HomeMy WebLinkAboutBZA 12-18-01 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 December 18, 2001.
PRESENT James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District;
Thomas Malcolm, Shawnee District and Robert Perry, Stonewall District
ABSENT Theresa Catlett, Opequon District
STAFF
PRESENT Patrick T. Davenport, Zoning Administrator; Renee'Arlotta,Administrative Assistant
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:25 p.m.
NOVEMBER 20, 2001 MINUTES
The minutes for the November 20, 2001 meeting were unavailable at this meeting and
will be included in the January 15, 2002 agenda.
PUBLIC HEARING
Variance #21 -01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to the
Category A buffer requirements. This property is located on the north side of the intersection
of Front Royal Pike (Route 522) and Costello Drive (Route 1367), and is identified with
Property Identification Numbers 6413-1 -4 and 6413-1 -5 in the Shawnee Magisterial District.
TABLED TO THE JANUARY 15, 2002 MEETING
Chairman Larrick pointed out that Mrs. Catlett was unable to be present for this
meeting and that Mr. Perry would need to abstain from discussion and voting due to apossible conflict
of interest. He told the applicants that due to the fact that only three members were available to
considerthe application, they had the option of postponing the public hearing until next month if they
so desired.
Mr. Mark D. Smith of Greenway Engineering, representative for Fairfield Inn & Suites,
Frederick Co. Board of Zoning Appeals
Minutes of December 18, 2001 Minutes Book Page 1131
conferred with the applicants and told the Board that they wished to table the application.
Chairman Larrick apologized on behalf of the Board of Zoning Appeals and said that
they were in the process of alleviating this type of problem in the future. Although the Board was not
taking public comment at this time, Chairman Larrick asked if anyone wanted to comment on the
tabling of the application.
Dr. Gerry L. Grimes, adjoining property owner, stated that he believed that Chairman
Larrick may also have a conflict of interest. Dr. Grimes explained that he has been requested to grant
Fairfield Inn & Suites a drainage easement. There was a recent lawsuit regarding the right -of -way
easement dispute in which Mr. Ben Butler was Dr. Grimes' representative but is now with Fairfield
Inn & Suites, and Mr. Larrick represented the opposing side of the lawsuit. For these reasons, Dr.
Grimes believed Chairman Larrick and Mr. Butler should both excuse themselves at the public hearing.
Chairman Larrick did not believe that the lawsuit he represented had anything to do
with the matter involved with the variance but said he would be willing to listen to any concerns the
clients may have.
Chairman Larrick then declared the matter tabled until the January 15, 2002 meeting.
There being no furtherbusiness at hand, Mr. Rinker moved for adjournment which was
seconded by Mr. Perry.
Respectfully submitted,
Frederick Co. Board of Zoning Appeals
Minutes of December 18, 2001 Minutes Book Page 1132
KN PI
James Larrick, Jr., Chairman