BZA 01-18-00 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 January 18, 2000.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman,
Gainesboro District; Theresa Catlett, Opequon District; Gilbank Hamilton, Shawnee
District; Dudley Rinker, Back Creek District
STAFF
PRESENT: Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; Amy M.
Lohr, Planner I; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Chairman Sempeles at 3:25 p.m.
MINUTES OF DECEMBER 21. 1999
On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the
December 21, 1999 meeting were unanimously approved.
ELECTION OF OFFICERS
Mr. Rinker moved that the current slate of officers be reinstated for year 2000; Mr.
Hamilton seconded the motion which passed unanimously.
PUBLIC HEARING
Variance #10 -99 of Lawrence Coverstone Estate, submitted by Greenway Engineering, for a
variance to the Accessory Dwelling requirements which limit the floor area of an accessory
dwelling to 25% of the gross floor area of the primary residential structure on a lot; a 20 -foot
front yard setback variance and a 35 -foot side yard setback variance for the proposed
construction of a single - family residence. This property is located at 302 High Banks Road and
is identified with Property Identification Number 56 -A -1 in the Stonewall Magisterial District.
ACTION - DENIAL OF ACCESSORY DWELLING VARIANCE; FRONT AND SIDE
YARD SETBACK VARIANCE REQUESTS TABLED UNTIL FEBRUARY 15, 2000
Frederick Co. Board of Zoning Appeals
Minutes of January 18. 2000 Minutes Book Page 1066
Chairman Sempeles excused himself from the proceedings due to the fact that the
applicants are relatives and there may be a possible conflict of interest.
Christopher Mohn, Planner II, read the background information and suggested that the
application be considered in two parts. Michael Ruddy, Zoning Administrator, distributed photographs
of the property which depicted the existing residence and accessory buildings. He noted that the
applicants and their representative were present to address any questions or concerns from the Board.
Mr. Mark Smith, of Greenway Engineering, spoke on behalf of the Coverstones. He
stated that the existing house was located in a flood plain and that they considered this a hardship. The
owners do not want to tear the existing residence down due to historical and sentimental reasons, and
they were trying to come up with a way to keep the old house and build a new house. Mr. Smith
directed the Board's attention to the exhibit showing the proposed new house which would replace a
trailer which is located on adjacent property.
Anne Coverstone, applicant, stated her reasons for why she did not want to tear the
existing house down since it had historical value and had been in the family for quite some time. She
told the Board of heating problems, crumbling foundations, etc., and reiterated the flood plain concerns
for reasons why they did not want to renovate the home.
Board members asked about the portion of the property that is zoned RP (Residential
Performance) land (about one acre), and Mr. Ralph Beeman, also of Greenway Engineering, provided
information about the 55 -foot right -of -way, traffic patterns and stated that the new house would be 57
feet from the road. Mrs. Catlett asked if the old house was currently vacant and who built the
additions; the applicants responded that it was occupied by renters and that Mrs. Coverstone's father -
in -law built the additions.
No one else was present to speak in favor of the variance.
Mr. James Stillwell, adjoining property owner, spoke against the request. He and his
wife own Highbanks Farm and were opposed to two residences being located on the same property.
Mr. Stillwell stated that he felt there were many other options available. Mrs. Catlett had Mr. Stillwell
point out the location of the former access road.
Mr. Larrick asked about the rural landmark survey significance and about whether the
flood plain was from a 100 -year flood map; both questions were answered by staff.
At this point, the public hearing portion of the meeting was closed.
DISCUSSION
Mr. Rinker asked if they could build a house in the same place again today. Mr. Ruddy
stated that it would not be possible with today's standards pertaining to flood plains but that the present
home can be added onto with certain restrictions. The BZA discussed the necessity of having an
accessory structure and the hardship associated with the proposal. Further discussion ensued regarding
whether denying the first variance would take care of the second one and which building is considered
the principal structure.
Upon a motion made by Mrs. Catlett and seconded by Mr. Rinker, the first portion
of the variance was denied by unanimous vote
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
Frederick Co. Board of Zoning Appeals
Minutes of January 18, 2000 Minutes Rook Page 1067
hereby unanimously deny the portion of Variance #10 -99 for a variance to the Accessory
Dwelling requirements which limit the floor area of an accessory dwelling to 25% of the gross
floor area of the primary residential structure on a lot.
Mark Smith and the applicants conferred about the second portion of the variance and
requested that the application be tabled for 30 days to allow time to discuss their options. It was
agreed that the application would be heard at the February 15, 2000 meeting, and that it would be re-
advertised.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously agree to table the second portion of the variance until February 15, 2000.
ADJOURNMENT
There was no further business at hand; therefore, the meeting was adjourned at 4:30
p.m. by unanimous consent.
Respectfully submitted,
Mnmpel s, Jr., Chairman
Frederick Co. Board of Zoning Appeals
Minutes of January 18, 2000 Minutes Book Page 1068