BZA 12-20-16 Meeting MinutesMEETING 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 December 20, 2016.
Present: Eric Lowman, Chairman, Redbud District; Kevin Scott, Shawnee 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:
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 detennined 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 November 15,
2016, meeting was approved.
Chairman Lowman asked if there will be a January meeting. Mr. Cheran responded no
applications have been received and the cut-off date is December 22, 2016.
PUBLIC HEARING
Chairman Lowman stated 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
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1714
property is located at 1444 Hunting Ridge Road, Winchester, Virginia and is identified with
Property Identification Numbers 21-A-14 and 21-A-1.5 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present a brief overview, a location map, and a lot consolidation
plat. Mr. Cheran stated the property is zoned RA (Rural Areas) and the use is residential. Mr.
Cheran continued by saying the adjoining properties are RA and residential. Mr. Cheran
explained that GreyWolfe submitted a lot consolidation plat for the Applicant to combine two
lots and still cannot meet the setback requirements. The Applicant intends to demolish the
existing house and rebuild a new dwelling. This parcel was created in 1956.
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-1 (Agricultural
Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35
foot front and 15 foot sides and 50 feet in the rear. Frederick County amended its Code in 1989
to change the A-1 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, 100 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 74 foot left side yard variance and a 30 foot right side yard variance from the
current 100 foot setback side requirement. Mr. Cheran stated if approved the new house would
be back farther from the road and would be in conformance with the front setback.
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1715
Mr. Gary Oates of GreyWolfe came forward to speak on behalf of the Applicant. Mr. Oates
stated that his client did combine the lots and installed a new drainfield, and the Applicant still
can't meet the setback requirements. The Applicant intends to demolish the old house and
construct a new house which will meet the front setback requirement.
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. Shirley inquired if adjoining neighbors had called the office. Mr. Cheran expressed he had
no calls
Mr. Shenk made a motion to approve Variance Request #17-16 of James Myers and Faye Myers,
and Mr. Scott seconded the motion which was approved unanimously.
Mr. Scott made a motion to adjourn the meeting at 3:45 p.m., and Mr. Cline seconded the
motion.
Eric Lowman, Chairman
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Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1716