BZA 12-20-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 20, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of November 15, 2016
PUBLIC HEARING
3) Variance Request #17-16 of James Myers and Faye Myers, submitted by
GreyWolfe, Inc., for a 74 foot left side yard variance to a required 100 foot left side
yard setback will result in a 26 foot left side yard setback and a 30 foot right side yard
variance to a required 100 foot right side yard setback will result in a 70 foot right side
yard setback. This property is located at 1444 Hunting Ridge Road, Winchester,
Virginia and is identified with Property Identification Number 21-A-14 and 21-A-15 in
the Gainesboro Magisterial District.
Other
MINUTES FOR
THE
NOVEMBER 15, 2016
BZA MEETING
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Frederick County Board of Zoning Appeals
November 15, 2016 Page 1711
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 November 15, 2016.
Present: Eric Lowman, Chairman, Redbud District; Dudley Rinker, Back Creek District;
Reginald Shirley III, Opequon District; Dwight Shenk, Gainesboro District; John Cline,
Stonewall District and Ronald Madagan, Member at Large.
Absent: Kevin Scott, Shawnee District
Staff
Present: Mark Cheran, Zoning Administrator; 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 led the Pledge of Allegiance.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the October 18,
2016, meeting were approved.
Chairman Lowman asked if there will be a December meeting. Mr. Cheran responded yes one
application has been received and the cut-off date is November 18, 2016.
PUBLIC HEARING
Chairman Lowman stated, Variance Request #16-16 Charles E. Newton III and Carolyn G.
Newton, for a 17.5 foot left side yard variance to a required 50 foot left side yard setback will
result in a 32.5 foot left side yard setback and a 17.5 foot right side yard variance to a required 50
foot right side yard setback will result in a 32.5 foot right side yard setback. This property is
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Frederick County Board of Zoning Appeals
November 15, 2016 Page 1712
located at Virginia Drive, Lot 35, Block A, Stephens City, Virginia and is identified with
Property Identification Number 86B-4-A-35 in the Opequon Magisterial District.
Mr. Cheran came forward to present a brief overview and present the location map and footprint
of the dwelling. Mr. Cheran stated the property is zoned RA (Rural Areas) and is vacant. Mr.
Cheran continued by saying the adjoining properties are RA and either vacant or residential. Mr.
Cheran explained the reason for the variance is the lot is narrow and to install a septic system on
a parcel that is only 0.717 acre would not work. This parcel was created in 1962 and is part of the
Lone Oak Subdivision.
Mr. Cheran gave the history of the property by saying 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
foot front and 15 foot sides. Frederick County amended its Code in 1989 to change the rural
zoning districts 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 on the left and right side yard, and
100 feet to the rear.
Mr. Cheran stated the variance meets the intent of the Code of Virginia, Section 15.2-2309 (2)
and Code of Frederick 165-1001.2. Mr. Cheran stated that the Applicant met the five
requirements of the Code of Virigina.
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 concluded by saying the Applicant is seeking to construct a dwelling and requesting
a variance of a 17.5 foot left side yard variance and a 17.5 foot right side yard variance from the
current 50 foot setback side requirement. If granted, the building setbacks would be 60 foot
front, 32.5 foot left side yard and right side yard and 100 foot rear.
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November 15, 2016 Page 1713
Mrs. Carolyn Newton the Applicant came forward to speak for the variance. I am requesting a
variance because I intend to put a dwelling and septic system on the property but I cannot meet
the building restriction line because the property is narrow.
Chairman Lowman asked if anyone wanted to speak in favor or oppose this variance request to
come forward. No one came forward.
Public Hearing Closed
Board Discussion
Mr. Madigan expressed that by granting this variance it would fit in with the neighborhood. Mr.
Madigan also spoke to the neighbors and they were agreeable to the variance.
Mr. Shirley made a motion to approve Variance Request #16-16 of Charles E. Newton III and
Carolyn G. Newton, and Mr. Madagan seconded the motion which was approved unanimously.
Mr. Cheran gave a brief update on an Applicant that the Board of Zoning Appeals denied. Mr.
Cheran also asked if the Committee Members would read over the Bylaws to see if we
need to make any correction before the beginning of the year.
___________________
Eric Lowman, Chairman
___________________
Pamala Deeter, Secretary
VARIANCE REQUEST #17-16
OF
JAMES MYERS
AND
FAYE MYERS
VARIANCE APPLICATION #17-16
JAMES MYERS and FAYE MYERS
Staff Report for the Board of Zoning Appeals
Prepared: December 9, 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:
December 20, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 1444 Hunting Ridge Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 21-A-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: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 74 foot left side yard variance to a
required 100 foot left side yard setback resulting in a 26 foot left side yard setback, and a right side yard
variance of 30 foot to a required 100 foot right side yard setback resulting in a 70 foot right side yard
setback. The variance is requested to allow the construction of a new house to replace the existing
dwelling.
REASON FOR VARIANCE: The property cannot meet current setbacks do to size and acreage of
the adjoining properties.
Variance #17-16 – James Myers and Faye Myers
Page 2
December 9, 2016
STAFF COMMENTS: This property was created in 1956 as shown on the deed. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned
A-1 (Agricultural Limited) 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 and 50 feet rear. Frederick County
amended its Ordinance in 1989 to change the A-1 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, and 100 feet to both sides.
The Applicant is requesting a variance of 74 feet on the left side yard from the current 100 feet
resulting in a 26 foot setback. A 30 foot right side yard variance from the current 100 foot
requirement resulting in a 70 foot setback. This variance, if granted, would allow the construction of
a dwelling replacing the existing dwelling. It should be noted that the new house would be located
farther back from the road in conformance with the front setback.
STAFF CONCLUSIONS FOR THE DECEMBER 20, 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 due to the lot size and the inability to meet the RA setbacks of the
Frederick County Zoning Ordinance.
ST608
21 A 15
21 A 14
1425HUNTINGRIDGE RD
1388HUNTINGRIDGE RD
1474HUNTINGRIDGE RD
1506HUNTINGRIDGE RD
1485HUNTINGRIDGE RD
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General District)
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: October 28, 2016Staff: mcheran
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VAR # 17 - 16James Myers and Faye MyersPINs:21 - A - 14, 21 - A - 15Left and Right Side Variance
0 120 24060 Feet
VAR # 17 - 16James Myers andFaye MyersPINs:21 - A - 14, 21 - A - 15Left and Right Side Variance
VAR #17-16
VAR #17-16
ST608
21 A 15
21 A 14
1425HUNTINGRIDGE RD
1388HUNTINGRIDGE RD
1474HUNTINGRIDGE RD
1506HUNTINGRIDGE RD
1485HUNTINGRIDGE RD
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: October 28, 2016Staff: mcheran
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VAR # 17 - 16James Myers and Faye MyersPINs:21 - A - 14, 21 - A - 15Left and Right Side Variance
0 120 24060 Feet
VAR # 17 - 16James Myers andFaye MyersPINs:21 - A - 14, 21 - A - 15Left and Right Side Variance
VAR #17-16
VAR #17-16