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BZA 02-20-07 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, February 20, 2007. PRESENT Theresa Catlett, Chairman, Opequon District; Dwight Shenk, Gainesboro District; Eric Lowman, Red Bud District; and Robert W. Wells, Member -At- Large. ABSENT: Robert Perry, Vice Chairman, Stonewall District; Kevin Scott, Shawnee District; and, Jay Givens, Back Creek District. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Zoning Inspector; and Bev Dellinger, BZA Secretary. The Board of Zoning Appeals did not have a quorum for this meeting. The Chairman was aware that two members would not be attending. A telephone call was made to Mr. Wells, asking him if he could attend this meeting. Chairman Catlett asked the applicants if they wanted to wait for Mr. Wells to arrive, giving the BZA a quorum, or if they wanted to postpone their item until the March 20, 2007 meeting. The applicants responded that they would prefer to wait and have their item voted on today. is CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:55 p.m. On a motion by Mr. Shenk and seconded by Mr. Lowman, the minutes for the January 16, 2007 meeting were unanimously approved as presented. The cut -off date for the March meeting is February 23, 2007, and at this time, there is one item to be heard. PUBLIC HEARING Variance Request 901 -07 of Ralph Combs for a 15 foot front yard variance, resulting in a front yard setback of 20 feet, for the construction of a handicap accessible ramp. This property is located at 100 Fortress Drive in the Star Fort Subdivision, and is identified with Property Identification Number 54N- 2 -2 -32 in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned R2 (Residential General). The property setback lines at 9eadoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards and 3 feet to the ear. Frederick County amended its zoning ordinance in 1989 to change the R2 zoning districts to the current Minute Book Page 1430 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 Residential Performance) Zoning District, making the current setbacks for the property 35 feet front, 25 et rear and 10 feet to both sides. Ms. Krempa continued that 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 requesting a 15 foot front yard variance, resulting in a new front yard setback of 20 feet, for the construction of a wheelchair ramp for a resident of the property. Should this variance be granted, the building setbacks would change to 20 feet in the front and remain 25 feet in the rear and 10 feet on both sides. Staff has worked with the applicant to discuss alternative building configurations and building options for this ramp, none of which are able to meet the building code requirements from the Americans with Disabilities Act. Based on the shape of the property and the small buildable area on the lot due to various buffers and easements, 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 RP zoning district could be justified. Mr. Combs approached the podium and identified himself as the Executive Director of Shenandoah Valley Community Residencies. This is a non - profit organization that provides residential services for adults with mental retardation. Mr. Combs further stated that the house on the property is a six -bed group home. Ms. Ellen Murphy, one of the Board members for Shenandoah Valley Community Residencies, spoke in40vorofthisvariance. As there were no questions from Board members for staff or the applicant, and there were no further citizen comments, the public hearing portion was closed. Mr. Shenk made a motion to approve the variance. Mr. Wells seconded the motion and the vote was unanimous. PUBLIC HEARING Variance Request #02 -07 of Gary Baylis for a 49 foot right yard variance resulting in a 51 foot right yard setback for the construction of a single family dwelling. This property is located on Sulphur Springs Road (Route 655) near Opequon Creek, and is identified with Property Identification Number 65 -A -187 in the Shawnee Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. The property setback lines for this property at the time of adoption of e Frederick County zoning ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. 1989, Frederick County amended its zoning ordinance to change rural classification districts to the current Minute Book Page 1431 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 a (Rural Areas) District. At that time, the setbacks for this property changed to 60 feet to the front, 100 feet the rear and 100 feet on both sides. Ms. Krempa continued that 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 requesting a variance of 49 feet for the right side yard. Should this variance be granted, the building setbacks would remain 60 feet to the front, 100 feet to the rear, 100 feet to the left side and would change to 51 feet on the right side. Staff would point out that a different variance request for a front yard variance was heard by this Board in November of 2006 for the same property. That application was tabled at the applicant's request and was then withdrawn by the applicant. For this variance request, the applicant has reconfigured the location of the house on the property and has addressed all the concerns of the previous meeting. The applicant is now requesting a right side yard variance off of the Frederick County Landfill, as opposed to the original front yard variance request. Staff would also note that the applicant did obtain the necessary approvals for this dwelling from the Health Department and from the Virginia Department of Transportation, but will still need to meet all the requirements of the County Engineer which could be addressed at the building permit stage. 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 of the RA zoning district may be justified. Mr. Baylis approached the podium and identified himself. Mr. Baylis stated that initially the dwelling was located closer to Sulphur Springs Road. Mr. Baylis said that Mr. Strawsnyder with the landfill was objecting and had an issue with the flood zone on the property. Mr. Baylis withdrew his request due to that objection. An engineering firm was brought in to look at the question of the flood zone. The engineers re- examined the survey and discovered that there had been an error made in the platting of the flood zone on the property. The correction moved the flood zone back an addition 50 feet which granted him more space from the road. He was able to re -plat the house on the property, and move it back 60 feet off the road frontage. Mr. Baylis stated there was a communication problem initially and he thought he had the proper distance off the landfill's property, which it turned out that he did not have, due to the fact that the land is adjoined to County property. Instead of the normal 50 feet, he is required to have 100 feet. Due to the configuration of the lot, it's pie - shaped and runs toward the road, it limits his ability to put the home on the property, so he is requesting a variance off of the landfill side. Mr. Baylis stated that were it not County property, he would meet the requirements. As there were no Board member questions of staff or the applicant, and no citizen comments, the public hearing portion was closed. DISCUSSION Chairman Catlett asked Mr. Cheran to confirm the only issue is the fact that the adjacent property is owned by the County and Mr. Cheran stated that is correct. Mr. Cheran further stated that Mr. Baylis has dressed all the issues concerning this variance request. Minute Book Page 1432 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 WMr. Wells made a motion to approve this request. Mr. Shenk seconded the motion and the vote was animous. 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 4:10 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett Chairman Bev Dellinger, Secretary 1. J Minute Book Page 1433 Frederick County Board of Zoning Appeals Minutes of February 20, 2007