BZA 10-18-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
October 18, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of September 20, 2016
3) Election of Officer
PUBLIC HEARING
4) Variance Request #13-16 of Clear Brook Volunteer Fire & Rescue for a 79 foot rear
yard variance to a required 100 foot rear yard setback will result in a 21 foot rear yard. This
property is located at 1256 Brucetown Road, Clear Brook, Virginia and is identified with
Property Identification Number 33-A-149 in the Stonewall Magisterial District.
5) Variance Request #14-16 The Broadway Group, LLC, for a 24 foot front yard variance
to a required 50 foot front yard setback will result in a 26 front yard setback variance. The
property is located on Senseny Road and is vacant and is identified with Property
Identification Number 54-A-127C in the Redbud Magisterial District.
6) Variance Request #15-16 Traci E. Beatty, for a 46 foot left side yard variance to a
required 100 foot left side yard setback will result in a 54 foot left side yard setback and a
25 foot right side yard variance to a required 100 foot right side yard setback will result in
a 75 foot right side yard setback. This property is located at 1490 East Refuge Church
Road, Stephens City, Virginia and is identified with Property Identification Number 93-A-
62 in the Opequon Magisterial District.
Other
Adjourn
MINUTES FOR
THE
SEPTEMBER 20, 2016
BZA MEETING
DRAFT
Frederick County Board of Zoning Appeals
September 20, 2016 Page 1702
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 September 20, 2016.
Present: Eric Lowman, Chairman, Redbud District; Kevin Scott, Shawnee District; Dudley
Rinker, Back Creek; Reginald Shirley III, Opequon District; and Ronald Madagan, Member at
Large.
Absent: Bruce Carpenter, Vice-Chairman, Gainesboro District; and John Cline, Stonewall
District.
Staff
Present: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; 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.
Chairman Lowman asked if there will be an October meeting. Mr. Cheran responded yes. The
official cut-off date is September 23, 2016.
Chairman Lowman inquired about the new Board member. Mr. Cheran stated Mr. Shenk has
been appointed but not sure sworn in yet. The Vice Chairman election will be held at the
October meeting.
On a motion made by Mr. Scott and seconded by Mr. Rinker, the minutes for the August 16,
2016, meeting minutes were approved.
PUBLIC MEETING
Chairman Lowman stated Variance Request #11-16 of Braddock Hills, L.L.C., for a 28 foot left
side yard variance to a required 50 foot left side yard setback will result in a 22 foot left side yard
DRAFT
Frederick County Board of Zoning Appeals
September 20, 2016 Page 1703
setback and a 28 foot right side yard variance to a required 50 foot right side yard setback
resulting in a 22 foot right side yard setback. This property is located at the end of Woodridge
Lane (Route 747) on the right side of the cul-de-sac and is identified with Property Identification
Number 30A-2-25 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present a brief overview. Mr. Cheran presented maps of the
property, and stated this property is in the Gainesboro District and is identified with property
identification number 30A-2-25 and is zoned RA (Rural Areas). The land is vacant right now.
The adjoining properties are residential and to the west is a state road.
Mr. Cheran stated the Applicant is requesting a 28 foot left side yard variance to a required 50
foot left side yard setback resulting in a 22 foot left side yard setback and a 28 foot right side
yard variance to a required 50 foot right side yard setback resulting in a 22 foot right side yard
setback.
Mr. Cheran said the reason for the variance is that the property is narrow and has steep slopes
which create a lot that is unable to meet the current RA setback for a dwelling. This property
was created in 1971 and has no vested setback on the plat. The parcels within this subdivision are
between 1 and 2 acres in size.
Mr. Cheran commented that the County adopted zoning in 1967. The 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 fronts and 15 feet for the side yards.
The 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
setbacks 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 rear, and 50 feet to both sides.
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.
