BZA 11-15-16 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 November 15, 2016.
Present: Eric Lowman, Chairman, Redbud 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: Kevin Scott, Shawnee District
Staff
Present: Mark Cheran, Zoning Administrator; and Pamala Deeter, 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.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the October 18,
2016, meeting were approved.
Chairman Lowman asked if there will be a December meeting. Mr. Cheran responded yes one
application has been received and the cut -off date is November 18, 2016.
PUBLIC HEARING
Chairman Lowman stated, Variance Request #16 -16 Charles E. Newton III and Carolyn G.
Newton, for a 17.5 foot left side yard variance to a required 50 foot left side yard setback will
result in a 32.5 foot left side yard setback and a 17.5 foot right side yard variance to a required 50
foot right side yard setback will result in a 32.5 foot right side yard setback. This property is
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November 15, 2016 Page 1711
located at Virginia Drive, Lot 35, Block A, Stephens City, Virginia and is identified with
Property Identification Number 86B- 4 -A -35 in the Opequon Magisterial District.
Mr. Cheran came forward to present a brief overview and present the location map and footprint
of the dwelling. Mr. Cheran stated the property is zoned RA (Rural Areas) and is vacant. Mr.
Cheran continued by saying the adjoining properties are RA and either vacant or residential. Mr.
Cheran explained the reason for the variance is the lot is narrow and to install a septic system on
a parcel that is only 0.717 acre would not work. This parcel was created in 1962 and is part of the
Lone Oak Subdivision.
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 -2 (Agricultural
General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35
foot front and 15 foot sides. Frederick County amended its Code in 1989 to change the rural
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, 50 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 17.5 foot left side yard variance and a 17.5 foot right side yard variance from the
current 50 foot setback side requirement. If granted, the building setbacks would be 60 foot
front, 32.5 foot left side yard and right side yard and 100 foot rear.
Frederick County Board of Zoning Appeals
November 15, 2016 Page 1712
Mrs. Carolyn Newton the Applicant came forward to speak for the variance. I am requesting a
variance because I intend to put a dwelling and septic system on the property but I cannot meet
the building restriction line because the property is narrow.
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. Madigan expressed that by granting this variance it would fit in with the neighborhood. Mr.
Madigan also spoke to the neighbors and they were agreeable to the variance.
Mr. Shirley made a motion to approve Variance Request #16 -16 of Charles E. Newton III and
Carolyn G. Newton, and Mr. Madagan seconded the motion which was approved unanimously.
Mr. Cheran gave a brief update on an Applicant that the Board of Zoning Appeals denied. Mr.
Cheran also asked if the Committee Members would read over the Bylaws to see if we
need to make any correction before the beginning of the year.
I L
Eric Lowman, Chairman
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Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals
November 15, 2016 Page 1713