HomeMy WebLinkAboutBZA 10-15-13 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
October 15, 2013
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of September 17, 2013
PUBLIC MEETING
3) 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.
4) Other
MINUTES FOR
THE
SEPTEMBER 17, 2013
BZA MEETING
Frederick County Board of Zoning Appeals September 17, 2013 Page 1619
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 September 17, 2013.
PRESENT: Jay Givens, Chairman, Back Creek District; Eric Lowman, Vice-Chairman, Red Bud District;
Gary Oates, Stonewall District; Bruce Carpenter, Gainesboro District; Reginald Shirley, III, Opequon
District; Kevin Scott, Shawnee District; Ronald Madagan, Member-at-Large.
ABSENT:
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 October meeting. Mr. Cheran
responded there aren’t any applications pending at this time; the cut off-date is Friday, September 20,
2013. Mr. Cheran responded that Mary Good’s appeal application is pending. Chairman Givens said the
Board will discuss this later.
On a motion made by Mr. Oates and seconded by Mr. Scott, the minutes for the July 16, 2013,
meeting was unanimously approved.
PUBLIC HEARING
Variance Request #04-13 of Bruce Johnson and Cynthia Steinkamp, submitted by Marsh &
Legge Land Surveyors, PLC, for a 15 foot right side yard variance, resulting in a 35 foot right side
setback for a single family dwelling. This property is located at the end of a cul-de-sac on Isaac Drive,
southeast of Fletcher Drive, south of Northwestern Pike (U.S. Route 50), and is identified with
Property Identification Number 26-2-21 in the Gainesboro Magisterial District.
DRAFT
Frederick County Board of Zoning Appeals September 17, 2013 Page 1620
ACTION-VARIANCE APPROVED
Mr. Cheran presented the staff report. The applicant is requesting a 15 foot right side yard
variance, resulting in a 35 foot right side setback for a single dwelling. The reason for the variance is
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the
zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County amended
its Ordinance in 1989 to change the A-2 (Agricultural General) District to the current RA (Rural Areas)
District. The Frederick County Board of Supervisors amended the setbacks for the RA (Rural Areas)
District on February 28, 2007, making the current setbacks for the property 60 feet to the front, 50 feet
to the rear, and 50 feet to both sides.
To conclude, Mr. Cheran stated that the Code of Virginia 15.2-2309(2) and Section 165-
1001.2(C) of the zoning ordinance states that no variance shall be granted unless the application can
meet the following requirements:
1. The strict application of the Ordinance will produce an undue hardship.
2. The hardship is not generally shared by the properties in the same zoning district
and vicinity.
3. That the authorization of such variance will not be a substantial detriment to the
adjacent property and the character of the district will not be changed by the
variance.
Mr. Cheran stated that it appears that this variance may be justified.
The representative for the applicant, Mike Artz, came forward. Mr. Artz stated that the
property setbacks were established before the 1989 ordinance. Mr. Artz said that Mr. Johnson is trying
to center the house between the two houses that already exist. We were able to move the drainfield
back which means the house can be moved back further on the property. Because of the slopes, we
can’t place the house behind the drainfield.
Chairman Givens asked if the plat is showing the house already moved back or will he need
additional space.
Mr. Artz replied that the plat shows the house being moved back as far as it can go according to
the Health Department regulations.
Mr. Johnson, the applicant, commented that he purchased the property being told that the
setback was a 30 foot setback and now is finding it difficult to place a house on the property.
Chairman Givens opened the public hearing portion of the meeting. Mr. Thomas Willis, of the
HOA, spoke in favor for the variance. Chairman Givens closed the public hearing portion.
DRAFT
Frederick County Board of Zoning Appeals September 17, 2013 Page 1621
Discussion
Mr. Oates stated it is a hardship because it is not a buildable lot and he supports the variance.
Chairman Givens supports the variance because he visited the site and slopes are not buildable
area. The variance also meets the criteria of hardship. Chairman Givens spoke with a neighbor and they
had no issue concerning this variance.
Mr. Carpenter made a motion to approve Variance #04-13. Mr. Scott seconded the motion and
the vote was unanimous to approve Variance #04-13 as presented.
PUBLIC HEARING
Variance Request #05-13 of Clark Neff, Jr., submitted by Pifer Construction, for a 14.9 foot left
side yard variance, resulting in a 35.1 foot left side setback for an addition to a single family dwelling.
