Frederick Zoning Board of Appeals Meeting - January 24, 2023
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Frederick Zoning Board of Appeals Meeting - January 24, 2023
The Zoning Board of Appeals met on January 24, 2023, at 7:00 PM at City Hall (101 North Court Street) to consider two applications: a conditional use for an assisted living facility at 228 Thames Drive and a temporary use for an auto repair business at 430 Pine Avenue, along with routine board business. The meeting was broadcast live on Channel 99 and streamed online.
Consent Calendar
- Approval of Minutes: The minutes from the November 22, 2022 meeting were approved unanimously (motion by Bob Sisson, second by Dixon Hicks).
Public Comments & Testimony
- General Public Comment: Kevin Blank (120 Pine Avenue) expressed concerns about potential rezoning near his property, stormwater drainage issues, and the impact of ongoing construction in the area. Staff directed him to the appropriate city contacts.
- Public Testimony on ZBA22-1158TU (Temporary Use): Kevin Blank testified that while he had no issue with Kreitz Auto as a business, he was concerned about increased traffic on Pine Avenue and reckless driving by employees. He noted that the previous county use was unobtrusive, but the current operation has caused disruptions.
Discussion Items
ZBA22-1152CU – Conditional Use, 228 Thames Drive (Assisted Living Facility)
- Staff Report: Joe Adkins presented the staff report recommending approval. The applicant, Rebecca Yaboah, requested a conditional use to operate an assisted living facility with up to seven beds in an existing single-family home on a 6,500 sq. ft. lot zoned R8. The use is permitted as a conditional use under Section 841 of the Land Management Code (LMC). Staff found the proposal met all criteria, including compatibility with the comprehensive plan, no adverse impact on the neighborhood, adequate parking (two spaces provided), and compliance with state licensing requirements. Two conditions were recommended: (1) provide proof of state licensing before a zoning certificate, and (2) development approval expires in two years if not established.
- Applicant Statement: Rebecca Yaboah clarified that the owner, Andrew, will live in the facility as a resident, and caregivers will work in shifts. Parking will be managed by scheduling visitor visits and using the applicant's nearby home for overflow. The property has no HOA.
- Board Questions: Members asked about the lease agreement, parking, and state requirements. Concerns were raised about the lease potentially conflicting with state safety signage requirements. The board noted that the applicant should address this before final inspections.
- Public Comment: None.
- Decision: Motion by Dixon Hicks to approve with the findings of fact and conditions as stated in the staff report. Seconded by Bob Sisson. Vote: 4 in favor (Hicks, Sisson, Aronow, Knapp), 0 opposed. Approved.
ZBA22-1158TU – Temporary Use, 430 Pine Avenue (Auto Repair, Detailing, and Storage)
- Staff Report: Joe Adkins presented the staff report recommending approval. The property is currently zoned Institutional (IST) due to a floating overlay from former county use. The applicant, Kreitz Properties (represented by attorney Bruce Dean and owner Kim Kreitz), requested a temporary use for six months to operate an auto repair and detailing business while a rezoning application to remove the IST overlay is pending. Staff found the temporary use met the 16 criteria of Section 312 and Section 867J of the LMC, noting that the use is similar to the prior county maintenance yard and will not cause adverse impacts.
- Applicant Statement: Bruce Dean explained that the county sold the property after failing to get site plan approval for improvements. The Kreitz family purchased it in December 2022 and intends to use the existing buildings for light auto repair (installing lifts on vehicles), with no body work or painting. Kim Kreitz stated that most traffic will be between their nearby facilities on East Church Street, minimizing impact on Pine Avenue. They plan to make cosmetic improvements only.
- Board Questions: Members asked about the scope of work (no body work or painting), the temporary nature of the permit, and the contingency if the rezoning fails. The board also discussed neighbor concerns about employee driving behavior.
- Public Comment: Kevin Blank reiterated concerns about traffic and employee conduct, urging better control.
- Applicant Rebuttal: Bruce Dean acknowledged the concerns and noted that the neighborhood is changing with the planned Fifth Street extension. Kim Kreitz offered to route traffic via East Church Street and Fifth Street to avoid Pine Avenue as much as possible, and committed to addressing employee behavior.
- Decision: Motion by Bob Sisson to approve with findings of fact and conditions as stated in the staff report, including the requirement for a six-month zoning permit. Seconded by Lawrence Aronow. Vote: 4 in favor (Hicks, Sisson, Aronow, Knapp), 0 opposed. Approved.
