BZA 10-19-10 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 October 19, 2010.
PRESENT Bruce Carpenter, Gainesboro District; Jay Givens, Back Creek District; R. K.
Shirley, III, Opequon District; and Robert W. Wells, Member -At- Large.
ABSENT: Kevin Scott, Chairman, Shawnee District; Robert Perry, Vice Chairman,
Stonewall District; and Eric Lowman, Red Bud District.
STAFF
PRESENT Mark R. Cheran, Zoning Administrator; Dana Johnston, Zoning Inspector; and
Bev Dellinger, BZA Secretary.
CALL TO ORDER
Chairman Scott and Vice Chairman Perry were unable to attend the meeting. Mr. Jay
Givens agreed to stand in as Acting Chairman. The meeting was called to order by Acting
Chairman Givens at 3:25 p.m. and he determined that four members are present and that is a
quorum since there are seven members. However, the State Code is silent on this matter and in
instances such as this, the Board of Zoning Appeals has operated under the assumption that all
four members must vote in the affirmative in order for the variance to be approved.
Furthermore, in the case of a split vote, two ayes and two nays, the variance would be considered
denied.
Acting Chairman Givens asked Mr. Cheran if there are any items for the November 16`
meeting. Mr. Cheran responded there will be a meeting in November. Mr. Cheran went on to
say he felt it would be wise to ask if the applicant wants to be heard today, or to wait until next
month when, hopefully, all members will be present.
Mr. Benjamin Butler, who is representing the owner, stated that it would be a better idea
to table the variance request at this time.
Acting Chairman Givens asked for a motion. Mr. Wells made a motion to table Variance
Request 406 -10 of Cynthia Bergman until the next meeting of the Board of Zoning Appeals. Mr.
Carpenter seconded the motion and it passed by unanimous vote.
Acting Chairman Givens asked if the members had any corrections or additions to the
August 17, 2010 BZA minutes. There were none and, on motion by Mr. Carpenter and seconded
by Mr. Shirley, the August 17, 2010 minutes were approved as presented.
Frederick County Board of Zoning Appeals
October 19, 2010 Page 1547
0 PUBLIC HEARING
Variance Request 906 -10 of Cynthia Bergman, submitted by Darren Foltz, for a 35 foot front yard
variance, resulting in a 25 foot front yard setback, for the construction of a detached two -car
garage. This property is located at 251 Lake Serene Drive, and is identified with Property
Identification Number 31B -1 -21 in the Gainesboro Magisterial District.
ACTION — VARIANCE TABLED BY APPLICANT
Other
Mr. Cheran told members that the Arogas Appeal which the BZA heard some time ago, was
heard at the State Supreme Court level. The Court's decision was 7 -0, citing that the BZA acted
correctly, as well as the interpretation by the Zoning Administrator as to the proposed site plan and
proffers, was handled correctly.
There being no further business, the meeting adjourned at 3:40 p.m.
Respectfully submitted,
James Givens, Acting Chairman
Bev Dellinger, Secretary
Frederick County Board of Zoning Appeals
October 19, 2010 Page 1548