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BZA 08-15-17 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 August 15, 2017. PRESENT: Eric Lowman; Chairman, Red Bud District; John Cline, Stonewall District; Reginald Shirley I1I, Opequon District; Kevin Scott, Shawnee District; Dwight Shenk, Gainesboro District; Dudley Rinker, Back Creek and Ronald Madagan, Member at Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector and Pamala Deeter, BZA 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. Shenk, the minutes for the December 20, 2016 meeting were unanimously approved as presented. ELECTION OF OFFICERS AND ADOPTION OF BYLAWS Chairman Lowman opened the floor for nominations for Chairman. Mr. Scott made a motion to nominate Mr. Lowman and Mr. Cline seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Lowman as Chairman. Chairman Lowman opened the floor for nominations for Vice - Chairman. Mr. Rinker made a motion to nominate Mr. Scott and Mr. Shenk seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Scott as Vice - Chairman. Chairman Lowman opened the floor for nominations for Secretary. Mr. Rinker made a motion to nominate Mrs. Deeter and Mr. Scott seconded the motion. The floor was closed for nominations. The vote was unanimous for Mrs. Deeter as Secretary. Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of the month. Frederick County Board of Zoning Appeals Page 1717 August 15, 2017 Mr. Rinker made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the'third Tuesday of the month. Vice - Chairman Scott seconded the.motion and the vote was unanimous. Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by Mr. Scott and seconded by Mr. Rinker the Bylaws were approved as presented to the Board and the vote was unanimous. PUBLIC HEARING Variance Request #01 -17 of Susan L. French for a l7foot front yard variance to a required 60foot 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. Mr. Cheran came forward to present Variance #01 -17 for Susan French. Mr. Cheran stated the location of the property is 361 Quiet Meadow Lane, Winchester, Virginia in the Gainesboro District and is identified by property identification number 30- A -122C. The property is zoned RA (Rural Areas) and the surrounding properties are zoned RA. Mr. Cheran noted that 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. Mr. Cheran stated there are several reason for the variance because of the topography, well and drainfield location. The only area for the addition is in the front of the house. Mr. Cheran noted the house is 150 years old. Mr. Cheran continued in 1967 Frederick County adopted zoning. The County historical zoning map shows this property was zoned A -1 (Agricultural Limited). At the adoption of the zoning ordinance, the property setback lines were 35 feet for the front, 15 feet for the side yards and 50 feet for the rear. The ordinance was amended in 1989 to change the A -1 Zoning District to the current RA (Rural Areas) Zoning District. The Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks 60 feet to the front, 100 feet to the rear, 60 feet on the left side, and 100 feet on the right side. Mr. Cheran noted this property does not have front Building Restriction Lines assigned to it, and would need to meet the current RA setback. Mr. Cheran reiterated what the Applicant is requesting. Mr. Cheran stated if the variance approved the building setbacks for this property would be 43 feet in the front, 100 feet in the rear, 60 feet left side and 100 feet right side. Mr. Cheran concluded by stating 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: Frederick County Board of Zoning Appeals Page 1718 August 15, 2017 l) 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 stated the 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. Mr. Cheran noted that Mr. Gary Oates, of GreyWolfe represents the applicant. Chairman Lowman concluded by saying are there any questions, for Mr. Cheran. Chairman Lowman asked are there any questions for Mr. Oates. Public Hearing Closed No Discussion Mr. Shenk made a motion to approve Variance Request #01 -17 of Susan L. French, and Mr. Rinker seconded the motion which was approved unanimously. Mr. Shirley made a motion to adjourn the meeting at 3:50 p.m., and Mr. Cline seconded the motion. Eric Lowman, Chairman Pamala Deeter, Secretary Frederick County Board of Zoning Appeals Page 1719 August 15, 2017