BZA 03-20-12 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 March 20, 2012.
PRESENT: Jay Givens, Chairman, Back Creek District; Kevin Scott, Vice Chairman, Shawnee
District; Gary Oates, Stonewall District; R. K. Shirley, III, Opequon District; and Bruce
Carpenter, Gainesboro District.
ABSENT: Eric Lowman, Red Bud District; and Robert W. Wells, Member -At- Large.
STAFF
PRESENT: Mark R. Cheran, Zoning Administrator; Dana M. Johnston, Zoning Inspection;
and Bev Dellinger, BZA Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Givens at 3:25 p.m. and he determined
there is a quorum.
Chairman Givens led the Pledge of Allegiance.
On a motion made by Mr. Oates and seconded by Mr. Scott, the minutes for the January
17, 2012 meeting were unanimously approved as presented.
Chairman Givens asked if there are any applications for the April meeting. Mr. Cheran
responded there aren't any applications pending at this time; the cut -off date is Friday, March 23,
2012.
PUBLIC HEARING
Variance Request #01 -12 of Ellen L. Spicer, submitted by Painter -Lewis P.L.C., for
a 10 foot front yard variance, resulting in a 50 foot front yard setback, and a 32 foot
variance on both sides, resulting in an 18 foot side yards setback, for a single family
dwelling. This property is located on the south side of Bufflick Road, Lot 57, 2,200
feet east of Route 522, and is identified with Property Identification Number 64 -A -57
in the Shawnee 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
of the property makes it challenging to construct a dwelling at the current setbacks. This
property is within the SWSA area and the applicant has agreed, upon approval of the variance,
Frederick County Board of Zoning Appeals Page 1585
March 20, 2012
that she must hook on to the existing water and sewer lines that run along Bufflick Road. Staff
believes this request is consistent with the adjoining properties, as the properties are
approximately 50 feet from the road and approximately 17 feet from each side. 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 asked Mr. Johnston about the existing driveway shown on the aerial
display. Mr. Johnston said that Mrs. Spicer actually owns the property to the right of the subject
property and she's using that driveway for her current house. Mr. Johnston understands that it
would become a shared driveway between the two properties.
Mr. Scott asked if the agreement to tie into SWSA is stipulated in the permitting process
or is it something the BZA could add as a condition of approval of the variance. Mr. Cheran
responded that the BZA can add conditions. However, with the drainfield regulations currently
in place, and with the size of the property prohibiting a drainfield, the applicant would have to
hook on to water and sewer.
Mr. John Lewis, who is representing Ms. Spicer, approached the podium. Mr. Lewis
stated they never contemplated on -site sewer and water on the property; the applicant will tie
into the existing water and sewer. The parcel is going to be owned by Ms. Spicer's niece, who
one day will own both parcels and she can take care of the shared driveway issue when she owns
both parcels. In the meantime, they will have a shared driveway and there will be an easement
created for that purpose.
Chairman Givens asked if anyone is present who would like to speak either for or against
this variance request. Seeing no one, Mr. Givens closed the public hearing portion of the
meeting.
Discussion
Mr. Scott made a motion that Variance Request #01 -12 be approved as applied for. Mr.
Oates seconded the motion and the vote was unanimous for approval.
Other
Concerning the Bylaws and changes discussed and approved by Board members at the last
meeting, Chairman Givens asked everyone to look specifically at Article VI, Voting. This section now
states that all actions must be authorized by a majority vote of the members, which means we need four
votes to approve anything. In order to have the Bylaws formally approved, Chairman Givens asked for
a motion to approve. Mr. Scott made the motion and it was seconded by Mr. Carpenter. The vote was
unanimous for approval of the Bylaws as presented.
Mr. Cheran told members that June 18, 2012 is the court date for the Board of Supervisors vs.
Smithfield Properties. Members asked Mr. Cheran to contact them when he knows the hearing time.
Frederick County Board of Zoning Appeals Page 1586
March 20, 2012
Mr. Cheran explained that the lawsuit brought by opposition to the Round Hill Water Tower
raised some pertinent points for staff. Anything having to do with Chapter 165, Zoning, like lot
requirements, is decided by the Board of Zoning Appeals. Historically, anything having to do with
subdivisions, such as a waiver, is brought to the Board of Supervisors under Chapter 144, Subdivision,
after review by the Zoning Administrator and Planning Commission. Staff is going through the process
to change the ordinance to have lot requirements covered under Chapter 144. Until that is done, there
are two pending variance requests concerning lot size that will be brought before the BZA at some point.
Chairman Givens stated that if he understands correctly, the Board of Zoning Appeals will be
subjected to the same requirements of the ordinance as the Zoning Administrator. The BZA doesn't
have any leeway except for what the ordinance says. Mr. Cheran stated that the BZA can make the
decision and if the BZA denies the variance, it will go through•the Appeal process.
There being no further business, the meeting adjourned at 3:50 p.m.
Respectfully submitted,
Aam—:ivens, Chairman
Bev Dellinger, Secretary
Frederick County Board of Zoning Appeals Page 1587
March 20, 2012