This property is located at 485 Lake Serene Drive in the Lake Serene Subdivision located off of U.S.
Route 522 North. The property is identified with Property Identification Number 31B-1-42 in the
Gainesboro Magisterial District.
ACTION – VARIANCE APPROVED
Mr. Cheran presented the staff report. The applicant is requesting a 14.9 foot left side yard
variance, resulting in a 35.1 foot left side yard setback for an addition to a single family dwelling.
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 front and 15 feet for the side yards. Frederick County amended
its Ordinance in 1989 to change the A-1 (Agricultural Limited) District. The Frederick County Board of
Supervisors amended the setback for the RA (Rural Areas) District on February 28, 2007, making the
current setbacks for this property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides.
Mr. Cheran stated that the property cannot meet the current setbacks today in the RA (Rural
Areas) District. This request for a variance from the current setbacks of the RA (Rural Areas) District may
not be justified because the Code of Virginia 15.2-2309(2), and Section 165-1001.2(C) of the zoning
ordinance states that no variance shall be granted unless the application can meet the following
requirements:
1. The strict application of the Ordinance will produce an undue hardship.
2. The hardship is not generally shared by the properties in the same zoning district and
vicinity.
3. That the authorization of such variance will not be changed by the variance.
Mr. Cheran stated staff received an email that the HOA of Lake Serene strongly supported Mr.
Neff.
DRAFT
Frederick County Board of Zoning Appeals September 17, 2013 Page 1622
The applicant is being representing by Mr. Richie Pifer of Pifer Construction. Mr. Pifer
stated that variance #08-05 for a Mr. Winsor is almost identical to this variance and was
approved at that time. The rear of the house would not be a good area for the addition due to
the topography so that would only leave the right side of the house. Mr. Pifer asked if there
were any questions.
Mr. Madagan had two questions. What is the intended purpose of this room and also
since you are close to property line will this create more drainage onto your neighbor’s
property? Mr. Pifer replied kitchen, dining room, family room and just living space. The
drainage will be no issue because the water runoff will be directed toward the back of the
house. The grading of this will also help with drainage.
Chairman Givens asked if there would be bedrooms constructed. Mr. Pifer replied no.
Chairman Givens clarified that no septic requirements need to be changed because no new
bedrooms were being constructed.
Mr. Scott asked when was house built and what is the square footage. Mr.Piffer stated
the house was built in 1983 and is approximately 1500 square foot.
Chairman Givens asked Mr. Neff if he had additional comments. Mr. Neff stated the
kitchen is small. Chairman Givens wanted to know how long has Mr. Neff owned the house. Mr.
Neff responded I purchased the house in January 2013. Mr. Neff said to make a note that the
house was supposedly built in the 1983 but the final inspection sticker says 1978.
Chairman Givens opened the public hearing portion of the meeting. There was no one
who wished to speak for or against this variance. Chairman Givens closed the public hearing
portion.
Discussion
Mr. Oates stated this not a hardship case, under the Sate Code, because Mr. Neff has an
existing house which is livable. Mr. Oates is not going to support this.
Mr. Madigan said that the HOA approved this addition and he would support the
applicant.
Mr. Carpenter stated this is one of the nicer regulated planned neighborhoods that the
County has.
Mr. Oates stated that the BOS was asked to revisit the setbacks in Lake Serene but the
BOS said to leave the setback at 50 feet.
Mr. Lowman asked Mr. Cheran if we have had other variances in Lake Serene or was it in
Lake Isaac? Mr. Cheran responded that we have had variances in Lake Serene in the past.
DRAFT
Frederick County Board of Zoning Appeals September 17, 2013 Page 1623
Mr. Madagan stated that one adjoining property owner’s home is approximately 5 foot
from the property line and Mr. Neff is requesting a 35 foot setback from the line.
Mr. Carpenter made a motion to approve Variance #05-13. Mr. Scott seconded the
motion and the vote was six yes and one no. Variance #05-13 was approved.
