Zoning Board of Appeals Meeting - August 22, 2023
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Zoning Board of Appeals Meeting - August 22, 2023
The Zoning Board of Appeals of Frederick, Maryland, met on August 22, 2023, at 12:00 PM at City Hall. The board approved a conditional use application for a florist and garden center at 5 West 2nd Street, along with routine consent items. The meeting was open for public comment, but none was offered.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the May 23, 2023 meeting.
- Election of Officers: Postponed; no action taken.
Public Comments & Testimony
- No members of the public provided comment on either general zoning matters or the specific conditional use case.
Discussion Items
- Conditional Use – ZBA23-772CU – 5 West 2nd Street: The applicant, Leanne Thompson (5316 Stone Road, Frederick, MD), sought conditional use approval for a craft supply shop selling pottery, art, garden supplies, flowers, and florist supplies, with educational workshops, in the DBO zone. The building is historically significant. Staff reported that the property is uniquely situated between a busy commercial property (Magoo's and TLC Bridal) and a park (Benita Moss Park), minimizing impact on residences. The Historic Preservation Commission had already approved a facade restoration to the 1907 appearance. The sale of arts, crafts, hobby supplies, and fine art studios are permitted in DBO; the conditional use was needed for florist and garden center uses. Staff recommended unconditional approval, finding the use harmonious with the comprehensive plan, no greater adverse impact than permitted uses, and compliance with Article 813 of the Land Management Code. Board members asked the applicant about the scope of garden supplies (e.g., small plants, potting soil, hand tools for urban gardening), workshops (weekend educational sessions for adults, not a full studio), and the potential for a kiln (electric, possibly off-site). The applicant emphasized the lack of a downtown flower/garden store and the need for local clay supplies for the ceramics community.
Key Outcomes
- Motion: Member Sisson moved to unconditionally approve ZBA23-772CU for a florist/garden center at 5 West 2nd Street, based on the findings of fact presented by staff. The motion was seconded by member Hicks.
- Vote: The motion passed unanimously with 3 votes in favor (Sisson, Hicks, and one additional member; 4 members present but only 3 voted). The chair did not vote. The conditional use was approved without conditions.
- Next Steps: The applicant will proceed with the project, including the facade restoration and store opening. The board noted that the building had been vacant and expressed support for the renovation.
Meeting Transcript
Good evening, everybody. Welcome to the what is it? August 22nd, 2023 meeting of the Zoning Board of Appeals. Before we get started with tonight's cases, I usually like to start off by giving a little bit of background about how we conduct business here at the ZBA and check and just make sure if anybody's got any questions or anything before we get started. It's the responsibility of the zoning board of appeals to authorize on appeal cases in a variance from the terms of the city zoning regulations, or to hear and decide special exceptions to the terms of the zoning regulations or hear and decide appeals of aggrieved parties where it's alleged that there's been an error in an order or requirement or decision made by an administrative officer in the enforcement of the zoning regulations here in the city. We conduct all of our business in accordance with Maryland state law. And the city's land management code, our zoning regulations are part of that Maryland state law. Members of the board were all volunteers, we're all residents of the city. We're appointed by the mayor and our appointments confirmed by the board of aldermen. We're also supported in our activities by members of the city staff who are with us tonight. And then to my far right, and everyone's far left, and I think you guys already have met uh Monica Robbins, uh, who's the planner here with the uh city uh planning department. And then next to her is Mr. Joe Atkins, who is the director of planning for the city of Frederick. Um just to give you a little bit of background on the procedure. I'll call the case. Usually I say somebody give me a wave and let me know that the applicants are here. I'm assuming the applicants are here for our case tonight. Um before we ask any questions uh or hear from you all, though, I'm gonna ask for the staff report um uh from Ms. Robbins. Um she'll summarize the staff report, she'll submit the whole thing into the official record. Um, and then at the end of her staff report, uh, they will provide some recommendations or some findings of fact um related to the case from their perspective. That's one aspect we use in our decision making, but it's not the only uh aspect. We'll then ask for the applicants to see if you have any additional information that you'd like to provide us all, anything you'd like to clarify in the staff report or elaborate on. Members of the board might ask you individual questions about your project at that time. Uh following that kind of back and forth, we'll go ahead and officially ask if there's any public comment. Any member of the of the public uh has the opportunity to comment on any case tonight. You all look like you're all together, so I'm uh uh assuming at least so far, we don't have any members of the public with us yet. Um and then following any public comment that we would happen to have, we kind of ask the applicants if they have any sort of summary information or closing remarks that they'd like to share with us. Um that'll close our testimony part of the case, and then I will ask for a motion from uh the from the members of the board here. Um we have four members with us tonight. Um we need a majority uh for any motion to pass. Uh so that would be three out of our four um current members for any motion that happens to be before us uh to pass. Um things to keep in mind when you do come to the microphone uh tonight um uh if you are speaking uh on behalf of the case, um, we're gonna ask you your name and your address for the record. Um that's because all of tonight's proceedings are recorded because anybody who is aggrieved by a decision that we might happen to make has the right to appeal that up to the circuit court of Maryland that helps keep the record straight and when the judges listen back to the recording and that kind of stuff, keep straight who happens to be you know speaking at any one time from that perspective. Um but I think that's about it. Does that all um make sense for you all? Okay. Um tonight on tonight's agenda, we have a um uh couple of house keeping uh measures that we start off each uh meeting with, and then we'll get to your case uh liquidy split. Um if you're following along on the agenda, that's item number one. That's our call to order and announcements. Item number two is general public comment about zoning in the fret in the city of Frederick, not related to any one of the cases tonight. I'm looking around. Um I don't see anybody who's here necessarily to just give general comment about zoning, but uh anybody, any takers? No. Okay. Um we will move on then to item number three, and that is approval of meetings from the May 23rd, 2023 uh meeting uh here. Members of the board, uh, you have in your packets available to you the minutes from the May 23rd meeting. I will entertain a motion. Mr. Speaker, this is Bob Sisson.
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