Key Outcomes
- Conditional Use Approved (ZBA22-1152CU): The board approved the assisted living facility at 228 Thames Drive with conditions (proof of state licensing, two-year expiration).
- Temporary Use Approved (ZBA22-1158TU): The board approved the six-month temporary use for auto repair at 430 Pine Avenue, contingent on the applicant obtaining a six-month zoning permit. The use will expire if the rezoning is not approved or after six months.
- Election of Officers: Jim Racheff was re-elected as Chair (motion by Lawrence Aronow, seconded by Bob Sisson, unanimous). Lawrence Aronow was elected as Vice Chair (nomination by Bob Sisson, seconded by Stephen Colar, unanimous).
- Acknowledgment of Departing Member: The board thanked Dr. Ying for his service as his term ended.
Note: All votes were 4-0 in favor, with one seat vacant (no abstentions).
Meeting Transcript
Good evening, everybody. Welcome to the January 25th 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 brief background information on the CBA and the procedures we'll be following tonight, just in case uh folks aren't familiar with that. 24th. 24th. Yeah. It's all become one big day since the pandemic to me. 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, and to hear and decide the appeals of agreed parties when it's alleged that there is 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 thereon, which includes the City of Frederick land management code. We conduct all of our responsibilities in accordance with the city's land management code and all applicable Maryland state law. Members of the ZBA here, we 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 Alderman. The board is uh comprised of uh five uh members, and we have a full board with uh with us here tonight. Um the board's also supported in our activity by city staff, just for everybody's uh benefit. Um, I'd like to introduce the folks that are with us tonight. To my far right and to your far left is Mr. Joe Atkins, and he is the um uh manager of the planning department. And to my far left and everybody else's far right is Miss Jennifer uh Van Degarrick, um, and she is the office manager in the planning department, and uh addition to many, many numerous duties, she uh supports the ZBA and our activities. Uh our procedures uh tonight for variances and special exceptions, and that's uh all that we seem to have on the agenda will be as follows. Um I will call the case number. Um if it uh uh is possible, it'd be great if the applicant gave us a little bit of a wave, let us know that uh you're here. Um but I will first ask for the staff report. Uh the staff report will be summarized uh and entered into the rhetoric record. Um at the end of the staff report, the staff may make recommendations regarding the case. Uh that is one element that the board uses in our decision making, but it is not the only element. Following the staff report, I will ask the applicant if they would like to give a statement, if they'd like to add any kind of clarification or additional information that they think might be of use to the board. Um ask that the applicant or uh folks that are here on the applicant's behalf uh questions at that time. Um following that, I will ask if there are any members of the public who would like to give uh comment about tonight's cases. Um any member of the public uh has the opportunity to give public comment on any of the cases that we hear at the zoning board of appeals. Following any public comment that we have, I will ask the applicant once again if they have any summary remarks that they would like to give. Um excuse me. And then uh I will then close our public testimony uh portion of the case. Um I will ask for a motion uh from members of the board. Um, a under our rules of procedure, a majority of uh votes in the affirmative, pass a motion. So three out of five votes uh will pass any motion that's uh before the board. Um just a little note on public testimony. The ZBA welcomes public testimony uh and permits reasonable cross-examination of witnesses uh as required by law. Um anyone who's gonna speak tonight is gonna be asked uh to be sworn in and to ask to give their name and their address for the records. Um that is because any decision made by the zoning board of appeals uh can be uh appealed to Maryland State Court and the judge who would hear that appeal that helps keep the record straight and when the judge reviews the um recording of tonight's proceedings, uh keep straight uh who happens to be speaking at any one time. Um are there any questions about tonight's procedures? Seeing none, um, if you all are following along on your agendas, you'll notice that we've got a couple of housekeeping matters before we get uh to tonight's uh cases to take care of. Uh so if you bear with us for a couple minutes, we'll go ahead and take care of those and then get on with tonight's business. Item number two on our agenda is general public comment uh regarding zoning in the city of Frederick that is not related to tonight's cases. So if anybody happens to be here tonight that just wants to speak about zoning in Frederick in general, now's the opportunity to do so. So if anybody has any general comment about um uh anything related to zoning or the land management code that isn't related to tonight's cases. Sir, if you'd like to come and and speak, you could. Um uh we could have your name and your uh address. Yeah, if you have your name and your address for the record, that'd be great. My name's Kevin Blank and I live at 120 Pine Avenue, Frederick, Maryland. Fantastic. Ms.
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