BZA 08-16-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
August 16, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of July 19, 2016
PUBLIC HEARING
3) Variance Request #09-16 of J.H. Yost III for a 15 foot left side yard variance to a
required 100 foot left side yard setback which will result in a 85 foot left side yard
setback and a 15 foot right side yard variance to a required 50 foot right side yard
setback which will result in a 35 foot right side yard setback. This property is located
on Martinsburg Pike (Route 11 North) turn right onto Brucetown Road (Route 667)
turn right onto Rocky Ford Road (Route 667) and is identified with Property
Identification Number 45-A-47 in the Stonewall Magisterial District.
4) Variance Request #10-16 of David and Katrina Dentel for a 15 foot front yard
variance to a required 35 foot front yard setback which will result in a 20 foot front
yard setback. This property is located at 102 Raven Road, Stephens City, Virginia and
is identified with Property Identification Number 75E-3-2-68 in the Shawnee
Magisterial District.
PUBLIC MEETING
5) Variance Request #07-16 of Dwight E. Shenk for a 22.1 foot front yard variance to a
required 60 foot front yard setback will result in a 37.9 foot front yard. This property
is located in Lake Saint Clair Development lot 14 is identified with Property
Identification Number 31A-1-14 in the Gainesboro Magisterial District.
Other
MINUTES FOR
THE
JULY 21, 2016
BZA MEETING
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Frederick County Board of Zoning Appeals Page 1691
July 19, 2016
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 July 19, 2016.
Present: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman,
Gainesboro District; Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District;
Dudley Rinker, Back Creek; John Cline, Stonewall District; and Ronald Madagan, Member at
Large.
Absent:
Staff
Present: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Shannon
Conner, Administrative Assistant.
CALL TO ORDER
The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there will be an August meeting. Mr. Cheran responded yes. The
official cut-off date is Friday, July 22, 2016.
On a motion made by Mr. Rinker and was seconded by Mr. Scott, the minutes for the June 21,
2016, meeting minutes was approved.
PUBLIC HEARING
Mr. Cheran came forward and presented Variance Request #06-16 Dwight Shenk for a 20.2 foot
left side yard variance to a required 50 foot left side yard setback resulting in a 29.8 foot left side
yard setback. The property is in the Gainesboro District and is identified by Property
Identification Number 31A-1-14. The location of the property is in the Lake Saint Clair
Development Lot 14, and is zoned RA (Rural Areas).
The adjoining properties are RA (Rural Areas) and the use is residential, lake, or open space.
Mr. Cheran stated the reason for the variance is the extreme topography issue, as well as the lake
with a 100 year flood boundary to the east and south. On the southern side of the house is the
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drainfield which prevents the construction of this addition within the current setback
requirements for this district.
Mr. Cheran directed the Board members to the screen showing an aerial map of the property.
Mr. Cheran explained that zoning was adopted in 1967 and this property was zoned A-2
(Agricultural General) in 1967. The property setback lines at the adoption of the zoning
ordinance were 35 feet from 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 Board of Supervisors amended the setback for the RA Zoning District on February
28, 2007, making the current setbacks for the property 60 feet to the front and 50 feet to the rear,
and 50 feet to both sides.
Mr. Cheran presented a map of the addition design. This design is to construct an 18’ x 60’
addition for a bedroom and bathroom. The Applicant is requesting a variance of 20.2 feet on the
left side yard from the current 50 foot setback requirements in RA Zoning District. This
property is not in the flood zone and has been removed from the flood zone by FEMA. If this
variance is granted, it would result in a 29.8 foot left side yard variance.
Mr. Cheran concluded by reading 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.
Mr. Cheran explained that properties within this subdivision have been granted variance due to
the lot size and inability to meet the RA setbacks of the County.
Mr. Cheran stated he had a letter from the adjoining property owner and he was in favor of the
variance.
Board members had no questions for Mr. Cheran.
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Chairman Lowman asked Mr. Shenk or Mr. Oates to come forward to speak in favor of the
variance.
Mr. Oates of GreyWolfe came forward to represent the Applicant. Mr. Oates commented the
house was less than 500 square feet. Mr. Shenk has recently obtained custody of a minor and
more space is needed. The addition is not large, it is only 18 feet wide. The lot is less than an
acre. The 50 foot setback in this subdivision makes it difficult for an addition.
