Frederick Zoning Board of Appeals Meeting - August 27, 2024
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Frederick Zoning Board of Appeals Meeting – August 27, 2024
The Zoning Board of Appeals held its regular meeting on Tuesday, August 27, 2024, at 7:00 PM at City Hall. The board considered a single conditional-use application for accessory retail sales at 550 Highland Street, located in the M1 Light Industrial District. The meeting included administrative approvals, staff presentations, applicant testimony, and a unanimous vote to approve the request.
Consent Calendar
- The board unanimously approved the minutes from the July 23, 2024 meeting as written.
Public Comments & Testimony
- No members of the public provided general comment or testimony related to this evening’s case.
Discussion Items
- ZBA24-7CU – Conditional Use, 550 Highland Street: The applicant, Canapas (represented by counsel from Adams PAL LLC), sought conditional use approval under Section 812(e) of the Land Management Code (LMC) to allow accessory retail sales of food manufactured on site. The subject property is a 27.95-acre lot containing a commercial kitchen that has operated since 2013. The business began offering grab-and-go sales, which triggered the need for conditional use approval. Staff reported that the proposed use satisfies all criteria: the food sold is manufactured on site; less than 750 square feet (less than 10% of floor area, well under the 1,000 sq. ft. limit) will be dedicated to retail; and 10 off-street parking spaces are provided, exceeding the required 3 spaces. The proposal was found to be consistent with the 2020 Comprehensive Plan’s land use and economic development policies. The applicant noted that Canapas provides free meals to the community during emergencies, such as during the pandemic. Board members asked about the origin of the compliance notification; the applicant declined to elaborate. No further questions were raised.
Key Outcomes
- Motion and Vote: Board member Dixon Hicks moved to unconditionally approve the conditional use, seconded by Bob Sisson. The motion passed unanimously (4–0). The approval allows Canapas to continue accessory retail sales of food at 550 Highland Street, subject to compliance with all LMC requirements. The board cited findings that the use is in harmony with the comprehensive plan, will not create adverse impacts beyond permitted uses, and meets the specific criteria of Section 812(e).
Meeting Transcript
Welcome to the August 27th, 2024 meeting of the City of Frederick Zoning Board of Appeals. Before we get started tonight, I usually like to at least give a little bit of background about what we do at the zoning board. So do a little uh introduction into what our process is and what our procedures are going to be for tonight. We'll see if there's any questions. Um we usually have one or two housekeeping matters on the agenda, and uh then we'll get to tonight's cases. Um it's the responsible of the zoning board of appeals uh to authorize an appeal in specific cases of variance from the terms of the city zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, uh, and to hear and decide appeals of agreed party where it's alleged that there's been an error in an order requirement, decision or determination made by an administrative officer in the enforcement of the city's land management code. Uh we conduct all of our duties here in accordance with all of state law and uh the city's land management code. Uh members of the board, we are all volunteers. We're appointed by the mayor, and those appointments are confirmed by the board of aldermen. Uh we need four members for a quorum, and we have four members tonight. Uh, in addition to the members of the board, we're also supported in our work by members of the city staff. Uh, and so to my far right and everybody else far left is uh Miss Gabrielle Collard, and she is the director of planning for the city of Frederick. Uh next to her is Miss Monica Robbins. Uh she is a planner with the planning department. And then to my left and your right is Ms. Jennifer Vandergreek, who's the office manager at the um uh department of planning here in the city. And in addition to her numerous numerous duties, she also supports the ZBA in our activity. Um little quick uh rundown on what our procedures uh will be for tonight. Um I will call the case number uh since we only have one case on the agenda tonight. I'm assuming our uh applicant is with us, though I usually ask for a wave if we have a more crowded room. Um I will ask for the staff report. Uh the staff report will be entered into the record, and at the end of the staff report, the staff may make a recommendation or recommendations regarding the case. That's one item that we use in our decision making, but it's not the only factor that we consider. Um following the staff report, uh, I will ask the applicant if they have any uh additional information that they would like to share with the board, anything in the staff report that they would like to clarify or expand on. Uh, members of the board may ask questions of the um uh applicant uh at that time. Following uh the applicant's presentation, uh I will ask if there is any public comment. Uh any member of the public is permitted under state law to comment on any of tonight's cases. Uh and then following any public comment that we happen to get. It's also not a very crowded room this evening, so I have a feeling that uh um it at least uh won't be a long line at the podium. Uh but following any public comment that we would normally happen to get, I will then ask the applicant if they have any closing remarks that they like to share with the members of the board. And then that will close the testimony part of uh the case, and then I will call for a motion uh from the board. Um a motion requires a majority of members present uh to pass. So three out of four members voting for a motion will uh pass uh any motion that happens to be before us. Um in addition, uh on tonight's agenda you might see that there's an item swearing of uh witnesses. We will swear in uh anybody who is going to be speaking tonight and offering testimony, and anybody who is speaking, we will ask for your name and your address uh for the official record. The reason for that is that anybody who is aggrieved by a decision that the zoning board of appeals might uh make has the right to appeal that decision to the Circuit Court of Maryland. Um, and so that helps us maintain a good record for any judge that might happen to be reviewing a decision that we happen to make. Any questions about tonight's procedures? No, seeing none. Mr. Sisson? No. Am I good? All right. All right. I've only been doing this for a couple weeks, so I need these guys to keep me straight. Yeah. Anyone following at home? That's item one. That is our call to order and announcements on the agenda.
openpublica.com