HomeMy WebLinkAboutBZA 10-15-13 Meeting MinutesMEETING MINUTES
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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 1624
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.
Re pectfully sub fitted,
James Givens, Chairman
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Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals
October 15, 2013 Page 1625