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BZA 04-20-10 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 April 20, 2010. PRESENT Kevin Scott, Chairman, Shawnee District; Robert Perry, Vice Chairman, Stonewall District; Bruce Carpenter,. Gainesboro District; Jay Givens, Back Creek District; and Robert W. Wells, Member -At -Large ABSENT: R. K. Shirley, III, Opequon District; and Eric Lowman, Red Bud District. STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Dana Johnston, Zoning Inspector; and, Bev Dellinger, Secretary. CALL TO ORDER The meeting was called to order by Chairman Scott at 3:25 p.m. and he determined there is a quorum. Chairman Scot, welcomed Mr. Brian Hester of the Winchester Board of Zoning Appeals to the meeting. On a motion made by Mr. Perry and seconded by Mr. Wells, the minutes for the March 16, 2010, meeting were unanimously approved as presented. Chairman Scott inquired if there are any applications pending for May. Mr. Cheran responded there are no applications at this time; the cut -off date is Friday, April 23, 2010. PUBLIC HEARING Variance Request #04 -10 of John McAllister, for a 26 foot right side yard variance, resulting in a 24 foot right side yard setback, for the construction of a master bedroom, deck and porch. This property is located 573 Lake Saint Clair Drive, and is identified with Property Identification Number 31A -1 -1 in the Gainesboro Magisterial District. ACTION — VARIANCE APPROVED WITH BZA MODIFICATION Mr. Johnston presented the staff report. Mr. Johnston directed members to the screen, showing the front, side and rear views of the subject house. The property has a width of 221 feet and a depth of approximately 335 feet and the size of the lot is .99 acres, thereby eliminating a buildable area by today's RA setback requirements. Mr. Johnston continued that the house was built in 1966 and through Lake Saint Clair's covenants, the setbacks were 25 feet on all sides. Frederick County adopted zoning in 1967 and further amended zoning in 2007 to the current setbacks of 60 feet to the front, 50 feet to the rear and 50 feet on both sides. E 1542 rederick unto goard f Zoning Appealsmutesoprit20, 2018 In conclusion, Mr. Johnston stated that the applicant's variance request of 26 feet is in order to construct a 12 foot by 54 foot deck, a 13 foot by 15 foot screened porch and a 13 foot by 28 foot master bedroom. According to the Code of Virginia 1950 as mended 15.2 -2309 (2), and Section 165- 1001.2 C) of the Frederick County Zoning Ordinance, this variance request does not meet the intent of a hardship or the current setback requirements. Mr. Givens stated that Mr. Johnston noted that the 25 foot building restriction line shown on the plat was a covenant restriction and the subdivision was approved or platted in 1959. Did the County approve this subdivision and was it approved with the 25 foot building restriction line? Mr. Johnston stated that Frederick County did approve the subdivision but at that time, Frederick County didn't have setback requirements so it wasn't approved for a 25 foot setback. The plat that Mr. Givens is speaking of was created later. Mr. Cheran stated that Frederick County does not follow the covenants that go with the land, but follows the recorded plat, and this is not on the plat. Mr. Danny McKee of Kee Construction stated he is representing Mr. McAllister. Mr. McKee handed material to the Board members. He stated the McAllisters approached Kee Construction a few months ago and asked them to do some renovations on the house. At that time, Mr. McKee said they knew there wasn't a fully completed plat for the property, so they had Foltz Land Surveying, Inc., complete a survey. Mr. Foltz researched the deed from 1959 and saw there were 25 foot boundary line setbacks. After turning in the package to the Inspections Department, they became aware of the fact that 50 foot setbacks now apply to this area. The material handed out by Mr. McKee showed pictures of the lot and house. Mr. McKee further stated that with the structure that is there now, there is minimal opportunity to do any type of renovation or make improvements. The family purchased the property with the intent to make more room; it's currently a two bedroom structure but it has a three bedroom pere approval. Mr. McKee stated they submitted this with the understanding that they had 25 foot boundary lines. They made a note on the drawing that shows a 19 foot measurement to the edge of the new deck that was going to be added onto the structure, with a side note saying that if they had to put an angle on the deck to accommodate the 25 foot boundary line, that would be possible. Chairman Scott asked how many square feet this addition would add. Mr. McKee stated the current structure is approximately 1,100 to 1,200 square feet and the addition would add another 600 to 700 square feet. Chairman Scott opened the public hearing portion of the meeting for comments, either for or against this variance request. Chairman Scott stated that he received several e -mails from citizens and the Homeowners' Association in support of the variance request. Mr. John Schroth and Mr. Jim Longerbeam both spoke in favor of the request. Both citizens made comments that the setback issue is an issue they all suffer at Lake Saint Clair; no one can expand their property. Mr. Schroth pointed out that the 50 foot setback was originally intended for five acre lots, but the lots in Lake Saint Clair are rectangular lots of one acre or less. Discussion Mr. Wells stated that he can understand both sides of this request and although this doesn't completely fit the category of a hardship, he would be willing to seek a compromise. 1543 WWderick County l ord f Zoning AppealsofApra2 , _018 Mr. Givens stated that building the bedroom addition will not encroach any further into the setback area and without adding the bedroom, there could be an argument for a hardship. However, Mr. Givens doesn't believe that a deck creates a hardship. He believes that a 25 foot building restriction line has been established and the Board could work within that 25 foot setback, which would mean that the deck would have to be angled. Mr. Carpenter stated that the Board should abide by the 25 foot restriction line. Chairman Scott asked Mr. McKee if they could work within the 25 foot adjustment of the setbacks and Mr. McKee responded yes. Mr. Perry stated he's in agreement with the 25 foot building setback line. Mr. Wells stated that Mr. Cheran and his staff are driven by the law as to what they have to do and, as a supporter of Mr. Cheran and his staff, Mr. Wells feels they do an excellent job. They have said today that this does not legally create a hardship. However, Mr. Wells feels that the response of the Board shows their willingness to compromise. Mr. Carpenter made a motion to approve Variance Request #04 -10 with the adjustment of a 25 foot southern line variance, resulting in a 25 foot setback. Mr. Givens seconded the motion and the vote was unanimous. 0 Other As there was no further business, the meeting adjourned at 3:55 p.m. Respectfully submitted, Kevin Scott, Chairman Bev Dellinger, Secretary n U 1544 prederick C unt T rd 8F Zoning AppealsMmutesof pril 018