staff Report: Gabrielle Collard summarized that the use meets the criteria of the Land Management Code (LMC) and the 2020 Comprehensive Plan. The lot size (0.26 acres) allows up to 11 children per Section 811 D4. One non-resident employee will park in the garage. No other child care centers within 500 feet.
- Applicant's Position: Moore expressed full support for the project, citing a 50% shortage of child care in Maryland post-pandemic and her decade of experience. She stated she will resign as a center director once licensed.
- Board Questions: Addressed parking concerns (neighbor emails about contractor parking) and noise. Applicant confirmed no signage and staggered drop-off/pick-up.
- Vote: Motion by Dixon Hicks, second by Lawrence Aronow. Approved 3-0 (Sisson, Aronow, Hicks in favor). Conditions: limit to 11 children, provide state license, obtain zoning certificate within two years.
ZBA22-806CU – Expand Live Entertainment Hours at 137 N. Market Street (Agave Restaurant)
- Applicant: Richard Bellis and manager Amber Stahl requested to expand entertainment hours to 4:00 PM – 1:30 AM, seven days a week (but stated they would not use all days). The property already had a conditional use for entertainment from a prior restaurant (Olives) with restrictions (10 PM Sunday-Thursday, 1 AM Friday-Saturday).
- Staff Report: Sherry Kelly noted that the DB zone permits flexible uses. The restaurant must remain a "restaurant general" (food receipts > alcohol receipts). The applicant could not yet provide receipts. Staff recommended approval with conditions: entertainment must cease at 1:30 AM per liquor board, and the applicant must provide revenue records within 90 days and quarterly for one year.
- Applicant's Position: Bellis and Stahl emphasized their professional management (30 years combined experience), strict security protocols (off-duty state police, ID scanners, linked security with sister restaurant Cellar Door), and a target audience of ages 35-40 to minimize disturbances. They stated they close at 1:45 AM, with last call at 1:15 AM.
- Board Questions: Discussed past police calls at the location (nuisance complaints under previous owner) and the difference between 1:00 AM and 1:30 AM closing times. The applicant assured they have not had complaints since taking over Cellar Door and have soundproofed the ceiling.
- Vote: Motion by Bob Sisson, second by Lawrence Aronow. Approved 3-0 (Sisson, Aronow, Hicks in favor). Conditions: (1) zoning certificate within two years, (2) proper posting, (3) provide revenue records within 90 days and quarterly for one year, (4) entertainment must cease at 1:30 AM.
ZBA22-895CU – Convert Ground Floor to Residential at 358 W. Patrick Street
- Applicant: Sam Shi proposed converting the rear third of the ground floor and the entire second floor of a vacant commercial building into five residential units (later clarified as four apartments upstairs, one on ground floor). The front two-thirds of the ground floor would remain commercial. The building was converted to 100% commercial in 2005 and has been vacant for nearly two decades.
- Staff Report: Sharon Kemper Suarez stated that the DB zone encourages mixed-use, and the conversion is consistent with the Comprehensive Plan. The long-term vacancy demonstrates the commercial-only use is not viable. Parking is adequate.
- Applicant's Position: Shi expressed support for the project, noting the building's prolonged vacancy and the market demand for apartments.
- Board Questions: Lawrence Aronow asked about the floor plan—Shi clarified that the enclosed porch area will be an apartment, making four units upstairs, not five. The board thanked the applicant for addressing blight.
- Vote: Motion by Lawrence Aronow, second by Bob Sisson. Approved 3-0 (Sisson, Aronow, Hicks in favor).
Board Business: Approval of 2023-2024 ZBA Deadline Schedule
- The proposed schedule was presented by Gabrielle Collard. It follows the same rhythm as previous years. The board approved it unanimously.
Key Outcomes
- ZBA22-943CU: Approved with conditions (max 11 children, state license, zoning certificate).
- ZBA22-806CU: Approved with conditions (1:30 AM entertainment end, revenue records, zoning certificate).
