BZA 07-15-14 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
July 15, 2014
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of May 20, 2014
PUBLIC HEARING
3) Variance Request #02-14 of Debra Johnson and Richard Oram, submitted by Marsh &
Legge Land Surveyors, P.LC., for a100 foot right side yard variance to a required 200 foot
right side setback resulting in a 100 foot right side variance. This property is located on the
western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place
which is located off of Apple Pie Ridge Road and is identified with Property Identification
Number 42-A-209 in the Gainesboro Magisterial District.
4) Variance Request #03-14 of Wright Renovation Inc. (Linda Wright), submitted by
Marsh & Legge Land Surveyors P.L.C., for a 11.5” Dowell J. Circle front yard variance for
the 132 Dowell J. Circle dwelling lot, 12.6’ Anderson Avenue front yard variance for the
132 Dowell J. Circle dwelling lot, 7.9’ Anderson Avenue front yard variance for the 103
Anderson Avenue dwelling lot, 28’ variance for required 50’ private right-of-way width on
Anderson Avenue for 103 Anderson Avenue dwelling lot. Existing parcel has two dwelling
located thereon. Variances are requested for existing structures in anticipation of a
subsequent subdivision into two lots. This property is located on the southeastern side of
the intersection of Dowell J. Circle and Anderson Avenue and is identified with Property
Identification Number 54F-A-22 in the Red Bud Magisterial District.
5) Other
MINUTES FOR
THE
MAY 20, 2014
BZA MEETING
DRAFT
Frederick County board of Zoning Appeals Page 1638
May 20, 2014
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 May 20, 2014.
PRESENT: Jay Givens, Chairman, Back Creek District; Eric Lowman, Vice-Chairman, Red Bud District;
Gary Oates, Stonewall District; Reginald Shirley III, Opequon District; Bruce Carpenter, Gainesboro
District; Ronald Madagan, Member-at-Large.
ABSENT: Kevin Scott
STAFF
PRESENT: Mark Cheran, Zoning Administrator, David Burke, Zoning Inspector, 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.
On a motion made by Mr. Oates and seconded by Mr. Carpenter, the minutes for the February 19, 2014
meeting was unanimously approved.
PUBLIC HEARING
Variance Request #01-14 of A & R Rentals, submitted by Marsh & Legge Land Surveyors, PLC, for a 25
foot right yard variance from the required 50 foot side setback will result in a 25 foot right side yard
setback and for a 22 foot front yard variance against Capon Springs Trail from the required 60 foot front
setback and will result in a front setback 38 foot along Capon Springs Trail. The property is located at
the intersection of Basil and Capon Springs Trail 0.6 miles west of Wardensville Grade and is identified
with Property Identification Number 69A-1-32-115 in the Back Creek Magisterial District.
Mr. Burke presented the staff report. The Applicant is requesting a variance and the property is located
at the intersection of Basil and Capon Springs Trail which is 0.6 miles west of Wardensville Grade located
in the Back Creek Magisterial District.
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Frederick County board of Zoning Appeals Page 1639
May 20, 2014
A & R Rentals is requesting a 25 foot right yard variance and a 22 foot front yard variance. The property
is zoned Rural Areas (RA) and the current setbacks are 60 foot in the front and 50 foot in the rear and
50 foot on the sides.
Staff supports Variance #01-14 because of the size of the lot and the current setbacks. Staff feels that
this variance falls under the hardship code. The Code of Virginia 15.2-2309 (2), states no variance shall
be granted unless the Applicant 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.
If the variance is granted, it will result in a 25 foot right yard setback adjoining lot 114 and a 38 foot
front setback along Capon Springs Trail.
Chairman Givens asked if there are any questions for staff.
Mr. Artz of Marsh & Legge Land Surveyors represented Mr. Molden of A & R Rentals. Mr. Artz stated
that Mr. Burke presented the case to the Board and there is no need to be repetitive. Mr. Artz stated if
the Board had questions he would be glad to answer them.
