BZA 10-20-15 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
October 20, 2015
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) September 15, 2015 Meeting Minutes
PUBLIC HEARING
3) Variance Request #04-15 of William G. Meier IV for a 35 foot left side yard variance to
a required 50 foot left side yard setback will result in a 15 foot left side yard setback, and a
35 foot right side yard variance to a required 50 foot right side yard setback will result in a
15 foot right side yard setback. This property is located in the 1,000 block of Jordan
Springs Road, on the south side of the road and is identified with Property Identification
Number 44-A-288 in the Stonewall Magisterial District.
4) Variance Request #05-15 of Robert Byers and Linda Byers for a 37 foot right side yard
variance to a required 50 foot right side yard setback will result in a 13 foot right side yard
setback. This property is located at 2159 Senseny Road and is identified with Property
Identification Number 65-A-25B in the Red Bud Magisterial District.
PUBLIC MEETING
5) Appeal Application #03-15 of James W. Loveless, Jr., who is appealing the decision of
the Zoning Administrator as to Chapter 165 Zoning, Part 606, M1 Light Industrial District,
under Section 165-606.02 Allowed uses, of the Frederick County Zoning Ordinance. The
subject property is located at 291 Independence Drive, and is identified with Property
Identification Number 64-11-16 in the Shawnee Magisterial District.
6) Other
MINUTES FOR
THE
SEPTEMBER 15, 2015
BZA MEETING
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Frederick County Board of Zoning Appeals Page 1661
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 September 15, 2015.
PRESENT: Bruce Carpenter, Vice Chairman Gainesboro District; Reginald Shirley III, Opequon District;
Kevin Scott, Shawnee District; and John Cline, Stonewall District.
ABESENT: Eric Lowman, Chairman, Red Bud District; Jeremy McDonald, Back Creek District; and Ronald
Madagan, Member at Large.
STAFF
PRESENT: Mark Cheran Zoning Administrator; David Burke, Zoning Inspector; Roderick Williams, County
Attorney 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.
Mr. Carpenter led the Pledge Allegiance.
Mr. Carpenter inquired if there are any applications pending for the month of October. Mr. Cheran
responded no applications have been received at this time but the cut-off date is Friday, September 25,
2015.
On a motion made by Mr. Scott and seconded by Mr. Shirley the minutes for August 18, 2015 were
unanimously approved as presented.
PUBLIC MEETING
Mr. Cheran came forward and expressed this is a Public Meeting. The Public Hearing was held on
August 18, 2015. Mr. Cheran briefed the new BZA Board member about the appeal. Mr. Cheran stated
the Applicant is appealing the decision of the Zoning Administrator as to land uses permitted within the
M-1 (Light Industrial) Zoning District. The property is located at 291 Independence Drive, in the
Shawnee Magisterial District.
Winchester Soccer Academy and FASST Fitness are located at 291 Independence Drive. Winchester
Soccer Academy has a business license but not for that property address. The FASST Fitness was cited
for violation of the Frederick County Zoning Ordinance Section 165-606.02, on June 8, 2015; for
operation of the FASST Fitness center/gym within in the M-1 (Light Industrial) Zoning District.
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Frederick County Board of Zoning Appeals Page 1662
Mr. Cheran stated that the County of Frederick uses the Standard Industrial Classification Code (SIC) to
determine the types of uses that are allowed within the County’s commercial and industrial zoning
districts. Fitness centers/gyms are classified as SIC-79 Amusement and Recreation Services operated
indoors. This use is permitted within the B-2 (General Business) and B-3 (Industrial Transition) Zoning
Districts and is not permitted in the M-1 Zoning District.
Mr. Cheran is requesting the Board of Zoning Appeals to affirm the decision of the Zoning Administrator
in the administration of the Frederick County Zoning Ordinance, Section 165-606.02 that SIC-79
Amusement and Recreation Services operated indoors is not a permitted use within the M-1 Zoning
District.
