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BZA 08-16-16 Meeting MinutesFrederick County Board of Zoning Appeals August 16, 2016 Page 1698 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 August 16, 2016. Present: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman, Gainesboro District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; John Cline, Stonewall District; and Ronald Madagan, Member at Large. Absent: Reginald Shirley III, Opequon District Staff Present: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala Deeter, Secretary 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 asked if there will be a September meeting. Mr. Cheran responded no applications at this time. The official cut-off date is August 19, 2016. On a motion made by Mr. Rinker and seconded by Mr. Cline, the minutes for the July 19, 2016, meeting minutes was approved. Chairman Lowman stated we are going to change the agenda items, the public meeting will be first and the public hearing items will follow. A motion was made by Vice-Chairman Carpenter and seconded by Mr. Cline. PUBLIC MEETING Chairman Lowman stated Variance Request #07-16 of Dwight E. 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. This property is located in the Lake Saint Clair Development, Lot 14, and is identified with Property Identification Number 31A-1-14 in the Gainesboro Magisterial District. Mr. Cheran came forward to present a brief overview. There were two variances for this piece of property. The variances were for a single family dwelling addition and a detached garage. The Frederick County Board of Zoning Appeals August 16, 2016 Page 1699 Board approved the addition on July 19, 2016 and the detached garage was continued until this meeting. Mr. Cheran presented the maps of the property to the Board. Mr. Cheran stated the Applicant is still requesting a 22.1 foot front yard variance to a required 60 foot front yard setback resulting in a 37.9 foot front setback. This variance is for a 24’ x 24’ detached garage. Staff would recommend denial because the variance does not meeting the criteria of The Code of Virginia. Mr. Cheran stated the Applicant is here and being represented by Mr. Gary Oates of GreyWolfe. Chairman Lowman needed clarification on the setback when the lot was created. Mr. Cheran stated in 1967 the property was zoned A-2 and the front setback back was 35 feet. Since then the zoning has changed and the property is now zoned RA and today’s setback is 60 feet front yard. Mr. Oates came forward to represent Mr. Shenk. Mr. Oates handed out a drawing of the new proposed building site. Mr. Oates said we have moved the building back 35 foot from the front and the side setbacks are at 15 foot which is a less of an impact on the front setback. Mr. Shenk came forward and stated he believes the neighbors would like him to have the accessory building so he could store his equipment inside. Last month a neighbor spoke in favor and this month no one is here to oppose this variance. Discussion Vice-Chairman Carpenter wanted to thank the Applicant and the Engineer for working with th e Board in regards to the setback issues. Vice-Chairman Carpenter made a motion to approve Variance Request #07 -16 for Dwight Shenk with the amended front setback of 35 feet, and seconded by Mr. Scott and was approved unanimously. PUBLIC HEARING Chairman Lowman stated the next item is 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. Mr. Cheran came forward to present Variance Request #09-16 of J. H. Yost III and stated the Applicant is looking 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. Frederick County Board of Zoning Appeals August 16, 2016 Page 1700 The property is located on Rocky Ford Road, zoned RA and is identified by Property Identification Number 45-A-47 in the Stonewall Magisterial District. Mr. Cheran presented maps to the Board of the property. Mr. Cheran noted that Frederick County adopted zoning in 1967. The historical map shows this property as being zoned A-2 (Agricultural General). When the zoning ordinance was adopted, the setbacks were 35 feet for the fronts and 15 feet for the side yards. Since that time the County amended the ordinance in 1989 and changed zoning to RA (Rural Areas) Zoning District. In February 28, 2007, the Board of Supervisors amended RA setbacks. The current setbacks for this property are 60 feet to the front, 100 feet to the rear, 50 feet to the right side and 100 fee t left side. Mr. Cheran expressed the Applicant could provide a deed of record but the plat was not on record at the courthouse. Mr. Cheran noted that one side of the property is adjoining a larger parcel. Mr. Cheran concluded by saying this Applicant meets The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2 due to the small lot size and cannot meet the RA setbacks. Mr. Yost came forward and answered yes the lot has a drainfield. Mr. Yost said the older dwelling that was on the property didn’t have a drainfield. The drainfield is in the back of the property. Mr. Cline asked what your intentions with the property are. Mr. Yost replied a gentleman in the mobile home park wants to move his double wide home to this lot. Chairman Lowman asked if anyone wanted to speak in favor or opposition of this request. Board Discussion No Discussion Mr. Cline made a motion to approve Variance Request #09-16 of J. H. Yost III and seconded by Mr. Scott and was approved unanimously. PUBLIC HEARING Chairman Lowman stated the next item is Variance Request #10-16 for 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. Frederick County Board of Zoning Appeals August 16, 2016 Page 1701 Mr. Cheran came forward stating we reviewed this last month and the Applicant is trying to work with the neighbor to come up with a solution so that everyone is satisfied. The variance last month was to put the addition on the Nightingale side but that application was withdrawn. Mr. Cheran stated this property is at 102 Raven Road in Stephens City and zoned RP i n the Greenbriar Village. The dwelling was built in 1986 and the setbacks were 35 foot front setback and no side or rear setbacks. The County amended ordinance in 1989 and changed the R -2 Zoning District to the RP District. The lot sizes for the RP can range from 3,000 to 100,000 sq. ft. and the current setbacks today are 35 feet front yard, 10 feet side yards and 25 feet rear yard. Mr. Cheran presented the map showing this particular lot is a corner lot and the proposed addition. The property has two fronts along Raven Road and Nightingale Avenue. 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. Mr. Cheran concluded by saying this does meet the Code of Frederick County and The Code of Virginia. The Applicant is seeking a 15 foot front yard variance. The building setback for this property would be 35 feet off of Raven Road and 20 feet off of Nightingale Avene. and 10 feet from both side and rear yard lines. Chairman Lowman asked if anyone wanted to speak in favor or opposition of this request. Chairman Lowman commended the Applicant for working with the neighbors. Board Discussion No Discussion Mr. Scott made a motion to approve Variance Request #10-16 David and Katrina Dental, and seconded by and Mr. Carpenter and was approved unanimously. Other Mr. Cheran stated that The Code of Virginia changed the time limit from one year to two years on non-conforming use. This won’t go into effect until July. Chairman Lowman recognized Vice-Chairman Carpenter for his years of service. Mr. Madagan made a motion to adjourn the meeting at 4:00 p.m., Mr. Scott seconded the motion.