Mr. Molden declined speaking since he was represented by Mr. Artz.
Chairman Givens at 3:35 asked if there was anyone here to speak for or against the request.
Public Hearing is closed and the floor is open for comments.
COMMENTS
Mr. Oates is in support of the request because of the current setbacks.
The Board of Supervisors is aware of the issue with the setbacks in the Rural Areas (RA). Mr. Shirley
asked what they recommend. The Board of Supervisors did not do anything.
Mr. Cheran stated that is correct. The Rural Area (RA) was changed about 5 years ago and they are not
willing to entertain the idea again. That is why the setback request appears before the BZA Board.
Mr. Shirley made a motion to approve Variance Request 01-14 and it was seconded by Mr. Carpenter.
The vote was unanimous for approval.
OTHER
Chairman Givens inquired if there are any applications pending for the June meeting. Mr. Cheran
responded there are no applications at this time; the cut-off date is Friday, May 23, 2014.
Chairman Givens asked the members to review and insert new Bylaws into their binders.
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Frederick County board of Zoning Appeals Page 1640
May 20, 2014
There being no further business, Mr. Oates made the motion to adjourn and it was seconded by Mr.
Carpenter at 3:40.
RESPECTFULLY SUBMITTED,
______________________
James Givens, Chairman
______________________
Pamala Deeter, Secretary
VARIANCE REQUEST #02-14
OF
DEBRA JOHNSON
AND
RICHARD ORAM
VARIANCE APPLICATION #02-14
DEBRA JOHNSON & RICHARD ORAM
Staff Report for the Board of Zoning Appeals
Prepared: June 20, 2014
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:
July 15, 2014 – Pending
LOCATION: The property is located on the western side of Woodcrest Drive, 0.25 miles north of
the intersection with Woodside Place, which is located off of Apple Pie Ridge Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 42-A-209
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Orchard
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant/Forest
VARIANCE REQUESTED: The applicant is requesting a 100-foot right side yard variance to the
required 200-foot right side orchard setback.
REASON FOR VARIANCE: The property is five acres in size and due to topography, cannot be
built on at the current 200-foot setback requirement from an orchard.
STAFF COMMENTS: 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
Variance #02-14 – Debra Johnson & Richard Oram
Page 2
June 20, 2014
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 Zoning District to the
current RA (Rural Area) Zoning District. The Frederick County Board of Supervisors amended the
setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this
property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and 200 feet on the right side.
This property and the adjoining properties were created as five-acre lots in 1978 and are known as
the Anderson Subdivision. The setbacks for this subdivision were associated with the A-2 Zoning
District setbacks as noted above. The setbacks of adjoining properties are consistent with current RA
(Rural Area) setbacks, as the dwellings are approximately 50 feet from the side property lines. The
applicant is requesting a 100-foot variance on right side, from the required 200-foot setback. This
variance, if granted, would result in a 100-foot right side yard setback.
STAFF CONCLUSIONS FOR THE JULY 15, 2014 MEETING:
The Code of Virginia 15.2-2309 (2), 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) 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.
This variance request is to allow for construction of a single-family dwelling with a setback of 100
feet due to topography; the required setback is 200 feet to an adjoining orchard on the right side. This
proposed setback would be consistent with the character of the district, and meets the intent of The
Code of Virginia 15.2309 (2). This request from current setbacks of the RA (Rural Area) Zoning
District may be justified.
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42 A 209
42 A209A
42 A 211
42 A 256
42 A 257
42 A258A
42 7 4
42 7 5
42 7 6
42 15 7
42 15 8
42 15 9
VAR0214
Applications
Parcels
Building FootprintsB1 (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, 2014Staff: mcheran
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VAR # 02 - 14Debra Johnson Richard OramPINs:42 - A - 20955' Side Yard Variance
VAR # 02 - 14Debra Johnson Richard OramPINs:42 - A - 20955' Side Yard Variance
0 160 32080 Feet
VARIANCE REQUEST #03-14
OF
WRIGHT RENOVATION, INC.
