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HomeMy WebLinkAboutBZA 08-20-02 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 August 20, 2002. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee District); Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District Robert Perry, Stonewall District; Theresa Catlett, Opequon District and Robert W. Wells, Member -At -Large STAFF PRESENT Patrick T. Davenport, Zoning Administrator; Carol Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. JULY 16, 2002 MINUTES The minutes for the July 16, 2002 meeting were approved by unanimous vote after a motion by Mr. Perry and a second by Mr. Wells. PUBLIC HEARING Variance #11 -02 of David L. Goode, submitted by Greenway Engineering, for a 50 -foot buffer distance variance for the 100 -foot residential buffer required against the Star Fort Estates subdivision; and a 95 -foot buffer distance variance for the 100 -foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54 -A -34 in the Stonewall Magisterial District. ACTION - DENIED Mr. Davenport presented the background information. He directed the Board's attention to "Attachment A." He explained about the various buffering requirements for this type of construction, and the variances that the applicant was seeking. He concluded by stating that the undue hardship requirements for granting a variance were not met in this case and denial would be justified. Mr. Davenport reminded the Board that the Code of Virginia states that `to offset the reduced buffers when authorizing a variance, the Board may impose conditions regarding the location, character and Co. Board of Zoning Appeals of August 20, 2002 Minutes Book Page 1157 features of the proposed structure or use, and may require a bond until such conditions are met.' Mr. Rinker asked what the setbacks would be for single family. There were no other questions for staff by the Board at this time. Mr. Evan A. Wyatt, of Greenway Engineering, was present to represent the applicant, Mr. David L. Goode. Mr. Wyatt gave a Power Point presentation explaining Mr. Goode's proposal for the property located along Lee Avenue, and showing the surrounding property uses. Mr. Wyatt stated that they were willing to present a site plan for formal review by the Planning Commission, which was not customary but which would show the Planning Commission and the surrounding property owners that the landscaping and buffering plan that they were offering would indeed take place. Mr. Wyatt continued by directing the Board's attention to the easel displays which depicted the buildable area and the restrictions presented by the drainage swells, and the proposal for the property. He stated that there was a lack of this type of development in Frederick County and that they felt this was the best use for the property. A question was raised regarding the procedure for the BZA to require that a site plan be submitted to the Planning Commission and whether they had the authority to do so. Mr. Rinker asked for clarification on the specifics of the applicant's landscape buffering proposal, and an additional question was posed regarding the drainage swells. Chairman Larrick asked for anyone in favor of the proposal to come forward. Mr. David L. Goode, applicant and property owner, stated that they bought the property about 15 years ago and has been using this location for his office. He explained his vision for the property, the development potential, and addressed several traffic concerns. Chairman Larrick asked for public comment against the proposal and Mr. Zack Smith, adjoining property owner, and Mr. Martin Gavis, owner of Marty's Used Cars, stated their concerns regarding drainage and stormwater management, backfill problems on the lot over the years, and additional traffic on Lee Avenue. There was also some question regarding the posting of the property. DISCUSSION Discussion followed on building footprints, the water situation, engineering opportunities for improvement, whether there are any provisions in the County Code for maintaining the screening, homeowners' associations, and traffic. Further discussion involved the possibility of a ten -year bond for the landscaping. Mr. Rinker expressed that there were other options available for this property and there was no actual hardship in this situation. Mr. Rinker offered the motion to deny both portions of the variance; the motion was seconded by Ms. Mather. The motion for denial passed by the following vote: AYES Mr. Rinker, Mr. Malcolm, Mr. Perry, Chairman Larrick, Ms. Mather NAYES Mr. Wells, Mrs. Catlett Frederick Co. Board of Zoning Appeals Minutes of August 20, 2002 Minutes Book Page 1158 BE IT RESOLVED, THEREFORE, That Variance #I1 -02 of David L. Goode for a 50 -foot buffer distance variance for the 100 -foot residential buffer required against the Star Fort Estates subdivision; and a 95 -foot buffer distance variance for the 100 -foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue, was denied by majority vote. Variances #14 -02, #15 -02 and #16 -02 of Glenn and Hattie Borror, submitted by Greenway Engineering, for a 25' front yard, 40' left side yard and 25' rear yard setback variance to enable the creation of a buildable lot. The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756) and identified with Property Identification Numbers 76- 5-63A; 76 -5 -61; and 76 -5 -59 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Davenport presented his staff report on all three variances as a whole; however, he noted that the Board may wish to vote separately on each application. He explained the applicant's desire to utilize boundary line adjustments and lot consolidations to create three buildable lots. Staff conclusion was that strict application of the Zoning Ordinance in this case would create an undue hardship, and granting these variances would be justified. Mr. Darren Foltz, of Greenway Engineering, was present to represent the applicant. He concurred with the staff report as given and offered to answer any questions. Mr. Perry asked about the size of the footprint for the proposed houses. Mr. Foltz replied that they intended to place homes consistent in size and style with Canter Estates, and would be approximately 60 feet wide. Mr. Foltz added that if the lots were left as they are, they could theoretically] place mobile homes on each lot; however, they felt that it would be more equitable to the adjoining property owners (and the neighborhood as a whole) to do the lot consolidations. There were no citizens present to speak against the requests. DISCUSSION Mr. Davenport reminded the Board that these properties were zoned RA (Rural Areas) and that mobile homes are an allowable home type in that Zoning District. There was a brief discussion on the size and shape of the lots and what the allowed development was but for the most part, the Board members commended the applicants for presenting a plan that would be the most suitable for the area and the adjoining property owners. Mr. Perry suggested consolidating the Board's action to include all of the requests, and made a motion to grant all three Variances, #14 -02, #15 -02 and #16 -02, with the restriction that any dwelling constructed on these lots will comply with RP (Residential Performance) Zoning District requirements. Mr. Wells made the second, and the motion passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Variances #14 -02, #15 -02 and #16 -02 of Glenn and Hattie Borror, submitted by Greenway Engineering, for a 25' front yard, 40' left side yard and 25' rear yard setback variance to enable the creation of a buildable lot, were unanimously Frederick Co. Board of Zoning Appeals Minutes of August 20, 2002 Minutes Book Page 1159 approved with the restriction that any dwelling constructed on these lots will comply with RP Residential Performance) Zoning District requirements. OTHER BUSINESS Mr. Davenport told the Board that he was still trying to get in touch with Michael Chandler regarding the training session for BZA members. To date, Mr. Davenport has not been able to reach him but will continue to try. There being no further business at hand, the meeting adjourned at 5:15 p.m. by unanimous vote. Respectfully submitted, Jai5eskLarrick, Jr., Chairman Caro of ; — retaty Frcderick Co. Board of Zoning Appeals Minutes of August 20, 2002 Minutes Book Page 1 160 4