BZA 05-20-14 Meeting Minutes
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.
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.