BZA 10-17-00 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 October 17, 2000.
PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District
STAFF
PRESENT: Amy M. Lohr, Planner II; Jeremy F. Camp, Planner I; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Acting Chairman Larrick at 3:25 p.m.
MINUTES OF SEPTEMBER 5, 2000
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
September 5, 2000 meeting were unanimously approved with one correction.
NEW BUSINESS
Ms. Lohr told the Board that a nomination has been submitted by the Board of
Supervisors' representative from the Stonewall Magisterial District, Mr. Charles Omdoff, Sr., fora new
Board of Zoning Appeals member. Formal action will be taken on the nomination at the Board of
Supervisors meeting on October 25, 2000. The Frederick County Circuit Court will still need to
formally appoint the nominee; more information should be available by the next meeting in November.
PUBLIC HEARING
Variance #13 -00 of Tina M. Malloy for a 25 -foot front yard setback variance for the construction
of an attached two -car garage. This property is located at 101 Mohawk Trail and is identified
with Property Identification Number 49A02- 1 -20 -35 in the Back Creek Magisterial District.
ACTION — APPROVED
Mr. Jeremy Camp, Planner I, presented the staff report. He stated that it was important
to note that the applicant had applied for and received abuilding permit. However, the building permit
was approved in error, as staff was not aware that the property was on a corner lot. This was brought
to light when the property was surveyed. Therefore, the BZA fee and sign deposit requirements were
administratively waived. Mr. Camp also noted that Shawnee Trail has not been fully developed as a
road, although it is shown as such on the plat. He passed out pictures of the property.
Frederick Co. Board of Zoning Appeals
Minutes of October 17, 2000 Minutes nook Page I 08
Ms. Tina Malloy, the applicant, was the only person present for this hearing. She stated
that since her building permit had been approved, she had already begun the project, dug the footers,
had the land leveled, etc. It was not until the surveyor came out that she discovered she was not in
compliance.
DISCUSSION
Mr. Larrick asked the applicant if she obtained the permit herself or if a contractor was
involved. Ms. Malloy replied that she obtained the permit and was doing the work herself.
There was no further discussion among the board members.
Mr. Rinker moved that variance be approved based on the three reasons given by staff
as follows:
1.) First, there does not appear to be another adequate location for the placement of an attached
garage on the property. The reason for this is due to the setback requirements for a corner lot,
and because there is a drainfield located in the entire front section of the lot.
2.) Two, the circumstances with the incorrectly approved building permit is a hardship to the
applicant. 1
3.) Three, the ten -foot setback, although less than desired, should not negatively effect the
adjoining properties. It is staff's opinion that these three factors combined is of adequate
reason to approve this variance.
Mr. Hamilton seconded the motion which passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby approve by unanimous vote Variance #13 -00 of Tina M. Malloy for a 25 -foot front yard
setback variance for the construction of an attached two -car garage.
ADJOURNMENT
There were no additional items on the agenda, therefore, the meeting adjourned by
unanimous consent at 3:35 p.m.
Respectfully submitted,
0„ _ J%
James arrick, Tr., Acting Chairman
Al, 41)
Caro of , Secre
Frederick Co. Board of Zoning
Minutes of October 17. 2000 Minutes Book Page 1089
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