Mr. Cheran stated the Board will need to make a decision whether the indoor recreation is a permitted
use in the M-1 Zoning District; according to SIC 79 this is not a permitted use in the M-1 Zoning District.
Staff is looking for action to uphold the decision of the Zoning Administrator or to overturn the decision.
Mr. Carpenter asked Mr. Williams if he had anything to add to Mr. Cheran’s explanation.
Mr. Williams came forward and clarified that the Board needs to take action and he represents the
County of Frederick, not the BZA Board.
Mr. Scott clarified with Mr. Williams that the Board has 60 days to take action which means at the next
meeting in October a decision will need to be made. Mr. Scott stated, he doesn’t like taking action with
three members of the board absent.
Mr. Cline stated if we wait another 30 days what reassurance will we have next month that we will have
more board members present.
Mr. Cline asked the question, why was the business license which was issued to East Coast Hobbies not
looked into before being issued? Mr. Cheran responded that East Coast Hobbies was issued the
business license improperly by the Commissioner of the Revenue’s Office. In light of the error, the
County worked with East Coast Hobbies to allow this use to occur at this property. Once East Coast
Hobbies vacated the property, the use would no longer be permitted. The next tenant (FASST Training)
failed to apply for and secure approval of a business license. However, FASST Training did apply for a
business license after the property was cited for an illegal business. The business license was reviewed
by staff and denied for a fitness center at that location. The Winchester Soccer Academy is also illegally
using the property; they have a business license registered but not at the 291 Independence Drive
address.
Dorothy Vance came forward and pointed out that Mr. Loveless, Sr. paved the parking lot when East
Coast Hobbies were the tenants. Ms. Vance is requesting a Conditional Use Permit until August 2016.
Mr. Carpenter stated that a Conditional Use Permit is not something this Board can grant.
Mr. Rob Douglas of Winchester Soccer Academy came forward and requested to stay in the building
until August 2016; at the present time, Winchester Soccer Academy does not have any place to go.
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Frederick County Board of Zoning Appeals Page 1663
Mr. Scott asked, the County Attorney, Mr. Williams, if we overturn the decision what is the process and
time frame. Mr. Williams stated the Board of Supervisors would need to authorize the filing of an
appeal petition with the Circuit Court. Mr. Williams replied some cases move faster than others through
the court system but there is no definite timeframe.
Mr. Carpenter responded the last time the Board of Zoning Appeals overturned the decision of the
Zoning Administrator, the Board of Supervisors filed a petition with the Circuit Court and the timeframe
was only two weeks before a decision was made.
Mr. Carpenter asked Mr. Williams is there any alternatives to resolving this matter. Mr. Williams
responded that the County’s position on this is very clear. The position of the Board of Zoning Appeals
members is to review the decision of Zoning Administrator and if the ordinance is clear, there is no room
for interpretation of the ordinance. That is an established precedence in Virginia.
Mr. Shirley noted that this is a thriving business and he wishes there was another alternative to
resolving this matter. Mr. Shirley would like to give them another 30 days to see if they can find another
location but the Board understands clearly what decision they will need to make in 30 days.
Mr. Shirley made a motion to postpone action on Appeal Application #03-15 James W. Loveless, Jr., for
30 days in order for the tenants to relocate, and was seconded by Mr. Scott and the vote was
unanimous.
Mr. Scott made a motion and Mr. Shirley seconded the motion to adjourn meeting.
There being no further business the meeting adjourned at 4:00 p.m.
Respectfully submitted,
___________________________
Bruce Carpenter, Vice- Chairman
______________________
Pamala Deeter, Secretary
VARIANCE REQUEST #04-15
OF
WILLIAM G. MEIER, IV
VARIANCE APPLICATION #04-15
WILLIAM G. MEIER IV
Staff Report for the Board of Zoning Appeals
Prepared: September 28, 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:
October 20, 2015
Public Hearing; Action Pending
LOCATION: The property is located in the 1,000 block of Jordon Springs Road, on the south side
of the road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-288
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: R4 (Residential Planned) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 35 foot left side yard variance to a required
50 foot left side setback resulting in a 15 foot left side setback, and a 35 foot right side yard variance to
a required 50 foot right side setback resulting in a 15 foot right side setback.
