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BZA 06-17-03 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 June 17, 2003. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Vice Chairman, Opequon District; Thomas Malcolm, Shawnee District; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Robert W. Wells, Member -At -Large STAFF PRESENT Patrick T. Davenport, Zoning and Subdivision Administrator; Bev Dellinger, BZ_A Secretary. CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MARCH 18. 2003 MINUTES On a motion by Mr. Perry and seconded by Mr. Malcolm, the minutes for the March 18, 2003 meeting were approved as presented. PUBLIC HEARING Variance 905 -03 of Aaron N. Tweedie for a 25 -foot and a 52 -foot front yard setback variance for a corner -lot parcel for the construction of a primary residence. This property is located on Retreat Lane in the Shockeysville area of Frederick County. The subject property is identified with Property Identification Number 8- 1 -4 -14A in the Gainesboro Magisterial District. ACTION - APPROVED Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. After describing the setbacks and circumstances regarding this request, Mr. Davenport told the Board that his site visit to this property confirmed the applicant's assertion that the majority of the property does contain topography that can be considered exceptional in nature. It is staff s opinion that, due to the existing topographic conditions of this site, granting of this variance as submitted would be appropriate. Chairman Larrick asked if there were any questions for Mr. Davenport, and Ms. Catlett responded not at this time. Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 1 Minutes Book Page 1179 Chairman Larrick asked the applicant to identify himself, which he did, as Aaron Tweedie, Chairman Larrick asked Mr. Tweedie if there was any information he would like to impart to the Board. Mr. Tweedie stated that the right -of -way known as Turkey Ridge Drive and Deer Run Drive have both been obstructed and unused since September 13, 1996, and there is an Affidavit from the previous property owner to state this fact. Mr. Tweedie went on to say, as Mr. Davenport stated, that with the topography, there is no place else on this property to build because of the steep ravine, a creek running through the bottom, and there are only two level spots on the whole property. Chairman Larrick asked if Deer Run Drive is part of the subdivision and Mr. Tweedie stated that it is part of the original subdivision road which was made in 1975. Mr. Tweedie displayed some pictures of the intersection of Deer Run Drive and the new right -of -way which links up Turkey Ridge Drive to Deer Run Drive, showing that the road on the right is in use, it goes up the hill; the one that meanders off to the west is not in use and hasn't been in use for quite a while. Mr. Tweedie also displayed pictures of Turkey Ridge Drive, showing that basically these are paper roads, not roads which are in use. There was also a picture showing the obstruction on Turkey Ridge Drive. Chairman Larrick asked if there are any improvements on the property. Mr. Tweedie stated that he has excavated for a basement. He has not been to a financial institution yet to obtain financing because he realized the fact this is a paper road could lead to a financing problem. Chairman Larrick asked if Mr. Tweedie owns Lot 20 and Mr. Tweedie answered that he owns Lots 20, 21 and 14A. Mr. Malcolm asked if Lot 20 is a building lot. Mr. Tweedie replied that all three lots are buildable; however, he is putting his residence on Lot 14A. Mr. Tweedie stated that when the right -of -way was made in 1996, they effectively linked up Deer Run Drive with Turkey Ridge Drive, skirting the edge of Lot 14A, so that there wouldn't be a need to traverse the middle of the property of Lot 14A. Mr. Perry asked for the distance from the house site to the drainfield site and Mr. Tweedie responded that he was unsure. Mr. Perry said it looks like it's downhill and then back uphill again, and Mr. Tweedie said it is. Mr. Tweedie said that basically he has to have the septic running down, off to the side of the old right -of -way. The septic will be near the pond and it will have to be pumped back uphill to the drainfield. Mr. Rinker asked if the Affidavit from the Browns supported Mr. Tweedie's variance. Mr. Tweedie stated that it did. Ms. Catlett asked why Deer Run Drive is no longer a legal road any longer; because that is how she is interpreting what Mr. Tweedie is saying, that it would no longer be used as a road. Mr. Davenport responded that when a right -of -way exists on paper, whether it is there in reality or not, Zoning requires a setback from the right -of -way. The way to remove that would be for Mr. Tweedie