City of Frederick Zoning Board of Appeals Meeting - August 6, 2026
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City of Frederick Zoning Board of Appeals Meeting - August 6, 2026
This meeting of the City of Frederick Zoning Board of Appeals (ZBA) was held on August 6, 2026, with four voting members present. The board addressed three cases: a variance request for a freestanding sign height at 820 East South Street, a conditional use request to convert ground-floor commercial space to residential at 437 North Market Street, and a conditional use request for up to 150 multifamily affordable housing units at 585 Himes Avenue. The board also approved the minutes from December 16, 2025, and the 2026 ZBA schedule. Charles Cox was recognized as a newly appointed alternate member.
Public Comments & Testimony
- Case ZBA 26-8 V (variance): No public comments.
- Case ZBA 26-9 CU (437 North Market Street): No public comments.
- Case ZBA 26-12 CU (585 Himes Avenue): Three speakers expressed support:
- Branham Mann, managing partner of Rest Haven Memorial Gardens (adjacent cemetery), stated full support for the development.
- Robert Van Rennes, executive director of the Golden Mile Alliance and nearby resident, expressed firm support, citing the need for affordable workforce housing and alignment with the Golden Mile Small Area Plan goals.
- Vincent Rogers, director of housing for Frederick County Government, requested approval on behalf of Frederick County, noting that over 8,000 households in the city are cost-burdened and the project addresses a critical need for affordable units serving incomes at 60% of area median income.
Discussion Items
- Appointment of Charles Cox: The board welcomed Charles Cox as an alternate member of the ZBA with a certificate of appointment.
- Case ZBA 26-8 V – Variance for Sign Height at 820 East South Street (also known as 850 Agricultural Way): The applicant requested a variance to maintain an existing freestanding sign at 16 feet in height (maximum allowed is 6 feet) due to required relocation caused by new road construction on Agricultural Way. The property lacks direct frontage on East South Street and has a 4-foot grade difference between the new sign location and street level. Staff found that the variance met all six criteria, including that the strict application would cause undue hardship and the variance is the minimum necessary. The applicant (Mr. O'Hara) noted that the address will become 825 Agricultural Way once the land dedication is complete. The board had no questions for staff or the applicant.
- Case ZBA 26-9 CU – Conditional Use at 437 North Market Street: The applicant requested approval to convert a portion of the ground-floor commercial space (on West Fifth Street) into residential units, increasing from 3 to 10 dwelling units. The space on North Market Street will remain as an art gallery. Staff found the proposal consistent with the comprehensive plan, no adverse impacts, and compliance with all conditional use standards. The applicant (Mary Patton, Fox and Associates) noted that the project received HPC approval and will undergo site plan review. No public comments were offered.
- Case ZBA 26-12 CU – Conditional Use at 585 Himes Avenue: The applicant (Conifer, as contract purchaser) requested approval to build up to 150 multifamily residential units (145 initially proposed) on a 6.5-acre portion of a 25.9-acre parcel owned by Frederick County, zoned Professional Business (PB). The development will include a 6,300 sq ft commercial space and amenities. All 150 units will be moderately priced dwelling units (MPDUs) through the LITEC program, exceeding the 15% minimum. Staff recommended approval, finding harmony with comprehensive plan policies, no greater adverse impact than other PB uses, and provision of pedestrian infrastructure and amenities. The applicant's team (attorney Lisa Gradator, Matt Ojala of Conifer, and engineer Sean Benjaminson) highlighted the site's grade challenges (50-foot elevation change), ADA access, and partnership with the county. A board member noted the extensive post-approval review process (APFO, site plan, etc.).
- Approval of 2026 ZBA Schedule: The board reviewed and approved the proposed meeting schedule for 2026–2027.
Key Outcomes
- Case ZBA 26-8 V: Motion to approve the variance based on the staff's findings of fact (seven criteria). Vote: 3-0 in favor (Sisson, Hand, Cox). Approved.
- Case ZBA 26-9 CU: Motion to approve the conditional use as presented. Vote: 3-0 in favor (Sisson, Hand, Cox). Approved.
