Frederick Zoning Board of Appeals Meeting - July 22, 2025: Denial of Outdoor Entertainment Conditional Use for 7th Sister
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Frederick Zoning Board of Appeals Meeting - July 22, 2025
The Zoning Board of Appeals (ZBA) held a public hearing on July 22, 2025, to consider a conditional use application for outdoor entertainment at 228 N Market Street, the site of the 7th Sister restaurant. The board also approved prior meeting minutes and deferred the election of officers due to an incomplete quorum. After extensive discussion about noise ordinance compliance and consistency, the board voted unanimously to deny the application.
Consent Calendar
- The minutes from the June 24, 2025, meeting were approved unanimously (motion by Mr. Hand, second by Mr. Sisson).
Public Comments & Testimony
- No members of the public offered testimony on any agenda item. The general public comment period was closed with no participants.
- The applicant, Carrie Delant (co-owner of 7th Sister and founder of the Silverbox nonprofit), testified in support of the application, describing the venue’s three-year history of low-volume acoustic music, movie screenings, and stand-up comedy without noise complaints. She emphasized the courtyard’s physical shielding (building and five-foot brick walls) and that outdoor music ends by 8 p.m. She also noted that other downtown venues (e.g., Brewers Alley, New Spire Stage) operate under similar conditions without special approvals.
Discussion Items
- ZBA-25-13CU – Conditional Use, 228 N Market Street (7th Sister): The applicant requested approval to provide outdoor entertainment (live music, movie screenings, stand-up comedy) Wednesday through Sunday from 4 p.m. to 9:30 p.m. in the restaurant’s private courtyard.
- Staff Presentation (Gabrielle Collard, Deputy Director for Planning): Staff recommended denial based on two findings: (1) the use may create a greater adverse impact than permitted uses due to proximity to residential properties (the nearest residential lot is approximately 60 feet from the patio); and (2) the request would violate City Code Section 15.21.2, which prohibits sound from establishments serving alcohol from being plainly audible on a residential property or at a distance of 100 feet from the sound source. Staff noted that the noise ordinance applies to properties serving alcohol and that the plain-language standard (“plainly audible”) is difficult to satisfy given the spatial constraints.
- Board Deliberation: Members raised concerns about inconsistent enforcement of the noise ordinance across the city (e.g., Brewers Alley, New Spire Stage, bandshell concerts). Mr. Hand suggested a possible condition requiring decibel readings. Mr. Sisson noted that the conditional use runs with the land, so approval could create future compliance issues. Mr. Waxter (assistant city attorney) explained that the ZBA cannot waive the noise ordinance via conditional use and that any approval could still lead to noise violations enforceable by police. The board discussed potential paths: (a) denial, (b) a trial period, or (c) sending a letter to the City Council urging ordinance revisions. Members acknowledged the financial hardship on the restaurant and the applicant’s good-faith efforts.
- Election of Officers: The board postponed the election of officers (Item VIII(B)) because of an incomplete quorum (Mr. Hicks absent and one vacant seat). A motion to defer until the next meeting passed unanimously.
Key Outcomes
- Motion for Denial (ZBA-25-13CU): Mr. Sisson moved to deny the conditional use application based on the finding that approval would violate Section 15.21.2 of the City Code regarding noise at locations where alcoholic beverages are served. The motion was seconded by Mr. Colar and carried unanimously (all six voting members in favor: Sisson, Colar, Hand, Racheff, and two others).
- Future Action on Noise Ordinance: Chair Racheff indicated that he would draft a letter to the Mayor and City Council highlighting the inconsistencies in the noise ordinance and requesting a review to achieve more consistent enforcement citywide.
- Election of Officers Deferred: The election of board officers was postponed to the next meeting due to an incomplete quorum.
Meeting Transcript
Good evening, everybody. Welcome to the July twenty second, twenty twenty-five meeting of the City of Frederick Zoning Board of Appeals. Before we get started tonight, um, I usually like to uh review our charge and our procedures just so everybody is on the uh same page here, or anybody who happens to be tuned in either on streaming or at home, uh, can follow along. Um, it's a responsibility of the zoning board of appeals to authorize on appeal in specific cases, variances from the terms of the city zoning regulations to hear and decide special exceptions to the terms of the zoning regulations, or to hear and decide appeals of a brief party when it's alleged there's been an error in an order requirement, decision, determination made by an administrative officer. Um, uh, in the enforcement of the city's uh zoning regulations. We conduct all of our responsibilities in accordance uh with Maryland state law and with the city's land management code. Umbs of the board, we are all residents of the city and we're volunteers. We are um uh appointed by the mayor, and those appointments are confirmed by the city council. Um, in addition to the members of the board of appeals, we are supported in our work by members of the city staff. And so to my far right and everybody else's far left, it's Mr. Scott Waxter. He's a uh assistant city attorney here with the City of Frederick. Um next to uh Mr. Waxer is uh Ms. Christina Roderick, and she is a planner here with the planning department. And then uh next to Ms. Roderick is Miss U Gabrielle Collard, and uh she is the director of the planning department here at the City of Frederick. And then to my far left and anybody else's far right, it's Ms. uh Jennifer Vandegreek. Um, and in the uh addition to many of her administrative responsibilities that she has with the planning department, she also supports the zoning board of appeals in everything that we do. Um, procedures for tonight are pretty straightforward. Uh I will call the case number on the agenda. Um we have one case in new business, and I suspect that we have one applicant. So typically I say let me know you're here, but I think our applicant is here already. Um I will then ask for the staff report. Um the staff report will be entered into the record and will be summarized by the um city staff. And at the end of the staff report, the staff may make recommendations regarding the case. Uh that is one element that we use in our uh determinations, uh, but it is not the only element. So following the staff report, I will ask the applicant if they would like to give a statement, if they would like to expand on anything in the uh staff report, clarify uh any matters or give the board uh additional information to help with our decision making process. Um members of the board may ask questions of the applicant at that time. Following um uh the applicant's testimony, we will ask if there is anybody uh who wishes to give public testimony regarding the case. Umybody is uh permitted under Maryland state law to provide input to our decision making process uh here. Um maybe somebody will show up before the night is over. Uh um, but uh if not, we will ask for the record. And then following that, I will ask the applicant if they have any closing remarks or additional information that they want to share with the board. Um at that point, I will close the testimony portion of the case and I will ask for a uh vote from the members of the board. Uh a simple majority passes any motion that is before the board. Um if anybody is uh speaking tonight uh regarding to one of tonight's cases, I will also ask for their name and their address for the record. That is because anybody who is aggrieved by a decision that the zoning board of appeals makes has the right to appeal our decision up to the Maryland Circuit Court. Um and so that helps us make sure that we have anybody who is speaking or testifying properly identified as that judge might need to review any testimony regarding uh the case. Um questions regarding the procedures. We're a pretty easy bunch, so if any comes up as well, um uh we'll easily work through any questions that happen to arise. If anybody is following with their agenda for tonight's meeting, that's item number one, which is our call to order and announcements. Item number two is general public comment about zoning in the city of Frederick. Uh we have opportunity for uh citizens who wish to comment generally about our zoning uh procedures and regulations and uh seeing that we have no takers for that. Um that brings us to item number three of the agenda uh and that is review and approval of the minutes from the June 24th, 2025 meeting. I will entertain a motion. To approve the minutes. We have a motion for approval from Mr. Hand.
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