Vice-Chairman Carpenter asked the question is this the primary residence. Mr. Shenk replied yes
it is.
Chairman Lowman asks if anyone wanted to speak in favor or oppose this variance request to
come forward. No one came forward.
BOARD DISCUSSION
Mr. Madagan looked at the property and this addition wouldn’t affect the adjoining property
owners. In the distance, you could see just the corner of neighbor house.
Mr. Scott also looked at the property and Mr. Scott agreed with Mr. Madagan.
Vice-Chairman Carpenter inquired will this be a one story addition or two? Mr. Shenk stated
this will be a two story addition.
Vice-Chairman Carpenter made a motion to approve Variance Request #06-16 for Dwight Shenk
as requested and was seconded by Mr. Scott and passed unanimously.
PUBLIC HEARING
Mr. Cheran came forward and presented Variance Request #07-16 Dwight Shenk for a 22.1 foot
front yard variance to a required 60 foot front yard setback resulting in a 37.9 foot front yard
setback. The property is in the Gainesboro District and is identified by Property Identification
Number 31A-1-14. The location of the property is in the Lake Saint Clair Development Lot 14,
and is zoned RA (Rural Areas).
The adjoining properties are RA (Rural Areas) and the use is residential, lake, or open space.
Mr. Cheran explained the Applicant is requesting a 22.1 front yard variance to a required 60 foot
front setback resulting in a 37.9 foot front setback. This variance is for a 24’ x 24’ detached
garage. The reason for the variance is the property has an extreme topography issue, as well as a
lake with a 100 year flood boundary to the east and south. The detached garage is needed to
relocate the parking area that the addition will replace.
Mr. Cheran presented the design map.
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Mr. Cheran explained that zoning was adopted in 1967 and this property was zoned A-2
(Agricultural General) in 1967. The property setback lines at the adoption of the zoning
ordinance were 35 feet from 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 Board of Supervisors amended the setback for the RA Zoning District on February
28, 2007, making the current setbacks for the property 60 feet to the front and 50 feet to the rear,
and 50 feet to both sides.
Mr. Shenk is requesting a 22.1 foot front yard variance to a required 60 foot front yard setback
resulting in a 37.9 foot front yard setback to construct a 24’ x 24’ detached garage. This property
is not located in a flood zone; the property has an elevation and removal from the flood zone by
FEMA. This variance, if granted, would result in a 37.9 foot front yard variance.
Mr. Cheran concluded by reading 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.
The granting of this variance would violate the spirit in which the Ordinance as related to
setbacks for accessory structures within the RA Zoning District. This variance is not for a
single-family dwelling. Staff would recommend denial of this variance application to the RA
setback requirements.
Mr. Madagan presented a question to Mr. Cheran , did the right adjoining property owner contact
you. Mr. Cheran replied no.
Mr. Oates from GreyWolfe came forward to represent Mr. Shenk, the Applicant. Mr. Oates
handed out photos of neighboring properties that have the structure close to the road. The garage
is not out of character for the subdivision. Mr. Oates reminded the Board that the addition will
take over the parking area, the lot is less than an acre and a stream goes through the middle of the
lot. This proposed area is the last flat area for Mr. Shenk to build a garage because of the stream
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and topography. If not approved for garage, Mr. Shenk will still have to park his vehicle and his
mowing equipment on this flat piece of land for storage.
Chairman Lowman asks if anyone wanted to speak in favor or oppose this variance request to
come forward. No one came forward.
BOARD DISCUSSION
Vice-Chairman Carpenter asked Mr. Cheran in regards to photo, are these structures legal? Mr.
Cheran replied we will have to research this.
Mr. Cline commented if I was a neighbor I would rather see a building with everything enclosed.
Mr. Madagan agreed with Mr. Cline.
Mr. Scott asked the question to Mr. Oates did you consider attaching the garage onto the
addition. Mr. Oates replied the house is at an angle if attached we would be closer to the
neighboring property line.
Vice-Chairman Carpenter proposed a question, what if Mr. Shenk was to do additional grading
beside the new addition would this work for the garage. The Board is aware that additional funds
would occur for the grading if the structure was place beside the new addition. Mr. Oates replied
there is a 35 foot drop and also the stream and the flood plain.
The Board discussed design layout. Chairman Lowman inquired if the garage was built toward
the flood plain what is the topography. Mr. Oates commented very soft ground.
