HomeMy WebLinkAboutBZA 11-17-15 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Roma 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, Mice Chairman,
Gainesbcrc District; Kevin Scott, Shawnee District; John Cline, Stonewall District; and Rlonalld
Madagan, Member at Large.
ABSENT: Jeremy McDonald, Back Creek Di -strict; and Reginald Shirley III, Opequon Dliistriict
'ITAFF
PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zlening Inspector; and Pamalla
Dleeter, BZ1A 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 2C, 2C 15.
On a motion made blyl Nk. Scott and seconded by Mr. Carpenter the minutes for the Octcbler 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 9.71 foot variance to a required 15 foot rear setback
resulting in a 5.3 foot setback. This property) is ]located at 1571 Harvest Ridge Drive and its
identified with Property Identiification Number 63-9-2-13 in the Gainesboro Magisterial District.
Mr. Cheran stated the original dwelling was completed iin 20071 with an approved building permit
and the property backs to open space. The prior owner buillt the addition to the dwelling without
an approved bluilding permit. This addition does not comply with the rear setback of the single-
family smalll 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.
Rrederick County Board of Zoning Arpeals Page 1670
Mr. Cheran stated that the Applicant is only trying to get a clear title to the home. Mr. Cheran
noted that Appliicant 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-IC01.2 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 builld the
addition. Mr. and Mrs. Harper are trying to correct the error of the previous landowner.
Chairman Llowman asked for anyone to come forward to speak for or in opposition.
The Applicant, Mr. Harper, came forward. II live at 157 Harvest Ridge Drive. The previous
owner, Mr. Wlhetzel, 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 movie in the house and is now trying to work with the County to resollve the
rear setback issue to receive a clear title.
The nexit door neighbor came forward Ms. O'Brine and she ]lives at 156 Harvest Ridge Drive.
Ms. O'Brine expressed her concern. If the setblack 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.
DIISCUSSION
No discussion
Vice -Chairman Carpenter made a motion to approve Variance 46-15 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.
Ices et y tbmitted,
1
J
Eric F. Lowman. Chairman
Pamala Deeter, Secretary
Brederick County Board of Zoning Appeals Plage 1671