Zoning Board of Appeals January 28, 2025: Temporary Use Approval and Continuance Granted
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Zoning Board of Appeals Meeting - January 28, 2025
The City of Frederick Zoning Board of Appeals met on January 28, 2025, at 7:00 PM at City Hall. The board approved minutes from the August 27, 2024 meeting, granted a continuance for a variance case, and approved a temporary use permit for a catering business at 1 Frederick Health Way. The board also welcomed alternate member Lee Hand to his first meeting.
Approval of Minutes
- The board approved the minutes of the August 27, 2024 meeting by voice vote (motion by Bob Sisson, second by Dixon Hicks). Lawrence Aronow and Lee Hand abstained as they were not present at that meeting.
Continuances
- ZBA-24-30V, Variance, 184 E South Street: The applicant requested a continuance to the February 25, 2025 meeting because justification materials are still being prepared. Staff confirmed. The board voted unanimously to grant the continuance.
Discussion Items
- ZBA-25-1TU, Temporary Use, 1 Frederick Health Way: The applicant (Canopase, represented by Clark Adams) requested a six-month temporary use permit to operate a catering business at a property zoned Mixed Use (MU1). Catering is not a permitted use in MU1, but a text amendment to add it is pending before the city council. Staff (Gabrielle Collard) recommended approval, finding the use temporary, not involving new construction, and unlikely to cause nuisance. Board members asked about the distinction between catering and restaurant uses; Mr. Adams explained the proposed definition limits accessory retail to under 50% of sales and focuses on off-site catering. The board discussed whether to grant a six-month extension in addition to the initial permit to allow for possible delays in the text amendment. The applicant had no objection to an extension.
Key Outcomes
- ZBA-25-1TU Approved: The board voted 4-0 to approve the temporary use for six months with an additional six-month extension (total up to 12 months), subject to the applicant obtaining a zoning permit. The motion included findings that the use does not conform to current regulations but is temporary, involves no new construction, and will not adversely affect public health, safety, or welfare.
- Continuance Granted: The variance case at 184 E South Street was continued to the February 25, 2025 meeting.
- Welcome to New Member: Board Chair Jim Racheff welcomed Lee Hand as an alternate member attending his first meeting.
Meeting Transcript
Good evening, everybody. Uh welcome to the January 28th, 2025. Three will count as everybody. Meeting of the City of Frederick Zoning Board of Appeals. Before we get started tonight, I usually like to start with just having a we'll do a condensed overview of our procedures here tonight just to make sure there's not any questions, and um we'll get on to tonight's cases uh right after that. So it's the responsibility of the zoning board of appeals to authorize on appeal in specific cases, uh variances from the terms of the city zoning regulations and land management code. Uh we conduct all of our responsibilities in accordance with the city's land management code and all applicable Maryland state law. Um members of the board here are all volunteers, we're all residents of the city. We're appointed by the mayor, and our appointments are confirmed uh by the are we saying city council yet? Are we saying city council yet? Are we still saying Board of Alderman? Okay, by the city council. Um the board is comprised of uh five voting members, and the board is also assisted in our activities uh by members of the city staff. Um to my far right and to your far left is Miss Gabrielle Collard, uh, and she is the director of the planning department here, and then to my left and to your right is uh Miss Jennifer Vandegreek. Um uh she is the office manager of the planning department, and in addition to many, many, many responsibilities, she also uh supports the ZBA in our activities. Um procedures from tonight for tonight will be really straightforward. Um I will call the case number. Um the uh staff, um, I will ask for the staff report. Um the staff will enter the staff report in its entirety into the record. Uh they may also provide some uh additional oral testimony and summary of what happens to be in the staff report. Um following uh the staff report, um, members of the board might have uh questions for staff. Um following the staff report, I will ask the applicant if the applicant would like to give a statement um concerning tonight's case. Um it's an opportunity for you to share any additional information you think might be useful in our decision making. Uh uh members of the board once again may ask questions uh of the applicant um uh there uh to uh provide additional details or find additional findings of fact. Uh following the applicant's statement, uh typically we would ask if there is any public comment uh regarded tonight's cases. Anyone who uh wishes to give public testimony about a case before the ZBA is permitted to do so. Um it does not look like we have a crowded house that there's going to be a long list at the podium to give uh public testimony. Um and so following any public testimony, I will ask the applicant if they have any closing remarks that they would like to give regarding the case. I will then close the public testimony portion of the case, and I will ask for a motion uh from the board uh just so that everybody is aware, a simple majority will pass any major uh motion that is before the board. Um if you are speaking tonight, we will ask for your name and your address uh to um be added to the official record here. The reason being is that uh all tonight's proceedings are recorded. Uh anybody who is aggrieved by a decision that the zoning board of appeals makes has the right to uh appeal our decision uh to Maryland Circuit Court. Um as a judge in that case might be reviewing evidence uh and listening to the recording. This gives opportunity to clarify who happens to be speaking at any one time. Any questions about tonight's procedures? Nope. We're good. Uh since we've gone all digital, I have so many things to juggle around up here. Um we do have a couple of housekeeping measures on the agenda. Let me pull up my agenda here so that we've got it. I'll make it easier on everybody who's been uh waiting. Um members of the board uh included in your packets tonight, we're meeting minutes from uh the August 27th, 2024 meeting. Um for our review, I'll entertain a motion. Mr. Speaker, this is Bob Susan. I'm make a motion that we accept the minutes as presented. We have a motion for Mr. Sisson. Do we have a second? Mr.
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