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BZA 07-19-16 Meeting Minutes Frederick County Board of Zoning Appeals Page 1691 July 19, 2016 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 July 19, 2016. Present: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman, Gainesboro District; Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; John Cline, Stonewall District; and Ronald Madagan, Member at Large. Absent: Staff Present: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Shannon Conner, Administrative Assistant. 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. Chairman Lowman asked if there will be an August meeting. Mr. Cheran responded yes. The official cut-off date is Friday, July 22, 2016. On a motion made by Mr. Rinker and seconded by Mr. Scott, the minutes for the June 21, 2016, meeting minutes was approved. PUBLIC HEARING Mr. Cheran came forward and presented Variance Request #06-16 Dwight Shenk for a 20.2 foot left side yard variance to a required 50 foot left side yard setback resulting in a 29.8 foot left side yard setback. The property is in the Gainesboro District and is identified by Property Identification Number 31A-1-14. The location of the property is in the Lake Saint Clair Development Lot 14, and is zoned RA (Rural Areas). The adjoining properties are RA (Rural Areas) and the use is residential, lake, or open space. Mr. Cheran stated the reason for the variance is the extreme topography issue, as well as the lake with a 100 year flood boundary to the east and south. On the southern side of the house is the Frederick County Board of Zoning Appeals Page 1692 July 19, 2016 drainfield which prevents the construction of this addition within the current setback requirements for this district. Mr. Cheran directed the Board members to the screen showing an aerial map of the property. Mr. Cheran explained that zoning was adopted in 1967 and this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet from the front and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the A-2 zoning district to the current RA (Rural Areas) Zoning District. The Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for the property 60 feet to the front and 50 feet to the rear, and 50 feet to both sides. Mr. Cheran presented a map of the addition design. This design is to construct an 18’ x 60’ addition for a bedroom and bathroom. The Applicant is requesting a variance of 20.2 feet on the left side yard from the current 50 foot setback requirements in RA Zoning District. This property is not in the flood zone and has been removed from the flood zone by FEMA. If this variance is granted, it would result in a 29.8 foot left side yard variance. Mr. Cheran concluded by reading 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. Mr. Cheran explained that properties within this subdivision have been granted variance due to the lot size and inability to meet the RA setbacks of the County. Mr. Cheran stated he had a letter from the adjoining property owner and he was in favor of the variance. Board members had no questions for Mr. Cheran. Frederick County Board of Zoning Appeals Page 1693 July 19, 2016 Chairman Lowman asked Mr. Shenk or Mr. Oates to come forward to speak in favor of the variance. Mr. Oates of GreyWolfe came forward to represent the Applicant. Mr. Oates commented the house was less than 500 square feet. Mr. Shenk has recently obtained custody of a minor and more space is needed. The addition is not large, it is only 18 feet wide. The lot is less than an acre. The 50 foot setback in this subdivision makes it difficult for an addition. Vice-Chairman Carpenter asked the question is this the primary residence. Mr. Shenk replied yes it is. Chairman Lowman asks if anyone wanted to speak in favor or oppose this variance request to come forward. No one came forward. BOARD DISCUSSION Mr. Madagan looked at the property and this addition wouldn’t affect the adjoining property owners. In the distance, you could see just the corner of neighbor house. Mr. Scott also looked at the property and Mr. Scott agreed with Mr. Madagan. Vice-Chairman Carpenter inquired will this be a one story addition or two? Mr. Shenk stated this will be a two story addition. Vice-Chairman Carpenter made a motion to approve Variance Request #06-16 for Dwight Shenk as requested and was seconded by Mr. Scott and passed unanimously. PUBLIC HEARING Mr. Cheran came forward and presented Variance Request #07-16 Dwight Shenk for a 22.1 foot front yard variance to a required 60 foot front yard setback resulting in a 37.9 foot front yard setback. The property is in the Gainesboro District and is identified by Property Identification Number 31A-1-14. The location of the property is in the Lake Saint Clair Development Lot 14, and is zoned RA (Rural Areas). The adjoining properties are RA (Rural Areas) and the use is residential, lake, or open space. Mr. Cheran explained the Applicant is requesting a 22.1 front yard variance to a required 60 foot front setback resulting in a 37.9 foot front setback. This variance is for a 24’ x 24’ detached garage. The reason for the variance is the property has an extreme topography issue, as well as a lake with a 100 year flood boundary to the east and south. The detached garage is needed to relocate the parking area that the addition will replace. Mr. Cheran presented the design map. Frederick County Board of Zoning Appeals Page 1694 July 19, 2016 Mr. Cheran explained that zoning was adopted in 1967 and this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet from the front and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the A-2 zoning district to the current RA (Rural Areas) Zoning District. The Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for the property 60 feet to the front and 50 feet to the rear, and 50 feet to both sides. Mr. 