Variance #04-15 – William G. Meier IV
Page 2
September 28, 2015
REASON FOR VARIANCE: The property is 0.7546 acres in size, and due to exceptional
narrowness of the parcel a structure cannot be built with the current RA (Rural Areas) Zoning
District setback requirements.
.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 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 Areas) 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 50 feet on the right side.
This property was created in 1966 and the adjoining properties were created prior to 1967. The
setbacks for these parcels were associated with the A-2 Zoning District setbacks as noted above. The
setbacks of adjoining properties are consistent with current A-2 setbacks, as the dwellings are
approximately 15 feet or less from the side property lines. The applicant is requesting a 35-foot
variance on the right side and the left side, from the required 50-foot side setback. This variance, if
granted, would result in a 15-foot right side and left side yard setback.
STAFF CONCLUSIONS FOR THE OCTOBER 20, 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.
Variance #04-15 – William G. Meier IV
Page 2
September 28, 2015
The applicant is seeking a 35 foot right side and left side yard variance to allow for construction of a
single-family dwelling with setbacks of 15 feet for the right and left sides due to exceptional
narrowness. Should this variance be granted, the building setbacks for this property would be
60 feet in the front, 50 feet in the rear, and 15 feet right and left side. These proposed setbacks
would be consistent with the character of the district, and meets the intent of The Code of Virginia
15.2309 (2) and the Code of Frederick County. This request from current setbacks of the RA (Rural
Areas) Zoning District may be justified.
976JORDANSPRINGS RD
995JORDANSPRINGS RD
1025JORDANSPRINGS RD
1013JORDANSPRINGS RD
1005JORDANSPRINGS RD
1034JORDANSPRINGS RD
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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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VAR # 04 - 15William G. Meier IVPIN:44 - A - 288Left and Right Side Variances
0 90 18045 Feet
VAR 04-15
VAR # 04 - 15William G. Meier IVPIN:44 - A - 288Left and Right Side Variances
44 A 288
976JORDANSPRINGS RD
995JORDANSPRINGS RD
1025JORDANSPRINGS RD
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VAR # 04 - 15William G. Meier IVPIN:44 - A - 288Left and Right Side Variances
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VAR # 04 - 15William G. Meier IVPIN:44 - A - 288Left and Right Side Variances
44 A 288
VARIANCE REQUEST #05-15
OF
ROBERT BYERS AND
LINDA BYERS
VARIANCE APPLICATION #05-15
ROBERT BYERS AND LINDA BYERS
Staff Report for the Board of Zoning Appeals
Prepared: September 28, 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:
October 20, 2015
Public Hearing; Action Pending
LOCATION: The property is located at 2159 Senseny Road.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65-A-25B
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RP (Residential Performance) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 37 foot right side yard variance to the
required 50 foot right side setback resulting in a 13 foot right side setback for an addition.
REASON FOR VARIANCE: The property is 1.5 acres in size and due to exceptional narrowness
of the parcel and an addition to the existing structure cannot be built with the current RA (Rural
Areas) Zoning District setback requirements.
Variance #05-15 – Robert & Linda Byers
Page 2
September 28, 2015
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 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 Areas) 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 50 feet on the right side.
This property is part of the Braithwaite Subdivision created in 1940. The setbacks for these parcels
were associated with the A-2 Zoning District setbacks as noted above. The dwelling was built in
1975. The setbacks of adjoining properties are consistent with current A-2 setbacks, as the dwellings
are approximately 15 feet or less from the side property lines. The applicant is requesting a 37-foot
variance on the right side, from the required 50-foot side setback. This variance, if granted, would
result in a 13-foot right side yard setback.
