BZA 08-15-17 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
August 15, 2017
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of December 20, 2016
3) Election of Officers and Adoption of Bylaws
PUBLIC HEARING
4) Variance Request #01-17 of Susan L. French for a 17 foot front yard variance to a
required 60 foot front yard setback which will result in a 43 foot front yard setback. This
property is located at 361 Quiet Meadow Lane, Winchester, Virginia and is identified with
Property Identification Number 30-A-122C in the Gainesboro Magisterial District.
5) Other
Adjourn
MINUTES FOR
THE
DECEMBER 20, 2016
BZA MEETING
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1714
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 December 20, 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; 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.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the November 15,
2016, meeting was approved.
Chairman Lowman asked if there will be a January meeting. Mr. Cheran responded no
applications have been received and the cut-off date is December 22, 2016.
PUBLIC HEARING
Chairman Lowman stated Variance Request #17-16 of James Myers and Faye Myers,
submitted by GreyWolfe, Inc., for a 74 foot left side yard variance to a required 100 foot left side
yard setback will result in a 26 foot left side yard setback and a 30 foot right side yard variance
to a required 100 foot right side yard setback will result in a 70 foot right side yard setback. This
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1715
property is located at 1444 Hunting Ridge Road, Winchester, Virginia and is identified with
Property Identification Numbers 21-A-14 and 21-A-15 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present a brief overview, a location map, and a lot consolidation
plat. Mr. Cheran stated the property is zoned RA (Rural Areas) and the use is residential. Mr.
Cheran continued by saying the adjoining properties are RA and residential. Mr. Cheran
explained that GreyWolfe submitted a lot consolidation plat for the Applicant to combine two
lots and still cannot meet the setback requirements. The Applicant intends to demolish the
existing house and rebuild a new dwelling. This parcel was created in 1956.
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-1 (Agricultural
Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35
foot front and 15 foot sides and 50 feet in the rear. Frederick County amended its Code in 1989
to change the A-1 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, 100 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 74 foot left side yard variance and a 30 foot right side yard variance from the
current 100 foot setback side requirement. Mr. Cheran stated if approved the new house would
be back farther from the road and would be in conformance with the front setback.
Frederick County Board of Zoning Appeals
December 20, 2016 Page 1716
Mr. Gary Oates of GreyWolfe came forward to speak on behalf of the Applicant. Mr. Oates
stated that his client did combine the lots and installed a new drainfield, and the Applicant still
can’t meet the setback requirements. The Applicant intends to demolish the old house and
construct a new house which will meet the front setback requirement.
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. Shirley inquired if adjoining neighbors had called the office. Mr. Cheran expressed he had
no calls
Mr. Shenk made a motion to approve Variance Request #17-16 of James Myers and Faye Myers,
and Mr. Scott seconded the motion which was approved unanimously.
Mr. Scott made a motion to adjourn the meeting at 3:45 p.m., and Mr. Cline seconded the
motion.
___________________
Eric Lowman, Chairman
___________________
Pamala Deeter, Secretary
ELECTION OF OFFICERS
MEETING SCHEDULE
ADOPTION OF BY-LAWS
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: August 4, 2017
________________________________________________________________________
ELECTION OF OFFICERS FOR 2017
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately, and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will: open the nominations; accept
nominations; close nominations; and, vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2017
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals has held meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederi ck
County Administration Building.
BOARD OF ZONING APPEALS BY-LAWS FOR 2017
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
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FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed August 15, 2017)
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
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4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
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4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
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7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
all minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
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minutes.
7-3-7 Public Hearings
7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
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calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
VARIANCE REQUEST #01-17
OF
SUSAN L. FRENCH
VARIANCE APPLICATION #01-17
SUSAN L. FRENCH
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2017
Staff Contact: Mark R. 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:
August 15, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 361 Quiet Meadow Lane, Winchester, Virginia
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-122C
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 17 foot front yard variance to a required
60 foot front yard setback resulting in a 43.0 foot front yard setback.
REASON FOR VARIANCE: Due to topography, well, and drainfield location the front the house
is the only area were this addition can be built. Furthermore, the house is 150 years old built of log
construction and cannot be built on any area without compromising the integrity of the structure.
STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The property setback
lines at the adoption of the zoning ordinance were 35 feet for the front, 15 feet for the side yards and
Variance #01-17 – Susan L. French
Page 2
August 4, 2017
50 feet for the rear. Frederick County amended its ordinance in 1989 to change the A-1 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, 60 feet on the left side, and 100 feet on the
right side.
This property does not have a front Building Restriction Lines (BRL) assigned to it, and would need
to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a 17 foot variance on the
front yard from the required 60 foot front yard setback resulting in a 43.0 foot front yard setback.
Should this variance be granted, the building setbacks for this property would be 43 feet in the front,
100 feet in the rear, and 60 feet left and 100 right side.
STAFF CONCLUSIONS FOR THE AUGUST 15, 2017 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 appears to 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.
30 A122C
30 A122C
363QUIETMEADOW LN
492QUIETMEADOW LN
366QUIETMEADOW LN
366QUIETMEADOW LN
336QUIETMEADOW LN
328QUIETMEADOW LN
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B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial 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 Areas District)
RP (Residential Performance District)
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