BZA 03-19-02 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 March 19, 2002.
PRESENT James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District;
Thomas Malcolm, Red Bud District (also representing Shawnee District); Robert
Perry, Stonewall District; and Theresa Catlett, Opequon District
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.
JANUARY 15. 2002 MINUTES
The minutes for the January 15, 2002 meeting were approved by unanimous vote after
a motion by Mr. Rinker and a second by Mr. Perry.
WITHDRAWAL OF VARIANCE #02 -02
The Board acknowledged the receipt of a letter submitted by Mr. Ed Dove of Dove
Family Co., LLC, requesting the withdrawal of Variance #02 -02 which was tabled at the January 15,
2002 meeting. The Board formally accepted the withdrawal request by unanimous consent.
PUBLIC HEARING
Variance #03 -02, Westside Station, Lot 17, submitted by Harrison & Johnston, for 10 -foot front
setback variances on three sides of Lot 17 to enable a buildable lot for the construction of a
single- family residence. The property is located at the corner of Colin Drive and Colin Court
at Westside Station, Lot 17, and is identified with Property Identification Number 53E- 1 -2 -17
in the Back Creek Magisterial District.
ACTION - APPROVED
Mr. Davenport presented the background information on the application. Lot 17 at
Frederick Co. Board of Zoning Appeals
Minutes of March 19, 2002 Minutes Book Page 1138
Westside Station was approved in 1988. This particular lot is unique in that it is encumbered by a
three -sided front setback. Additionally, the deed covenants require that a minimum square footage
house be constructed and that is not possible under the current setback requirements.
Mr. Bill Tisinger, of Harrison & Johnston, stated that the lot is owned by TIBOW and
that this variance was necessary to build a house that would meet the restrictive covenant. He pointed
out that the Board had a plat which showed the footprint for the house being proposed.
Mr. Henri Perreault, adjoining property owner of Lot 18, stated that the property is
actually in the Shawnee District, not Back Creek, and that it changed when the redistricting was
approved. He was opposed to a two -story house being built on Lot 17 because it is the highest
elevation and it would "tower over" the rest of the subdivision.
Chairman Larrick reminded all those present that the Board could only approve or
disapprove the variance request; not the house design.
Mr. Brian Davet, adjoining property owner of Lot 4, wants to see what the house w i l l
look like before it is built. He stated that he agreed with Mr. Perreault's comments that a two -story
home would not look right on that lot.
Mr. Tisinger came back to the podium to point out that in order to meet the restrictive
covenant, the house would have to either be a one -story 1,600 s.f. or a two -story 2,000 s.f. building.
There were no more public comments. After a brief discussion by the Board members
regarding this type of lot not being approved by today's standards, staff confirmed that this type of lot
would never be approved under today's standards.
Mr. Malcolm made a motion to approve the variance as requested. After a second by
Mrs. Catlett, the application was approved by unanimous vote.
BE IT RESOLVED, THEREFORE, That Variance 903 -02 for Westside Station,
Lot 17, was approved as requested for 10 -foot front setback variances on three sides of Lot 17
to enable a buildable lot for the construction of a single - family residence.
Variance #04 -02, Denver and Cathy Quinnelly, submitted by Greenway Engineering, for a 20-
foot front yard setback variance and a 15 -foot side yard setback variance to allow additions to
an existing residential structure. The property is located at 446 Fromans Road and is identified
with Property Identification Number 71 -A -32A in the Back Creek Magisterial District.
ACTION - APPROVED
Mr. Davenport gave the background information on the Quinnelly's request. The
property is restricted by topographical conditions and a thru -lane which is considered a right -of -way
creating a front setback of 60 feet. These conditions make it necessary to seek a variance in order to
construct an addition to the structure. Due to the existing site conditions, Mr. Davenport stated that
granting the variance would be justified.
L Co. Board of Zoning Appeals
of March 19. 2002 Minutes Book Page 1139
Mr. Mark Smith, ofGreenway Engineering, represented Denver and Cathy Quinnelly.
Mr. Denver was present to answer any questions. Mr. Smith stated that they had investigated every
other possibility to avoid asking for a variance; however, as staff had already explained, the
topographical conditions made that impossible. He referred to the photographic attachments to the
application which clearly showed the steep cliff and other site conditions.
There were no other public comments; therefore, Chairman Larrick closed the public
hearing portion of the meeting.
DISCUSSION
Mrs. Catlett asked Mr. Quinnelly if they had considered building up rather than out.
Mr. Quinnelly said that they had considered that option; however, the house was built of log and stone
which would not support a second story and they would have to tear the house down and completely
rebuild it in order to do that.
There was no further discussion on this application. Chairman Larrick called for a
motion.
Mr. Rinker moved to approve the variance as requested. Mr. Perry made the second
and the motion passed by unanimous vote.
BE IT RESOLVED, THEREFORE, That Variance #04 -02, Denver and Cathy
Quinnelly, was approved as requested for a 20 -foot front yard setback variance and a 15 -foot
side yard setback variance to allow additions to an existing residential structure.
OTHER
A brief discussion was held regarding the appointment of two new members to the
Board of Zoning Appeals. These appointments by the Frederick County Board of Supervisors were
Ms. Lennie Mather for the new Red Bud District; and Mr. Robert Wells as an at -large member,. The
new members were present as observers at the meeting, and would take active roles next month after
official appointment and swearing in by the Circuit Court.
There being no further business at hand, the meeting adjourned at 4:00 p.m. by
unanimous vote.
Respectfully submitted,
James ar ick, Jr., Chairn an
C Y. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of March 19, 2002 Minutes Book Page 1140