BZA 08-21-07 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, August 21, 2007.
PRESENT Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman,
Stonewall District; Dwight Shenk, Gainesboro District; Jay Givens, Back Creek District; and,
Robert W. Wells, Member -At- Large.
ABSENT: Eric Lowman, Red Bud District; and, Kevin Scott, Shawnee District
STAFF
PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner
l; 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 July 17, 2007
meeting were unanimously approved as presented.
The cut -off date for the September meeting is August 24, 2007.
Mr. Cheran stated that if anyone is present to hear the two Eagle Place Industrial
variances, those variances have been postponed until the September meeting.
PUBLIC HEARING
Variance Request #08 -07 of Franklin and Candy Miller for a 23.5 foot left yard variance,
resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33
foot right side setback, for the construction of a single family dwelling. This property is
located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3, and is
identified with Property Identification Number 55A -1 -3 in the Stonewall Magisterial
District.
ACTION - VARIANCE APPROVED
Ms. Krempa gave the staff report. The property was zoned A -2 with setback lines of 35 feet for
the fronts and 15 feet for the side yards. In 1989, Frederick County amended its Ordinance to change
rural zoning classifications to the current RA (Rural Areas). The current setbacks for this property are
60 feet to the front, 100 feet to the rear and 50 feet on both sides.
Ms. Krempa further stated that the applicant is requesting a 23.5 foot left yard variance and a 17
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foot variance on the right side. Should this variance be granted, the building setbacks for this property
would remain 60 feet to the front, 100 feet to the rear and change to 26.5 feet on the left and change to
33 feet on the right. It appears that this variance does meet the intent of the Code of Virginia, Section
15.2- 2309(2). This request from the current setbacks of the RA zoning district maybe justified.
Ms. Krempa stated that this variance was tabled by the Board at the July 2007 as no one was
present to represent the owner. Mr. Randy Sowers is present today to represent the owner.
Mr. Randy Sowers with Montgomery Engineering identified himself. Mr. Sowers stated that,
when subdivided, the lot width was roughly 100 feet and at that time the side setbacks were only 15 feet
which would have left a suitable building area. Since the setbacks have now changed, 50 feet on either
side leaves basically no building envelope. The owner has gone with a fairly small house footprint,
38x30, in order to try to keep as much side yard as possible.
There were no citizen comments.
Discussion
Mr. Shenk made a motion to approve variance request 408 -07. Mr. Givens seconded the motion
and it passed by unanimous vote.
PUBLIC HEARING
Variance Request 410 -07 of Jeffery Neff for a 15 foot side yard variance on both sides, resulting in
side yard setbacks of 35 feet. This property is located in Lone Oak Subdivision, Lot 38, Block A,
on the southern side of Virginia Drive (Route 710), and is identified by Property Identification
Number 86B- 4 -A -38 in the Opequon Magisterial District.
ACTION —VARIANCE APPROVED
Ms. Krempa presented the staff report. The property setback lines for this property at the time of
adoption of the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on
both sides. Frederick County amended its zoning ordinance in 1989, making the setbacks for this
property 60 feet to the front, 100 feet to the rear and 50 feet on both sides.
Ms. Krempa stated for the record that this applicant did request a 30 foot variance on both sides,
resulting in a 20 foot setback on both sides, but staff would point out that the applicant is showing the
house location survey at 31 feet from the property line making the actual necessary variance a 19 foot
variance. Staff would also point out that if the current setbacks of the RA zoning district were enforced,
this property is left with a buildable area of approximately 25 feet by 85 feet and that would allow for a
house to be built on this property without a variance. However, the buildable area provided on the lot,
based on current setbacks, would force the house to have an orientation different from those in the
existing neighborhood. Staff feels that this large of a variance request is unnecessary although it may be
appropriate to grant a smaller reduction of the setbacks in order to allow the property owner to construct
a house similar to those in the existing neighborhood.
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Ms. Krempa further stated that as written this current request does not meet the intent of the Code
of Virginia, Section 15.2- 2209(2), and is therefore unjustified.
This variance request was tabled by the Board at the July 2007 meeting because of an
undetermined house location and the public hearing was held then. However, this is a revised request
and a new public hearing should be held for this application today.
Mr. Duane Brown of Marsh & Legge Land Surveyors identified himself as representing Mr. Neff.
The current setbacks have increased the side yard setbacks to 50 feet which leaves a total width
buildable area of 25 feet. In an attempt to be consistent with the character of the surrounding
community, Mr. Neff would like to face the house toward the street as all the other houses are. The
variance request is for a 20 foot reduction to give a 30 foot setback which would give them an area wide
enough that they could construct a single story home of approximately 1,710 square feet, facing the
street, totally to be consistent with the character of the community. They feel if they had to face the
house sideways on the lot, that would be out of character and consistency.