Vice-Chairman Carpenter made a motion for Variance Request #07-16 to be denied because it
does not meet the requirements of hardship. No motion to second.
Opened for discussion
Mr. Shirley suggested that we continue this next month and the engineer and Applicant could
look at the design again.
Vice-Chairman Carpenter made a motion to continue Variance Request #07-16 until August 16,
2016 and was seconded by Mr. Scott. The motion was approved by majority vote.
PUBLIC HEARING
Mr. David Burke came forward to present Variance Request #08-16 for David and Katrina
Dentel. The property is located at 102 Raven Road, Stephens City, Virginia in the Shawnee
Magisterial District and the Property Identification Number is75E-3-2-68 and zoned RP
(Residential Performance). The surrounding properties are residential.
The Applicant is requesting a 15 foot rear yard variance to a required 25 foot rear yard setback
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resulting in a 10 foot rear yard setback. The reason for the request is an addition to the existing
dwelling.
This lot is 10,885 square feet with a single-family dwelling which was built in 1986. The plat
that is recorded for the subdivision has a 35 foot front setback and no side or rear setbacks. The
County amended its Ordinance in 1989 and changed the R-2 Zoning District to the current RP
District. The Frederick County Ordinance allows for lots in the RP Zoning District to range in
size from 3,000 square feet to 100,000 square feet Section 165-402.09C of the Frederick County
Zoning Ordinance, requires setback of this housing type to be 35 feet front yard, 10 feet side
yards and 25 feet rear yard.
This property is a corner lot with two fronts along Raven Road and Nightingale Avenue. Section
165-201.02D states that a lot with more than one side abutting a street or road, front setback
yards shall be provided wherever the lot abuts a street. To determine the location of side and
rear boundaries, the front shall be deemed to be the shortest side with the frontage on the street
or road. According to the recorded plat for this lot, Raven Road’s frontage is 69.70 feet and
Nightingale Avenue’s is 90.94 feet. Therefore, the yard setbacks for this property are 35 feet
from both Nightingale Avenue and Raven Road, 10 feet from lot 67 and 25 feet from lot 51.
The Applicant is seeking a 15 foot rear yard variance. Should this variance be granted the
building setbacks for this property would be 35 feet off of Raven Road, 35 feet off of
Nightingale Avenue and 10 feet from both side and rear yard lines.
Mr. Burke concluded by saying the Applicant does meet The Code of Virginia and the Code of
Frederick County requirements. Staff does recommend approval of this variance.
No questions for Staff.
Chairman Lowman asked if anyone wanted to speak in favor to please come forward.
Mr. Dentel, the Applicant, came forward and he is requesting an addition to accommodate
parents. He would like to build on the Nightingale Avenue side but he is open to suggestions.
He likes the neighborhood.
Chairman Lowman asks if anyone wanted to speak in opposition of this application.
Mr. David Rubbo of 113 Nightingale Avenue came forward. Mr. Rub bo concern is that the
addition will be too close to his home.
Mrs. Rubbo of 113 Nightingale Avenue came forward, again concern is to close to property line
and this is a single family dwelling and the addition to be constructed would be close to her
bedroom.
Mrs. Katrina Dentel of 102 Raven Road came forward she just wanted say that we are open to
suggestion and willing to work with the neighbors.
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Mr. David Richman the contractor for the Applicant came forward and he said you always want
to have good neighbors. Mr. Richman stated this is a reasonable variance request , the addition
looks nice, and barrier could be put up between the addition and the neighbors. A barrier could
be different things such as a fence or landscaping.
Mr. David Rubbo addressed his concerns about barriers put up between the houses. Mr. Rubbo
couldn’t maintain his mowing of the property line if shrubs were placed near property line. Mr.
Rubbo also had concerns with emergency issues if a barrier was put into place.
Chairman Lowman closed public hearing.
BOARD DISCUSSION
Mr. Scott commented on this condensed neighborhood. This neighborhood appears to have
houses onto top of each other.
Mr. Scott proposed a question why couldn’t the addition be put onto the Nightingale Avenue
side. Mr. Burke replied, that the Applicant and he looked at the neighborhood characters and
most of the dwellings are 35 foot off the road.
Vice-Chairman Carpenter inquired if they moved the addition to the Nightingale Avenue side
would that work for the neighbors. The Applicant and the neighbors agreed that would work.