and the property owners that would benefit from it if it was a road, there is an exercise to vacate it. Since it is now marginally a path at best, it is still a right -of -way and considered the same as a state road. Ms. Catlett asked if there is anything in the works to have it vacated. Mr. Tweedie answered Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 2 Minutes Book Page 1180 no, there is not. He did look into that; however, it would require his getting in touch with 28 people in the subdivision and getting notarized signatures from all 28 people. If the road was in use, he would have pursued that; however, since it hasn't been in use, he did not pursue it. Mr. Perry asked if that had to be done to make the variance viable. Mr. Davenport responded not necessarily; the variance could still be granted with the right -of -way in place. Mr. Perry asked if it is recorded as a public right -of -way. Mr. Davenport answered that it is a private right -of -way for the benefit of the other lots that may access it, but not a public right -of- way. Mr. Davenport stated that, theoretically, the Gregory parcel to the north of Mr. Tweedie's property could benefit from that right -of -way. Mr. Tweedie added that this was the road the Gregory lot would use in the 70's, but the little private road displayed in the picture is the Gregory's driveway. Chairman Larrick stated that if the right -of -way was vacated, Mr. Tweedie would probably not need the variance; however, Mr. Tweedie is not requesting that the right-of-way be vacated. Chairman Larrick asked if there were any more questions and if Mr. Tweedie had anything to add. The Board and Mr. Tweedie did not have anything further to add. There was no one else present to speak for or against the application; therefore, the public portion of the hearing was closed. DISCUSSION Chairman Larrick asked if there was any discussion among the members of the Board. There was no response. Chairman Larrick asked for a motion. Ms. Catlett made a motion to approve the variance request as submitted; Mr. Perry seconded the motion, which passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance Application #05 -03 of Aaron N. Tweedie was unanimously approved for a 25 -foot and a 52 -foot front yard variance for a corner -lot for the construction of a primary residence. OTHER BUSINESS Chairman Larrick asked Mr. Davenport for the cut -off date for the next BZA meeting and Mr. Davenport responded that it is Friday, June 20` , and that two appeal applications are on the agenda. Chairman Larrick asked Mr. Davenport the date of the next BZA meeting, and Mr. Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 3 Minutes Book Page 1181 Davenport answered the date is July 15 Chairman Larrick stated for the benefit of the Board, and specifically for the Vice Chairman, that there is going to be one matter next month in which he will be unable to participate. Mr. Davenport introduced Bev Dellinger as the current Secretary for the Board of Zoning Appeals, as Carol Huff has been promoted to another position. Mr. Rinker stated that Ms. Huff was made Secretary by the Board last January, and there should be a transfer of powers to Ms. Dellinger. Mr. Rinker moved to elect Ms. Dellinger as BZA Secretary; Mr. Perry seconded, which passed by unanimous vote. 0 Mr. Davenport asked if everyone received a copy of the Legal Determination that Mr. Mitchell prepared regarding the appropriateness of contact outside of Public Hearing. Mr. Davenport stated that this is for the Board's information, if anything should come up. Chairman Larrick stated this brings up the issue of if the Board wants to have a policy with respect to that. He stated it may be something to think about. Chairman Larrick likes the fact that you can talk to people informally, but the world is getting more formal than it used to be. Mr. Malcolm asked what brought the opinion about; did someone request it? Ms. Catlett stated that when she, Ms. Mathers and Mr. Perry attended the seminar in Leesburg recently, it was brought up that there should be no discussion among any of the Board members or that the Board members should not discuss with any of the other parties - applicants, etc. Chairman Larrick stated that unless someone wants to make a motion today, the Board members should think about whether or not a policy is needed. Mr. Davenport asked if anyone was interested in having Adelphia Cable televise the BZA meetings. The Board responded no, they did not wish the meetings to be televised. There was no other new business; therefore, the meeting adjourned at 3:45 p.m. by unanimous consent. Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 2 Respectfully submitted, James 11 Larrick, Jr., Chairman Bev Dellinger, Secretary Minutes Book Page 1 182