Chairman Catlett asked if the other homes in the vicinity are the same square footage. Mr. Brown
stated, generally yes, under 2,000 square feet.
Mr. Perry said in the agenda packet, it says the typical structure in the vicinity is 1,200 square feet.
Mr. Brown stated typical to be 1,200, but all under 2,000.
Ms. Lisa Lacivita stated she lives on lot 37 adjacent to Mr. Neffs property on the east. Ms.
Lacivita spoke in opposition of the variance request stating she would like the setback on the east side to
remain at 50 feet and that the proposed house is out of character with the other homes on the street.
Discussion
Mr. Givens made a motion that this request for a 31 foot variance be granted. Mr. Shenk seconded
the motion and it passed by unanimous vote.
PUBLIC HEARING
Variance Request #11 -07 of James Marlow, submitted by Richard Marlow, for a 63.4 foot
rear yard variance, resulting in a rear yard setback of 36.6 feet. This property is located
off of Wardensville Grade (Route 608), on Globbers Knob Lane, Lot 15, and is identified
by Property Identification Number 51 -A -78A in the Back Creek Magisterial District.
ACTION — REQUEST TABLED BY THE BZA UNTIL SEPTEMBER 18, 2007 MEETING
Ms. Krempa presented the staff report. The property setback lines for this property at the time
of adoption of the Frederick County Zoning Ordinance were 35 feet to the front, 25 feet to the rear and
15 feet on both sides. In 1989, Frederick County amended its zoning ordinance to change rural zoning
classifications to the current RA (Rural Areas) and the setbacks became 60 feet to the front, 100 feet to
the rear and 50 feet on both sides.
Ms. Krempa stated that this applicant has requested a 63.4 foot variance to the rear which results
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in a new building restriction line of 36.6 feet. If this variance request is granted, the setbacks would
remain 60 feet to the front, 50 feet to both sides and change to 36.6 in the rear. It appears that this
variance does meet the intent of the Code of Virginia, Section 15.2- 2309(2) and the request from the
current setbacks may be justified.
Chairman Catlett asked if the applicant or Mr. Marlow's representative was present, and no one
responded.
Mr. Perry made a motion to table the application. Mr. Shenk seconded the motion and the vote
was unanimous to table this variance request until the September meeting.
PUBLIC HEARING
Variance Request #14 -07 of C. Robert and Barbara Kidwell, submitted by Chris
Boyce, for a 20 foot front yard variance, resulting in a front yard setback of 40 feet,
and a 34 foot variance on each side, resulting in a side yard variance of 16 feet on
each side, for the construction of a single family dwelling. This property is located
on Fries Lane, Lot 13 — Dunbar, and is identified by Property Identification
Number 42 -A -114 in the Gainesboro Magisterial District.
ACTION — SIDE YARD VARIANCE APPROVED; FRONT YARD VARIANCE DENIED
Ms. Krempa gave the staff report. The property setback lines for this property at the adoption of
the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides.
In 1989, the current setbacks for this property were amended, making the current setbacks 60 feet to the
front, 50 to the rear and 50 feet on both sides.
The applicant has requested a 20 foot front yard variance and a 34 foot side variance on both
sides. If approved, the new setbacks for this property will change to 40 feet to the front, 16 feet on both
sides and remain 50 feet to the rear. Ms. Krempa stated that the enforcement of the front yard setback
requirement for this zoning district does still provide a large buildable area on the property and only the
current side yard setbacks totally eliminate a building envelope. Although existing homes in this area
are located closer to the street than the currently required 60 feet, a reduction of the front yard setback
may not meet the intent of the Code of Virginia, Section 15.2- 2309(2). It does, however, appear that the
variance for the side yard request does meet the intent of that Section of the Code of Virginia and that
request is justified from the RA setbacks.
Mr. Chris Boyce identified himself as representing the applicant. Mr. Boyce stated that the
reason for asking for a 20 foot front yard variance is that the septic system is going in the back yard.
Mr. Perry asked how much space in the back is the septic system going to take. Mr. Boyce
responded he does have a preliminary but he doesn't have a drawing that shows that with him. Mr.
Perry asked what the preliminary number is and Mr. Boyce replied he would guess about 60 feet for the
tank and the drainfield. Mr. Perry stated that hypothetically, he could move back the other 20 feet and
still not disrupt the septic system. Mr. Boyce stated potentially, yes.