STAFF CONCLUSIONS FOR THE OCTOBER 20, 2015 MEETING: The Code of Virginia
15.2-2309 (2) and the Code of Frederick County 165-101.2, state 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.
The applicant is seeking a 37-foot right side yard variance. Should this variance be granted, the
building setbacks for this property would be 60 feet in the front, 50 feet in the rear and left side, and
13feet on the right side. The Board in consideration of this variance should take into account that this
applicant may have the ability to add a second story to this dwelling. This may be an option to
granting a variance for this addition.
ST657
2100SENSENY RD
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100PARKWOODCIR
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2044SENSENY RD
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2171SENSENY RD
105PARKWOODCIR
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2147SENSENY RD
109PARKWOODCIR
2135SENSENY RD
2105SENSENY RD
2123SENSENY RD
2097SENSENY RD
123PARKWOODCIR
111SESAR CT 109SESAR CT
107SESAR CT
115SESAR CT 113SESAR CT
119SESAR CT
117SESAR CT
112SESAR CT 106SESAR CT
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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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VAR # 05 - 15Robert and Linda ByersPIN:65 - A - 25BRight Side Variance
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VAR 05-15
VAR # 05 - 15Robert and Linda ByersPIN:65 - A - 25BRight Side Variance
65 A 25B
ST657
2100SENSENY RD
2119SENSENY RD
100PARKWOODCIR
101PARKWOODCIR
2044SENSENY RD
104PARKWOODCIR
2171SENSENY RD
105PARKWOODCIR
108PARKWOODCIR
2147SENSENY RD
109PARKWOODCIR
2135SENSENY RD
2105SENSENY RD
2123SENSENY RD
2097SENSENY RD
123PARKWOODCIR
111SESAR CT 109SESAR CT
107SESAR CT
115SESAR CT 113SESAR CT
119SESAR CT
117SESAR CT
112SESAR CT 106SESAR CT
121SESAR CT
114SESAR CT
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VAR # 05 - 15Robert and Linda ByersPIN:65 - A - 25BRight Side Variance
0 150 30075 Feet
VAR 05-15
VAR # 05 - 15Robert and Linda ByersPIN:65 - A - 25BRight Side Variance
65 A 25B
APPEAL APPLICATION #03 -15
OF
JAMES W. LOVELESS, JR.
APPEAL APPLICATION #03-15
JAMES W. LOVELESS, JR. APPLICANT
Staff Report for the Board of Zoning Appeals
Prepared: September 30, 2015
Staff Contact: Mark R. 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 MEETING
Reviewed Action
August 18, 2015 Public Hearing Held; Action Postponed 30 days
September 15, 2015 Public Meeting; Action Postponed 30 days
October 20, 2015 Public Meeting; Action Pending
APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
land uses permitted within the M-1 (Light Industrial) Zoning District.
Question for BZA: The question to the BZA is whether or not indoor recreation (SIC 79) is a
permitted use in the M1 Zoning District. The zoning ordinance lists the permitted uses, and SIC 79
is not included as permitted use.
LOCATION: The subject property is located at 291 Independence Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-11-16
PROPERTY ZONING & USE: Zoning: M-1 (Light Industrial)
Land Use: Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Light Industrial) Land Use: Warehouse/Office
East: M-1 (Light Industrial) Land Use: Warehouse
South: M-1 (Light Industrial) Land Use: Vacant
West: M-1 (Light Industrial) Land Use: Warehouse
Appeal Application #03-15 – James W. Loveless, Jr.
September 30, 2015
Page 2
STAFF COMMENTS:
The property located at 291 Independence Drive was cited for violation of the Frederick County
Zoning Ordinance Section 165-606.02, on June 8, 2015; for operation of the FASST fitness
center/gym within the M-1 (Light Industrial) Zoning District.
