Loading...
BZA 05-17-16 Meeting MinutesFrederick County Board of Zoning Appeals Page 1680 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 May 17, 2016. PRESENT: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman, Gainesboro District; John Cline, Stonewall District; Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; and Ronald Madagan, Member at Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala Deeter, BZA 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. Chairman Lowman asked if there will be a June meeting. Mr. Cheran responded there is one application at this time. The official cut-off date is Friday, May 20, 2016. On a motion made by Mr. Shirley and seconded by Mr. Scott, the minutes for the January 19, 2016, meeting was unanimously approved as presented. PUBLIC HEARING Chairman Lowman stated we have three variance requests #01-16, #02-16, and #03-16 for one property owner, Mr. George M. Murphy. Mr. Cheran came forward and directed the Board to the map showing the three properties. The properties are all located on Bufflick Road right beside each other. Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas), the adjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback and a 25 foot rear yard variance to a required 50 foot rear yard setback resulting in a 25 foot rear yard setback. Frederick County Board of Zoning Appeals Page 1681 Mr. Cheran stated the property 64B-A-54A is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 feet for 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 Frederick County Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran replied this property does not have building restriction lines assigned to it, so it would need to meet the current RA setbacks for a dwelling. This property also has a wet weather stream located in the rear of the property. Mr. Cheran concluded by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 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 Applicant does meet The Code of Virginia 15.2309 (2) requirement and the variance may be justified. Chairman Lowman asked if there are any questions for Mr. Cheran. Mr. Rinker asked is there water and sewer access. Mr. Cheran replied yes. Mr. Artz came forward representing Mr. George Murphy. These particular lots are in a subdivision that was created back in 1937. Mr. Murphy purchased the lots with the intent one day to build a dwelling on the individual building lots. The parcels are 75 feet wide and 300 feet deep. The front setback can be meet on all three parcels and the rear setback and side setbacks on parcel 64-A-54A we cannot be met because of the pond on the neighboring property that flows to Frederick County Board of Zoning Appeals Page 1682 this parcel and also topography issues. Mr. Artz’s explained he is trying to move the dwelling back away from the pond. The left and right side setbacks are overlapping the side yard so there is no building area and we cannot meet the current side yard setbacks. Mr. Artz’s explained, that parcels 64B-A-54B and 64B-A-55 front and rear setbacks are not a problem but the left and right side yard cannot meet the current setback requirements. Mr. Artz’s concluded by saying he would answer any questions the Board might have. Vice- Chairman Carpenter asked when did Mr. Murphy purchase the lots. Mr. Artz replied 1 lot purchased in 2007 and the other two lots in 2006. Chairman Lowman asked is there anyone who wishes to speak in favor of or opposition for the variance request to come forward. Mr. George Murphy came forward and he asked the Board to grant the three variances because of the setback. The first variance #01-16 has rear setback issues and the other two lots cannot meet the left and right side setbacks. Ms. Janet Gibson is a neighbor across the road and inquired as to what his plans are for the property. Ms. Gibson needed clarification as to what would be built. Ms. Gibson was in agreement with his plan. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #01-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. PUBLIC HEARING Mr. Cheran came forward again and presented Variance Request #02-16 for George M. Murphy and directed the Board to the map showing the property again. The property is located on Bufflick Road. Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas) theadjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback. Mr. Cheran stated the property 64B-A-54B is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 Frederick County Board of Zoning Appeals Page 1683 zoning ordinance were 35 feet for 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 Frederick County Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 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 proposed setback of 60 feet front, 10 feet left and right side and 50 feet rear would be consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from the current setback of the RA Zoning District may be justified. Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to come forward. Mr. Artz’s came forward, in favor of the Variance Request #02-16. Mr. Artz gave his presentation for all three variances at the first item of business. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #02-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. PUBLIC HEARING Mr. Cheran presented Variance Request #03-16 for George M. Murphy directed the Board to the map showing the property again. The property is located on Bufflick Road. Frederick County Board of Zoning Appeals Page 1684 Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas) adjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback. Mr. Cheran stated the property 64B-A-55 is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 feet for 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 Frederick County Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 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 Applicant meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from the current setback of the RA Zoning District may be justified. Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to come forward. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #03-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. Mr. Rinker made a motion to adjourn the meeting at 3:55 p.m. and Mr. Carpenter seconded the motion.