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HomeMy WebLinkAboutBZA 08-15-00 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on August 15, 2000. PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District ABSENT: Gilbank Hamilton, Shawnee District STAFF PRESENT: Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Acting Chairman Larrick at 3:30 p.m. OLD BUSINESS The Resolution of Appreciation that was approved and signed by the members of the Board of Zoning Appeals on July 18, 2000 for Manual Sempeles, Jr., resigning Chairman from the Stonewall District, was read into record and presented to Mr. Sempeles. The resolution read as follows: Resolution of Appreciation Honoring Manuel G. Sempeles, Jr. WHEREAS, Manuel G. Sempeles, Jr. served as a member of the Frederick County Board of Zoning Appeals from the date of his appointment by the Frederick County Circuit Court on May 15, 1987, and as Chairman of said Board from the date of his election on January 17, 1995, until his resignation effective July 2000; and, WHEREAS, during the period of his membership on the Board, Manuel G. Sempeles, Jr. served dutifully, demonstrating both great insight into the issues which faced the Board, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Board of Zoning Appeals wish to express their gratitude to Manuel G. Sempeles, Jr., and recognize his many years of faithful service. NOW, THEREFORE, BE IT RESOLVED, That on this 18th day of July 2000, the Frederick County Board of Zoning Appeals does hereby officially express its sincere thanks to Manuel G. Sempeles, Jr. for his commitment to sound planning, participation in activities of the Board of Zoning Appeals, and his overall dedication to the County of Frederick. Frederick Co. Board of Zoning Appeals Minutes of August 15, 2000 Minutes Book Page 1082 1 MINUTES OF JULY 18, 2000 On a motion made by Mr. Rinker and seconded by Mrs. Catlett, the minutes for the July 18, 2000 meeting were unanimously approved. NEW BUSINESS Due to a conflict of schedules among the Board members during the third week of September, it was decided to reschedule the meeting for September 5, 2000 at the regular time of 3:25 p.m. PUBLIC HEARING Variance #11 -00 of Denny L. Place for an eight -foot variance to the extension into setback provision [Frederick County Zoning Ordinance, §165.23.F.(3)] to extend the width of an existing front porch. This property is located at 111 Princeton Drive and is identified with Property Identification Number 64A -2 -16 in the Shawnee Magisterial District. ACTION — TABLED UNTIL SEPTEMBER 5, 2000 Acting Chairman Larrick explained to the applicant that since Mr. Hamilton was absent and another member had not yet been appointed by the Circuit Court for the Stonewall District, Mr. Place had the option of postponing the public hearing until the next meeting. There was no guarantee, however, that there would be a full Board at the September meeting. After much debate and consulting with the family members present, Mr. Place decided to go ahead with the public hearing. Amy M. Lohr, Planner II, read the background information and passed out pictures that she had taken of the property which depicted the existing porch. Mr. Denny Place, applicant, explained to the Board that the extended porch was a project he and his family had been planning for many years. He stated that they had been there since 1963. He said that they did not want the porch to end right under the bay window because it wouldn't look right, plus it was not what they really wanted. DISCUSSION Mr. Rinker asked if the porch would encroach into the side yard; staff replied that it would not. The Board asked for clarification on exactly where the porch would go. The applicant pointed this out on the picture: Discussion followed on whether the applicant would accept less footage on the length of porch desired, how many other houses in the area had full- length porches, and whether this request represented a real hardship. Frederick Co. Board of Zoning Appeals Minutes of August 15, 2000 Minutes Book Page 1083 2 Mr. Rinker moved to approve the variance request but the motion died for lack of a second. After further debate among the three Board members present, Mrs. Catlett moved to approve the request if the applicant would accept three feet instead of eight feet. As there was no second, this motion also died. Discussion followed on the fact that the Board had reached an impasse, and Mr. Larrick again suggested that the request could be carried over to the September 5, 2000 meeting. In one last attempt at a compromise, Mr. Rinker moved to approve six feet instead of eight. There was no second offered and the motion failed. Mr. Place stated that he would like to table the application until September 5, 2000 in the hope that there would be more Board members present; therefore, Mr. Rinker made a motion to that effect, with Mrs. Catlett offering the second. This motion passed unanimously. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously agree to table Variance # #11 -00 of Denny L. Place for an eight -foot variance to the extension into setback provision [Frederick County Zoning Ordinance, §165.23.F.(3)1 to extend the width of an existing front porch, until September 5, 2000. OTHER BUSINESS This meeting was Mr. Ruddy's last Board of Zoning Appeals meeting due to his recent resignation. The Board wished him the best of luck with his new position and thanked him for his work with the Board. ADJOURNMENT There was no further business at hand; therefore, Mr. Rinker moved for adjournment and Mrs. Catlett seconded the motion. The meeting was adjourned at 4:20 p.m. with all members voting AYE. Respectfully submitted, Jain- Larric , Jr., Acting Chairman i u dl 4 Ca W' 7 • ff, ST- cret. Pr/ 0 ' Frederick Co. Board of Zoning Appeals Minutes of August 15, 2000 Minutes Book Page 1084 3