BZA 12-15-15 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 15, 2015
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) November 17, 2015 Meeting Minutes
PUBLIC MEETING
3) Variance Request #07-15 of Oakcrest Builders for a 10 foot front yard variance to a
required 20 foot front setback will result in a 10 foot front setback. This property is located
at the northeastern corner of Harvest Ridge Drive and Mikey Court in the Village at
Harvest Ridge Subdivision and is identified with Property Identification Number 63-9-4-67
in the Gainesboro Magisterial District.
4) Review of By-laws
5) Other
MINUTES FOR
THE
NOVEMBER 17, 2015
BZA MEETING
DRAFT
Frederick County Board of Zoning Appeals Page 1670
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 November 17, 2015.
PRESENT: Eric Lowman, Chairman Red Bud District; Bruce Carpenter, Vice Chairman,
Gainesboro District; Kevin Scott, Shawnee District; John Cline, Stonewall District; and Ronald
Madagan, Member at Large.
ABSENT: Jeremy McDonald, Back Creek District; and Reginald Shirley III, Opequon District
STAFF
PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala
Deeter, BZA Secretary.
CALL TO ORDER
The meeting was called to order at 3:30 p.m. and was determined there was a quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman inquired if there are any applications pending for the month of December.
Mr. Cheran responded no. The cut-off date is November 20, 2015.
On a motion made by Mr. Scott and seconded by Mr. Carpenter the minutes for the October 20,
2015 were unanimously approved as presented.
PUBLIC HEARING
Mr. Cheran came forward and presented the variance request #06-15 of Kenneth Harper and
Dorothy Harper. The variance request is for a 9.7 foot variance to a required 15 foot rear setback
resulting in a 5.3 foot setback. This property is located at 157 Harvest Ridge Drive and is
identified with Property Identification Number 63-9-2-13 in the Gainesboro Magisterial District.
Mr. Cheran stated the original dwelling was completed in 2007 with an approved building permit
and the property backs to open space. The prior owner built the addition to the dwelling without
an approved building permit. This addition does not comply with the rear setback of the single -
family small lot of 15 feet and the addition is illegal. This addition was discovered when a
survey was completed by the Title Company upon Mr. and Mrs. Harper purchasing the home.
DRAFT
Frederick County Board of Zoning Appeals Page 1671
Mr. Cheran stated that the Applicant is only trying to get a clear title to the home. Mr. Cheran
noted that Applicant purchased this home in good faith.
Mr. Cheran concluded by saying that under The Code of Virginia 15.2-2309(2) and Code of
Frederick 165-1001.2 that it clearly meets the requirement. Mr. and Mrs. Harper purchased the
house in good faith and there is no fault to the current Applicant because he did not build the
addition. Mr. and Mrs. Harper are trying to correct the error of the previous landowner.
Chairman Lowman asked for anyone to come forward to speak for or in opposition.
The Applicant, Mr. Harper, came forward. I live at 157 Harvest Ridge Drive. The previous
owner, Mr. Whetzel, was to address the issue with the rear setback. Mr. Whetzel was to take
care of this in August and then in September but the setback issue wasn’t resolved. Mr. Harper
noted that he had to move in the house and is now trying to work with the County to resolve the
rear setback issue to receive a clear title.
The next door neighbor came forward Ms. O’Brine and she lives at 156 Harvest Ridge Drive.
Ms. O’Brine expressed her concern. If the setback doesn’t affect her property line, she has no
objection to the structure.
Mr. Cheran noted that Mr. Harper has applied for a building permit.
DISCUSSION
No discussion
Vice-Chairman Carpenter made a motion to approve Variance #06-15 of Kenneth Harper and
Dorothy Harper and it was seconded by Mr. Scott and the vote was unanimous.
Mr. Madigan made a motion and Mr. Scott seconded the motion to adjourn the meeting.
There being no further business the meeting adjourned at 3:45 p.m.
Respectfully submitted,
________________________
Eric F. Lowman, Chairman
______________________
Pamala Deeter, Secretary
VARIANCE REQUEST #07-15
OF
OAKCREST BUILDERS
VARIANCE APPLICATION #07-15
OAKCREST BUILDERS
Staff Report for the Board of Zoning Appeals
Prepared: November 30, 2015
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:
December 15, 2015
Public Hearing; Action Pending
LOCATION: The property is located at the northeastern corner of Harvest Ridge Drive and Mikey
Court in the Village at Harvest Ridge subdivision.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 63-9-4-67
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Vacant
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 10 foot front yard variance to the required
20 foot front setback resulting in a 10 foot front setback for a dwelling.
REASON FOR VARIANCE: Narrowness of the lot to allow for a single-family dwelling to
meet the front setback requirements.
STAFF COMMENTS: This application is for a variance based on the narrowness of the platted
lot. The lots within this subdivision known as Village at Harvest Ridge are single-family small
lots. This lot type has a minimum lot size of 3,750 square feet. The setback requirements for this
Variance #07-15 – Oakcrest Builders
Page 2
November 30, 2015
lot size are: front 25 foot, sides 5 foot, and rear 15 foot. This lot is a corner lot of 8,069 square
feet and has the following setbacks: front 20 foot, sides 5 foot, and rear 15 foot. The Applicant is
requesting a 10 foot front yard variance to the required 20 foot setback, resulting in a 10 ft. front
setback. The Applicant is requesting the variance based on earlier plat that shows a 10 foot
setback along Harvest Drive.
STAFF CONCLUSIONS FOR THE DECEMBER 15, 2015 MEETING: The Code of Virginia
15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
This proposed variance does not meet the above-referenced requirements, as the platted lot meets
and exceeds the square foot requirement of the single-family small lot. The Applicant knew the
limits of the lot and should work within those limitations. Therefore, this variance should not be
granted.
Winchester
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MIKEY CT
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Building Footprints
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VAR # 07 - 15Oakcrest BuildersPIN:63 - 9 - 4 - 67Front Setback
0 75 15037.5 Feet
VAR 07-15
VAR # 07 - 15Oakcrest BuildersPIN:63 - 9 - 4 - 67Front Setback
63 9 4 67
Winchester
423MIKEY CT
421MIKEY CT 411MIKEY CT
409MIKEY CT
407MIKEY CT
405MIKEY CT
400MIKEY CT
402MIKEY CT
101HARVESTRIDGE DR
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103HARVESTRIDGE DR
106HARVESTRIDGE DR
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108HARVESTRIDGE DR
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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: December 1, 2015Staff: mcheran
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VAR # 07 - 15Oakcrest BuildersPIN:63 - 9 - 4 - 67Front Setback
0 75 15037.5 Feet
VAR 07-15
VAR # 07 - 15Oakcrest BuildersPIN:63 - 9 - 4 - 67Front Setback
63 9 4 67
REVIEW OF BY-LAWS
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FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed December 15, 2015)
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
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4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
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4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
- 4 -
7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
all minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
- 5 -
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
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8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.