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BZA 02-21-06 Meeting MinutesMEETING MINUTES i. 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, February 21, 2006. PRESENT Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; and, Lennie Mather, Red Bud District. ABSENT: Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; and Robert W. Wells, Member -At- Large. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Bernard Suchicital, Planner l; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. Chairman Catlett said the first item on the agenda is the adoption of the Bylaws. She asked if everyone has had an opportunity to review the changes that were made. Mr. Rinker had a question on 4R2-1 regarding "nomination of officers shall be made from the floor at the first meeting ". He stated at sounds like the public is nominating the officers, and it should be clear that the motion to nominate officers is made by BZA members. Mr. Cheran noted that and stated that he will make that change, and the Board can still adopt the Bylaws today. Mr. Rinker made a motion to approve the Bylaws, with the noted change. Mr. Perry seconded and the motion passed unanimously. On a motion by Mr. Perry and seconded by Mr. Rinker, the minutes for the December 20, 2005 meeting were unanimously approved as presented. On a motion by Mr. Perry and seconded by Mr. Rinker, the minutes for the January 17, 2006 meeting were unanimously approved as presented. Chairman Catlett asked Mr. Cheran the cut -off date for the next meeting. Mr. Cheran replied that Friday, February 24, 2006, is the cut -off date. 1"1 U Frederick County Board of Zoning Appeals Minutes of February 21, 2006 Minute Book Page 1358 PUBLIC HEARING Variance Request 425 -05 of Donald Halcy, for a 10' front yard and a 10' rear yard variance. This property is located at 1008 Back Mountain Road (Route 614), and is identified with Property Identification Number 39 -A -82 in the Back Creek Magisterial District. ACTION — VARIANCE DENIED Before staff comments could be heard, Mr. Cheran advised that this property was not properly posted for the hearing, per the Code of Virginia. Therefore, this item should not be heard today. The history of this request is that we are at the 90 day limitation to hear this item because it was postponed at the November 2005 meeting, and tabled for 60 days at the December 2005 meeting. The Board has to act upon the request at this meeting. One of the legal requirements of the applicant is to post the hearing sign, and because the hearing sign was not posted on the property, the requirement was not met. Chairman Catlett asked if it is the applicant's or staff's responsibility and Mr. Cheran stated it's the responsibility of the applicant. Chairman Catlett asked Mr. Cheran how staff verified that the sign was not posted and Mr. Cheran responded that staff checked three times last week, the last time being Friday, and verified that it wasn't posted. The sign should be posted at least one week prior to the meeting. Chairman Catlett asked if the Board does not approve this request today, does the applicant have to re- apply and Mr. Cheran stated yes he does. Chairman Catlett asked if the applicant is present and Mr. Haley approached the podium. Chairman Catlett asked Mr. Haley if he understands the reason why the Board cannot hear his request. Mr. Haley said it was posted, but he's a truck driver and he's on the road. He stated the sign was up in his front yard and they had a real bad wind storm and the sign fell down. Chairman Catlett stated that the requirement is that it be posted for one week prior to the meeting. Mr. Haley stated that the first two times he applied he was told he did not have to be present and the sign was in his yard. He's here today because he was told he had to be present. Chairman Catlett told Mr. Haley that if the sign is not posted so that any interested party can see the sign and come to the meeting, then this Board doesn't have a choice in hearing the matter. Mr. Perry stated that in reference to the facts just heard, he moves for denial of this variance request. Mr. Rinker seconded the motion and it passed unanimously. PUBLIC HEARING Variance Request #01 -06 of Roy Gottschalk, for a 35' variance on both sides of the property. This property is located in Lake Serene, on Lake Serene Drive, Lot 36, and is identified with Property Identification Number 31B -1 -36 in the Gainesboro Magisterial District. ACTION — VARIANCE TABLED Mr. Suchicital gave the staff report. Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this 1.00 acre property was zoned A -1 (Agricultural Limited) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the Frederick County Board of Zoning Appeals Minutes of February 21, 2006 Minute Book Page 1359 current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'rear and 50' sides 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. The applicant is seeking a variance of 35' on the left and right sides of the property to build a residential structure of approximately 2,877.24 square feet in size. