BZA 06-20-00 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 June 20, 2000.
PRESENT: James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Gilbank Hamilton, Shawnee District; Dudley Rinker, Back Creek District
ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District
STAFF
PRESENT: Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; Mark R. Cheran,
Planner I; Howard R. Long, III, Planner I; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Vice Chairman Larrick at 3:30 p.m.
MINUTES OF APRIL 18, 2000
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
April 18, 2000 meeting were unanimously approved.
PUBLIC HEARING
Appeal Application 403 -00 by Terry DeHaven of Triple T Trucking. This is an appeal of the
determination made by the office of the Zoning Administrator in the administration of the
Zoning Ordinance, pursuant to Section 165 -27E, concerning the operation of a commercial
trucking company. This property is located at 180 Quiet Meadow Lane and is identified with
Property Identification Number 30- A -122A in the Gainesboro Magisterial District.
ACTION —TABLED TO JULY 18, 2000 MEETING
Mr. Ruddy handed out copies of the permitted uses in the RA (Rural Areas) Zoning
District as they stand today, and a copy of the permitted uses since the Zoning Ordinance first went into
effect. He stated that the use was not permitted in the RA Zoning District; however, it is allowed in
the M 1 (Light Industrial) and M2 (Heavy Industrial), and also in the B3 (Industrial Transition) Zoning
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000 Minutes Book Page 1071
District. Mr. Ruddy then read the background information and reviewed the circumstances of the
zoning violation that led to this case.
Vice Chairman Larrick noted that there were only four Board members present which
may or may not affect the outcome of the appeal hearing; however, he wanted the appellant and his
representative to be aware that they had the option of asking for a continuance until the next meeting
at which time all five Board members may be present.
Mr. Nate Adams, III, legal representative for the appellant, asked that the appeal be
postponed until the next meeting.
Mr. Ruddy stated that this case concerned a zoning violation rather than a variance, and
there was the potential impact to the adjoining property owners to consider.
Mr. Ben Butler, who represents Mrs. Douglas Cooper (adjoining property owner who
made the complaint) told the Board that his client was opposed to continuing the appeal and requested
that they be heard at this time.
Mr. Adams noted that the property being affected is all woods and waiting one more
month would not make a difference. Additionally, he said he had a petition which had been signed by
approximately 150 people who were not adverse to its use.
DISCUSSION
There was no discussion or questions from the Board. Mrs. Catlett moved to allow thecontinuanceoftheappealuntiltheJuly18` meeting. Mr. Rinker seconded the motion which passed
by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously agree to allow a continuance of Appeal Application #03 -00 by Terry
DeHaven of Triple T Trucking until the July 18, 2000 Board of Zoning Appeals meeting.
PUBLIC HEARING
Variance #04 -00 of Glen E. Russell requesting a one -foot, four -inch side yard setback variance
for an existing single - family residence. This property is located at 506 Fair Lane and is
identified with Property Identification Number 4313- 1 -1 -21 in the Stonewall Magisterial District.
ACTION — APPROVED
Vice Chairman Larrick asked Mr. Ed Yost, legal representative for Mr. Glen E. Russell,
whether his client would also like to postpone his variance hearing until the next meeting. Mr. Yost
replied that his client wished to move forward with the request.
Amy Lohr, Planner II, gave the background information and handed out pictures of the
property which illustrated the site conditions.
Vice Chairman Larrick asked whether there was any attempt made to obtain a boundary
line adjustment; Mr. Ruddy was not aware of any.
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000 Minutes Book Page I
2
Mr. Yost explained that the house was placed where it was because of the location of
the drain field, and the builder was trying to get the house to be flush with the roadway. After the
footers were poured and reinspected, a third party inspector signed off on the work. Mr. Yost stated
that although Mr. Russell has not obtained surveys on smaller lots such as this one, in the future he
plans to, in order to prevent similar problems from occurring.
Discussion followed on whether there was any attempt made to obtain a boundary line
adjustment, if Mr. Russell usually uses third party inspectors, and whether the encroaching corner of
the house was a bedroom, garage, or other portion of the dwelling.
