BZA 01-19-16 Meeting MinutesMEETING MINUTES
OF THE
FREDERICK CCUNTYI BOARD OF ZONING APPEALS
Held in the Board Rccm oftlhe Frederick CcuntyAdministratien 0uildirg, 107 N. HentlStreet,
Wircrester, Virginia, on January 19, 2016.
PRESENT: Bruce Carpertler, Vice -Chairman, GainEsbere District; John Cline, Stonewall District;
Reginald Shirley III, Opequon District; Wevin Scott, Shawnee District; Eno Ronald Madagan,
Member at Large.
ABSENT; Eric Newman, Chairman, Red Bud District
STAFF
PRESENT: Mark Cherar, Zoning Administrator; ano Pamala Deetler, BZA Secretary
CALL TO ORDER
The meeting was ca led to order by Vice -Chairman Carpenter atl3,3C p.m. and he detlermired
there is a quorum.
Vice-Chairmar Carpentier ied the Rledge of A iegiance.
Vice -Chairman Carpenter added if tlhere will be a February meeting, Mr. Cheran respondec
there no applications at this tlime. The official cut-off date is Friday, January 22, 2016,
On a motior made by Mr. Cline and seconded by Mr. Scott, the mirutes for the December 15,
2015 meetlirg were unanimously approved as presertled.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Vice -Chairman Carpertler opened the floor for nominations for Chairmar. Mr. Scott made a
motion to ruminate Mr. Lowman and Mr, Madigan seconded the motion. The floor was closed
for rcmiratlions. The votle was unanimous for Mr. Lowman as Chairman.
Vice-Chairmar Carpentler epered the floor for nominations for Vice -Chairman, Mr. Shirley
made a motion to nominate Mr. Carpenter and Mr. Scott) seconded the motion, The floor was
closed for nominations, The vote was unanimous for Mr, Carpenter as Vice -Chairman.
AreclErlCld County Board of Zoning AppEals Hage 1676
Vice-Clairmar Carpentier opened the floor for nominations for Secretary. Mr. Shirley made a
motlicr to nominate Mrs. Deeter and Mr. Scottl seconded the motion. The floor was closed for
nominations. The vote was unarimeus for Mrs. Dieeter as Secretary.
Mr, Cheran statlee that the Board of Zoning Appeals hast met at 3:30 p,m. on the third Tuesday
of the mcrth,
Mr. Scott made a moticr to keep the Board cf Zcning Appealsi meetling time at 3.30 p.m., on
the third Tuesday of the morth. Mr. Madigan seconded the motion and the vote was
unanimous.
Vice -Chairman Carpenter asked if anyone had questiors on the Adoption cf the Bylaws. Cr a
motion by Mr, Shirley and seconded by Mr. Madigan the Bylaws were approved as presented to
the Board and the vote was unanimous.
Vice -Chairman Carpenter read the appreciation of resolution for Mr. Jeremy D. McDonald and
will be delivered to Mrs. McDlorald by Mr. Madigan. On a rrctior made by Mr. Shirley and
sieconded by Mr. Scotlt reseluthe n was acceptled.
PUBLIC HEARING
Mr. Cheran came forward to present Variance Request #C8-15 of Casey Greathouse for a 93.0
feotl right side yard variance to a requiireo 2C0 foot side yard setback resulting in a 107 foot side
yard setbacW. This propertly, is located in the Babbs Creek Estates, Lot 1C, at the end of Cheran
Lane. The property isi identified with Property Identification Number 21-9-1-10 in the
Gainesboro Magisterial District).
Mr. Cheran stated the reasior for the variance is the lot has extreme topography, issues and
ponds and streamSi that) do rot leave a suitable house site.
Mr. Cherar noted this rural preservaticr siubdivisior was established in 2008, In 2008, the
setbacks for Lot 10 were 45 feet right side, 5C feet left side, and rear 40 feet per the
requiremertl cf the rural preservation subdivision. The Tract 2 was created in 2007 and was notl
part of the subdivisier This tract hast a recorded setback of 100 feet frort, sides and rear. In
2015, the previous owner consolidated Lot 10 and Tract 2 resulting in setback of front 45 feet,
rear and left) side of 40 feet and right side 2C0 feet).
April 27, 2011, the Frederick County Board of Supervisors amended the setlback for the Rural
Areas IRA] Zoring District), Properties adjoining an Agricultural and Forestial District) will have a
minimum setback of 20C feet, The Applicantl's right) side of property adjoirsi ar Agricultural and
Rerestal District), The Applicant's setbacks are row 45 feet front, 4C feet rear, 15 feet) left) side,
a nd 2C0 feet) right side,
Frederick County) Board cf Zoning Appeals Page 1677
In ccncILsic r, Mr, Cl-erar stated the Applicant has ccnsolidatied the property) butt was caught) in
between the Agricultural District setback and the topography issue and tlhis was not self-
inflictled Mr. Cheran recommended approval of this variance because the Applicant) has
applied for a variance and is coming to the County) before ccrstruction starts and the Bcard
should take into consideration the Agricultural District setback.
Mr. Oates of GreyWolfe was represertling the Applicant). Mr. Oates gave a background that the
Applicant's grandfather owned this property) many) years ago. Ther Mr. Hicks bought tlhe
property and turned the property into a subdivision, The Applicart is trying to buy back the
foreclosed property. The Applicant) has purchased two lots. One parcel has a pard, drainfield,
and road on it and this was going to be the building site. The Applicant went to apply for a loan
from the bark and the bank wanted the two lots ccnsolidatled into one. The Applicart
consolidated the lots for the loan. Next the Applicartl ordered his home and was getting ready
to build and found out the original plat) had a 100 foot setback a rd now has a 200 foot setback
because of the new regulation of the Agricu Iturel and florestal District setback.
Mr. Oates noted that he spoke with ad,oiring property owner Mr. DeHaven and where the
house will be located, is still over 100 feet) away from the adjoinirg property line. Mr. CleHaven
didn't have a problem witlh the Applicant's house being closer to his property line.
Mr. Oatles commentled that if the variance is rot approved, tlhe Applicant will need to come
before the Board again requesting a variance for the front setback.
Mr. Oates stated he would answer any questicrs the Board might) have.
Mr. Shirely asked has the construction of the house started? Mr. Oatles replied ro, til -e
Applicant has just ordertlhe dwelling. No work has Meer done on the site. Mr. Oatles has only
staked the propertly line for the Applicart.
Mr. Scott irquired tlo the size of the home. Mr. Oatles tlhinks it is approximately 1400 to 1600
square feet) in size.
Vice -Chairman Carperter roted that rc one came out to oppose or speak for the Applicant.
Publlic Hearirg Closed
No discussion
Mr. Scout made a rroticr to approve Variance Request #OS -19 for Casey Greathouse for a 93.0
foot right) side yard variance to a required 200 foot side yard setback resulting in a 107 foot sice
yard setback and Mr. Madagan secorded anc passec unanimously.
Frederick Countly Hoard of Zoning Appeals Hage 1678
Respectfully yours,
Bruce Carpenter
4)tdo
Pamala Deetler
Hrederick Country Board of Zoning Appeals Plage 1679