Zoning Board of Appeals Meeting Summary - March 28, 2023
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Zoning Board of Appeals Meeting - March 28, 2023
The City of Frederick Zoning Board of Appeals met on Tuesday, March 28, 2023, at 7:00 p.m. at City Hall, 101 North Court Street. The board conducted one public hearing on a conditional use application for extended entertainment hours at a restaurant located at 1315 West Patrick Street. All five voting members were present; a simple majority of three votes was required for decisions.
Consent Calendar
- Approval of minutes: The board approved the January 24, 2023 meeting minutes by voice vote with no opposition. Note: The agenda listed the minutes as "January 24, 2022," but the chair corrected this to January 24, 2023 during the meeting.
Public Comments & Testimony
- No members of the public provided comment during the General Public Comment period.
- No public testimony was offered during the conditional use hearing.
Discussion Items
- ZBA23-103CU — 1315 W Patrick Street: The applicant, Jose Domingo Lopez, manager of the business, requested conditional use approval for entertainment (bands and small DJs) primarily on Friday, Saturday, and Sunday evenings from 10:00 p.m. to 1:30 a.m., with special occasions during the week. The property, located in the former Carrabba's space on the Golden Mile, is zoned General Commercial with a Highway Noise Overlay.
- Staff report: Planner Monica Robyns stated the application met all requirements of Sections 308(D) and 823 of the Land Management Code and recommended conditional approval.
- Applicant testimony: Mr. Lopez testified that he has been in the restaurant business since 2015, previously operating a nightclub in Montgomery County that closed during the pandemic. He stated the business opened at the current location in September 2022. In response to board questions, he described plans to hire six or seven security staff and an off-duty police officer for live music events, and to tell intoxicated customers to use ride-sharing services.
- Board discussion: Members asked about security measures and the viability of entertainment hours. Board members noted the site is far from residences and expressed support for revitalizing the Golden Mile. The board also discussed that the conditional use is location-specific and requires posting of the zoning certificate.
- Items Added to Agenda — Completed Zoning Determinations: Staff reported 19 zoning determinations completed, including ZBA22-1147ZD (1150-1151 Orchard Terrace), ZBA22-1163ZD (357-359 W Patrick Street), ZBA23-46ZD (811 E South Street), ZBA23-58ZD (Gateway East Plaza Land Condo Unit 2), ZBA23-61ZD (4 N Market Street), ZBA23-78ZD (7630 Hayward Road), ZBA23-93ZD (300 E Patrick Street), ZBA23-98ZD (10 S Market Street), ZBA23-100ZD (17-19 N Market Street), ZBA23-101ZD (11-13 E Patrick Street), ZBA23-102ZD (24-26 E Patrick Street), ZBA23-116ZD (100-102 E Patrick Street), ZBA23-124ZD (116-118 E Patrick Street), ZBA23-125ZD (37-39 N Market Street), ZBA23-126ZD (213-215 N Market Street), ZBA23-231ZD (200-217 Pomegranate Lane), ZBA23-232ZD (251-263 Armenian Oak Drive), ZBA23-233ZD (2928-2932 Osprey Way), and ZBA23-234ZD (7919-7935 Worman's Mill Road). These were noted for the record; no action was taken.
Key Outcomes
- Motion: Mr. Hicks moved to approve ZBA23-103CU with findings of fact and conditions; Mr. Aronow seconded.
- Vote: The board voted 4–0 in favor (members voting yes: Aronow, Sisson, Hicks, and Colar [listed as "Knapp" in the transcript]). The conditional use was approved.
- Conditions of approval: (1) The applicant must apply for and receive a new zoning certificate expanding restaurant hours within two years, or the approval becomes void; (2) the applicant must properly post the property in accordance with Section 856(F)(2); and (3) entertainment must cease at 1:30 a.m. per Frederick County Liquor Board policies.
- Next steps: Staff will assist the applicant with updating the zoning certificate and required paperwork. No further business was conducted, and the meeting adjourned.
Meeting Transcript
2023 meeting of the City of Frederick Zoning Board of Appeals. Before I get started tonight, I'll give a little bit of brief background on the zoning board of appeals, kind of about our procedures and processes tonight. So it's the responsibility of the zoning board of appeals to authorize on appeal specific cases, variants from the terms of the city's regulations to hear and decide special exemptions to the terms of the zoning regulations. Members of the board here are all volunteers. We're all residents of the city. Board is comprised of uh five voting members tonight. And we have uh everybody here with us uh this evening. Um procedure for tonight's cases. Um I'll call the case by the number. Um and uh I have a feeling you guys are here for the case tonight. So usually I say give me a wave, but I have a feeling that that's what you're here for. Um I'll then ask for the staff report. Um uh the staff will summarize or read the staff report into the record, and then at the end of the staff report, they'll give a recommendation uh regarding the case. Um that recommendation is one element that we'll use in our decision making, but it's not the only one. Um so following the staff report, we're gonna ask if the applicants have any additional information that they'd like to share with us uh to help us with our decision making. Members of the board might ask you questions related uh to the case and you know any specifics that they might have. Um under normal circumstances, I would say um after that part, we will ask if anybody would like to give public comment because the public can also give some input, but at least so far, we don't have anybody else with us uh this evening. Um and then following any public comment, we'll see if uh you all as applicants have any last words uh for us as a member of the board. Um we'll then close the public testimony uh portion of the meeting and I'll call for a vote from uh uh for uh or I'll call for a motion on the case from the board members. Um uh we need a simple majority to pass any motion. So three out of the five um members who are present here tonight um will constitute um uh a um uh majority and pass any particular motion. Any questions about the procedures? When um we do uh ask um for you to have testimony, we'll ask your name and your address for the record um just so that it goes um into the official record. Uh the reason for that is that anybody who is uh aggrieved or disagrees with a decision that uh we make here on the zoning board of appeals, they all have the right to appeal that decision uh to the Maryland Circuit Court. And so that way the judge has a complete record, and when they're listening back to the tape, it helps them figure out who's speaking at any one time from that perspective. So we've got a couple of housekeeping matters on the appin on the um uh on the agenda for us to hit um here before we get started. Um uh number two is general public comment about zoning in the city of Frederick. So if somebody happens to be here, not about uh one of tonight's cases. Um uh this is an opportunity for them to give some general comment if they have any input about zoning, but I'm uh uh not seeing anybody here that's not associated with a case. Uh so then we'll get to item number three, um, approval of the minutes. Um members of the board, you have before you the GNU 24th, 2022 meeting minutes. I will uh that should be January 24th, 2023 meeting minutes. Um, and I'll entertain a motion. We have a motion to approve. Do we have a second? Second. We have a second. Uh any further discussion of the motion. Seeing none, all those in favor signify by saying aye. Aye. Any opposed? Any abstained? And the meeting minutes from January 24th, 2023 are approved as written. Item number four on our agenda is swearing in of witnesses. Um so just like we see on TV, um, we all are gonna um uh anybody who is planning on speaking tonight, we're gonna ask them uh to go ahead and take uh an oath um uh as a witness. So if anybody who's planning on speaking could please raise your right hand. Um do you solemnly swear or affirm that the responses given in the statements made in this hearing before the zoning port of appeals will be the whole truth and nothing but the truth, if so, answer I do. Thank you all. All right, uh for anyone following at home, that brings us to item number five, which is our continuances. Um previous cases that might have been continued to this month, but we don't have any of those.
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