BZA 09-15-15 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEAUS
Held in the Board Roam of the Frederick County Administration Building, 107 N. Kent Street,
Winchester„ Virginia on September 15„ 2015.
PRESENT: Bruce Carperter, Vice Chairman Gainesboro District; Regiralc Shirley III, Cpequon District;
Kevin Scott, Shawree District; and John Cline, Storewall District.
ABESENT: Eric Lowmar, Chairman, Red Bud District; Jeremy McDoralc, Back Creek District; arc Ronald
Madagar, Member at Large.
ST1A F F
PRESENT: Mark Cheran Zonirg Administrator; David Burke, Zoning Irspector; Roderick Williams, County
Atlt'orrEy arc Ramala DEeter, BZA Secretary.
CALL TO 0 RIDER
The rrEetirg was called to order at 3:3C p.m. and was determined there was a quorum.
Mr. Carpenter led the Pledge Allegiance,
Mr. Carperter inquired if there are any applicaticrs pending fcr the month of Ocicber. Mr. Cherar
responded nc applications have been received at this time but the cut-off Cate is Friday, September 25,
2C15.
On a motion made by Mr. Scott arc secorced by Mr. Shirley the minutes for August 18, 2C15 were
unarimouslyapprovec as preserted.
PUBUIC MEETING
Mr. Cheran came forwarc and expressec this is a Rublic Meetirg. THE Public Hearing was Held cr
August 18, 2015. Mr. CHEran briefed the new BZA Board member about the appeal. Mr. Cheran stated
the Applicant is appealirg the decision of the Zcring Administrator as to land uses permitted withir the
M-1 (Light Industrial] Zcring District, The property is located at 291 Irdependerce Drive, in the
Shawree Magisterial District.
Winchester Soccer Academy and FASST Fitress are located at 291 IrdEpendence DrivE. Winchester
Soccer Academy has a business license but rot for that property address. The FASST Fitness was cited
for violation of the Frederick Ccurty Zoning Ordirance SEctior 165-60E.02, on June E, 201.5; fcr
operatior of the FASST Fitness certer/gym within it the M-1 (Light Ircustrial; Zcring District.
Frederick County Board of coning Appeals Plage 1661
Mr. Cheran stlatlec that the County of Frederick uses the Stlandarc Incusitlrial Classiificatlior Code (SIC) to
oetermire the Hypes of uses that are allowed wits it the Courty's commercial anc industrial goring
districts. Fitness centers/gyms are classified asi SIC -79 Amusiemert anc Recreation Services operatled
indoors. This use is permitted witlhir the B-2 (General Business) and B-3 (Industrial Trarsitlior) Zoning
Districts and is notl permitted it tlHe M-1 Zoning District.
Mr. CHerar is requesitlirg the Hoare of Zoring Appeals to affirm the decisior of the Zoning Administrator
in the admiristratllon of the Frecorick County Zoning Ordinance, Section 165-606.02 that SIC -7S
Amusemert and Recreation Services operatled indoors is rot a permitted use within the M-1 Zoning
District).
Mr. Cheran stated the Boarc will reed to make a eecision whetlhor the ircoor recreatlior is a permitltlec
use it the M-1 Zoning District; according to SIC 79 this is roti a permittee use in the M-1 Zoning District.
Staff is looking for action to uphold tlHe decision of the Zonirg Adminisitlratlor or tlo overturn tlhe decisior.
Mr. Ca rporter asked Mr. Williams if he Had anything to acd to Mr. Cheran's explaratior.
Mr. Williams came forwerc and clarified thatl the Boarc needs to take action and He represents the
County of Frederick, not the BZA Board.
Mr. Scout) clarified With Mr. Williams that the Board hasi 60 days i to Hake actior which meansi at the next
meeting in October a decision will need tc 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 caysi what reassurance will we Have rextl month that we will have
more board members presort.
Mr. Cline asiked the question, why was the business license which was issued to East l Coast Fobbies not
IOOkEc irtto before being isisued? Mr. Cheran resporded that Bast Coast Hobbies was issuec the
business license improperly by the Commisisiorer of the Reverue's Office. In light of the error, the
County worked with Bast Coast) Hobbies to allow this use to occur at tlhis propertly. Once Bast Coast)
Hobbies vacated the property, the use would no longer be permitted. The next tenant (FASSTTrairing)
failed to apply for arc secure approval of a business licerse. However, FASST Trairing did apply for a
business license after the property was citlec for an illegal business. The business license wase reviewec
by staff and der ied for a fitness center at that) iocztion. The Winchester Soccer Academy is also illegally
using the property; they have a business license registlered but rot at the 291 Irdepencerce Drive
address.
Dorothy Vance came forward and pointled out that Mr. Loveless, Sr. paved the parking lot when Bastl
Coasitl Hobbies were the tenarts. Ms. Mance is recuesitling a Conditional Use Permit) urtil August 2016.
Mr. Carperter stated that a Corditlioral Use Permit) is not siometlhirg this Board car grants.
Mr. Rob Douglas of Winchester Soccer Acacemy came forward and requested to stay in the building
until August 2016; atl the present) dime, Winchester Soccer Academy does not have any place to go.
Frederick County Board of Zoning Appealls Plage 1662
Mr. Scout) asked, the County Attorney, Mr Williams, if we overturn the decision what is the process arc
tlirre frame. Mr. Williams stated the Board of Supervisors would need tic authorize the filirg of an
appeal petition witch the Circuit) Ccurtl. Mr. Williams replied some cases move fastler tlhan othersthrough
the court) system but there is no defir ite timeframe.
Mr. Carpentier responded the last tlime the Board of Zonirg Appeals overtiurred the decision of the
Zoring Adrrinistratcr, the Board of Supervisors filed a petition with tihe Circuit Courts arc the timeframe
was only two weeks before a decision was made.
Mr. Carpentier asked Mr. Williams is there any alternatives to resolving this matter. Nr Williams
responded that the Ccurty's pcsitlior on this is very clear, The position of the Board of aonirg Appeals
members is do review the decisior of Zoring Administrator arc if the ordirance is clear, there is rc room
for intierpretation of the orcinarce, That is ar established precedence it Virginia.
Mr. Shirley noted that this is a thriving business and he wishes tlhere was another altierratlive to
resolving this matter. Mr. Shirley would like to give tlhem arotlHer 30 days tic see if they can fire another
location butt the Board urderstands clearly what decisior they will need tic make in 30 days.
Nr. Shirley made a motion to postpone actlior on Appeal Applicatiior #03-15.ames W Loveless, Jr., for
20 days in order for the tenarts to relocate, and was secondee by Mr. Scout and the vote was
uranimcus.
Mr. Scott) made a motion and Mr. Shirley seconded the motion tic ad,ourr meetirg.
There being no further business the meetiirg adjourned atI4:CC p,m.
Respectfully submitted,
11 <2
Bruce Carpenter, Vice:"Chairman
9
Pamala Oleetler, Secretary
Frederick Ccunty Board of Zloning Appeals Aage 1663