BZA 01-19-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
January 19, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of December 15, 2015
3) Election of Officers, Meeting Schedule, & Adoption of Bylaws
PUBLIC HEARING
4) Variance Request #08-15 of Casey Greathouse for a 93.0 foot right side yard variance to
a required 200 foot side yard setback will result in a 107 foot side ya rd setback. This
property is located in Babbs Creek Estates Lot 10 at the end of Cheran Lane. The property
is identified with Property Identification Number 21-9-1-10 in the Gainesboro Magisterial
District.
5) Other
MINUTES FOR
THE
DECEMBER 15, 2015
BZA MEETING
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Frederick County Board of Zoning Appeals Page 1672
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 December 15, 2015.
PRESENT: Eric Lowman, Chairman, Red Bud District; Bruce Carpenter, Vice-Chairman,
Gainesboro District; John Cline, Stonewall District; Reginald Shirley III, Opequon District; and
Ronald Madagan, Member at Large.
ABSENT: Kevin Scott, Shawnee District
STAFF
PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala
Deeter, BZA Secretary.
CALL TO ORDER
The meeting was called to order at 3:30 p.m. and was determined there was a quorum.
Chairman Lowman read the obituary for the BZA member, Mr. Jeremy McDonld, and
proceeded with a moment of silence.
Chairman Lowman inquired if there are any applications pending for the month of January. Mr.
Cheran responded yes. The cut-off date is December 18, 2015.
On a motion made by Vice-Chairman Carpenter and seconded by Mr. Madagan the minutes for
the November 17, 2015 were unanimously approved as presented.
PUBLIC HEARING
Mr. Cheran came forward and presented the variance request #07-15 of Oakcrest Builders for a
10 foot front yard variance to a required 20 foot front setback which will result in a 10 foot
front setback. The Property Identification Number is 63-9-4-67 in the Gainesboro Magisterial
District and is located at the northeastern corner of Harvest Ridge Drive and Mikey Court.
The property is located in the subdivision of Harvest Ridge which was designed for 55 years of
age or older and the property is zoned RP (Residential Performance). The lot is vacant and the
properties surrounding this lot are zoned RP (Residential Performance).
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Frederick County Board of Zoning Appeals Page 1673
The Applicant is requesting a 10 foot front yard variance to the required 20 foot front yard
setback resulting in a 10 foot front yard setback for a dwelling. The reason for the variance
request is the narrowness of the lot to allow for a single-family dwelling to meet the front
setback requirements.
Mr. Cheran noted this application is based on the narrowness of the platted lot. The lots within
this subdivision are single-family small lots. This lot type has a minimum lot size of 3,750
square feet. The setback requirements for this lot size are: front 25 foot, sides 5 foot, and rear
15 foot. This is a corner lot of 8,069 square feet and has the following setbacks: front 20 foot,
sides 5 foot, and rear 15 foot. The Applicant is requesting the variance based on an earlier plat
that shows a 100 foot setback along Harvest Drive.
Mr. Cheran stated that no variance shall be granted unless the application can meet the
requirements of The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2. This
proposed variance does not meet The Code of Virginia requirements, as the platted lot meets
and exceeds the square foot requirement of the single -family small lots. The Applicant knew
the limits of the lot and should work within those li mitations so this variance should not be
granted.
Vice-Chairman Carpenter wanted clarification since this is a corner lot and has two fronts how is
this determined. Mr. Cheran replied the short distance is the front.
Mr. Artz of Pennoni represented Oakcrest Builders. Mr. Artz gave some background
information on the property. In 2003, this property was rezoned from RA (Rural Areas) District
to RP (Residential Performance) District. This subdivision was designed under a n older zoning
ordinance. The subdivision was to be a 55 or older subdivision and would have private roads.
In 2004, the Master Development Plan was approved for single-family small lot with an average
size of lot of 8,000 square feet.
The 2004 zoning ordinance states the front setback is measured from the edge of the road in a
private road situation. In the Harvest Ridge subdivision, the setbacks are measured from the
curb. Some of the other home setbacks were measured from the property line and not to the
edge of the road. The exception to this is the corner lot and lot 67 is a corner lot.
In 2004 the plans were approved and construction started. Lots 6 and 3 are calling for a side
setback of 10 foot. Lots 6 and 3 are similar to lot 67. Lots 6 and 3 setbacks of 10 foot are
measured from the base of the curb of the private road. That is how this section was designed
and built in 2004 and 2005. That road in that section is a little narrow er than other section.
Later on, a redesign was created for the subdivision and the roads are a little wider.
The front setback changed prior to 2013. The front setback was 20 feet to a private road and
the change now is 20 feet to the property line. The plat that is recorded at the Clerk’s Office
has a 20 foot setback on along the roads. The lot now is to narrow to build a house that will
stay in the same design with the other housing types. The Frederick County Zoning Ordinance
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Frederick County Board of Zoning Appeals Page 1674
has changed again. The front setback now is a 25 foot setback from the property line. Mr. Artz
believes this is an undue hardship because the housing type s that are in this subdivision won’t
work on this lot without granting a variance. The proposed house for this lot is 2,100 square
feet and one story. A two story home is not in the character of this subdivision.
Mr. Shirley confirmed with Mr. Artz that they are no other lots in this subdivision that would
have to come to the Board for a variance. Mr. Artz’s replied no, there is only about six lots left
and the subdivision is built out.
Mr. Cline confirmed with Mr. Artz that you can’t build a house there. Mr. Artz’s said no we can
build a house there but it would be smaller and the character would be different than the
neighboring properties.