DRAFT
Frederick County Board of Zoning Appeals
September 20, 2016 Page 1704
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 noted that Variance Request #11-16 of Braddock Hill L.L.C. does meet the
requirements of the Code of Virginia and Frederick County due to the lot size and unable to meet
the RA setback of the Frederick County Zoning Ordinance.
Mr. Micahel Artz came forward representing the Applicant. Mr. Artz commented that Mr.
Cheran presented all the information clearly and he had nothing to add to the presentation. Mr.
Artz stated if there were any questions he would answer them.
Chairman Lowman states he sees a house location on the plat. Is the Applicant going to build or
is he marketing the lot.
Mr. Artz replied he is going to sell the lot.
Chairman Lowman expressed to Mr. Artz is the Applicant fine with the setback because once we
vote the Applicant cannot appear again to have the setback changed again.
Mr. Artz said the Applicant is aware of this. Mr. Artz commented that there is a certification on
the drainfield.
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. Rinker made motion to approve Variance Request #11-16 of Braddock Hill, L.L.C., and Mr.
Scott second the motion which was approved unanimously.
Mr. Scott made a motion to adjourn the meeting at 3:40 p.m., and Mr. Rinker seconded the
motion.
____________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
VARIANCE REQUEST #13-16
OF
CLEARBROOK VOLUNTEER
FIRE & RESCUE
VARIANCE APPLICATION #13-16
CLEAR BROOK VOLUNTEER FIRE & RESCUE
Staff Report for the Board of Zoning Appeals
Prepared: October 7, 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:
October 18, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 1256 Brucetown Road, Clear Brook, Virginia
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-149
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Firehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Light Industrial) Use: Warehouse
South: RA (Rural Areas) Use: County Park
East: RA (Rural Areas) Use: County Park
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 79 foot rear yard variance to a required
100 foot rear yard setback resulting in a 21foot rear yard setback.
REASON FOR VARIANCE: To build an addition to the existing firehouse.
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
Variance #13-16 – Clear Brook Volunteer Fire & Rescue
Page 2
October 7, 2016
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 fronts 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 setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this
property 60 feet to the front, 100 feet to the rear, and 50 feet on the right side and 100 feet on the left
side.
The Applicant is requesting a variance of 79 feet on rear yard from the current 100 foot setback side
requirement of the RA Zoning District, to construct a 60’x 60’ x 60’ addition to the existing
firehouse. This variance, if granted, would result in a 21 foot rear yard variance.
STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: 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.
This application is a variance to allow for addition to the existing firehouse. This variance meets the
requirements of the code of Fredrick County. This addition will not impact the general area of the
County and surrounding properties. The surrounding properties are non-conforming in nature.
33 A 149
508QUARRY LN
3418MARTINSBURGPIKE
1226BRUCETOWN RD
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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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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 9, 2016Staff: mcheran
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VAR # 13 - 16Clear Brook Volunteer Fire and RescuePIN:33 - A - 149Rear Variance
0 150 30075 Feet
VAR # 13 - 16Clear Brook VolunteerFire and RescuePIN:33 - A - 149Rear Variance
VAR #13-16
VARIANCE REQUEST #14-16
OF
THE BROADWAY GROUP, LLC
VARIANCE APPLICATION #14-16
THE BROADWAY GROUP, LLC
Staff Report for the Board of Zoning Appeals
Prepared: October 11, 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:
October 18, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Senseny Road (Route 657).
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54-A-127C
PROPERTY ZONING & USE: Zoned: B-1 (Neighborhood Business)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: B1 (Neighborhood Business) Use: Commercial
West: RP (Residential Performance) Use: Church
VARIANCE REQUESTED: The Applicant is requesting a 24 foot front yard variance to a required
50 foot front yard setback resulting in a 26 foot front yard setback.
REASON FOR VARIANCE: The future expansion of Senseny Road (Route 657) requires
additional Right-of-Way (R-O-W) to be dedicated along the frontage of this property.