Other
Chairman Givens said one other item is Appeal #03-13 Mary Albaugh Good. The appeal
was tabled for sixty days and the time has expired. The Appeal is being removed from the table
with additional comments. Ms. Good had not spoken to a Staff member until Thursday,
September 12, 2013. Chairman Givens has looked at the incomplete paperwork that was
submitted by Ms. Good. Staff and the County Attorney need to review the paperwork first
before they can come back and give the Board the direction to proceed. Chairman Givens wants
to table the item again until the October 15, 2013, meeting. Action will be taken at the October
15, meeting.
Mr. Lowman made a motion that Appeal #03-13 Mary Albaugh Good was to be tabled
until October 15, 2013. Mr. Shirley seconded the motion and the vote was unanimous to table
Appeal #03-13 until October 15, 2013.
There being no further business, the meeting was adjourned at 4:05.
Respectfully submitted,
_____________________________
James Givens, Chairman
______________________________
Pamala Deeter, Secretary
DRAFT
APPEAL APPLICATION #03-13
OF
MARY ALBAUGH GOOD
APPEAL APPLICATION #03-13
MARY ALBAUGH GOOD, APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: October 9, 2013
Staff Contact: Mark R. 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:
July 16, 2013-Tabled by BZA
October 15, 2013
SUMMARY FROM JULY 16, 2013 MEETING: The Board heard the public hearing. The
applicant requested the Board table this application, to complete the FEMA paperwork It
was the consensus of the Board to have the application tabled for 60 days to allow the
applicant time to receive the paperwork back from FEMA.
LOCATION: The subject property is located at 120 Brush Creek Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 13-A-25A
PROPERTY ZONING & USE: Zoning: RA (Rural Area) District
Land Use: Residential/Country Store
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Vacant/Residential
South: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: Residential
Appeal Application #03-13 – Mary Albaugh Good
October 9, 2013
Page 2
APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance in determining compliance within the Floodplain (FP) District.
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
building of structures under Section 165-702.10(A) (1) of the Frederick County Zoning Ordinance.
STAFF COMMENTS: The applicant was cited for violation of the Frederick County Zoning
Ordinance Section 165-702.10 (A) (1) for constructing a structure within a Floodplain District. The
Applicant has not provided elevation certification documentation that the structure is not located
within the Floodplain District. This documentation is required prior to any construction of a structure
within a Floodplain District. Staff has not received any documentation regarding this structure as of
the date of the Notice of Violation, May 17, 2013.
The basis for the Frederick County Floodplain Districts is delineated by the Flood Insurance Rate
Map (FIRM), prepared by the Federal Emergency Management Agency (FEMA); Federal Insurance
Administration dated September 2, 2009. The Frederick County Geographic Information Systems
(GIS) Division overlays the FEMA map to identify the Floodplain District (s) within Frederick
County. The Applicant’s property is located within an identified Floodplain noted by the Frederick
County GIS map as Flood Zone A.
This structure is a farm structure and is exempt from Part1of Virginia Uniform Statewide Building
Code (Building Code). However, the Building Code subsection 6 states: Farm building and
structures lying within a floodplain or in a mudslide-prone area shall be subject to flood-proofing
regulations, as applicable. Therefore, the Applicant’s property is subject to the Frederick County
Zoning Ordinance Part 702 Floodplain Districts.
STAFF CONCLUSIONS FOR THE JULY 16, 2013 MEETING: Staff is requesting to affirm the
decision of the Zoning Administrator in the administration of the Frederick County Zoning
Ordinance, Section 165-702.10(A) (1) regarding constructing a structure within an indentified Flood
plain without proper documentation. The Board of Zoning Appeals (BZA) voted to table this action
for 60 days to allow the applicant time to complete the FEMA paper work.
STAFF CONCLUSION FOR THE OCTOBER 15, 2013 MEETING: The applicant submitted a
letter dated September 13, 2013, from a licensed surveyor in regards to the structure built within the
Floodplain. This letter was reviewed by staff including the County Engineer with the Applicant on
October 8, 2013, and does not meet the requirements of the Fredrick County Zoning Ordinance,
Section 165-702.10(A)(1). Therefore, Staff is requesting to affirm the decision of the Zoning
Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-
702.10(A)(1) regarding constructing a structure within an indentified Floodplain without proper
documentation.
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APPEAL0313
Floodplain
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)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 25, 2013Staff: mcheran
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APPEAL # 03 - 13Mary Albaugh GoodPINs:13 - A - 25A
APPEAL # 03 - 13Mary Albaugh GoodPINs:13 - A - 25A
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