BZA 09-20-16 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
September 20, 2016
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of August 16, 2016
PUBLIC HEARING
3) 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 setback and a 28 foot right side yard variance to a required 50 foot right side yard
setback will result in a 22 foot right side yard setback. This property is located at the
end of Woodridge Lane (Route 747) right side of the cul-de-sac and is identified with
Property Identification Number 30A-2-25 in the Gainesboro Magisterial District.
Other
MINUTES FOR
THE
AUGUST 16, 2016
BZA MEETING
Frederick County Board of Zoning Appeals
August 16, 2016 Page 1698
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 August 16, 2016.
Present: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman, Gainesboro
District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; John Cline, Stonewall District; and
Ronald Madagan, Member at Large.
Absent: Reginald Shirley III, Opequon 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 asked if there will be a September meeting. Mr. Cheran responded no applications at
this time. The official cut-off date is August 19, 2016.
On a motion made by Mr. Rinker and seconded by Mr. Cline, the minutes for the July 19, 2016, meeting
minutes was approved.
Chairman Lowman stated we are going to change the agenda items, the public meeting will be first and
the public hearing items will follow. A motion was made by Vice-Chairman Carpenter and seconded by
Mr. Cline.
PUBLIC MEETING
Chairman Lowman stated Variance Request #07-16 of Dwight E. 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. This property is
located in the Lake Saint Clair Development, Lot 14, and is identified with Property Identification
Number 31A-1-14 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present a brief overview. There were two variances for this piece of
property. The variances were for a single family dwelling addition and a detached garage. The Board
approved the addition on July 19, 2016 and the detached garage was continued until this meeting.
Frederick County Board of Zoning Appeals
August 16, 2016 Page 1699
Mr. Cheran presented the maps of the property to the Board. Mr. Cheran stated the Applicant is still
requesting a 22.1 foot front yard variance to a required 60 foot front yard setback resulting in a 37.9 foot
front setback. This variance is for a 24’ x 24’ detached garage.
Staff would recommend denial because the variance does not meeting the criteria of The Code of
Virginia.
Mr. Cheran stated the Applicant is here and being represented by Mr. Gary Oates of GreyWolfe.
Chairman Lowman needed clarification on the setback when the lot was created. Mr. Cheran stated in
1967 the property was zoned A-2 and the front setback back was 35 feet. Since then the zoning has
changed and the property is now zoned RA and today’s setback is 60 feet front yard.
Mr. Oates came forward to represent Mr. Shenk. Mr. Oates handed out a drawing of the new proposed
building site. Mr. Oates said we have moved the building back 35 foot from the front and the side
setbacks are at 15 foot which is a less of an impact on the front setback.
Mr. Shenk came forward and stated he believes the neighbors would like him to have the accessory
building so he could store his equipment inside. Last month a neighbor spoke in favor and this month no
one is here to oppose this variance.
Discussion
Vice-Chairman Carpenter wanted to thank the Applicant and the Engineer for working with t he Board in
regards to the setback issues.
Vice-Chairman Carpenter made a motion to approve Variance Request #07-16 for Dwight Shenk with the
amended front setback of 35 feet, and seconded by Mr. Scott and was approved unanimously.
PUBLIC HEARING
Chairman Lowman stated the next item is Variance Request #09-16 of J. H. Yost III for a 15 foot left side
yard variance to a required 100 foot left side yard setback which will result in a 85 foot left side yard
setback and a 15 foot right side yard variance to a required 50 foot right side yard setback which will
result in a 35 foot right side yard setback.
Mr. Cheran came forward to present Variance Request #09-16 of J. H. Yost III and stated the Applicant is
looking for a 15 foot left side yard variance to a required 100 foot left side yard setback which will result
in a 85 foot left side yard setback and a 15 foot right side yard variance to a required 50 foot right side
yard setback which will result in a 35 foot right side yard setback. The property is located on Rocky Ford
Road, zoned RA and is identified by Property Identification Number 45-A-47 in the Stonewall
Magisterial District.
Mr. Cheran presented maps to the Board of the property.
Mr. Cheran noted that Frederick County adopted zoning in 1967. The historical map shows this property
as being zoned A-2 (Agricultural General). When the zoning ordinance was adopted, the setbacks were
35 feet for the fronts and 15 feet for the side yards. Since that time the County amended the ordinance in
1989 and changed zoning to RA (Rural Areas) Zoning District. In February 28, 2007, the Board of
Frederick County Board of Zoning Appeals
August 16, 2016 Page 1700
Supervisors amended RA setbacks. The current setbacks for this property are 60 feet to the front, 100 feet
to the rear, 50 feet to the right side and 100 feet left side.
Mr. Cheran expressed the Applicant could provide a deed of record but the plat was not on record at the
courthouse. Mr. Cheran noted that one side of the property is adjoining a larger parcel.
Mr. Cheran concluded by saying this Applicant meets The Code of Virginia 15.2-2309 (2) and Code of
Frederick County 165-1001.2 due to the small lot size and cannot meet the RA setbacks.
Mr. Yost came forward and answered yes the lot has a drainfield. Mr. Yost said the older dwelling that
was on the property didn’t have a drainfield. The drainfield is in the back of the property.
