BZA 08-17-10 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 August 17, 2010.
PRESENT Kevin Scott, Chairman, Shawnee District; Bruce Carpenter, Gainesboro District;
Jay Givens, Back Creek District; R. K. Shirley, III, Opequon District; and Eric Lowman, Red
Bud District.
ABSENT: Robert Perry, Vice Chairman, Stonewall District; and Robert W. Wells, Member -
At- Large.
STAFF
PRESENT Michael T. Ruddy, Deputy Director; 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.
On a motion made by Mr. Givens and seconded by Mr. Shirley, the minutes for the April
20, 2010, meeting were unanimously approved as presented.
Chairman Scott inquired if there are any applications pending for September. Mr.
Johnston responded there are no applications at this time; the cut -off date is Friday, August 20,
2010.
PUBLIC HEARING
Variance Request 405 -10 of Bethel United Methodist Church, for a 141 foot
right side yard variance, resulting in a 59 foot right side yard setback, for a
church addition. This property is located on the southeast corner of the
intersection of Muse Road (Route 610) and Hollow Road (Route 707), and is
identified with Property Identification Number 26 -A -56 in the Back Creek
Magisterial District.
ACTION — VARIANCE APPROVED
Mr. Johnston presented the staff report. Based upon the small size of the property and large
setbacks associated with the RA (Rural Areas) zoning district, the applicant is requesting a 141 foot
right side yard variance. If granted, this variance would result in a 59 foot right side yard setback. The
surrounding property is 25 acres zoned RA and is an active orchard, making the required setback 200
feet for this property
Mr. Johnston further stated that this request is to allow for a 20x 18 foot addition on the right side
of the existing church building for the construction of a modern restroom facility. This request from
Frederic Co t Board of Zoning AppealsAugust7, 2(I 1545
current setbacks of the RA zoning district may be justified in order to enable the construction of a
modern restroom.
Mr. Givens had a question about a letter signed by Kay M. Bolinger, owner of the "Muse
property" which adjoins Bethel Church. It appeared to Mr. Givens that Ms. Bolinger was actually trying
to grant the variance, but he interprets it to say that she approves of the variance. Chairman Scott also
interprets the letter as an approval of the variance. Mr. Johnston stated the letter is to show approval for
the variance. It was recognized that only the BZA can grant a variance.
Mr. Darren Foltz identified himself as representing Bethel Church. Mr. Carpenter asked Mr.
Foltz, with the new building inspections for plumbing requirements for new construction, if he has
verified that there will be enough room. Mr. Foltz responded that he has talked with the contractor and
they will have enough space.
Chairman Scott asked if anyone present would like to speak to the Board about the variance
request, either in support of or against. There were no citizen comments. Chairman Scott closed the
public hearing portion of the meeting
Discussion
Mr. Givens made a motion to approve Variance #05 -10 for Bethel United Methodist Church.
Mr. Shirley seconded the motion and the vote was unanimous for approval.
Other
There being no further business, the meeting adjourned at 3:35 p.m.
Respectfully submitted,
Kevin Scott,
Bev Dellinger, Secretary
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