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BZA 06-21-05 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 June 21 2005. PRESENT Theresa Catlett, Chairman, Opequon District; Dwight Shenk, Gainesboro District; Robert Perry, Vice Chairman, Stonewall District; and, Lennie Mather, Red Bud District. ABSENT: Dudley Rinker, Back Creek District; Kevin Scott, Shawnee District; Robert W. Wells, Member -At- Large. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Bernard S. Suchicital, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m On a motion by Mr. Perry and seconded by Mr. Shenk, the minutes for the May 17, 2005 meeting were unanimously approved as presented. 0 Chairman Catlett made a statement to the requests before the Board today. She stated that the BZ,A has a seven - member Board; however, that means you need a majority of the votes which is four votes in the applicant's favor. Chairman Catlett said we were not expecting this, but there are only four members today which means that the applicant needs to have all four votes in their favor. The applicant has the option to request their item be tabled to the next meeting. Of course, there can be no guarantee how many members would be present at that time, but it might be in the applicant's favor to have better odds of getting four favorable votes. PUBLIC HEARING Appeal Application 415 -05 of Oak Hill Grocery, submitted by Thomas J. Chasler, Esquire, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to legal non- conforming land use in the RA (Rural Areas) District. The subject property is located at 2708 Berryville Pike, and is identified with Property Identification Number 55 -A -169 in the Red Bud District. ACTION — APPEAL TABLED Mr. Cheran stated that Mr. Chasler is present and he is going to speak to what Chairman Catlettj ust stated about the quorum. Mr. Chasler approached the podium and requested the Board to table this matter until the July 2005 eting. Frederick County Board of Zoning Appeals Minutes ofJune 21, 2005 Minute Book Page 1315 PUBLIC HEARING Variance Request #16 -05 of Stephen & Deborah Slaughter, fora 35 foot side variance on each side and a 25 foot front and rear variance, for construction of a new home. This property is located off of St. Clair Road 677) on Lake Serene Drive, and is identified with property Identification Number 3113-1 -23 in the Gainesboro Magisterial District. ACTION — VARIANCE APPROVED Mr. Suchicital gave the staff report. The applicants are requesting 35 foot side yards variance and a 25 foot front and rear yards variance. Their current setbacks will make it difficult to build a normal sized house. The lot was created in 1972 and was zoned Al (Agricultural Limited), with setbacks of 35 feet front and 15 feet sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District. The current setbacks for property in the RA District abutting lots with residential uses are 60 feet front 50 feet side and rear. The Code of Virginia, Section 15.2- 2309(2), states that no variance shall 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. Should this variance be granted, the building setbacks for this property would be 35 feet in the front, 15 feet on the sides and 25 feet in the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2- 2309(2). This request from the current setbacks of the RA Zoning District may be justified. 0 Mr. Suchictal further stated that two letters were submitted in this matter, one for and one against, the requested variance. Mr. Suchicital displayed pictures of the properly on the screen. Chairman Catlett asked if the cmment width of the lot is 127 feet and Mr. Suchicital replied yes. Chairman Catlett asked if the applicant is present. Mr. Slaughter approached the podium and identified himself. Chairman Catlett asked Mr. Slaughter if lie wanted to go ahead with his presentation today. Mr. Slaughter asked if the Board ruled against him, would he have an opportunity to come back before the Board. Chairman Catlett answered no, he would not. Mr. Slaughter decided to move forward with his request. Mr. Slaughter stated that they bought this lot in 1984 at Lake Serene. When Lake Serene was developed, the setbacks were actually ten feet on the sides and in 1993, they redid the restrictions and covenants and changed them at that point to 15 feet. Mr. and Mrs. Slaughter want to build a normal sized house. That lot is about 127x400 feet long. It drops 75 feet from the road down to the lake. The width of the house is where the problem is; the house when situated on the lot will be far enough from the front and far enough from the back where it's not an issue. To build an 85 foot wide house with a garage and breezeway, with setbacks of 50 feet, they would have to build a house that's 25 feet wide and that would not work. Mr. Slaughter further stated that all the other houses are normally sized in the subdivision. Chairman Catlett asked if anyone else is present to speak in favor of this variance. Frederick Countv Board of Zoning Appeals Minutes ofJune 21, 2005 Minute Book Page 1316 Mr. Donald Vaschon approached the podium and identified himself as a resident of Lake Serene. Mr. 7aschon asked if the variance was for the side, front and rear, even though the lot is 400 feet deep. Why is there a ont and rear variance requested? Mr. Cheran stated that is what the applicant asked for. Mr. Vaschon wanted to go on record that he opposes any change to the front and rear setbacks. Most of the houses on the lake are back from the lake further. The house, with this variance, will allow it to be approximately 25 feet from the lake property line. Mr. Vaschon stated that lie would like to see the County setbacks maintained for the rear setback. The property is cleared; there are no trees, so it would be better for the rest of the residents that it's set back farther than closer. Chairman Catlett asked Mr. Cheran if they are looking at the front setback as being the portion of the property fronting the road and the rear is the lake, and Mr. Cheran stated that is correct. Chairman Catlett again asked if anyone is present to speak in favor of this request. Mr. Slaughter came back to the podium. He stated that with the lake road, to get approval to build the house, he had to submit site plans to the Board of Directors of Lake Serene. In doing that, they signed offal a Board to allow him to build the house. Wendy Jones jotted down on here the side lot 15 feet, lake and road 15 foot minimum, and that is what they had requested simply because that's in the By -laws. That's what they had requested, and when he filled out the application, that's what he put on the application. Mr. Slaughter further stated that his house is going to be probably 250 feet from the lake and better than 125 feet from the road. Chairman Catlett asked Mr. Slaughter if they would be abiding by the current zoning of the 60 foot front and 50 foot rear and Mr. Slaughter replied yes, they would. 0 Mr. Perry asked Mr. Slaughter i fthis is an accurate site plan and Mr. Slaughter replied yes. Mr. Perry asked Mr. Slaughter if he needed the variance on the front and rear, and Mr. Slaughter stated no, he doesn't need that variance. Chairman Catlett asked if anyone else wanted to speak in favor of the request and there was no response. She asked if anyone is present who is opposed to the request. Ms. Cindy Bergman approached the podium and identified herself as the immediate neighbor. Ms. Bergman asked if everyone had a copy of the letter they submitted and Chairman Catlett stated yes, they all have a copy of it. Ms. Bergman stated that basically they have no problem with the front and back and for the variance to be granted they have to see a compelling reason why it would override the good of all of them. They purposely bought all three lots to have as much land as possible and that would put his house way too close on one side. Ms. Berman stated that they prefer that the side variance not be granted. Chairman Catlett asked if anyone else who is opposed would like to speak. No one responded. The public portion of the meeting was closed. DISCUSSION Chairman Catlett stated that it appears to her it would be almost impossible to build the home without it ing some odd looking home, if you have approximately a width of 25 feet to build it. Mr. Slaughter has statedatheactuallydoesnotneedthefrontandtherearvariance, only the side variance. Frederick Countv Board of Zoning Appeals Minutes ofJune'21, 2005 Minute Book Page 1317 Mr. Shenk made a motion to approve the variance request of 15 feet on the sides only. Mr. Perry secondedandthemotionpassedunanimously. OTHER Chairman Catlett asked Mr. Cheran the cut -off date for the next meeting and Mr. Cheran responded that Friday, June 24` is the cut -off. As there were no other items or new business to be discussed, the meeting adjourned at 3:45 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secrets , Frederick Count Board of Zoning Appeals Minutes of June 21, 2005 Minute Book Page 1318