BZA 12-17-13 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 17, 2013
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of October 15, 2013
PUBLIC HEARING
3) Variance Request #06-13 of Michael M. Milam, submitted by Marsh & Legge Land
Surveyors, PLC, for a 48.7 foot right side yard variance, resulting in a 1.3 foot right side
setback for a single family dwelling. This property is located on the South side of Lake
Serene Drive, 0.2 miles east of the intersection with Saint Clair Road (Route 677), and is
identified with Property Identification Number 31B-1-14 in the Gainesboro Magisterial
District.
4) Other
MINUTES FOR
THE
OCTOBER 15, 2013
BZA MEETING
Frederick County Board of Zoning Appeals October 15, 2013 Page 1624
MEETING 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 15, 2013.
PRESENT: Jay Givens, Chairman, Back Creek District; Eric Lowman, Vice-Chairman, Red Bud District;
Gary Oates, Stonewall District; Reginald Shirley, III, Opequon District; Kevin Scott, Shawnee District;
Ronald Madagan, Member-at-Large.
ABSENT: Bruce Carpenter, Gainesboro District
STAFF
PRESENT: Mark Cheran, Zoning Administrator, and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Chairman Givens at 3:30 p.m. and he determined there was
a quorum.
Chairman Givens led the Pledge of Allegiance.
Chairman Givens asked if there are any applications for the November meeting. Mr. Cheran
responded there aren’t any applications pending at this time; the cut off-date is Friday, October 18,
2013. The new Zoning Inspector, David Burke, was introduced.
On a motion made by Mr. Scott and seconded by Mr. Oates, the minutes for the September 17,
2013 meeting was unanimously approved.
PUBLIC HEARING
The Appeal Application #03-13 of Mary Albaugh Good who is appealing the decision of the
Zoning Administrator as to Chapter 165 Zoning, Part 702 FP Floodplain Districts, under Section 165-
702.10(A)(1) Permit and Application Requirement, of the Frederick County Zoning Ordinance. The
subject property is located at 120 Brush Creek Road, and is identified with Property Identification
Number 13-A-25A in the Gainesboro Magisterial District. Mr. Givens states the Applicant was heard on
July 16, 2013, and was tabled for 60 days.
The appeal came before the Board last month, (September) and was removed from the table.
Mr. Givens states that the Appeal was tabled until the October 15, 2013 meeting. Chairman Givens has
removed the Appeal from the table and will turn the meeting over to Staff for an update of information.
Frederick County Board of Zoning Appeals October 15, 2013 Page 1625
Mr. Cheran stated that the Board heard the Applicant on July 16, 2013 because Ms. Good was
appealing the decision of the Zoning Administrator as to the Chapter 165 Zoning, Part 702 FP Floodplain
District under Section 165-702.10(A)(1) Permit and Application Requirment. The appeal was tabled for
60 days giving the applicant time to get the paperwork complete to meet the requirements of the
Zoning Ordinance.
Ms. Good submitted paperwork to the County on September 13, 2013, by a certified surveyor in
regards to the Floodplain. Ms. Good met with the County Engineer, County Attorney and myself
because the paperwork submitted by the surveyor was reviewed and some changes needed to be made.
Since that time, Ms. Good has contacted her certified surveyor and the changes have been made. Ms.
Good submitted the paperwork on October 11, 2013, which is on the dais before you. This paperwork
meets the County Engineer’s approval and the Zoning Ordinance as to the Floodplain issue. The notice
of violation against Mary Albaugh Good is moot.
Mr. Cheran introduced Mr. Williams, and said if there were any questions Mr. Williams would be
able to answer them.
Chairman Givens clarified with Mr. Cheran that no variance would be needed for the
construction of this building. Mr. Cheran responded that is correct. Chairman Givens asked if there is
now no longer a notice of violation. Mr. Cheran responded that is correct.
Chairman Givens asked Mr. Williams if he had anything else to say. Mr. Williams said no. Mr.
Williams stated the notice of violation is gone. Proper action for the Board is to dismiss the appeal.
Chairman Givens asked if the Board had any questions. Chairman Givens stated since there is no
notice of appeal, this matter is finalized and removed from the docket. The applicant can now proceed
according to the County Zoning Ordinance.
Chairman Givens asked if there was any old business.
There being no further business Mr. Oates made the motion to adjourn the meeting and Mr.
Scott seconded the motion. The meeting was adjourned at 3:40.
Respectfully submitted,
_____________________
James Givens, Chairman
_____________________
Pamala Deeter, Secretary
VARIANCE REQUEST #06-13
OF
MICHAEL M. MILAM
VARIANCE APPLICATION #06-13
MICHAEL M. MILAM
Staff Report for the Board of Zoning Appeals
Prepared: December 2, 2013
Staff Contact: Mark Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
December 17, 2013 – Pending
LOCATION: The property is located at 485 Lake Serene Drive in the Lake Serene Subdivision.
Take 522 North, turn right onto Cedar Grove Road (Route 654), left onto Saint Clair Road (Route
677), and left toward Lake Serene Drive.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31B-1-14
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Lake
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 48.7 foot right side variance resulting in a 1.3 foot right side setback for
a single family dwelling.
REASON FOR VARIANCE: Frederick County adopted zoning in 1967. The Frederick County
historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The
property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet
for the side yards. Frederick County amended its Ordinance in 1989 to change the A-1 (Agricultural
Variance #06-13 – Michael M. Milam
Page 2
December 2, 2013
Limited) District to the current RA (Rural Areas) District, with setbacks for this property 60 feet to
the front, 50 feet to the rear, and 50 feet to both sides.
STAFF COMMENTS: The applicant has applied for a variance to construct an addition to an
existing dwelling. This addition will be a one (1) story breezeway that will connect to an existing
garage. Therefore, the property cannot meet the current setbacks associated with the RA (Rural
Areas) District. The applicant is requesting a variance of 48.7 feet on the right side property line
from the current 50 foot setback side requirement of the RA (Rural Areas) District. This variance, if
granted, would result in a 1.3 foot right side yard setback.
STAFF CONCLUSIONS FOR THE DECEMBER 17, 2013 MEETING:
The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick
County Zoning Ordinance states that no variance shall be granted unless the application can meet
the following requirements: The strict application of the Ordinance will produce an undue hardship,
the hardship is not generally shared by the properties in the same zoning district and vicinity, that the
authorization of such variance will not be a substantial detriment to adjacent property, and the
character of the district will not be changed by the variance. This proposed variance does not meet
the intent of the Code of Virginia, Section 15.2-2309 (2) or Section 165-1001.2 (2) of Frederick
County. Therefore, this request for a variance from the current setbacks of the RA (Rural Areas)
District may not be justified.
LAKE S
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31B 1 B
31B 1 18
31B 1 17
31B 1 16
31B 1 15
31B 1 14
31B 1 13
31B 1 12
31B 1 11 31 A 100
31B 1 10
VAR0613
Applications
Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: December 2, 2013Staff: mcheran
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VAR # 06 - 13Michael MilamPINs:31B - 1 - 14Variance 48.7 ft.
VAR # 06 - 13Michael MilamPINs:31B - 1 - 14Variance 48.7 ft.
0 100 20050 Feet