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BZA 03-17-15 Meeting Minutes Frederick County Board of Zoning Appeals Page 1648 MEETING MINIUTES 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 March 17, 2015. PRESENT: Eric Lowman, Vice-Chairman, Red Bud District; Gary Oates, Stonewall District; Reginald Shirley III, Opequon District; Bruce Carpenter, Gainesboro District; Jeremy McDonald, Back Creek District; Kevin Scott, Shawnee District; Ronald Madagan, Member-at-Large. ABSENT: 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. On a motion made by Mr. Oates and seconded by Mr. Carpenter, the minutes for the July 15, 2014 meeting was unanimously approved with no changes. This being the first Board of Zoning Appeals meeting in 2015, the election of officers and adoption of the Bylaws was held. Vice-Chairman Lowman opened the floor for nomination for BZA Vice-Chairman. Mr. Oates nominated Mr. Carpenter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mr. Carpenter as Vice-Chairman. Mr. Cheran opened the floor for nomination for BZA Chairman. Mr. Carpenter, Vice-Chairman nominated Mr. Lowman, and it was seconded by Mr. McDonald. The vote was unanimous to elect Mr. Lowman as Chairman. Mr. Cheran opened the floor for nomination for Secretary. Mr. Carpenter nominated Mrs. Deeter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mrs. Deeter as Secretary. Mr. Cheran stated the next order of business is setting the time, day and location for the Board of Zoning Appeals meeting and the Bylaws. Currently, the meeting time is 3:30 p.m. on the third Tuesday of the month and the location is the Board Room of the Frederick County Administration Building. Frederick County Board of Zoning Appeals Page 1649 Mr. Oates made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month at the same location and no changes to the Bylaws. Mr. Scott seconded the motion. The vote was unanimous. Mr. Cheran stated that the next meeting is April 21, 2015, and as of today, no applications have been submitted. Mr. Cheran stated the deadline is March 27, 2015. PUBLIC HEARING Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback and a 65.0 foot left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396 McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Mr. Cheran presented the staff report. The Applicant is requesting a variance and the property is located at 396 McDonald Road in the Back Creek Magisterial District. Mr. Wright is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. The property is zoned RA (Rural Areas) and the adjoining property is zoned RA too. Mr. Cheran stated that Frederick County adopted zoning 1967. The Frederick County historical zoning map shows this property 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. The County amended its Ordinances in 1989 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning Districts, making the current setbacks for the property 60 feet to the front, 100 feet to the right and 50 feet to the rear and left side. Mr. Cheran stated that the house was constructed in 1946 and is currently not livable, due to foundation and truss damage. Mr. Wright is requesting to replace the existing damage and to add a bump out for a new bedroom. Mr. Cheran stated that a variance must meet the following criteria of The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-001.02(C) of the Frederick County Zoning Ordinance state that no variance shall be granted unless the application can meet the following: 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. 4. The character of the district will not be changed by the variance. Staff believes that this request is consistent with setbacks of the surrounding properties on McDonald Road where the dwellings are 40 to 50 feet from the road. The dwelling cannot be moved due to Frederick County Board of Zoning Appeals Page 1650 topography and drainfield. Should the variance be granted, the resulting setbacks will be 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. Chairman Lowman asked if there were any questions for Staff. Chairman Lowman asked if anyone is in favor of this variance to come forward and speak. Mr. Wright came forward. Mr. Wright asked the Board members if they had any questions for him. Mr. Oates stated he noticed the addition is coming closer to the well and wanted to know if the Health Department has signed off yet. Mr. Wright replied no not yet. Mr. Wright said when they pulled back the floor they found the foundation was setting on nothing but stacked rock. Mr. Oates commented that if approved that contingence might be the Health Department approval and want to make the applicant aware. Mr. Carpenter suggested you might have to drill another well. Mr. Carpenter questioned the outbuilding looks like they are in the drainfield showing on the map. The previous owner of the property, Mr. Wright’s, brother came forward and answered question concerning the outbuilding. The buildings are pole barns or sheds and are falling down. The intention is to remove them completely. When the Applicant’s brother purchased the property, the drainfield was in working condition. Chairman Lowman opened the floor up to anyone opposing the variance. Mr. Strawderman who lives at 388 McDonald Road came forward and passed out a handout in which he is opposing the variance. Mr. Strawderman expressed his concerns on encroaching of his property and the possibility of having to put in a large septic system that meets today codes which could possibly harm my property. Mr. Oates questioned Mr. Strawderman about the survey submitted it doesn’t have a house on it. The survey has a garage and shed. Mr. Strawderman said the garage is the house. I have a large garage with an apartment like house. Mr. Oates confirmed that the survey was mislabeled. Mr. Oates also clarified the outbuilding on Mr. Strawderman’s property. Mr. Madagan stated, he rode by the property and two out buildings appear to be right on property line. Mr. Oates clarified that Mr. Strawderman objections to the variance is that the encroachment of 3 foot closer on the right side property line going from 22.8 foot to 19.4 foot. Mr. Strawderman agreed with Mr. Oates. Mr. McDonald asked Mr. Strawderman would he object if the dwelling was moved closer to the front or to the other side. Mr. Strawderman didn’t oppose to moving dwelling closer to front or to the other side. Mr. Strawderman main concern is about the dwelling being 3 foot closer to his property line.