Frederick Zoning Board of Appeals Meeting - August 25, 2026
Frederick Zoning Board of Appeals Meeting - August 25, 2026
The Zoning Board of Appeals met on August 25, 2026, at 7:00 PM at City Hall to consider five conditional use applications and conduct an election of officers. The board approved all applications with varying conditions, including five-month compliance reviews for two establishments. The meeting included extensive public testimony on noise concerns related to outdoor amplified music.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the June 23, 2026 meeting (motion by Bob Sisson, second by Stephen Colar).
Public Comments & Testimony
- No general public comment was offered at the start of the meeting.
- Sandbox Brewhouse (880 N East St): Neighbors testified about past noise from food truck generators and amplified music causing vibrations inside homes. They expressed distrust and asked for denial. Supporters highlighted the venue's community role and financial need. One neighbor noted five police calls but no formal reports.
- Wagbar (925 N East St): No public comment was offered.
- The Banyan (216 E Patrick St): Over a dozen downtown residents described rooftop amplified music as plainly audible inside homes, with lyrics and vibrations even with windows closed. Some acknowledged the restaurant's indoor entertainment and requested limiting rooftop to acoustic/unamplified sound. A few employees and patrons argued the business had made mitigation efforts and deserved a chance.
- Lima Soul (14 E Patrick St): No public comment was offered; the applicant stated they had established good relations with upstairs neighbors.
Discussion Items
- ZBA26-21CU – 358 W. Patrick Street (Condominium Conversion): Applicant requested conversion of two ground-floor office units to residential. Staff found the residential character of the block and lack of commercial interest made the request appropriate. No public comment. Approved unanimously.
- ZBA26-16CU – 880 N. East Street (Sandbox Brewhouse): Conditional use to allow live entertainment until midnight Fridays and Saturdays (up to three weekends per month). Staff recommended approval with conditions. Following public debate, the board approved with a five-month staff compliance report (motion by Dixon Hicks, second by Bob Sisson). Vote: 4-0.
- ZBA26-23CU – 925 N. East Street (Wagbar): Conditional use for a restaurant with an outdoor off-leash dog park as entertainment. Staff noted the unique use required a zoning determination. Applicant described a national franchise with no issues. No public comment. Approved unanimously.
- ZBA26-6CU – 216 E. Patrick Street (The Banyan Restaurant and Bar): Request for indoor entertainment until midnight (7 days) and rooftop until 9/10 pm. Staff recommended approval with those hour limits. After extensive public testimony, the board approved with conditions: entertainment hours per staff recommendation plus a five-month compliance report. Chair Jim Racheff voted no, citing concerns about outdoor music. Vote: 4-1.
- ZBA26-10CU – 14 E. Patrick Street (Lima Soul): Conditional use for indoor entertainment Fridays and Saturdays until 1 am, Sundays until 10 pm. Staff recommended limiting Sunday to 10 pm. Applicant described Peruvian cultural performances and neighbor outreach. No public comment. Approved unanimously.
Key Outcomes
- All five conditional use applications were approved.
- Sandbox Brewhouse and The Banyan must provide a staff compliance report after five months; additional noise-related conditions apply.
- The Banyan rooftop entertainment hours are limited to 9 pm Sunday–Thursday and 10 pm Friday–Saturday; the chair dissented.
- Lima Soul entertainment on Sundays is limited to 10 pm.
- The board re-elected Jim Racheff as chair and Lawrence Aronow as vice chair for another term.
Meeting Transcript
Good evening, uh, everybody. Um before we get started with tonight's cases and uh tonight's business. I usually like to start every meeting with a little bit of uh background about what our authorities and purpose is here in the city. Um introduce some of the people that um are supporting us in our work here, um, go over just at least at a high level what the procedures are going to be for this evening and see any questions uh before um we get to the individual cases, if that's uh okay. Um here the zoning board of appeals, we hear three kinds of matters. We hear variances from the city's zoning regulations. We hear special exceptions to those regulations. Um we also hear appeals when there is an alleged error by an administrative officer in the enforcement of the land management code in accordance with Maryland state law across the board. Um that third one, an appeal if somebody uh alleges there are error. We don't have any cases like that tonight. That's like maybe somebody in the permitting department. Um somebody feels that they made an error issuing a permit, and somebody will come to us with an appeal to have us take a look at it. Um we have five members of the zoning board of appeals. We are all volunteers. We all are residents of the city. Uh we are nominated by the mayor, and our appointments are confirmed by the city council. Um in our work here, uh we are supported by members of the city staff. So we've got a full house tonight. Uh but to my far, far right uh and you're all as far left is uh Gabrielle Collard, and she is the uh director of the planning department. Uh we also have Mr. Scott Waxter. He is an assistant attorney here with the city's legal department. Um we have Michael Hackman, who is a planner with the city um uh planning department. Um we have Khadijah Roder, who is also a planner who is going to be supporting some of tonight's cases. Um and then next to Khadijah is Christina Roderick. She has the most complicated title in the entire city government. Um see, I messed it up already. Uh she is the um division director who's in charge of current planning in the city of Frederick. Um and then to my far left in your all's far right is Ms. Jennifer Vandergreek. She is an administrative assistant in the planning department, and in addition to her many, many daytime duties, she supports us here in our work at the ZBA as well. Uh so a little bit of background of uh sort of what our process uh will look like tonight. Um you all have an agenda. Uh I'm gonna rearrange the order that we see some of the cases uh tonight just for some of the efficiency to let you all know ahead of time. Uh but I will call a case number. If the applicant is here and you can kind of give me a wave and let me know, especially since we've got a full house, that would be great. Um but what we'll start off with is I'll ask for the staff report. The staff report will be entered into the record. And so the entire staff report that you all can download from the website will be entered into the official record. And then the staff will go through and summarize some of the salient points of that. At the end of the staff report, um the staff may make a recommendation or recommendations regarding tonight's case. Uh that is one element that we use in our decision making here at the ZBA, but it is not the only element. Um so following the staff report, uh we might have members of the board who ask questions of staff at that time. Uh and then I will ask for the applicant if they would uh come up. Uh they're free to give a presentation, right? Sometimes people have formal presentations uh uh prepared to do. Um, but they can also expand on anything that happens to be in the staff report. They can clarify any points. Once again, members of the board may ask questions of them. Um following the applicant's testimony, I will then open the floor up for testimony from the public.
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