BZA 01-21-03 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 January 21, 2003.
PRESENT 'James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing
Shawnee District); Dudley Rinker, Back Creek District; Lennie Mather, Red Bud
District.
ABSENT Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District;
and Robert W. Wells, Member -At- Large.
STAFF
PRESENT Patrick T. Davenport, Zoning and Subdivision Administrator; Rebecca A. Ragsdale,
Planner 1: Carol I. Huff, BZA Secretary
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:25 p.m.
is
ELECTIONS OF OFFICERS FOR 2003
Chairman Larrick called for nominations for the year of 2003. Mr. Rinker made a
motion to re -elect the same roster as was in place in 2002 as follows: Chairman: James Larrick, Jr.;
Vice Chairman: Teresa Catlett; Secretary: Carol Huff. The motion was seconded by Mr. Malcolm and
passed by unanimous consent.
BE 11' RESOLVED, THEREFORE, that the following persons are hereby re- elected to serve
in their present capacity in the year 2003 on the Frederick County Board of Zoning Appeals:
Chairman, James Larrick, Jr.; Vice Chairman, Teresa Catlett; Secretary, Carol Huff.
PUBLIC HEARING
Appeal Application #01 -03, submitted by P. James Riley, to appeal a violation of the Zoning
Ordinance, §165 -50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning
Country Boys Auto Sales." This property is located at 5058 Front Royal Pike and is identified
with Propert Identification Numbers 94A -1 -5 -7 through 94A- 1 -5 -18; 94A -1 -6 -7 through 94A-
1-6-18; and 94A- 1- 12A -12 and 94A- 1- 12A -13 in the Opequon Magisterial District.
Frederick Co. Board ol'Zoning Appeals
Minutes of.lanuun 21.2003 MInWCS Book Page 1166
ACTION - TABLED UNTIL FEBRUARY 18, 2003
Mr. Douglas Harold, the attorney representing Country Boys Auto Sales, explained
to the Board that he had requested in writing for this public hearing to be postponed one month;
however. Mr. Davenport had informed him that he did not have the authority to grant such a request
and that it would need to be brought before the Board of Zoning Appeals.
Chairman Larrick told those persons in attendance that in the absence of several Board
members, as was the case this day, the applicants had the option of requesting a tabling. This option
would give them more of a fair chance when the matter comes to a vote.
Mr. Harold stated that his clients were in favor of tabling as they were not fully
prepared to present. He said that Mr. Riley's major issue is the violation which currently exists and
that Mr. Riley has been working with John Trenary to bring the recent building construction into code
compliance. Mr. Harold asked the Board if it was their intention to shut his client's business down.
He said they did not want to spend an enormous amount of money on engineers and contractors to
come into compliance if the Board planned to shut them down.
Chairman Larrick told Mr. Harold that the Board of Zoning Appeals did not have the
power to shut "Country Boys Auto Sales" down and that whateveroutcome occurs would be the same
as if they had never appealed to the Board.
Mr. Davenport clarified by quoting from the State Code, Section 15.2 =231 1, "an appeal
shall stay all proceedings and furtherance of the action appealed." In other words, any further action
is frozen' until the appeal is heard and acted upon.
Mr. Harold still wanted to know if Mr. Riley was going to have to shut down his
business. Chairman Larrick repeated that the BZA could not make that determination and that it
would be up to the Planning Department.
Mr. Davenport once again referenced the State Code, saying that Section 15.2 -2312
requires the Board to make a decision within 90 days of filing the application or appeal.
After some discussion regarding Mr. Harold's possible unavailability in March and the
option of calling a special meeting, Mr. Harold agreed to have the matter tabled for one month
February 18, 2003].
Mr. Rinker made the motion to continue the "Country Boys Auto Sales" Appeal to the
February 18, 2003 meeting; Ms. Mather offered the second. The motion passed by unanimous vote.
BE IT RESOLVED, THEREFORE, That Appeal Application #01 -03, submitted by P..lames
Riley, to appeal a violation of the Zoning Ordinance, §165 -50, Permitted Uses in the RA (Rural
Areas) Zoning District, concerning "Country Boys Auto Sales" is hereby tabled until February
18, 2003.
Frederick Co. Board ofZ_oning Appeals
Minutes ofJanuary 21 2003 Minutes Book ['age 1167
rAppeal Application #02 -03, submitted by Bowman Consulting Group, Ltd., to appeal three
violations of the Zoning Ordinance, §165 -147; §165- 27E(1) and §165- 27E(2), pertaining to site
plan requirements and surface and parking space demarcation requirements at Allied Systems
Corporation. This property is located at 1936 Millwood Pike and is identified with Property
Identification Numbers 64 -A -80F and 64 -A -81A in the Shawnee Magisterial District.
ACTION -TABLED UNTIL FEBRUARY 18, 2003
Mr. Claus Bader of Bowman Consulting Group, Ltd. and representative for Allied
Systems Corporation, stated that they are in the process of developing a site plan for the Allied
Systems Corporation property which is the subject of the appeal. Mr. Bader explained that this appeal
results from a zoning violation letter Allied Systems received but they are working with the Planning
Department on resolving the issues outlined in the letter. The purpose of the appeal, therefore, is to
stay any further action by the Planning Department until the site plan can be completed and
administratively approved by staff. Mr. Bader stated that he and his clients would be in favor of
continuing, or tabling_ the appeal until next month.
Mr. Rinker made the motion to continue the Allied Systems Corporation Appeal to the
February 18, 2003 meeting; Ms. Mather seconded. The motion passed by unanimous vote.
BE IT RESOLVED, THEREFORE, That Appeal Application #02 -03, submitted by Bowman
Consulting Group, Ltd., to appeal three violations of the Zoning Ordinance, §165 -147; §165 -
27E(1) and §165- 27E(2), pertaining to site plan requirements and surface and parking space
demarcation requirements at Allied Systems Corporation, is hereby tabled until February 18,
2003.
NOVEMBER 19, 2002 MINUTES
There were no additions or corrections to the 11/19/0 minutes; therefore, Mr. Rinker
moved that they be approved as sent. Ms. Mather seconded. The minutes for the November 19, 2002
meeting were approved as sent by unanimous vote.
OTHER BUSINESS
Mr. Davenport told the Board for their information that the David L. Goode case was
being appealed to the Circuit Court. Also, Mr. Mike Chandler is going to be in Leesburg in March,
at the Virginia Association of Zoning Officials Conference, one portion of which is a BZA training
session. Mr. Davenport stated that the money is available in the budget to get everyone registered,
for any member who is interested. More information will be mailed to all of the members as soon as
Frederick Co. Board of Zoning Appeals ,
Minutes of lanuary 21. 2003 Minutes Book Page 1168
As there were no other items to be discussed, the meeting adjourned at 4;00 p.m. by
unanimous vote.
Respectfully submitted,
J e Lamck, Jr., Chairman
V
Carol L Huff, Secr fq
Frederick Co. Board of Zoning Appeals
Minutes of January 21, 2003 Minutes Book Page 1169