BZA 09-05-00 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 September 5, 2000. (Note: Due to a conflict of schedules among the Board
members during the third week of September, the September meeting was held at an earlier date.)
PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District
STAFF
PRESENT: Kris C. Tierney, Planning Director; Amy M. Lohr, Planner 11; 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 AUGUST 15, 2000
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
August 15, 2000 meeting were unanimously approved.
OLD BUSINESS - (Tabled at the August 15. 2000 meeting)
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 — APPROVED
CONTINUATION OF A PUBLIC HEARING
Mr. Larrick briefly recapped what took place at the August 15, 2000 meeting for Mr.
Hamilton's benefit. Mr. Larrick asked Mr. Denny Place, applicant, if he had anything further to add.
Mr. Place also repeated the background on his request and explained how he came to
bring his request to the Board of Zoning Appeals. He brought pictures this time of other full- length
porches located in close proximity to his property. He wanted the Board to see that his request was
not out of line with the surrounding properties.
There was no else present to speak for or against the variance.
Frederick Co. Beard of Zoning Appeals
Minutes of September 5, 2000 Minutes Book Page 1085
DISCUSSION
Mr. Hamilton asked if they planned to bring the roof out to cover the porch; Mr. Place
replied that it would not be completely covered but would mostly likely remain as it is now. As there
had been extensive discussion on this matter at the August meeting, the Board had no further questions
or comments.
Mr. Hamilton saw no reason why the variance should not be approved, and moved to
approve the variance as requested. Mr. Rinker made the second, and the motion passed by the
following majority vote:
AYES: Mr. Rinker, Mr. Hamilton, Mr. Larrick
NAY: Mrs. Catlett
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby approve by majority vote Variance 4#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.
NEW BUSINESS - PUBLIC HEARING
Variance #12 -00 of Tim and Melissa Nichols for a 20 -foot rearyard setback variance to replace
an existing mobile home with a modular home on a foundation. This property is located at 266
Pickett Lane and is identified with Property Identification Number 75 -A -88 in the Shawnee
Magisterial District.
Ms. Amy M. Lohr, Planner II, read the background information. She made a correction
to the staff report, stating that the property was actually zoned RA (Rural Areas) rather than RP
Residential Performance). In this case, staff was of the opinion that a variance was necessary for
residential use of this land. She passed out photographs of the site which depicted the existing mobile
home.
Mr. Timothy Nichols and his wife, Melissa, explained to the Board why they wanted
to purchase the property, and why they needed a variance in order to replace the existing trailer with
a modular home.
No other members of the public were present to speak on this application.
DISCUSSION
The Board had questions about what today's setbacks would be, the definition of "front"
for this property, the placement and size of the new home, and whether there was a right -of -way across
the front of the property (it stops at the driveway).
With no further questions or discussion, Mrs. Catlett moved to approve the variance
as requested. Mr. Rinker offered the second and the motion passed unanimously.
Frederick Co. Board of Zoning Appeals
Minutes of September 5, 2000 Minutes Book Page 1086
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve
by unanimous vote Variance #12 -00 of Tim and Melissa Nichols for a 20 -foot rear yard setback
variance to replace an existing mobile home with a modular home on a foundation.
OTHER BUSINESS
Mr. Larrick inquired of staff if there had been any notification of a new Board member
for the Stonewall Magisterial District; at this time, there has not been any word.
ADJOURNMENT
There was no further business at hand; therefore, the meeting adjourned by unanimous
consent at 4:00 p.m.
Respectfully submitted,
Frederick Co. Board of Zoning Appeals
Minutes of September 5. 2000 j Minutes Book Page 108 +1
n r
James Larrick, Jr., Acting Chairman
I