- ZBA22-895CU: Approved with no additional conditions beyond standard requirements.
- 2023-2024 ZBA Deadline Schedule: Approved unanimously.
- The meeting adjourned with wishes for a safe Thanksgiving and holiday season.
Meeting Transcript
Good evening, everybody. Welcome to the November 22nd, 2022 meeting of the City of Frederick Zoning Board of Appeals. Before we get started on tonight's business, I always like to give a little bit of brief information about the ZBA and kind of go over the procedures that we're gonna be uh following tonight. Um a lot of folks aren't always familiar with what it is uh that uh we're charged with doing. Um 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 zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, and to hear and decide appeals of agreed parties when there'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 there under, um, which includes the City of Frederick Land Management Code. Um we conduct all our responsibilities in accordance with the city's land management code and all uh applicable Maryland state law. Uh members of the board, we are all volunteers, we are all residents of the city. We are appointed by the mayor, and our appointments are confirmed by the board of aldermen. Um four members of the board of zoning appeals uh constitutes a quorum, and we have four uh members tonight. Um so uh we can go forward with our agenda and conduct uh business. Um board is also supported in our activities by city staff, and just for everybody's benefit, I'd like to quickly introduce uh those folks uh here tonight. Um to my far right, everybody else is far left is Ms. Gabrielle Collard. Uh she is the division manager of current planning. Um in the audience, we have Ms. Sharon, uh Ms. Sherry Kelly and Ms. Sharon uh Suez from the planning department who will be presenting on uh some of our cases tonight. And then to my far left and everyone's far right uh is Mr. Joe Atkins uh and he is the director of the planning department here with the city of Frederick. Um and as you can tell, many other duties as assigned, he'll be supporting us uh this evening as well. Just to give you all a little bit of background on our procedures for tonight's cases. Um procedures for variants and special exceptions, which is what we have on our agenda for tonight, um, will go as follows. I'll call the case by number. If at that time the applicant is with us tonight, if you could just give me a small wave so that I know uh that you're uh here, uh that would be great. Um, but first I'm going to ask for the staff for their staff report. Um the staff report will be entered into the record in red. And at the end of the staff report, the staff may make recommendations regarding the case. Um the staff report and any staff recommendations is one item that we consider in our decision making, but it's not the only item. Uh following the staff report, I'll ask the applicant to come to the podium here. Um, we'll ask your name and your address uh for the record, and then we'll ask if you have any information that you would like to share with the board. If you'd like to clarify anything that was in the staff report or you'd like to give us any additional information, members of the board might ask the applicant questions uh at that time. Um following uh that kind of back and forth between the applicant and the members of the board, um, we will then see if there are any members of the general public who would like to give any testimony on tonight's cases. Um anybody uh uh who wishes is free to give sworn testimony to the board of zoning appeals. Um, and so uh we'll check and see if anybody would like to do that. Following any public testimony that we have, I'll ask the applicant to return to the podium uh and we'll see if there's any kind of closing uh remarks or any clarifications that uh the applicant would like to share before the board deliberates. Um the board members might ask clarifying questions at that time as well. I'll then close the public testimony portion of the case, and I will call for a motion uh from the board. Um just so for everyone's edification. Uh we need three out of four votes tonight to pass any uh motion, so a simple majority will pass uh any motion that we have. Um are there any questions from anybody about tonight's procedures? No, and we're a pretty friendly group, so if uh don't uh uh uh feel stressed. If a question comes up uh during uh the case, uh we'll easily work through it. Um before we get call uh started on tonight's uh agenda. We have a couple general housekeeping items on uh our agenda that we'll go get it go ahead through. Um if you're following along uh here from the audience or at home, this is item one. This is our call to order and any announcements we have. The second item under our agenda is general public comment, not related to any of the specific cases tonight. So if anybody is here tonight to give some general comment regarding zoning in the city of Frederick, now is the time on our agenda that we have for that. Usually not the case that we do, but every once in a while someone surprises me.
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