Good evening, everybody.

Welcome to the December 19th, 2023 meeting of the City of Frederick Zoning Board of Appeals.

Before we get started on tonight's business, I usually like to start off by giving a brief overview about the ZBA, what our authorities are and what our procedures are going to be from tonight, just to make sure everybody's clear on that and make sure that we have those things understood before we go on with tonight's cases.

It is the responsibility of the zoning board of appeals to authorize on appeal in specific cases a variance from the term of the city's zoning regulations, to hear and decide special exemptions to the terms of the zoning regulations, and to hear and decide appeals of agreed parties when it's alleged there's been an error in an order requirement decision or determination made by an administrative officer in the enforcement of the land use article of the annotative code of Maryland or any law that is adopted under that, which happens to be and include the City of Frederick's land management code.

We conduct all our responsibilities in accordance with the city's land management code and all applicable Maryland state law.

Members of the board up here, we are all volunteers, we are all residents of the city.

So five voting members.

So three out of the five voting members will pass any motion.

The board's also supported in our activities by city staff, and so for everybody's benefit, I would like to introduce everyone who happens to be supporting us tonight.

To my very far right and your far left is Ms.

Gabrielle Collard.

She is the division manager for current planning.

And then next to Ms.

Collard is Ms.

Rachel Nissen.

She is the city attorney with the City of Frederick.

And then next to Ms.

Nissan is Monica Robbins, and she is one of the planners here with the planning department in the city.

He is the deputy director for planning in the City of Frederick.

Tonight he is playing the role of Jen Vandegriet, who is the office manager for the planning department, who also supports us in all activities that we happen to conduct.

And so he's pinch hitting for us tonight on the administrative side.

But first, I will ask for the staff report.

It is not the only element that we will consider.

Following the staff report, I will ask the applicant to give a statement during that time.

The applicant may clarify or expand on their application or the staff report or provide the board with additional information that might be useful in our decision making.

Members of the board might ask the applicant, staff, or others' presence questions as that testimony goes on.

Following the applicant's testimony, I will call for any public comment with regard to the case.

Any member of the public may offer public testimony regarding cases before the ZBA.

Following public testimony, I will offer the applicant an opportunity to make any closing statements or address any final uh points that happen to be raised during testimony in tonight's case.

And I will then close the testimony portion of the case that's before us.

As I mentioned, I will then ask for a motion from the board regarding from the case.

Three members out of the five voting members present tonight must vote informative for any motion to pass the board.

The ZBA also welcomes public testimony and prevents reasonable cross-examination of witnesses as required by law.

Any person who wishes to speak or give testimony tonight before the zoning board of appeal will be asked to uh be sworn in.

Um here a little bit later on our agenda.

Um we'll go ahead and do a group swearing uh for anybody present.

Um but if we happen to miss you and you come up to give a statement at the podium, uh we will ask that you um be sworn in before you give any testimony to the board.

Um before is a witness is dismissed.

I'll ask it any parties that wish to cross-examine a witness.

Once recognized by the chair, um uh the person may proceed to the podium.

Um anybody who is going to ask a question of a witness, um, bear in mind cross-examine cross-examinations must be brief and in the form of question.

Um people may only ask questions relevant to the witnesses' testimony.

Repetitive questions, speeches, general or argumentative statements are not permitted.

Um, and there's only one opportunity to cross-examine a witness for each person wishing to ask a question.

Um, once the witness is dismissed, any further cross-examine of that witness uh will have been deemed waive.

Um as a chair, um uh we usually don't have any problems along these lines, but of course, I will make any rulings uh necessary to make sure that the hearing tonight is conducted in an orderly manner.

Um that might include limiting testimony if testimony becomes uh repetitive or argumentative.

Uh let's see here.

Uh lastly, um, when you do uh testify before the zoning board of appeals tonight, anybody wishing to speak, we will ask for your name and your address for the record.

Uh that is because anybody who is a grieved um or disagrees with the decision made by the ZBA has the right to uh appeal our decision to the Circuit Court of Maryland.

Um so all the testimony tonight is considered to be on the record as part of the official proceedings, and having the person's name and address helps identify them for a higher level court who might happen to be reviewing uh any case that's before them.

Any questions on tonight's procedures from anybody?

No.

All right.

Seeing none, we've got a couple of housekeeping uh items on our agenda start off with, uh, and then we'll get on for our cases for tonight.

Anyone following along on the agendas?

That's item number one.

That's our call to order uh and announcements.

Uh that brings us to item number two, which is general public comment related to zoning in the city of Frederick, not related to one of tonight's cases.

Uh, every once in a blue moon, somebody shows up and they want to give some input on zoning in the city, and this is an opportunity for members of the public to just give general comment.