Mr. Cline asked what your intentions with the property are. Mr. Yost replied a gentleman in the mobile
home park wants to move his double wide home to this lot.
Chairman Lowman asked if anyone wanted to speak in favor or opposition of this request.
Board Discussion
No Discussion
Mr. Cline made a motion to approve Variance Request #09-16 of J. H. Yost III and seconded by Mr. Scott
and was approved unanimously.
PUBLIC HEARING
Chairman Lowman stated the next item is Variance Request #10-16 for David and Katrina Dentel for a 15
foot front yard variance to a required 35 foot front yard setback which will result in a 20 foot front yard
setback. This property is located at 102 Raven Road, Stephens City, Virginia and is identified with
Property Identification Number 75E-3-2-68 in the Shawnee Magisterial District.
Mr. Cheran came forward stating we reviewed this last month and the Applicant is trying to work with the
neighbor to come up with a solution so that everyone is satisfied. The variance last month was to put the
addition on the Nightingale side but that application was withdrawn.
Mr. Cheran stated this property is at 102 Raven Road in Stephens City and zoned RP in the Greenbriar
Village. The dwelling was built in 1986 and the setbacks were 35 foot front setback and no side or rear
setbacks. The County amended ordinance in 1989 and changed the R-2 Zoning District to the RP
District. The lot sizes for the RP can range from 3,000 to 100,000 sq. ft. and the current setbacks today
are 35 feet front yard, 10 feet side yards and 25 feet rear yard.
Mr. Cheran presented the map showing this particular lot is a corner lot and the proposed addition. The
property has two fronts along Raven Road and Nightingale Avenue. 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 Ave ne. and
Raven Road, 10 feet from lot 67 and 25 feet from lot 51.
Mr. Cheran concluded by saying this does meet the Code of Frederick County and The Code of Virginia.
The Applicant is seeking a 15 foot front yard variance. The building setback for this property would be
Frederick County Board of Zoning Appeals
August 16, 2016 Page 1701
35 feet off of Raven Road and 20 feet off of Nightingale Ave ne. and 10 feet from both side and rear yard
lines.
Chairman Lowman asked if anyone wanted to speak in favor or opposition of this request.
Chairman Lowman commended the Applicant for working with the neighbors.
Board Discussion
No Discussion
Mr. Scott made a motion to approve Variance Request #10-16 David and Katrina, and seconded by and
Mr. Carpenter and was approved unanimously.
Other
Mr. Cheran stated that The Code of Virginia changed the time limit from one year to two years on non -
conforming use. This won’t go into effect until July.
Chairman Lowman recognized Vice-Chairman Carpenter for his years of service.
Mr. Madagan made a motion to adjourn the meeting at 4:00 p.m., Mr. Scott seconded the motion.
___________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
VARIANCE REQUEST #11-16
OF
BRADDOCK HILLS, LLC
VARIANCE APPLICATION #11-16
BRADDOCK HILLS, LLC
Staff Report for the Board of Zoning Appeals
Prepared: September 6, 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:
September 20, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Woodridge Lane (Route 747) at the end of cul-de-sac on
the right side.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30A-2-25
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: Route 522 Use: State Road
VARIANCE REQUESTED: The Applicant is requesting a 28 foot left side yard variance to a
required 50 foot left side setback resulting in a 22 foot left side setback, and a 28 foot right side yard
variance to a required 50 foot right side setback resulting in a 22 foot right side setback.
REASON FOR VARIANCE: The property was created in 1971 and is narrow with steep slopes
that will not allow for a building area within the current RA setbacks.
Variance #11-16 – Braddock Hill L.L.C.
Page 2
September 6, 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 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, 50 feet to the rear, and 50 feet to both sides. This property was created
in 1971 and is part of the Braddock Estates subdivision. The parcels within this subdivision are
between 1 and 2 acres in size.
The Applicant is requesting a variance of 28 feet on the left and right side yard from the current 50
foot setback side requirement of the RA Zoning District. This variance, if granted, would result in a
22 foot left and right side yard variance, to construct a dwelling. This property is narrow and
located within a subdivision that has like properties with reduced setbacks.
STAFF CONCLUSIONS FOR THE SEPTEMBER 20, 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 proposed variance does meet the requirements of the Code of Virginia and Frederick County
due to the lot size and the inability to meet the RA setbacks of the Frederick County Zoning
Ordinance. Furthermore, the properties within this subdivision have been built on with less setbacks.
30A 2 25
3467N FREDERICKPIKE
207WOODRIDGE LN
3364N FREDERICKPIKE
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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)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 25, 2016Staff: mcheran
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VAR # 11 - 16Braddock HillsPIN:30A - 2 - 25Left and Right Side Variance
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VAR # 11 - 16Braddock HillsPIN:30A - 2 - 25Left and Right Side Variance
VAR #11-16
01522
30A 2 25
3467N FREDERICKPIKE
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3364N FREDERICKPIKE
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: August 25, 2016Staff: mcheran
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VAR # 11 - 16Braddock HillsPIN:30A - 2 - 25Left and Right Side Variance
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VAR # 11 - 16Braddock HillsPIN:30A - 2 - 25Left and Right Side Variance
VAR #11-16
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