The County of Frederick uses the Standard Industrial Classification Code (SIC) to determine the
types of uses that are allowed within the County’s commercial and industrial zoning districts. Fitness
centers/gyms are classified as SIC-79 Amusement and Recreation Services operated indoors. This
use is only permitted within the B-2 (General Business) and B-3(Industrial Transition) Zoning
Districts. The SIC-79 classification use is not listed under the M-1 Zoning District and is therefore
not a permitted use in the M1 Zoning District. The Applicant contends that the use is permitted in the
M-1 Zoning District. For this use to be allowed in the M-1 Zoning District the use must be identified
under the list of permitted uses within the zoning district. Attached is Section 165-606.02 which
clearly lists the allowed M-1 uses. This property being used as a fitness center/gym is in violation of
the Frederick County Zoning Ordinance.
The question to the BZA is whether or not indoor recreation (SIC 79) is a permitted use in the M1
Zoning District. The zoning ordinance lists the permitted uses, and SIC 79 is not included and
therefore is not a permitted use.
STAFF CONCLUSIONS FOR THE AUGUST 18, 2015 MEETING: Staff is requesting to the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance, Section 165-606.02 that SIC-79 Amusement and Recreation
Services operated indoors is not a permitted use within the M-1 Zoning District.
STAFF CONCLUSION FOR THE SEPTEMBER 15, 2015 MEETING: On August 18, 2015,
the BZA tabled action for 30 days to allow staff to consult with the County Attorney, as to time
limitations for BZA action and the placement of conditions on the ultimate BZA action. The
Applicant during the public hearing stated that the County allowed the prior tenant at this location to
operate as a business known as East Coast Hobbies remote car track. This use was and is classified
as SIC-79 and is not allowed in the M-1 District. The tenant was improperly issued a business license
by the Commissioner of the Revenue Office without a securing zoning approval. Because of the
improper issue of the business license the County worked with East Coast Hobbies to allow this use
to occur at this property with the understanding that once East Coast Hobbies vacated the site, the
use would no longer be permitted on the property. The next tenant (FASST Training) failed to apply
for and secure approval of a business license. However, FASST Training did apply for a business
license after the property was cited for an illegal business. The business license was reviewed by
staff and denied for a fitness center/gym, as the use is not permitted within the M1 Zoning District.
Staff would note the Winchester Soccer Academy does not have a business license to operate from
this property, yet is currently a tenant.
Appeal Application #03-15 – James W. Loveless, Jr.
September 30, 2015
Page 3
The County Attorney advised that the BZA needed to take action within 60 days of the first hearing
date (August 18, 2015) and that it was inappropriate to place conditions on a BZA action. Therefore,
the BZA must take action no later than October 20, 2015, and the BZA’s action is to either affirm or
overrule the decision of the Zoning Administrator.
STAFF CONCLUSION FOR THE OCTOBER 20, 2015 MEETING: Staff gave an overview to
the Board of Zoning Appeals during the September 15, 2015 meeting. The County allowed the prior
tenants at this location to operate as a business know as East Coast Hobbies. This use was and is
classified as SIC-79 and is not allowed in the M-1 District. The tenant was improperly issued a
business license by the Commissioner of the Revenue Office without securing zoning approval. The
County worked with East Coast Hobbies to allow this use to occur at this property with the
understanding that once East Coast Hobbies vacated the site, the use would no longer be permitted
on the property. The next tenant (FASST Training) failed to apply for and secure approval of a
business license. However, FASST Training did apply for a business license after the property was
cited for an illegal business. The business license was reviewed by staff and denied for a fitness
center/gym, as the use is not permitted within the M1 Zoning District. Staff would note the
Winchester Soccer Academy does not have a business license to operate from this property.
Mr. Williams, the County Attorney, stated the County’s position on this is very clear. The Board of
Zoning Appeals is to review and uphold the decision of the Zoning Administrator and if the
ordinance is clear there is no room for interpretation of the ordinance. If the Board of Zoning
Appeals decides to overturn the decision of Zoning Administrator, than it would be advisable for the
Board of Supervisors to file a petition with the Circuit Court.
