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BZA 01-18-05 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 18, 2005. PRESENT Theresa Catlett, Vice Chairman, Opequon District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; and, Dudley Rinker, Back Creek District. ABSENT: Robert W. Wells, Mcmber -At- Large; Kevin Scott. Shawnee District. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Vice Chairman Catlett at 3:25 p.m. ELECTION OF OFFICERS Vice Chairman Catlett asked for a motion for the election of the Chairman, Vice Chairman and Secretary for the Board. Mr. Rinker made a motion to nominate Vice Chairman Catlett for Chairman, Mr. Perry seconded the motion and it passed unanimously. Mr. Rinker made a motion to nominate Mr. Perry as Vice Chairman, Ms. Mather seconded the motion and it passed unanimously. Mr. Rinker made a motion to nominate Bev Dellinger for Secretary, Mr. Perry seconded and the motion passed unanimously. TIME. DATE AND PLACE DESIGNATION FOR THE BOARD OF ZONING APPEALS MEETINGS Mr. Cheran stated that the meetings will be held at 3:25 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia, on the third Tuesday of each month. Mr. Perry seconded the motion and it passed unanimously. NOVEMBER 16, 2004 MINUTES On a motion by Mr. Perry, the minutes for the November 16, 2004 meeting were unanimously approved as presented. Chairman Catlett asked the cut -off date for the next meeting and Mr. Cheran responded that January 21" is the cut -off date for the February 15th meeting. Mr. Cheran further stated that as of this date, there are no applications pending. Mr. Cheran further stated that after the Closed Session today, there probably will be one. PUBLIC HEARING Variance Request 408 -04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A -1 -30 in the Frederick Co. Board of Zoning Appeals Minutes of January 18, 2005 Minute Book Page 1265 Opequon Magisterial District. ACTION - VARIANCE TABLED Chairman Catlett stated that for reasons of an employer business conflict, she will abstain from the two variance requests from David Hicks. Chairman Catlett turned the meeting over to Vice Chairman Perry. Vice Chairman Perry asked to hear from staff. Mr. Cheran gave the background information. This application is for a variance for property located in the 2200 block of Front Royal Pike in the Opequon Magisterial District. This property is currently zoned RA (Rural Areas) and the land use is vacant. The surrounding property is zoned RA and RP Residential Performance) and the land uses are vacant, residential and school. The applicant is requesting a 40 foot side yard variance on both sides. This property was created in 1946 as noted by the deed and plats included in the agenda. Frederick County adopted a comprehensive zoning in 1967. The Frederick County historical map shows this property was zoned A -2 in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet from the front and sides. Frederick County amended its Code in 1989 to change the A -] and A -2 zoning districts to the current RA (Rural Areas) zoning districts. The current setbacks for a property in the RA zoning district abutting lots with residential use are 60 feet front, 50 feet on the rear and sides. Mr. Cheran further stated that the Code of Virginia, Section 15.2- 2309(2) states that no variance should be authorized by the Board unless it finds that (a) strict application of the Ordinance would produce an undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, (c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 40 feet on the sides of this property. Should this variance be granted, the building setbacks for this property would be 60 feet from the front, 10 feet from the sides and 50 feet from the rear as noted in the plat submitted with the application. It appears that this variance meets the intent of the Code of Virginia, Section 15.2- 2309(2) and the request for a40 foot variance from the current setbacks of the RA zoning district may be justified. Should this variance be granted, it will allow having the similar setbacks of the adjacent properties, with structures built prior to the current zoning ordinance. Vice Chairman Perry stated that atthis time, it should be mentioned that the applicant will need a positive vote from everyone on the Board who is voting, and if the applicant would like to postpone the hearing until the next meeting, when all members may be present, that is certainly within