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HomeMy WebLinkAboutBZA 12-20-11 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 December 20, 2011. PRESENT Kevin Scott, Chairman; Shawnee District; Jay Givens, Vice Chairman, Back Creek District; Gary Oates, Stonewall District; Bruce Carpenter, Gainesboro District; R. K. Shirley, III, Opequon District; and Robert W. Wells, Member -At- Large. ABSENT: Eric Lowman, Red Bud District. STAFF PRESENT Mark R. Cheran, Zoning Administrator; Dana M. Johnston, Zoning Inspector; and Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Scott at 3?5 p.m. and he determined there is a quorum. On a motion made by Mr. Carpenter and seconded by Mr. Givens, the minutes for the November 15, 2011 meeting were unanimously approved as presented. Chairman Scott inquired if there are any applications pending for January. Mr. Cheran responded there are no new applications at this time; the cut -off date is Thursday, December 22, 2011. PUBLIC HEARING Variance Request #05 -11 of Smithfield Properties, for an 86.7 foot variance of the 100 foot right side setback resulting in a 13.3 foot setback, a 40 foot variance of the 50 foot left side setback resulting in a 10 foot setback, and a 6.5 foot variance of the 50 foot rear setback resulting in a 43.5 setback, to enable construction of a single family dwelling. The subject property is located at 417 Frog Hollow Road, and is identified with Property Identification Number 22 -A -20 in the Gainesboro Magisterial District. ACTION — VARIANCE APPROVED Mr. Johnston presented the staff report. The applicant is requesting an 86.7 foot variance of the 100 foot right side setback resulting in a 13.3 foot setback, a 40 foot variance of the 50 foot left side setback resulting in a 10 foot setback, and a 6.5 foot variance of the 50 foot rear setback resulting in a 43.5 setback, to enable construction of a single family dwelling. Mr. Johnston stated that the reasons for the request are that the dwelling cannot be constructed at the current setback regulations, the size and Frederick County Board of Zoning Appeals Page 1578 December 20, 2011 topography of the property makes it challenging to construct a dwelling, and the drainfield and well locations prohibit the construction of a 24 foot by 35 foot dwelling on the site. Mr. Johnston also told members there is an approved drainfield and well for this property. Staff believes that this property meets the threshold requirements of an undue hardship as to the use of the property and the application meets the requirements of the Code of Virginia, 1950 as amended, 15.2- 2309(2) and Section 165 -2001 C of the zoning ordinance. Staff recommends approval of this variance. Chairman Scott noted that this variance request is from last month's meeting and most Board members are familiar with it. Mr. Carpenter pointed out that this is actually a separate request based on different setbacks. Chairman Scott stated he understands it is a new request, but the details surrounding the property remain the same. Mr. Richard Butcher of Smithfield Properties stated that everything is the same and what they're doing this time is requesting a 10 foot left side variance, instead of a one foot variance. Members stated last month that they felt one foot was not enough. Mr. Butcher further stated that members felt a 10 foot setback would allow them to achieve what they needed to do, so they are going to move everything over 10 feet. Mr. Givens asked if the building is 2405 or 2406, as stated on the plat. Mr. Butcher stated that the building is 2406. Mr. Givens asked if the setbacks he's requesting are based on 24x36 and Mr. Butcher responded yes, they are based on 36 feet. Mr. Givens stressed to Mr. Butcher that if the Board approves his request at 13.3 feet, he can only build a 35 foot building. Mr. Johnston clarified for Board members that Mr. Butcher will have to go through the process again of applying for a building permit and at that point, it will be required that a setback survey be performed. Mr. Carpenter stated that last month, Mr. Butcher was asked directly by Mr. Givens if he could move the building over and Mr. Butcher stated no, everything was in place and it couldn't be done. Mr. Butcher responded that anything can be done. The BZA minutes of November 15 reflect a member's view that expenses would be involved with moving the building, but a setback of at least 10 feet from the property line could be achieved. Mr. Butcher stated he will have to completely disassemble it, cut the bank out another nine feet, re -pour the footers and put it back up. Mr. Butcher stated he docsu't want to move it over, but if this is the only way he can get approval to finish this project, he doesn't have a choice. Mr. Givens made a clarifying comment. Mr. Butcher used the term "we" suggested 10 feet and Mr. Givens wants to be clear that it was his suggestion. The Board really didn't discuss the 10 foot setback and he doesn't want it to appear that it was a consensus of the Board. Mr. Butcher stated he understands it says in the minutes that Mr. Givens made that suggestion. Chairman Scott opened the public hearing portion of the meeting. Frederick County Board of Zoning Appeals Page 1579 December 20, 2011 Mr. Earl Nicholson, Jr., spoke against the variance request. He feels this is not a hardship. Chairman Scott explained that under the laws of Virginia, the Board of Zoning Appeals must consider whether this request meets the hardship definition. There were no further comments, and Chairman Scott closed the public hearing portion of the meeting. Discussion Mr. Shirley asked Mr. Butcher when the well and septic were installed. Mr. Butcher stated they were installed in 1967. Mr. Oates asked Mr. Johnston if there have been any other applications submitted on this property for a variance. Mr. Johnston responded the two we've had this year are the only applications for a variance on this property. Mr. Carpenter stated that personally, he feels this is not a good project, but it is a deeded lot with an existing well and drainfield and it does fit the terms of a hardship. Mr. Carpenter made a motion that Variance Request #05 -11 of Smithfield Properties be approved and that the new setbacks shall be very stringently adhered to. Mr. Givens seconded the motion. Before voting, Mr. Givens stated that he agrees with Mr. Carpenter that this request has not been presented very well by the applicant, but it is an existing lot. And if we do not grant some type of variance, the lot becomes useless. Chairman Scott called for the vote and it was unanimous for approval of this Variance Request. Mr. Nicholson again stated his opposition to this request. Other Chairman Scott advised Mr. Cheran that he would like to hold ameeting in January 2012, even if there are no applications submitted. Chairman Scott feels that since he has begun traveling more for his work that he should step down as Chairman and allow someone else to carry out these duties. There being no further business, the meeting adjourned at 3:50 p.m. Respectfully submitted, Kevin Scott, Chairman Frederick County Board of Zoning Appeals Page 1580 December 20, 2011