BZA 04-17-12 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 17, 2012.
PRESENT: Jay Givens, Chairman, Back Creek District; Kevin Scott, Vice Chairman, Shawnee
District; Gary Oates, Stonewall District; R. K. Shirley, III, Opequon District; Bruce Carpenter,
Gainesboro District; Eric Lowman, Red Bud District; and Robert W. Wells, Member -At- Large.
ABSENT:
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 Givens at 3:27 p.m. and he determined
there is a quorum.
Chairman Givens led the Pledge of Allegiance.
Chairman Givens asked if there are any applications for the May meeting. Mr. Cheran
responded there aren't any applications pending at this time; the cut -off date is Friday, April 20,
2012.
On a motion made by Mr. Scott and seconded by Mr. Carpenter, the minutes for the
March 20, 2012 meeting were unanimously approved as presented.
PUBLIC HEARING
Variance Request 902 -12 of J. H. Yost, for a 28 foot right side variance,
resulting in a 22 foot right side setback, for a single family dwelling.
This property is located at Enon Springs (Shawneeland II) on
Wardensville Grade (Route 608) near the intersection of Route 608
and Route 55, and is identified with Property Identification Number
69A- 130 -33 in the Back Creek Magisterial District.
ACTION — VARINANCE APPROVED
Mr. Johnston presented the staff report. The reason for the variance is that the dwelling
cannot be constructed at the current setback requirements. The size and exceptional narrowness
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April 17, 2012
of the property makes it challenging to construct a dwelling at the current setbacks. This
variance request is to allow for the construction of an approximate 28 foot by 36 foot dwelling.
This request from the current RA zoning setback would result in a setback similar to, but larger
than, Shawneeland Subdivision. If the variance is approved, the setbacks will be right side 22
feet, front 60 feet, left side 50 feet and rear 50 feet. The property meets the threshold
requirements of an undue hardship, the requirements of the Code of Virginia 1950 as amended
15.2- 2309(2) and Section 165- 1001.02(C) of the Frederick County Zoning Ordinance. Staff
recommends approval of this variance request.
Mr. Carpenter stated that the plat in the agenda packet shows a proposed garage; is that a
part of this variance request? Mr. Johnston responded that a variance request would not be
applicable for a detached garage because it would be considered an accessory structure. The
setbacks for an accessory structure would be 60 feet from the road and 15 feet off all the other
property lines. The applicant should be able to meet those requirements.
Chairman Givens noted that it's difficult to scale from the plat he has, but he doesn't
think the plat is showing the garage as being 15 feet off the property line. Chairman Givens
wants it to be very clear in any motion of approval that this garage is not included in the
consideration or approval of today's variance request.
Mr. Johnston stated that typically an accessory structure won't prove as a hardship, and
typically a variance would not be granted for an accessory structure.
Mr. Scott told Mr. Johnston that Chairman Givens wants to make sure that it's stated on
the plat that, as an accessory structure, the garage will meet the requirements for setbacks.
Chairman Givens reiterated that he is not sure that the plat actually shows 15 feet and he
does not want it to come back that the Board approved something that they did not.
Mr. Rocky Yost approached the podium and identified himself as the owner of the
property. Mr. Yost wanted to get clarification on the garage. He asked if a garage can still be
built as long as it's 15 feet off the property line.
Chairman Givens said that all he is saying today is, the garage is not part of the
consideration before this Board. When Mr. Yost gets ready to build the garage, the Zoning
Department will furnish the correct setbacks without a variance request.
Chairman Givens asked if anyone would like to speak for or against the variance request.
Hearing no one, Chairman Givens closed the public hearing portion of the meeting.
Discussion
Mr. Carpenter thanked Mr.Yost for the completeness of his application.
Mr. Oates made a motion to approve Variance Request 402 -12 for a 28 foot right side
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April 17, 2012
variance, resulting in a 22 foot right side setback, and that any future accessory structures must
meet setbacks at that time. Mr. Scott seconded the motion and it passed unanimously.
Other
There being no further business, the meeting adjourned at 3:35 p.m.
Respectfully submitted,
James Givens, Chairman
Bev Dellinger, Secretary
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April 17, 2012