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BZA 01-17-06 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 17, 2006. PRESENT Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; and, Dwight Shenk, Gainesboro District. ABSENT: Kevin Scott, Shawnee District; and Robert W. Wells, Member -At- Large. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Kevin Henry, Planning Technician; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. Chairman Catlett asked Mr. Cheran the cut -off date for the next meeting. Mr. Cheran replied that Friday. January 20, 2006, is the cut -off date. We will have two variance applications: the Haley variance, which the Board is familiar with, and one other variance request, as well as the minutes from Ocember 20, 2005. Chairman Catlett stated that the first item on the agenda is the election of officers for this year. Mr. Rinker made a motion to keep the officers that we have at the present time: Theresa Catlett as Chairman, Robert Perry as Vice Chairman, and Bev Dellinger as Secretary. Mr. Shenk seconded the motion and it passed unanimously. Chairman Catlett stated that it has been suggested that the adoption of the By -Laws be postponed until after the public hearing. Mr. Rinker made a motion that the Board of Zoning Appeals meetings be held at 3:25 p.m. on the third Tuesday of the month, at 107 North Kent Street in the Board Room. Mr. Perry seconded the motion and it passed unanimously. Chairman Catlett stated that due to a potential conflict of interest with her employer, she will turn the meeting over to Vice Chairman Perry. PUBLIC HEARING Variance Request 928 -05 of Beverly Longerbeam, for a 45' variance on both sides of the property. This property is located on Gun Club Road (Route 666), and is identified with Property Identification Number 45 -2 -C in the Stonewall Magisterial District. ACTION —VARIANCE APPROVED (2' VARIANCE ON EACH SIDE) Frederick County Board of Zoning Appeals Minutes of.lanuary 17, 2006 Minute Book Page 1355 Mr. Henry gave the staff report. Frederick County adopted zoning in 1967. The Frederick County storieal zoning map shows this property was zoned A -2 (Agricultural General) in 1967. The property back lines at the adoption of the zoning ordinance were 35' for the front, 25' for the rear and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front. 50' rear and 50' to the sides. The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that aj 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 requesting a 5' variance for both side yards. Should this variance be granted, the building setbacks for this property would 60' front. 50' rear and would change to 45' on both 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. Henry directed the Board to the screen, where he showed them photos of the property. Vice Chairman Perry asked if anyone is present to speak in favor of the applicant. Mr. Beverly Longerbeam approached the podium and identified himself. Ms. Mather asked Mr. Longerbeam what he intends to put on the lot and Mr. Longerbeam responded a dular ranch house, roughly 26X52, without a garage. Mr. Longerbeam further stated that he's asking for 5' on either side so that he won't have to pinpoint it exactly within inches of what he has to do. Ms. Mather stated that Mr. Longerbeam really doesn't need 5', but he'd like 5', and Mr. Longerbeam responded that he would like to have 5'. Vice Chairman Perry stated that the Board does not like to give more than what is actually required. Vice Chairman Perry asked Mr. Longerbeam what he thought a comparable fudge factor for him would be and if the house is going to be surveyed. Mr. Longerbeam responded he won't have to have it surveyed if he gets 5' on either side; he can place it himself. Vice Chairman Perry asked Mr. Longerbeam if he's going to do 52' width and Mr. Longerbeam said yes. Mr. Rinker stated that Mr. Longerbeam would use 2' of the 10' requested and Mr. Longerbeam replied yes. Mr. Longerbeam stated if he only asks for the 2', that pinpoints him to put it dead on and he has no room if he's off two or three inches, and he'll be back in front of the Board again. Ms. Mather asked Mr. Longerbeam if he already has the well and septic laid out and Mr. Longerbeam replied that the septic has already been installed, in the front of the lot, and when the house is placed, it has to be 10' away from the septic tank and that leaves him about 35' depth. The well goes in the back of the lot. Vice Chairman Perry asked if anyone is present to speak against the request and no one responded. Oce Chairman Perry closed the public hearing portion of the meeting. Frederick County Board of Zoning Appeals Minutes of January 17, 2006 Minute Book Page 1356 DISCUSSION 0 Mr. Rinker asked staff if there is a guideline requirement of having a house surveyed, no matter what size the lot is. Mr. Cheran stated that if you're within 5' of the setback line, you're required to do a site survey. Vice Chairman Perry stated that Mr. Longerbeam is going to build a 52' house and he's asking for a 5' variance on each side, so he's going to need a survey anyway. Mr. Rinker stated that the Board doesn't like to give 5' if an applicant doesn't need 5'. Mr. Longerbeam stated that he would like to have 5' but he'll take whatever he can get. Mr. Rinker made a motion for a 2' variance on each side of the property. Ms. Mather seconded the motion. The vote was unanimous, with Chairman Catlett abstaining. Vice Chairman Perry turned the meeting back over to Chairman Catlett. Chairman Catlett stated that the Board would now consider the review and adoption of the By -Laws. Chairman Catlett read through the By -Laws and the County's Vested Rights Policy. Board members discussed changes they felt needed to be made with Mr. Cheran. Mr. Rinker made a motion to table voting on the By -Laws until the February meeting. Mr. Perry ceconded the motion and it passed unanimously. 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 4:30 p.m, by unanimous vote. Respectfully submitted, Theresa B. Catleit, Chairman Bev Dellinger, Secreta( Frederick County Board of Zoning Appeals Minutes of January 17, 2006 Minute Book Page 1357