Mr. Cheran explained for information to the Board members that if the Applicant wanted to build
a detached three bay garage on the property he could construct the building in the same location
as long as he meets the 5 foot off of property line and pulls a building permit.
Chairman Lowman stated to the Applicant the Board has two choices. One is to move forward
with this application to be approved or denied. If approved, then there is a possible issue with
neighbors. The second is to withdraw the application and reapply for a new variance with
moving the addition to the Nightingale Avenue side. If a new variance is sought, the Applicant
will pay another fee. The Board is asking the Applicant which direction he would like to do.
Mr. David Dentel came forward and stated he would like to withdraw the Variance Request.
Mr. Carpenter made a motion to adjourn the meeting at 4:10 and Mr. Scott seconded the motion.
Respectfully yours,
____________________
Eric Lowman, Chairman
__________________________________
Shannon Conner, Administrative Assistant
VARIANCE REQUEST #09-16
OF
J.H. YOST III
VARIANCE APPLICATION #09-16
J.H. Yost III
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2016
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:
August 16, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Rocky Ford Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 45-A-47
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: MH-1 (Mobile Home Community) Use: Mobile Home Park
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15 foot left side yard variance to a
required 100 foot left side yard setback resulting in an 85 foot left side yard setback, and a 15 foot right
side yard variance to a 50 foot right side yard setback resulting in a 35 foot right side yard setback.
REASON FOR VARIANCE: The property is 0.6403+/- acres in size,
Variance #09-16 – J. H. Yost III
Page 2
August 4, 2016
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 fronts 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, 100 feet to the rear, 50 feet to the right side, and 100 feet left side.
The Applicant is requesting a variance of 15 feet on the left side yard from the current 100 foot
setback resulting in an 85 foot left side yard setback, and a 15 foot right side yard variance from the
current 50 foot right side setback resulting in a 35 foot right side setback. This variance, if granted,
would result in an 85 foot left side yard variance, and 35 foot right side yard variance.
STAFF CONCLUSIONS FOR THE AUGUST 16, 2016 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 meet the requirements of the Code of Virginia and Frederick
County. The properties within this subdivision have been granted variances due to the lot size
and the inability to meet the RA setbacks of the Frederick County Zoning Ordinance.
45 A 47
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153ROCKYFORD 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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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 25, 2016Staff: mcheran
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VAR # 09 - 16J.H. Yost IIIBackwood PropertiesPIN:45 - A - 47Side Yard Variance
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VAR # 09 - 16J.H. Yost IIIBackwood PropertiesPIN:45 - A - 47Side Yard Variance
VAR #09-16
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 25, 2016Staff: mcheran
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VAR # 09 - 16J.H. Yost IIIBackwood PropertiesPIN:45 - A - 47Side Yard Variance
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VAR # 09 - 16J.H. Yost IIIBackwood PropertiesPIN:45 - A - 47Side Yard Variance
VAR #09-16
VARIANCE REQUEST #10-16
OF
DAVID AND KATRINA DENTEL
VARIANCE APPLICATION #10-16
DAVID AND KATRINA DENTEL
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2016
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 HEARING DATE:
August 16, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 102 Raven Road, Stephens City, Virginia
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75E-3-2-68
PROPERTY ZONING & USE: Zoned: RP
Land Use: Residential
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 15 foot front yard variance to a required
35 foot front yard setback resulting in a 20 foot front yard setback.
REASON FOR VARIANCE: To accommodate an addition to an existing dwelling.
STAFF COMMENTS:
This property is zoned RP (Residential Performance) and has a lot size of 10,885 square feet, with a
single-family dwelling which was built in 1986. The recorded plat for the Greenbriar Village
Subdivision Section II has a 35 foot front setback and no side or rear setbacks. Frederick County
amended its Ordinance in 1989 and changed the R-2 Zoning District to the current RP (Residential
Variance #10-16 – David and Katrina Dentel
Page 2
August 4, 2016
Performance) Zoning District. Frederick County Zoning Ordinance allows for lots in the RP Zoning
District to range in size from 3,000 sq. ft. to 100,000 sq. ft. Section 165-402.09C of the Frederick
County Zoning Ordinance, requires setbacks of this housing type to be: 35 feet front yard, 10 feet
side yards and 25 feet rear yard.