- Case ZBA 26-12 CU: Motion to approve the conditional use for up to 150 MPDU units based on the staff's findings of fact (three criteria). Vote: 3-0 in favor (Sisson, Hand, Cox). Approved.
- Minutes from December 16, 2025: Motion to approve as written. Vote: unanimous.
- 2026 ZBA Schedule: Motion to approve. Vote: unanimous.
- Appointment of Charles Cox: Recognized and welcomed as alternate member.
No further business; meeting adjourned.
Meeting Transcript
Good evening, everybody. Welcome to the May twenty-sixth, twenty twenty six meeting of the City of Frederick Zoning Board of Appeals. Welcome. We've got three cases on our agenda for tonight, and so we've got a little bit of a full house for us. As some of you know, I usually like to start off these meetings uh by having a little background on the zoning board of appeals as well as introducing uh the city staff uh who supports us uh in our activities. Um uh the uh zoning board of appeals, uh, we are all volunteers, we are all residents of the city. We are appointed by the mayor and confirmed by, I guess now we say that the city council instead of the Board of Alderman, uh, but the city council. Um and it is our job to uh review um uh uh appeals or conditional uses in accordance with the City of Frederick Land Management Code, um uh, which is authorized under and congruent with Maryland State land use law as well. Um so when uh we have individuals who um under the City Land Management Code want to apply for appeal or a conditional use, or may feel aggrieved by a decision of uh city administrator, administrator, or officer in the enforcement of the land management code, um, they can uh apply to come and uh we hear those cases and decide those issues. Um to the four members of the board uh that you see here, as I mentioned earlier, we are supported by members of the city staff. Um we have a very full house tonight, but if you bear with me, all the way to my far right and your far left is uh Ms. Gabrielle Collard. Uh she is the uh director of planning here in the City of Frederick. Um, even though her name ID says Scott Waxter, assistant study attorney, um, he's uh um uh seated next to her. Um, Ms. uh Sherry Kelly, uh she is a planner here with the uh city planning department. Uh and then next next to Miss Kelly is uh Miss Christina Roderick. Um she is the division manager of current planning. All right. Sometimes I get it backwards. Uh and then to my far left, and everyone's far right is Ms. Jennifer Vandegreek. Um she is administrative office with the planning department, and in addition to many of her uh assigned duties, she supports the ZBA in our work and our activities. Uh just to see if uh we're all clear and anyone has any questions. If the applicant can at least give us a wave and let us know that you're here, that's great. But first, I will ask for uh the staff report to be summarized and read into the record. Um during that process, members of the the board uh here may ask the staff questions for clarifications, et cetera. Following our staff testimony, uh I will then ask the applicant if they would like to provide any presentation or testimony that they think will help the board in our decision making. Um you may want to expand on uh points that the staff made. You might want to provide additional information. There might be uh issues where you have a different perspective or point of view uh than the staff, and this is an opportunity for you to share that information with us. Uh once again, members of the board may ask uh questions uh as part of your presentation. Uh following the applicant's uh statement, uh I will ask if there are any uh public comments uh related to the case. Um any member of the public uh has the right to speak uh regarding tonight's cases, so we will see if anybody wants to add additional information uh regarding that. Following any public comment we have, I'll ask the applicant if they would like to do any summary type of remarks, and then we will close the public testimony part of uh the case. Uh following that, I will call for a vote for the members of the board uh just for everyone's background and information. Um we need a majority of members of the board uh to vote for order a motion to pass. Um tonight we have four voting members with us. We would need three votes in the majority to pass uh any measure. Um couple other little small things. Um, when you approach the microphone uh before your testifying, um uh could we please have your name and your full address for the record? Um if you forget, don't worry. I'll uh nicely remind you uh that we need that information. Uh the reason for that is that all the proceedings tonight are recorded. Anyone who feels aggrieved by a decision that the Board of Zoning Appeals makes has the right to appeal um our decision to the Circuit Court of Maryland. Uh that helps us keep the record straight. Um as um uh well as who happens to be speaking. So if a uh judge is reviewing that at a higher level in the Maryland court, uh just helps keep the record uh straight for any um uh uh potential um appeal or review of the case. Any questions about tonight's procedures? No.
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