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 setback to construct a 24’ x 24’ detached garage. This property is not located in a flood zone; the property has an elevation and removal from the flood zone by FEMA. This variance, if granted, would result in a 37.9 foot front yard variance. Mr. Cheran concluded by reading 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. The granting of this variance would violate the spirit in which the Ordinance as related to setbacks for accessory structures within the RA Zoning District. This variance is not for a single-family dwelling. Staff would recommend denial of this variance application to the RA setback requirements. Mr. Madagan presented a question to Mr. Cheran , did the right adjoining property owner contact you. Mr. Cheran replied no. Mr. Oates from GreyWolfe came forward to represent Mr. Shenk, the Applicant. Mr. Oates handed out photos of neighboring properties that have the structure close to the road. The garage is not out of character for the subdivision. Mr. Oates reminded the Board that the addition will take over the parking area, the lot is less than an acre and a stream goes through the middle of the lot. This proposed area is the last flat area for Mr. Shenk to build a garage because of the stream Frederick County Board of Zoning Appeals Page 1695 July 19, 2016 and topography. If not approved for garage, Mr. Shenk will still have to park his vehicle and his mowing equipment on this flat piece of land for storage. Chairman Lowman asks if anyone wanted to speak in favor or oppose this variance request to come forward. No one came forward. BOARD DISCUSSION Vice-Chairman Carpenter asked Mr. Cheran in regards to photo, are these structures legal? Mr. Cheran replied we will have to research this. Mr. Cline commented if I was a neighbor I would rather see a building with everything enclosed. Mr. Madagan agreed with Mr. Cline. Mr. Scott asked the question to Mr. Oates did you consider attaching the garage onto the addition. Mr. Oates replied the house is at an angle if attached we would be closer to the neighboring property line. Vice-Chairman Carpenter proposed a question, what if Mr. Shenk was to do additional grading beside the new addition would this work for the garage. The Board is aware that additional funds would occur for the grading if the structure was place beside the new addition. Mr. Oates replied there is a 35 foot drop and also the stream and the flood plain. The Board discussed design layout. Chairman Lowman inquired if the garage was built toward the flood plain what is the topography. Mr. Oates commented very soft ground. Vice-Chairman Carpenter made a motion for Variance Request #07-16 to be denied because it does not meet the requirements of hardship. No motion to second. Opened for discussion Mr. Shirley suggested that we continue this next month and the engineer and Applicant could look at the design again. Vice-Chairman Carpenter made a motion to continue Variance Request #07-16 until August 16, 2016 and was seconded by Mr. Scott. The motion was approved by majority vote. PUBLIC HEARING Mr. David Burke came forward to present Variance Request #08-16 for David and Katrina Dentel. The property is located at 102 Raven Road, Stephens City, Virginia in the Shawnee Magisterial District and the Property Identification Number is75E-3-2-68 and zoned RP (Residential Performance). The surrounding properties are residential. The Applicant is requesting a 15 foot rear yard variance to a required 25 foot rear yard setback Frederick County Board of Zoning Appeals Page 1696 July 19, 2016 resulting in a 10 foot rear yard setback. The reason for the request is an addition to the existing dwelling. This lot is 10,885 square feet with a single-family dwelling which was built in 1986. The plat that is recorded for the subdivision has a 35 foot front setback and no side or rear setbacks. The County amended its Ordinance in 1989 and changed the R-2 Zoning District to the current RP District. The Frederick County Ordinance allows for lots in the RP Zoning District to range in size from 3,000 square feet to 100,000 square feet Section 165-402.09C of the Frederick County Zoning Ordinance, requires setback of this housing type to be 35 feet front yard, 10 feet side yards and 25 feet rear yard. This property is a corner lot with two fronts along Raven Road and Nightingale Avenue. Section 165-201.02D states that a lot with more than one side abutting a street or road, front setback yards shall be provided wherever the lot abuts a street. 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. The Applicant is seeking a 15 foot rear yard variance. Should this variance be granted the building setbacks for this property would be 35 feet off of Raven Road, 35 feet off of Nightingale Avenue and 10 feet from both side and rear yard lines. Mr. Burke concluded by saying the Applicant does meet The Code of Virginia and the Code of Frederick County requirements. Staff does recommend approval of this variance. No questions for Staff. Chairman Lowman asked if anyone wanted to speak in favor to please come forward. Mr. Dentel, the Applicant, came forward and he is requesting an addition to accommodate parents. He would like to build on the Nightingale Avenue side but he is open to suggestions. He likes the neighborhood. Chairman Lowman asks if anyone wanted to speak in opposition of this application. Mr. David Rubbo of 113 Nightingale Avenue came forward. Mr. Rub bo concern is that the addition will be too close to his home. Mrs. Rubbo of 113 Nightingale Avenue came forward, again concern is to close to property line and this is a single family dwelling and the addition to be constructed would be close to her bedroom. Mrs. Katrina Dentel of 102 Raven Road came forward she just wanted say that we are open to suggestion and willing to work with the neighbors.