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back and would change to 15' 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. Perry asked the footprint of the house and Mr. Suchicital responded that it's in the agenda packet. According to the drawing, it will be 153' on one side and 15.7' on the other side. Chairman Catlett asked the applicant to come forward. Mr. Gottschalk came to the podium and identified himself. Mr. Gottschalk stated that where the lot stands and where the septic field is, the only place he can put the house is where it's located on the drawing and without a variance, he can't build. Mr. Rinker asked if the house could be rotated a little clockwise so it's not sitting at so much of an angle. Mr. Gottschalk stated he thinks the way it is now gave them the most amount of room. Mr. Rinker further stated that the house is taking up every bit of that 15' setback, where if it's rotated a little bit, he could have 15' to 20'. Mr. Perry stated that he agrees with Mr. Rinker. Mr. Gottschalk stated it's something that could be done. He further stated they were trying to get more of a view of the lake and that's the reason they located it that way. Mr. Perry asked Mr. Gottschalk if there is any topographical reason for orienting the house the way it is on the drawing and Mr. Gottschalk responded no. Chairman Catlett asked if anyone else is here to speak in favor of the variance and no one responded. Chairman Catlett stated that it looks like a number of people are here today so anyone who does speak, the Board would like to hold that to a maximum of three minutes. She asked if anyone is here to speak who is opposed to the variance. Mr. Clinton Ritter, attorney for Mr. Preston Moffett, Jr., approached the podium and identified himself. Mr. Ritter stated that Mr. Gottschalk owns two lots, which the previous owners sold to him as if it were one parcel, for privacy sake. Mr. Ritter further stated that the drainfield shown on the plat is located in an area they feel when they have huge snowfalls and rains, everything runs down through that hollow and water actually shoots out of the culverts and runs down through the hollow in the middle of Mr. Gottschalk's lot. That could be the reason it hasn't been built on for the last 35 years. Mr. Ritter stated that his client, Mr. Moffett, is concerned about protecting the beauty and the water of the lake. Frederick County Board of Zoning Appeals Minutes of February 21, 2006 Minute Book Page 1360 Chairman Catlett asked Mr. Cheran if any decision made today by the BZA would be subject to the drainage and drainfield approval by other departments before the building permit is issued. Mr. Cheran stated that is correct. Mr. Cheran stated that on the plat under "Flood Note ", it states Zone C, which means it is not a flood prone area. There may be a drainage run -off, but it's not in the flood plain. Chairman Catlett asked if there is anyone else opposed to this request who would like to speak. The following individuals came before the Board and spoke against the variance request: Mr. Paul Holley, Mr. Donald Vaschon, Mrs. Dolly Vaschon, Mr. Preston Moffett and Phyllis Bridinger. Mr. J. T. Anderson spoke in favor of the variance request. The public hearing portion of the meeting was closed. DISCUSSION Mr. Rinker asked Mr. Gottschalk if the drainfield has been approved and signed off by the Health Department and Mr. Gottschalk responded yes. Mr. Rinker asked when that was done and Mr. Gottschalk stated two months ago. Mr. Rinker asked who did the perc test and Mr. Gottschalk said Greenway Engineering. Mr. Perry stated the only concern he has is if there's no topographical reason for the house to be oriented as is presently shown on this plat, he would like to see an investigation to rotate the house to grumnlize the required variance from this Board. By rotating the footprint on the plat, Mr. Gottschalk could astically reduce the requested variance. Mr. Rinker made a motion that this request be tabled until the next meeting in order to see a plat where the house is rotated so the variance can be minimized. Mr. Perry seconded the motion and it passed unanimously. Mr. Ritter stated that within this private subdivision, there is an Architectural Review Board where the property owners are supposed to bring house plans for Board approval. This has not been done and that's one thing that maybe would have eliminated his neighbors and friends from showing up today. OTHER Chairman Catlett asked if there is any other business to come before the Board. As there were no other items or new business to be discussed, the meeting adjourned at 430 p.m. by unanimous vote. Frederick County Board of Zoning Appeals Minutes of February 21, 2006 Minute Book Page 1361 iRespectfully submitted, Theresa B. Catle t, Chairman Bev Dellinger, Secretary I• u Frederick County Board of Zoning Appeals Minutes of February 21, 2006 Minute Book Page 1362