BZA 10-18-16 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 October 18, 2016.
Present: Eric Lowman, Chairman, Redbud District; Kevin Scott, Shawnee 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:
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.
Chairman Lowman welcomed Mr. Shenk to the Board.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the September 20,
2016, meeting minutes were approved.
Chairman Lowman asked if there will be a November meeting. Mr. Cheran responded no
applications as of this date have been received, but the cut -off date is October 21, 2016.
Election of Vice - Chairman
Mr. Cheran opened the floor for nominations for Vice - Chairman. Mr. Rinker made a motion to
nominate Mr. Scott and Mr. Madagan seconded the motion. The floor was closed for
nominations. The vote was unanimous for Mr. Scott as Vice - Chairman for remainder of this
year.
Frederick County Board of Zoning Appeals Page 1705
October 18, 2016
PUBLIC HEARING
Chairman Lowman stated 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.
Mr. Cheran came forward to present a brief overview. Mr. Cheran presented maps of the
property, and stated this property is in the Stonewall District and is identified with Property
Identification Number 33 -A -149 and is zoned RA (Rural Areas) District and the present use is a
firehouse.
Mr. Cheran stated the reason for the variance is to build an addition 60' x 60' onto the existing
firehouse. The addition will be used for housing according to a sketch that was provided by the
Applicant. Mr. Cheran stated the Applicant is requesting a 79 foot rear yard variance to a
required 100 foot rear yard setback resulting in a 21 foot rear yard setback.
Mr. Cheran noted that zoning was adopted in 1967 and the historical map show 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 District to the current RA (Rural Areas)
District. The Board of Supervisors amended the setbacks for the RA 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.
Mr. Cheran concluded by saying the Applicant meets the Code of Virginia 15.2 -2309 (2) and
Code of Frederick 165- 1001.2 for a variance. The criteria are:
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.
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October 18, 2016
Mr. Cheran noted that the addition will not impact the general area of the County and
surrounding properties. The surrounding properties are non - conforming in nature.
Mr. Cline pointed out there was no fee paid for the variance. Mr. Cheran stated that is correct
the fees are waived for Fire & Rescue per the County Administrator and the Board of
Supervisors fee schedule.
Chairman Lowman needed clarification on the proposed sketch plan that was presented to
make sure that 21 feet is what the Applicant is requesting.
Mr. Will Webber representing the application came forward. He didn't have any comments to
add.
Chairman Lowman verified the proposed sketch plan with Mr. Webber to make sure the 21 feet
is what the request is for.
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. Madagan noted that Park & Recreation granted an easement for sewer and water line hook
up with the assumption that one day the Fire & Rescue would be doing an addition.
Park and Recreation has no problem with the addition.
Mr. Cline made a motion to approve Variance Request #13 -16 of Clear Brook Volunteer Fire &
Rescue, and Mr. Scott second the motion which was approved unanimously.
PUBLIC HEARING
Chairman Lowman stated Variance Request #14 -16 of The Broadway Group, LLC, for a 24
foot front yard variance to a required 50 foot front yard setback will result in a 26 foot 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.
Mr. Cheran came forward and noted the property is B1 (Neighborhood Business) District and
the land is currently vacant. The adjoining properties are Residential, Commercial and a
Church.
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October 18, 2016
Mr. Cheran stated 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. The reason for the variance is the
future expansion of Senseny Road (Route 657) requires additional Right -of -Way (R -O -W) to be
dedicated along the front of this property.
Staff noted that the 2030 Comprehensive Policy Plan of 'Frederick County (Comp Plan)
identified Senseny Road (Route 657) as a future four (4) lane improved major collector highway.
In order to implement the goal of the Comp. Plan, the Frederick County Zoning Ordinance
requires any new development along the roadways to dedicate additional R -O -W needed for
future road expansion.
Mr. Cheran confirmed 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 from 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.
Mr. Cheran concluded by saying, 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.
Mr. Cheran read the five criteria's for the Code of Virginia 15.2 -2309 (2) and Code of Frederick
County 165- 1001.2 stating that no variance shall be granted unless the application can meet the
requirements.
The necessary right -of -way dedication for Senseny Road along the frontage of this property
would not allow this property to be developed. This request for a variance from setbacks of the
B 1 (Neighborhood Business) District maybe justified.
Ms. Alisha Carter came forward representing The Broadway Group, LLC. We are asking for the
variance setback to be granted due to the R -O -W dedication. Ms. Carter stated that the structure
would have fit perfect on the property but we didn't realize about the R -O -W dedication for the
future expansion of Senseny Road until the predesign meeting with Frederick County. We are
asking the variance be granted because if we don't get the variance we cannot develop the site.
Mr. Madagan asked what is the building going to look like. Ms. Carter responded 9,100 square
foot metal building for retail with a 10 foot landscape buffer from the R -O -W.
Mr. Madagan suggested since your building will be close to other properties could we request a
brick front be put on the metal building like the one in Stephens City. Ms. Carter said she would
take the suggestion back to her co- workers.
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October 18, 2016
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 None
Mr. Shenk made motion to approve Variance Request #14 -16 of The Broadway Group, LLC,
and Mr. Rinker second the motion which was approved unanimously.
Public Hearing
Variance Request #15 -16 of Traci E. Beatty, for 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 25 foot
right side yard variance to a required 100 foot right side yard setback resulting 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.
Mr. Cheran came forward and presented the maps and stated the property is 3.7 acres in size and
in the RA (Rural Areas) Zoning District and the land is vacant. The lay out of the property is
long and narrow and with the current setback for the RA District a structure cannot be built on
the property. The adjoining properties are residential and on the South side is Warren County.
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.
The property was recorded at the Courthouse but 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 feet right side.
Mr. Cheran concluded by reading the five (5) criteria's for 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 requirements.
These proposed setbacks of 60 feet front 54 foot left and 75 foot right side would be consistent
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October 18, 2016
with the character of the District; and meet the intent of the two Codes.
Mr. Frank Ritter, contractor, came forward to speak. The property was purchased from Ms.
Beatty's brother and prior to that the property was subdivided.
Mr. Cline asked what size building is being constructed. Mr. Ritter stated 2,100 square foot
home.
Chairman Lowman asked if anyone wanted to speak in favor or oppose this variance request to
come forward. No one came forward.
Ms. Traci Beatty came forward to speak for the variance. She stated she is from the area and her
family lives there.
Public Hearing Closed
Board Discussion
Mr. Madagan made comment that he lives in the area and has had no complaints from neighbors
in regards to variance request. Mr. Madagan thinks the house would fit in with the
neighborhood.
Mr. Shirley made motion to approve Variance Request #15 -16 of Traci E. Beatty, and Mr. Scott
second the motion which was approved unanimously.
Mr. Scott made a motion to adjourn the meeting at 4:00 p.m., and Mr. Rinker seconded the
motion.
2-
Eric Lowman, Chairman
YeL -J, C-&
Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals Page 1710
October 18, 2016