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BZA 09-17-13 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 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. Frederick County Board of Zoning Appeals September 17, 2013 Page 1619 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. Frederick County Board of Zoning Appeals September 17, 2013 Page 1620 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 3113-1-42 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(0) 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. Frederick County Board of Zoning Appeals September 17, 2013 Page 1621 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 1 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. Frederick County Board of Zoning Appeals September 17, 2013 Page 1622 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 �Gn��a%a v—e.e,Ce�J Pamala Deeter, Secretary Frederick County Board of Zoning Appeals September 17, 2013 Page 1623