(Linda Wright)
VARIANCE APPLICATION #03-14
WRIGHT RENOVATIONS INC.
Staff Report for the Board of Zoning Appeals
Prepared: July 8, 2014
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:
July 15, 2014 – Pending
LOCATION: The property is located on the southeastern side of the intersection of Dowell J.
Circle and Anderson Avenue.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54F-A-22
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 11.5’ Dowell J. Circle front yard variance
for the 132 Dowell J. Circle dwelling lot, 12.6’ Anderson Avenue front yard variance for the 132
Dowell J. Circle dwelling lot, 7.9’ Anderson Avenue front yard variance for the 103 Anderson Avenue
dwelling lot, and a 28’ variance for required 50’ private right-of-way width on Anderson Avenue for
103 Anderson Avenue dwelling lot.
REASON FOR VARIANCE: The existing parcel has two (2) dwellings located thereon. The
variance (s) are requested for the existing dwellings in anticipation of a subdivision into two (2)
parcels.
Variance #03-14 – Wright Renovation
Page 2
July 8, 2014
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned R-3 (Residential General) in 1967. The property setback
lines at the adoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards, and
25 rear. Minimum lot size for the R-3 District was 12,000 sq. ft. Frederick County amended its
Ordinance in 1989 to change the R-3 Zoning District to the current RP (Residential Performance)
Zoning District. Lot sizes within the RP Zoning District range from 1,000 sq. ft. to 3,000 sq. ft. The
current setbacks for this property are 35 feet to the front, 10 feet side yards, and 25 feet rear.
The property currently has two (2) dwellings (132 Dowell J. Circle and 103 Anderson Avenue) that
were built in the 1970s; and do not meet the zoning setback requirements. The applicant desires to
subdivide this 9,063.3 +/- sq. ft. parcel into two (2) parcels of 4,745.4 +/- sq. ft. and 4,308.9 sq. ft.
respectfully. These parcels will be single-family small lots of the RP Zoning District. However, for
this subdivision to occur the applicant needs a variance from the single-family small lot setbacks of:
25 feet front, 5 feet side yard, and 15 feet rear.
The applicant is requesting at 132 Dowell J. Circle dwelling an 11.5 foot front yard setback resulting
in 13.5 setback. This dwelling fronts along Anderson Avenue and a request of a 12.6 foot front yard
setback from Anderson Avenue resulting in a 12.4 setback. (Exhibit 1)
The applicant is requesting at 103 Anderson Avenue dwelling a setback 7.6 foot front yard from
Anderson Avenue resulting in 17.1 setback. This property will need a variance from the required 50
foot right-of-way to allow this subdivision, as Anderson Avenue is 22 feet wide. (Exhibit 1) This
dwelling has an encroachment of a screened porch on an adjoining property; this encroachment will
be adjusted with the adjoining property prior to the subdivision of this property. (Exhibit 2)
STAFF CONCLUSIONS FOR THE JULY 15, 2014 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 request for a variance from the current setbacks of the RP
(Residential Performance) District specifically, the setbacks of the single-family small lot type may
be justified. The proposed lot sizes will be consistent with properties in the vicinity, and not a
detriment to the same.
AND
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VAR0314
54 A 114
54F A 24
54F A 27
54F A 29
54F 2 2
54F A 28
54F A 11
54F 2 1
54F A 12
54F A 22
54F A 13
54F A 14
54F A 15
54F A 16
54F 1 2
54F A 21
54F A 20
54F 1 1 54F1 3
Applications
Parcels
Building FootprintsB1 (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, 2014Staff: mcheran
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VAR # 03 - 14Wright Renovation Inc.PINs:54F - A - 2211.5' front yard, 12.6' front yard,7.9' front yard, 28' Variance for required 50' ROW
VAR # 03 - 14Wright Renovation Inc.PINs:54F - A - 2211.5' front yard, 12.6' front yard,7.9' front yard, 28' Variance for required 50' ROW
0 50 10025 Feet