his right. Mike Ariz of Artz & Associates approached the podium. Mr. Artz asked if the vote is a tie, what does that mean. Chairman Catlett stated that he would need all four votes in his favor. Mr. Rinker stated that if the full Board of seven members were here, the applicant would need four positive votes out of the seven. But since there are only five members present, and one is abstaining, he would need four positive votes out of four. Mr. Rinker asked if both variance applications are side by side and the same scenario. Mr. Cheran replied that is correct. Mr. Artz asked the Board if there were any objections. Vice Chairman Perry stated that he would object to the 40 foot variance when he only needs 39 feet. Mr. Artz said he didn't Frederick Co. Board of Zoning Appeals Minutes of November 18, 2004 Minute Book Page 1266 understand and Mr. Perry said that according to the 28 foot house and the 50 foot lot, 10 feet is needed on each side, and you only need 39 feet. Mr. Artz stated he understood. He said he showed the house only as an example. Mr. Artz felt the best thing to do would be to table the request. Mr. Rinker made a motion to table variance request 08 -04, Ms. Mather seconded the motion and it passed unanimously. PUBLIC HEARING Variance Request 909 -04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A -1 -30 in the Opequon Magisterial District. ACTION - VARIANCE TABLED Mr. Rinker made a motion to table variance request 09 -04, Ms. Mather seconded the motion and it passed unanimously. Vice Chairman Perry turned the meeting back to Chairman Catlett. In accordance with the Code of Virginia, 1950, as amended, Section 2.2 -3711, Subsection A. (1) and (7). Mr. Rinker made a motion that the Board go into Closed Session, and the motion was seconded by Mr. Perry. The vote was unanimous. CLOSED SESSION Mr. Rinker made a motion that the Board come out of Closed Session, stating in accordance with the Code of Virginia, 1950, as amended, Section 2.2 -3711, Subsection A, (1) and 7), there was nothing discussed in the Closed Session that the Board was not authorized to discuss. Ms. Mather seconded the motion. The roll call vote was as follows: Mr. Rinker, aye; Ms. Mather, aye; Mr. Shenk, aye; Mr. Perry, aye; and, Ms. Catlett, aye. NEW BUSINESS Mr. Cheran stated that staff had put together a Resolution of Appreciation for Mr. James Larrick, Jr., former Chairman of the BZA. Mr. Cheran read the Resolution into record (copy attached). Mr. Cheran asked the members to sign the Resolution and staff will present it to Mr. Larrick. Mr. Cheran introduced Mr. Dwight Shenk, who was appointed from the Gainesboro District, to replace Mr. Larrick. As there were no other items to be discussed, the meeting adjourned at 4:15 p.m. by unanimous vote. Frederick Co. Board of Zonin r Appeals Minutes of November 18, 204 Minute Book Page 1267 Respectfully submitted, Teresa B. Catlett, rhairman Bev Dellinger, Secretary 11 Frederick Co. Board of Zoning Appeals Minutes of November 18,201T4 Minute Book Page 1268 f •, . PI BOARD OF ZONING APPEALS 107 N. Kent Street Winchester, VA 22601 FAX: 540 /665 Resolution of Appreciation Honoring JAMES LARRICK, Jr. WHEREAS, James Larrick, Jr., served as a member of the Frederick County Board of Zoning Appeals from the date of his appointment by the Frederick County Circuit Court in December 1995, and as Chairman of said Board from the date of his election in August 2000, until his resignation effective December 2004; and, WHEREAS, during the period of his membership on the Board, James Larrick, Jr., served dutifully, demonstrating both great insight into the issues which faced the Board, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Board of Zoning Appeals wish to express their gratitude to James Larrick Jr., and recognize his many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, That on this 18th day of January 2005, the Frederick County Board of Zoning Appeals does hereby officially express its sincere thanks to James Larrick, Jr. for his commitment to sound planning, participation in activities of the Board of Zoning Appeals, and his overall dedication to the County of Frederick. s wight Shenk Cainesboro District PdM H. Rinker Back Creek District Theres B. Catlett Opequon District Kevin C. Scott Shawnee District Ro ert B. Perry St ewall District Robert W. Wells At Large Mark R. Cheran Zoning Administrator is w Lennie Mather Red Bud District i Bev Dellinger BZA Secretary