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HomeMy WebLinkAboutBZA 09-20-05 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY 130ARD OF ZONING APPEALS Field in the Board Room of the Frederick County Administration Building_ 107 N. Kent Street, Winchester_ Virginia, on September 20, 2005. PRESENT Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; Kevin Scott, Shawnee District; Dwight Shenk, Gainesboro District; and, Lennie Mather, Red Bud District. ABSENT: Theresa Catlett, Chairman, Opequon District; and, Robert W. Wells, Member -At- Large. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; J. D. Kirby, Zoning Inspector; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Vice Chairman Perry at 3:25 p.m. On a motion by Mr. Shenk and seconded by Mr. Scott, the minutes for the August 16, 2005 meeting were unanimously approved as presented. Vice Chairman Perry asked Mr. Cheran the cut- offdate for the next meeting. Mr. Cheran replied that eriday, September 23, 2005, is the cut -off date and as of today, we have no applications for appeals or variances. PUBLIC HEARING Variance Request #23 -05 of Rodney Butler, for a 20 foot front yard variance and a 10 foot rear yard variance for the construction of a single family home. This property is located on High Street (Route 635), 0.1 mile on the right, and is identified with Property Identification Number 91 A03- 164 -1 5 in the Back Creek Magisterial District. ACTION — VARIANCE TABLED Mr. Kirby gave the staff report. The applicant is requesting a variance by Rodney Butler on behalf of the property owner, Jay Mergler. This 1.72 acre property was part of the New Middletown Subdivision created in 1890. In 1967 Frederick County adopted zoning. The historical zoning map shows this property was zoned A -2 Agricultural General) and building restriction lines at the adoption of the zoning ordinance were 35' front and 15' on the sides. In 1987 this property was subject to a lot consolidation of 23 lots with building restriction lines of 35' front and 15' on the sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas), making the building restriction lines for the property 60' front for all four sides. The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it s that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not Frederick County Board of Zoning Appeals 1338MinutesofSeptember20, 2005 Minute Book Page 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 willof be changed by the granting of the variance. The applicant is seeking a 20' front yard variance and 10' rear yard variance. Should this variance be granted, the building setbacks for this property would be 40' in the front, 50' in the rear and would remain 60' on the sides. 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. Mr. Kirby directed the Board members to the screen, showing them photos of the property. Vice Chairman Perry asked what the total depth of the consolidated property is. Mr. Cheran responded it is 125'. Vice Chairman Perry stated that the reason for his questions is, they're looking at a 40' variance in the front and 50' in the rear, and the last display shows the proposed dwelling is within those variance footages. Vice Chairman Perry said according to this drawing, they don't need to grant a 40' and a 50' variance. Mr. Kirby responded they are only asking for a l0' variance in the rear and a 20' variance in the front. Vice Chairman Perry stated, according to the drawing, they don't need that much. Mr. Cheran stated that the way this lot is set up, this is actually a four -sided front property. It would have to be 60' on either side. Mr. Cheran further stated that it's within the purview of the Board to grant, or not grant, the variance. Mr. Cheran stated that if the property owners are here, they may be able to answer questions on the type of housing they intend to build. t Vice Chairman Perry said that's fine, but it looks like, according to the drawing, the Board doesn't have to the 20' and the 10% and it could be something less than that. Hypothetically, if they're going to build a 35' wide house, then they need what's shown on the drawing, but if they're going to build a 28' wide house, they need 7' less. Mr. Rinker asked if the property is east or west of the tracks and Mr. Kirby responded west of the tracks. Mr. Rinker asked if all the other lots numbered off are just proposed lots. Mr. Cheran responded they are recorded lots, but they have not been built on. Vice Chairman Perry stated there is nothing on all the lots that would be to the rear of this piece of property and Mr. Cheran stated no, not to the exact rear of the alley. There have been some lot consolidations, but there's none directly behind the property. Vice Chairman Perry asked if the entrance to the property would be off of High Street and Mr. Kirby stated the entrance is off of High Street because First Street and Second Street