This property is a corner lot with two fronts along Raven Road and Nightingale Avenue. Section
165-201.02D states that a lot with more than one side abutting a street or road, front setback yards
shall be provided wherever the lot abuts a street. To determine the location of side and rear
boundaries, the front shall be deemed to be the shortest side with the frontage on the street or road.
According to the recorded plat for this lot, Raven Road’s frontage is 69.70 feet and Nightingale
Avenue’s is 90.94 feet. Therefore, the yard setbacks for this property are 35 feet from both
Nightingale Avenue and Raven Road, 10 feet from lot 67 and 25 feet from lot 51.
STAFF CONCLUSIONS FOR THE AUGUST 19, 2016 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.
The Applicant is seeking a 15 foot front yard variance. Should this variance be granted the building
setbacks for this property would be 35 feet off of Raven Road, 20 feet off of Nightingale Avenue
and 10 feet from both side and rear yard lines. The proposed variance does meet the requirements of
the Code of Virginia and Fredrick County.
75E 3 2 68
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111NIGHTINGALEAVE113NIGHTINGALEAVE
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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: July 25, 2016Staff: mcheran
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VAR # 10 - 16David and Katrina DentelPIN:75E - 3 - 2 - 6815' Front Yard Variance
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VAR # 10 - 16David and Katrina DentelPIN:75E - 3 - 2 - 6815' Front Yard Variance
VAR #10-16
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: July 25, 2016Staff: mcheran
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VAR # 10 - 16David and Katrina DentelPIN:75E - 3 - 2 - 6815' Front Yard Variance
0 60 12030 Feet
VAR # 10 - 16David and Katrina DentelPIN:75E - 3 - 2 - 6815' Front Yard Variance
VAR #10-16
VARIANCE REQUEST #07-16
OF
DWIGHT E. SHENK
VARIANCE APPLICATION #07-16
DWIGHT E. SHENK (Garage)
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2016
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:
August 16, 2016
Public Hearing; (Continued)
Public Meeting
LOCATION: The property is located in Lake Saint Clair Development Lot 14.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31A-1-14
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Lake
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Open
VARIANCE REQUESTED: The Applicant is requesting a 22.1 foot front yard variance to a required
60 foot front setback resulting in a 37.9 foot front setback. This variance is for a 24’x 24’ detached
garage.
REASON FOR VARIANCE: The property has an extreme topography issue, as well as a lake
with a 100 year flood boundary to the east and south. The detached garage is needed to relocate the
parking area that the addition will replace.
Variance #07-16 – Dwight E. Shenk
Page 2
August 4, 2016
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 fronts 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, and 50 feet to both sides.
The Applicant is requesting a variance of 22.1 foot front yard setback from the current 60 foot
setback front yard requirement of the RA Zoning District, to construct a 24’x 24’ detached garage.
This property is not located in a flood zone; the property has an elevation and removal from the flood
zone by FEMA. This variance, if granted, would result in a 37.9 foot front yard variance.
STAFF CONCLUSIONS FOR THE JULY 19, 2016 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.
The granting of this variance would violate the spirit in which the Ordinance as related to setbacks
for accessory structures within RA Zoning District. Furthermore, this variance is not for a single-
family dwelling. Therefore, Staff would recommend denial of this variance application to the RA
setback requirements. The issuing of this variance would de facto changing the Frederick County
Zoning Ordinance, which outside the purview of this body.
BOARD OF ZONING APPEALS SUMMARY AND ACTION OF THE 07/19/16 MEETING:
A motion was made to continue Variance Request #07-16 to the August 16, 2016 meeting.
31A 1 14
847LAKE SAINTCLAIR
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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: June 22, 2016Staff: mcheran
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SAINT CLAIR RD
VAR # 06 - 16 and # 07 - 16Dwight E. ShenkPIN:31A - 1 - 14
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VAR # 06 - 16 and # 07 - 16Dwight E. ShenkPIN:31A - 1 - 14
VAR #06-16
VAR #07-16
31A 1 14
847LAKE SAINTCLAIR
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: June 22, 2016Staff: mcheran
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VAR # 06 - 16 and # 07 - 16Dwight E. ShenkPIN:31A - 1 - 14
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VAR # 06 - 16 and # 07 - 16Dwight E. ShenkPIN:31A - 1 - 14
VAR #06-16
VAR #07-16