Mr. John Barker from Oakcrest came forward. Mr. Barker confirmed a long narrow house
would get you more square footage but that is not the model home design that we have built.
We have 82 lots in the subdivision and four model home types. We would like the property to
have the same characters as the other home in the subdivision. When the economy tanked
Oakcrest still managed to upgraded exteriors of dwellings and other amenities .
Mr. Templeton came forward to speak. The Harvest Ridge HOA has a certain type of home to
be built in this subdivision and a long narrow one is not a housing type. My only objection is
that if the variance is not granted and a long narrow home is built that will put the new dwelling
closer to his property line.
Several other neighbors came forward to speak for the variance. The main reason they didn’t
object to the variance is they want to keep the same uniform design as the model homes. If a
two story or a long narrow one was put on that lot it would be out of character for the
subdivision.
No one came forward to oppose the variance.
DISCUSSION
Mr. Shirley was inclined to support the variance because this property affects the other
property owners.
Mr. Madagan was in favor of the variance.
Chairman Lowman said changing the housing type would affect the neighbors.
Vice-Chairman Carpenter made a motion to approve Variance Request #07-15 of Oakcrest
Builders and it was seconded by Mr. Shirley and unanimously approved.
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Frederick County Board of Zoning Appeals Page 1675
Mr. Cheran noted that at the next meeting we would be looking at the By-Laws and Election of
Officers.
Mr. Shirley made a motion to present a resolution to the family of the late Mr. Jeremy
McDonald at the next meeting. Mr. Madagan seconded the motion and unanimously
approved.
Vice-Chairman Carpenter made a motion and Mr. Madagan seconded the motion to adjourn
the meeting.
There being no further business, the meeting adjourned at 4:10 p.m.
Respectfully submitted,
_______________________
Eric F. Lowman, Chairman
______________________
Pamala Deeter, Secretary
ELECTION OF OFFICERS
MEETING SCHEDULE
ADOPTION OF BY-LAWS
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: January 5, 2016
________________________________________________________________________
ELECTION OF OFFICERS FOR 2016
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately, and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will: open the nominations; accept
nominations; close nominations; and, vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2016
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals has held meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederick
County Administration Building.
BOARD OF ZONING APPEALS BY-LAWS FOR 2016
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed for adoption January 19, 2016 )
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
BZA Bylaws
Proposed for adoption on 01-19-16
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4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
BZA Bylaws
Proposed for adoption on 01-19-16
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4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
BZA Bylaws
Proposed for adoption on 01-19-16
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7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
all minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
BZA Bylaws
Proposed for adoption on 01-19-16
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7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
BZA Bylaws
Proposed for adoption on 01-19-16
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F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
VARIANCE REQUEST #08-15
OF
CASEY GREATHOUSE
VARIANCE APPLICATION #08-15
CASEY GREATHOUSE
Staff Report for the Board of Zoning Appeals
Prepared: January 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:
January 19, 2016
Public Hearing; Action Pending
LOCATION: The property is located in the Babbs Creek Estates Subdivision.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 21-9-1-10
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 93.0 foot right side yard variance to a
required 200 foot right side setback resulting in a 107foot right side setback.
REASON FOR VARIANCE: The lot has extreme topography issues and ponds and streams that
do not leave a suitable house location site.
STAFF COMMENTS: Frederick County approved the subdivision known as Babbs Creek Estates
Rural Preservation Subdivision in 2008. The property setbacks for Lot 10 were: front 45 feet, right
side 50 feet, left side and rear 40 feet per the requirements of a rural preservation subdivision. The
rear setbacks of adjoining properties in this subdivision are 100 feet consistent with RA (Rural
Areas) District setbacks, in place at that time. The lot known as Tract 2 was created in 2007 and was
not part of the Babbs Creek Estates Subdivision. This lot had recorded setbacks at 100 feet front,
sides, and rear. The previous owner consolidated Lot 10 with Tract 2 in 2015, resulting in the setback
of: front 45 feet, rear and left side 40 feet, and right side 200 feet.
The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on
April 27, 2011, requiring properties adjoining an Agricultural and Forestal District a setback
minimum of 200 feet. Therefore, the setbacks for this property are: 45 feet front, 40 feet rear, 15 feet
left side, and 200 feet right side. The right side of this lot adjoins an Agricultural and Forestal
District.
STAFF CONCLUSIONS FOR THE JANUARY 19, 2016 MEETING: The Applicant is
requesting a 93 foot variance on the right side, from the required 200 foot setback, resulting in a
100 foot right side yard setback. The Board in consideration of this variance should take into
account that this request for relief from the setback requirements maybe be self-inflicted. The strict
application of the Frederick County Zoning Ordinance did not produce an unreasonable restriction on
the property as required by the Code of Virginia 15.2-2309 (2). The previous owner consolidated the
two (2) lots and the Applicant was under no obligation to purchase the property.
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.
819GLAIZEORCHARD RD
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VAR # 08 - 15Casey GreathousePIN:21 - 9 - 1 - 1093.0' Side Yard Variance
0 240 480120 Feet
VAR 08-15
VAR # 08 - 15Casey GreathousePIN:21 - 9 - 1 - 1093.0' Side Yard Variance
21 9 1 10
819GLAIZEORCHARD 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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VAR # 08 - 15Casey GreathousePIN:21 - 9 - 1 - 1093.0' Side Yard Variance
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VAR 08-15
VAR # 08 - 15Casey GreathousePIN:21 - 9 - 1 - 1093.0' Side Yard Variance
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