Mrs. Barbara Kidwell stated they also own the adjoining land it backs up to and they definitely
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want to keep the integrity of the community.
Mr. Givens asked when the septic system is situated, is there an objection to moving the house
back the 60 foot setback.
Mr. Boyce stated that on the adjacent lot to the right, there's an outbuilding that's very close to
the property line and if they move the house back, it would be virtually up against the house they're
building. They would like to bring it forward a little bit to avoid this.
Mr. Perry asked what the distance is from the front line to the smaller of the two outbuildings.
Mr. Boyce responded he doesn't know that dimension. Mr. Perry stated they could move back 20 feet
and still not be close to the front of the outbuilding.
Mr. Shenk stated that once the system is designed and it does push him forward, if we don't give
him the front variance, then he may be back in front of the Board again because the septic does push him
to that point. Mr. Shenk is familiar with this area and all those houses are very close on the street. If we
push it back, it does meet the Code, but it doesn't necessarily fit the area.
Mr. Charanjit Rathore, an adjoiner, spoke in opposition of this request. This is right behind his
house, and Mr. Rathore doesn't want anybody right beside him or right behind him.
Mr. Cheran stated that there are easements that could be applied to this property if the Board
wants to move the house up closer to Fries Lane.
Discussion
Mr. Givens stated he doesn't have any problem with the side setbacks but he's having a little
problem with the front setback.
Mr. Perry made a motion to grant the request for a 34 foot side yard variance on each side and
deny the request for a 20 foot front yard variance. Mr. Shenk seconded the motion and the vote was
unanimous.
PUBLIC HEARING
Variance Request #15 -07 of Jeremy and Deborah Kidwell, submitted by Chris
Boyce, for a 20 foot front yard variance, resulting in a front yard setback of 40 feet,
and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on
each side, for the construction of a single family dwelling. This property is located
on Dunbar Lane, Lot 16, and is identified by Property Identification Number 42 -A-
117 in the Gainesboro Magisterial District.
ACTION — REQUEST TABLED BY THE BZA UNTIL SEPTEMBER 18, 2007 MEETING
Ms. Krempa presented the staff report. Property setbacks for this property at the time of the
adoption of the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on
both sides. In 1989, Frederick County amended its zoning ordinance for the rural zoning district
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classifications and the setbacks are currently 60 feet to the front, 50 feet to the rear and 50 feet on both
sides.
Ms. Krempa continued that this applicant has requested a 40 foot front yard variance and a 36
foot side yard variance on both sides. If this request is granted, the new setbacks for the property will
change to 20 feet to the front, 14 feet on both sides and remain 50 feet to the rear. Unlike the previous
application, the enforcement of the current front yard setback does not provide a large enough area for
the construction of a single family dwelling and it appears that this variance does meet the intent of
Section 15.2- 2309(2).
Mr. Chris Boyce identified himself as representing the applicant.
Mrs. Barbara Kidwell stated that Jeremy Kidwell is their son and he had to work today. They
and their son live in the neighborhood and have a great interest in preserving the integrity of the
community.
Mr. Robert Kidwell, husband of Barbara and father of Jeremy, stated they would like to keep the
integrity of the neighborhood.
Mr. Shenk stated that his concern is he hopes they aren't a bit premature about not having all the
soil work done and engineering work to know exactly where the house is going to have to sit based on
the septic area. Mr. Boyce stated he situated the house the best he could to respect some of the setbacks
and he's trying to get all this work done before the deal is finalized.
Mr. Perry stated that without having some idea of how much room it's going to take for the
drainfield, he thinks the Board needs to see just how small they can make that front variance as opposed
to the 40 feet.
There were no citizen comments.
Discussion
Mr. Shenk stated that if they have their engineering and soils work done and the house is plotted
on the plat, then the Board can see exactly what they would need.
Mr. Boyce stated they can come back with the square footage and a preliminary layout for the
septic system.
Mr. Givens made a motion to table this request until the September 18, 2007 meeting. Mr. Perry
seconded the motion and the vote was unanimous.
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OTHER
Mr. Cheran told the Board that the Skyridge appeal, which they heard last month, is going to the
Circuit Court. Mr. Mitchell got the paperwork from Mr. Napier last week.
Mr. Givens stated that he will not be able to attend the September 18, 2007 meeting.
As there were no other items to be discussed, the meeting adjourned at 4:30 p.m. by unanimous
vote.
Respectfully submitted,
n _tw uo tl' f`hT
TNi'2ESA B. CATLETT - , C"JPLMAhl
Bev Dellinger, Secretary
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