STAFF COMMENTS: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan)
identifies Senseny Road (Route 657) as a future four (4) lane improved major collector highway. In
Variance #14-16 – The Broadway Group, LLC
Page 2
October 11, 2016
order to implement the goals of the Comp Plan, the Frederick County Zoning Ordinance (Ordinance)
requires any new development along roadways to dedicate additional R-O-W needed for future road
expansion.
The Ordinance requires a minimum setback requirement based on the classification of existing
roadways and future roadways. The Ordinance requires a 50 foot front yard setback for the
Applicant’s property. However, the necessary dedication for the future expansion of Senseny Road
(Route 657) is 25 foot. The Applicant cannot place the building out of the R-O-W without being
placed within a shared zoning district buffer. The Ordinance does not allow buildings to be placed
within buffers.
Therefore, the Applicant is requesting a 24 foot front yard variance to a required 50 foot front yard
setback resulting in a 26 foot front yard setback to develop the property for commercial use.
STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: 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 necessary right-of-way dedication for Senseny Road along the frontage of this property would
not allow this property to be developed as the owner desires. This request for a variance from
setbacks of the B1 (Neighborhood Business) Zoning District may be justified.
54 A127C
1532SENSENY RD
1518SENSENY RD
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1542SENSENY RD
1548SENSENY RD
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108UNDERWOOD LN 106UNDERWOOD LN
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1592SENSENY RD 1604SENSENY RD
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1597SENSENY RD
101WILLIAMSON PL
1527SENSENY RD
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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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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 26, 2016Staff: mcheran
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VAR # 14 - 16The Broadway GroupSummit Community BankPIN:54 - A - 127CFront Yard Variance
0 130 26065 Feet
VAR # 14 - 16The Broadway GroupSummit Community BankPIN:54 - A - 127CFront Yard Variance
VAR #14-16
VARIANCE REQUEST #15-16
OF
TRACI E. BEATTY
VARIANCE APPLICATION #15-16
TRACI E. BEATTY
Staff Report for the Board of Zoning Appeals
Prepared: October 11, 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:
October 18, 2016
Public Hearing; Action Pending
LOCATION: The property is located at 1490 E. Refuge Church Road, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 93-A-62
PROPERTY ZONING & USE: Zoned: Rural Areas (RA)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: N/A Use: Warren County
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 46 foot left side yard variance to a
required 100 foot left side yard setback resulting in a 54 foot left side yard setback, and a right side yard
variance of 25 foot to a required 100 foot right side yard setback resulting in a 75 foot right side yard
setback.
REASON FOR VARIANCE: The property is 3.7 acres in size, and due to exceptional narrowness
of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning District setback
requirements.
Variance #15-16 – Traci E. Beatty
Page 2
October 11, 2016
STAFF COMMENTS: 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 setbacks 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 rear, 50 feet on the left side, and 50 feet on the right side.
This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 46 foot variance on the left
side yard from the required 100 foot left side setback resulting in a 54 foot left side. The Applicant
is also requesting a 25 foot right side yard variance from the required 100 foot right side setback
resulting in a 75 foot right side setback. Should this variance be granted, the building setbacks for
this property would be 60 feet in the front, 100 feet in the rear, and 54 feet left and 75 right side.
STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: 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.
These proposed setbacks of 60 feet front, 54 foot left and 75 right side 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 current
setbacks of the RA (Rural Areas) Zoning District may be justified.
ST639
93 A 62
1510E REFUGECH RD
1450E REFUGECH RD
1421E REFUGECH RD
1411E REFUGECH RD
1295E REFUGECH RD
1241E REFUGECH RD
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Parcels
Sewer and Water Service Area
Building Footprints
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)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 26, 2016Staff: mcheran
WARREN COUNTY
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VAR # 15 - 16Traci BeattyPIN:93 - A - 62Left and Right Side Variance
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VAR # 15 - 16Traci BeattyPIN:93 - A - 62Left and Right Side Variance
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