The Board Zoning Appeals voted to allow the FASST Training and Winchester Soccer Academy to
remain at this location for an additional 30 days. The Board hopes that within 30 days the two
tenants would be able to relocate to a new location with proper zoning. The Board of Zoning Appeal
and the Applicant are aware that a decision will be made at the next meeting of the Board of Zoning
Appeals.
The question to the BZA is whether or not indoor recreation (SIC 79) is a permitted use in the
M1 Zoning District. The zoning ordinance lists the permitted uses, and SIC 79 is not included
as a permitted use.
ST728
ST728
950AIRPORT RD
910AIRPORT RD
910AIRPORT RD
1039AIRPORT RD
141SECURITY DR
289INDEPENDENCE DR
285INDEPENDENCE DR
146SECURITY DR
220VICTORY RD
211VICTORY RD
120SECURITYDRIVE
382ARBOR CT
250INDEPENDENCE DR
326INDEPENDENCE DR 324INDEPENDENCE DR
322INDEPENDENCE DR
320INDEPENDENCE DR
212INDEPENDENCE DR
380ARBOR CT
332INDEPENDENCE DR
330INDEPENDENCE DR
280VICTORY RD
328INDEPENDENCE DR
140INDEPENDENCE DR
287VICTORY RD
296VICTORY RD
310VICTORY RD 320VICTORY RD
140INDEPENDENCE DR
338ARBOR CT 344VICTORY RD
287VICTORY RD
331VICTORY RD 368VICTORY RD
A
R
B
O
R
C
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AIRP
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INDEPENDE
N
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Applications
Parcels
Building Footprints
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)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 8, 2015Staff: mcheran
VICTO
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M
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L
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P
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AIR
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T
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INDEPEN
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MI
L
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P
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AIR
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0150
Appeal # 03 - 15James W. Loveless, Jr.PIN:64 - 11 - 16Appeal
0 330 660165 Feet
Appeal #03-15
Appeal # 03 - 15James W. Loveless, Jr.PIN:64 - 11 - 16Appeal
ST728
ST728
950AIRPORT RD
910AIRPORT RD
910AIRPORT RD
1039AIRPORT RD
141SECURITY DR
289INDEPENDENCE DR
285INDEPENDENCE DR
146SECURITY DR
220VICTORY RD
211VICTORY RD
120SECURITYDRIVE
382ARBOR CT
250INDEPENDENCE DR
326INDEPENDENCE DR 324INDEPENDENCE DR
322INDEPENDENCE DR
320INDEPENDENCE DR
212INDEPENDENCE DR
380ARBOR CT
332INDEPENDENCE DR
330INDEPENDENCE DR
280VICTORY RD
328INDEPENDENCE DR
140INDEPENDENCE DR
287VICTORY RD
296VICTORY RD
310VICTORY RD 320VICTORY RD
140INDEPENDENCE DR
338ARBOR CT 344VICTORY RD
287VICTORY RD
331VICTORY RD 368VICTORY RD
A
R
B
O
R
C
T
AIRP
O
R
T
R
D
SE
C
U
R
I
T
Y
D
R
INDEPENDE
N
C
E
D
R
V
I
C
T
O
R
Y
R
D
Applications
Parcels
Building Footprints
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 8, 2015Staff: mcheran
VICTO
R
Y
R
D
M
I
L
L
W
O
O
D
P
I
K
E
AIR
P
O
R
T
R
D
INDEPEN
D
E
N
C
E
D
R
MI
L
L
W
O
O
D
P
I
K
E
AIR
P
O
R
T
R
D
0150
Appeal # 03 - 15James W. Loveless, Jr.PIN:64 - 11 - 16Appeal
0 330 660165 Feet
Appeal #03-15
Appeal # 03 - 15James W. Loveless, Jr.PIN:64 - 11 - 16Appeal