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BZA 06-18-02 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 June 18, 2002. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, Red Bud District also representing Shawnee District); Robert Perry, Stonewall District; and Robert W. Wells, Member -At -Large ABSENT Dudley Rinker, Back Creek District; Theresa Catlett, Opequon District; Lennie Mather, Red Bud District STAFF PRESENT Patrick T. Davenport, Zoning Administrator; Beth A. Hall, Secretary I (filling in for Carol Huff, BZA Secretary) CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:40 p.m. (The delay was necessary to allow for a sufficient number of members to be present for a quorum.) Chairman Larrick informed the Board that Variance #11 -02, David L. Goode, would not be heard at this meeting, as the applicant requested a postponement until the August 20, 2002 meeting. May 21, 2002 MINUTES The minutes for the May 21, 2002 meeting were approved by unanimous vote after a motion by Mr. Malcolm and a second by Mr. Perry. PUBLIC HEARING (tabled from the May 21, 2002 meeting) Variance 909 -02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single - family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 27, and is identified with Property Identification Number 5313-2 -27 in the Back Creek Magisterial District. Variance #10 -02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single - family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 28, and is identified with Property Identification Number 53B -2 -28 in the Back Creek Magisterial District. Frederick Co. Board of Zoning Appeals Minutes of June 18, 2002 Minutes Book Page 1151 ACTION - APPROVED AS AMENDED Variance #09 -02 and #10-02 were being heard again so that the Board would have an opportunity to review the house plans for the two lots. Mr. Davenport briefly went over the new information which the applicant had provided Chairman Larrick asked for public comment and Mr. Darren Foltz, of Greenway Engineering, said that he was available for questions. Mr. Foltz stated that they had prepared the final plats which showed the "footprints" for each house. Chairman Larrick asked if anyone was present to speak against the variances and the following persons came forward: Mr. Tim Butcher, 113 Stonewall Drive, stated that he has lived there for 13 years and strongly objects to even a 12 -foot variance being granted. He wants the 50 -foot setbacks enforced. He does not want to live that close to another house, and objects to the installation of two more septic systems. Chairman Larrick explained the concept of "a regulatory taking" and the reasoning behind why the County has to allow the applicant something in this case. Patricia Smith stated that she has lived there since 1974 and agrees with all of the points that Mr. Butcher put forward. She then asked where the garages were going to be placed. She also questioned why the applicant couldn't be required to combine the two lots and build one house which would conform to the setback requirements. Lisa Butcher stated that she wanted to reinforce what the previous speakers had said. She said that other home builders had tried to keep at least a 25 -foot distance between them. She said that many of the homes were smaller in order to keep a distance from the next house. DISCUSSION Board members discussed at length various options for keeping the houses further away from the immediate adjoiners, such as a staggered placement (one house further back than the other one), or excluding the garage, but still allowing the applicant to build the house he had chosen. On a motion made by Mr. Perry and seconded by Mr. Malcolm, the applications were approved, as amended, as follows: For Variance #09 -02 (Lot 27), the Board granted a left side variance of 30 feet and a right side variance of 40 feet. For Variance #10 -02 (Lot 28), the applicant was granted a 40 -foot variance on the left side and a 30 -foot variance on the right side. In this way, the houses would be closer to each other rather than closer to the neighbors, if the applicant decides to build two houses instead of one house on two lots.. The vote was unanimous in favor of this decision. BE IT RESOLVED, THEREFORE, That Variance #09 -02 and 910 -02 of Rick Frederick Co. Board of Zoning Appeals Minutes of June 18, 2002 — Minutes Book Page 1152 Lafollette for property in the Stonewall Orchard Subdivision are approved as amended: Lot 27 was granted a left side variance of 30 feet and a right side variance of 40 feet; Lot 28 granted a 40 -foot variance on the left side and a 30 -foot variance on the right side. Variance #12 -02 of Alice L. Good for a 32 -foot front yard setback variance from a private right - of -way for a proposed addition to an existing residential dwelling. This property is located at 206 Ritter Road and is identified with Property Identification Number 87A -1 -39 in the Shawnee Magisterial District. Mr. Davenport presented the background information on the variance request. He concluded by stating that due to the unique circumstances surrounding this property, the granting of this variance would be appropriate. Mr. Walter Goode represented the application. He stated that they were seeking the variance in order to care for his mother, who was in failing health. There was no one present to speak against the variance request. DISCUSSION There was only one question regarding Breezy Acres Lane and whether it carried much traffic. There were no other comments. On a motion by Mr. Wells and a second by Mr. Malcolm, the variance was approved by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance #12 -02 of Alice L. Good for a 32 -foot front yard setback variance from a private right -of -way for a proposed addition to an existing residential dwelling was approved as requested by unanimous vote. OTHER Mr. Davenport told the Board that he has been unable to reach Mr. Mike Chandler, Extension Specialist, regarding the proposed Board ofZoning Appeals seminar. He said that he would continue to pursue the matter and would present the information as soon as it is available. There being no further business at hand, the meeting adjourned at 4:15 p.m. by unanimous vote. Respectfully submitted, 1 n /I JamesVLarrick, Jr., Chairman lid Car u f, Secreta Frederick Co. Board of Zoning Appeals Minutes of June 18, 2002 _ Minutes Book Page 1153