BZA 11-18-03 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 November 18, 2003.
PRESENT James Larrick, Jr., Chairman, Gainesboro District;; Dudley Rinker, Back Creek
District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Theresa
Catlett, Vice Chairman, Opequon District; and, Robert W. Wells, Member -At- Large.
ABSENT: Thomas Malcolm, Shawnee District
STAFF
PRESENT Patrick T. Davenport, Zoning and Subdivision Administrator; Mark Cheran, Planner
I; and, Bev Dellinger, BZA Secretary
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:25 p.m.
OCTOBER 21, 2003 MINUTES
On a motion by Mr. Perry and seconded by Mr. Wells, the minutes for the October 21,
2003 minutes were approved as presented.
PUBLIC HEARING
Appeal Application #13 -03 of Hodgson Construction, to appeal the decision of the Zoning
Administrator in the administration of the Zoning Ordinance pertaining to permitted uses in
the B3 zoning district. This property is located at 221 Commonwealth Court, and is identified
with Property Identification Number 63 -A -91C in the Shawnee Magisterial District.
ACTION - APPEAL TABLED FOR SIXTY (60) DAYS
Mark R. Cheran, Planner I, gave the background information. Mr. Hodgson submitted
a site plan for an indoor sports facility that was approved by staff on November 6, 2002. This site plan
was for an indoor sports facility, on property zoned B3. The site plan does not adequately address in
detail any of the accessory uses that the applicant is appealing. Staff met with Mr. Hodgson on
Monday, November 17, 2003 in an attempt to determine which uses that Mr. Hodgson desires would
be allowable. Mr. Cheran stated that Mr. Hodgson is amenable to requesting this appeal be tabled for
60 days. This would allow Mr. Hodgson time to determine his options as far as permitted uses.
Mr. Hodgson approached the podium and requested that the Board table this appeal for
60 days to allow him time to re- submit a new site plan.
Chairman Larrick asked Mr. Davenport if the Board granted Mr. Hodgson's request,
Frederick Co. Board of Zoning Appeals
Minutes of November 18, 2003 Minute Book Page 1220
Page 2
would he still have the right to appeal. It was determined that the Board has 90 days from the date of
the application to take action, so it would be appropriate to grant Mr. Hodgson's request to table this
appeal.
Chairman Larrick asked the Board members to vote on Mr. Hodgson's request to table
this appeal for 60 days by saying aye for their approval, and it was a unanimous vote.
Chairman Larrick stated that he had received a letter from Mr. Wines, to which all the
Board members responded they also had received the letter. Without going into specifics, Mr.
Davenport stated that the matter addressed in the letter was taken to a subcommittee for a
determination in presenting it to the Board of Supervisors in January or Febuary.
As there were no other items to be discussed, the meeting adjourned at 3:40 p.m. by
unanimous vote.
Respectfully submitted,
James tarrick, Jr., Chairman
Bev Dellinger, Secretary
Frederick Co. Board of Zonine Appeals
Minutes of Ovember 18, 2003 Minute Book Page 1221