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BZA 09-20-16 Meeting MinutesFrederick 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 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 Frederick County Board of Zoning Appeals September 20, 2016 Page 1703 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. 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. 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.