Mr. Alvin Walker, adjoining property owner, spoke against the variance. He said he
believed the encroachment would affect his property and explained several matters of concern between
Mr. Russell and himself in regard to the property.
Mrs. Catlett reminded Mr. Walker that the Board could only consider the variance
request itself and would be unable to resolved the other issues presented.
There was no one else present to speak for or against the variance request; therefore,
the public hearing was closed.
DISCUSSION
There was deliberation regarding the use ofthird party inspectors and their certification
requirements, whether the setback changed from 70 feet to 50 feet, how a mistake like this could occur,
whether the plan itself was actually changed, etc.
Mrs. Catlett moved that the variance request be approved, and Mr. Rinker seconded the
motion which passed with all ayes.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance 904 -00 of Glen E. Russell requesting a one -foot, four -inch side
yard setback variance for an existing single- family residence.
Mr. Ruddy noted that there may also be requirements of the subdivision covenants, in
addition to Frederick County code requirements, that may need to be taken into consideration.
PUBLIC HEARING
Variance #06 -00 of Michael G. Prelip, Inc. requesting a six -inch front yard setback variance for
an attached two -car garage. This property is located at 126 Trunk Drive and is identified with
Property Identification Number 86E- 2 -2 -19 in the Opequon Magisterial District.
ACTION — APPROVED
Amy Lohr, Planner II, reviewed the background information and provided pictures of
the subject home.
Mr. Michael Prelip, applicant, represented himself. He provided additional photographs
for the Board to review. After giving a brief background of his building experience, he explained how
this mistake occurred.
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000 Minutes Book Page 1073
There was no one else present to speak for or against the variance.
DISCUSSION
The Board discussed at what point did Mr. Prelip realize the mason had made the
mistake, whether his workers had been with him long, how easily something like this could happen, etc.
There were no further comments except Mr. Ruddy's statement that first and second surveys done
before the actual closing time of the house can help catch these types of mistakes beforehand.
Mr. Rinker made a motion to approved the variance as requested; Mr. Hamilton made
the second. The motion passed with all ayes from the Board.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance #06 -00 of Michael G. Prelip, Inc. requesting a six -inch frontyard
setback variance for an attached two -car garage.
Variance 907 -00 of Kraft Foods, submitted by Triad Engineering, Inc., is requesting a 3.5 -foot
rear yard setback variance for a railroad siding shed. This property is located at 220 Park
Center Drive and is identified with Property Identification Number 54 -A -36H in the Stonewall
Magisterial District.
ACTION — APPROVED
PUBLIC HEARING
the Kraft site.
Amy Lohr, Planner II, reviewed the background information and provided pictures of
Mr. Stephen M. Gyurisin and Mr. Jay Johnson, both of TRIAD Engineering, presented
a depiction of the Kraft property and the location of the rail shed. They explained that due to the
existing size and topography of the property and the existing railroad right -of -way, they were limited
as to the placement of the rail shed.
Mr. Rinker asked if there was a rail spur there already or if it was to be built; Mr.
Johnson stated that a railroad spur is already in place.
There was no one else present to speak for or against the variance.
DISCUSSION
There was no discussion or any further questions from the Board.
Mr. Rinker made the motion to approve the variance as requested; Mr. Hamilton
seconded the motion which passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance #07 -00 of Kraft Foods, submitted by Triad Engineering, Inc.,
is requesting a 3.5 -foot rear yard setback variance for a railroad siding shed.
Frederick Co. Beard of Zoning Appeals
Minutes of June 20, 2000 Minutes Book Page 1074
Mr. Larrick had a question for staff regarding whether there had been a change in the
law regarding the handling of appeals such as the case that was tabled today. Staff responded that more
information would be provided on that at the next meeting.
ADJOURNMENT
There was no further business at hand; therefore, the meeting was adjourned at 4:30
p.m. by unanimous consent.
Respectfully submitted,
On' U ..
Jaffes Larrick, Jr., Vice Chairman
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000 Minutes Book Page 1075