are grass paths, and also the rear alley is a grass path. Vice Chairman Perry asked if anyone is present to speak in favor of the variance. There was one person who had questions. Linda Orndorff approached the podium. She stated she lives across the street from where they need the fiance. Ms. Orndorff stated there are some paper roads not shown on the map and the paper road goes across line that they need the variance for. She further stated that she also does not see the paper road that is directly Frederick County Board of Zoning Appeals Minutes of September 20, 2005 Minute Book Page 1339 beside of that house. In the 1940s, the State closed that road and built the road coming up that very steep hill up to the cemetery. Vice Chairman Perry asked if she is talking about a dedicated right -of -way when she says paper road. Ms. Orndorff stated if you get on the internet and ask for directions to her house, they're going to tell you but those roads don't exist. They've been on the books since New Middletown was first mapped out. Vice Chairman Perry asked Mr. Cheran to speak to the roads that Ms. Orndorff is referring to. Mr. Cheran stated that on the map that has the general variance, there is a road which would be where the 60' on the north side would be. That, he assumes, would be a paper road from what staff got off the plats. They're right -of -ways and have to be treated as right -of -ways. Mr. Perry stated that shouldn't affect the variance, just stop them from building a house at that location. Mr. Cheran stated that's right, they're still going to have to maintain the setbacks on the location Ms. Orndorff is speaking of. The current setbacks on High Street, without a variance, would be 60', so it shouldn't encroach any further than they are right now. Mr. Cheran pointed out that when this was done back in 1987, for some reason, that 30' restrictive right -of- way should have been given 50'; VDOT should have gotten at least 20' of that. It didn't happen, this is the recorded plat and we have to go by the recorded plats. Mr. Rinker stated those right -of -ways are 30' and they're not going to be wide enough to be taken into the State system and Mr. Cheran said that is correct. Vice Chairman Perry stated if the Board grants the variance, and they want to build a house, they're going to ave to deal with the road issues, separate from the variance. Mr. Cheran stated that's correct. Ms. Orndorff slated this whole area is in the National Park of Cedar Creek. Mr. Cheran stated that doesn't pose a problem, it's in the protected area but not in the area where it reflects upon someone's property rights to ask for a variance or building. Ms. Orndorff asked, what happens when the State or the Park Foundation decides to widen High Street, because they do get tour buses there. Vice Chairman Perry responded that VDOT would have to deal with that. Mr. Cheran stated that VDOT would have to condemn some of the land, but he doesn't want to speak for VDOT. Vice Chairman Perry asked if anyone is present to speak in favor and no one responded, nor did anyone respond when Vice Chairman Perry asked if anyone is present to speak against the variance. Mr. Cheran pointed out that lie doesn't believe the applicant or property owner is present. DISCUSSION Mr. Rinker stated he would like to have the owner of the property here to represent himself. Mr. Cheran said the Board can postpone the variance request. Mr. Rinker made a motion to table this request until the November 2005 Board meeting. Mr. Shenk JWnded the motion and it passed unanimously. Frederick County Board of Zoning Appeals Minutes of September 20, 2005 Minute Book Page 1340 OTHER Vice Chairman Perry asked if there are any other issues to come before the Board. Mr. Cheran stated that he attended a conference in Roanoke last week. They talked about granting variances, the new State code, and modifications, which this County doesn't do. Mr. Cheran feels that what this Board has been doing procedurally, especially on variances, is correct. After the Cochran change, the State legislature allowed communities, if they would go ahead and adopt it, to make modifications, that the Zoning Administrator make modifications; they still have to meet the threshold of a variance so why have a BZA and why have variances. State legislature has been quiet about it. There are only two localities so far in the Commonwealth of Virginia to do that: Winchester City and the City of Manassas. Basically what that would do is give retroactive power to the Zoning Administrator as one step to not having a lot of folks come up for a simple issue. Frederick County is not going to do that. As there were no other items or new business to be discussed, the meeting adjourned at 4:00 p.m. by unanimous vote. r1 U 0 Frederick County Board of Zoning Appeals Minutes of September 20, 2005 Minute Book Page 1341 Bev Dellinger, Secretary N.,