BZA 12-19-17 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 December 19, 2017.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice -Chairman, Shawnee
District; Reginald Shirley III, Opequon District; Dwight Shenk, Gainesboro District; Dudley
Rinker, Back Creek District and Ronald Madagan, Member at Large.
ABSENT: John Cline, Stonewall District
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.
Chairman Lowman asked if there are any applications for January. Mr. Cheran stated no, but there
is a possibility of a February meeting.
On a motion made by Vice -Chairman Scott and seconded by Mr. Rinker the meeting minutes for
November 21, 2017 were unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance Request #05-17 of Maria Delbosario Hernandez Bautista,
submitted by E. Lynn Beightol, III for a 25 -foot left side yard variance to a required 50 -foot left
side yard setback which will result in a 25 -foot left side yard setback, a 75 -foot right side yard
variance to a required 100 -foot right side yard setback which will result in a 25 -foot right side yard
setback. This property is located at 1549 Front Royal Pike, Winchester and is identified with
Property Identification Number 76-A-10 in the Shawnee Magisterial District.
Mr. Cheran came forward to present Variance Request #05-17 of Maria Delbosario Hernandez
Bautista. Mr. Cheran noted this parcel is zoned RA (Rural Areas) District and the adjoining
properties are RA and the use of the properties are residential/farm.
Frederick County Board of Zoning Appeals Page 1728
Mr. Cheran presented a map of the property and also a drawing of the proposed layout of the parcel
which was submitted by the Applicant.
Mr. Cheran presented the 1940 survey and stated this property has no building restriction lines
(BRL). The property is narrow in width and cannot meet the current Building Restriction Lines for
the RA Zoning District.
Mr. Cheran reiterated that the property was created in 1940 and was not assigned a BRL. Zoning
was adopted in Frederick County in 1967. The historical maps indicated that this property was
zoned A-2(Agricultural General) in 1967. The setback for the property at the time of adoption of
the zoning ordinance were 35 feet for the front, 15 feet for the side yards and 35 feet for the rear.
The ordinance was amended in 1989 and this changed the zoning of the property from the A-2
Zoning District to the RA District. Mr. Cheran noted that on February 28, 2007 the Board of
Supervisors amended ordinance which changed the RA setbacks. The current setbacks for this
property is 60 feet to the front, 100 feet to the rear, 50 feet left side, and 100 feet on the right side.
Mr. Cheran again reiterated what the Applicant is requesting. Mr. Cheran noted that the property
is narrow in width and cannot meet the current building restriction lines.
Mr. Cheran concluded by saying 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.
Mr. Cheran stated that the Applicant 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.
Chairman Lowman opened the floor to questions for Mr. Cheran.
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Mr. Shirley confirmed with Mr. Cheran that there is an approved septic system and that the
structure is now demolished. Mr. Cheran said yes, if they want to build a bigger house then they
would need approval from the health department.
Chairman Lowman opened the moor to anyone in favor of the variance. No one came forward.
Chairman Lowman opened the floor to anyone who opposed.
Mr. Douglas Kern came forward and noted he owns a couple properties. Mr. Kern's concern is the
drainage runway from his property to the Applicant's. Mr. Kern's noted the drainage runway has
been covered over for several years and the water backs up onto his property. Mr. Kern's asked
for clarification, is the setback request for the house or a drainfield.
Chairman Lowman stated the setback request is for the building of a structure or a house. The
Health Department will need to inspect the existing septic system, or will the septic system need
to be replaced.
Public Hearing Closed
Discussion
Vice -Chairman Scott noted that the survey was dated 1941 do we need a current survey. Mr.
Cheran stated this is a recorded survey so we won't need a new survey.
Mr. Cheran addressed Mr. Kern's drainage question. If the Applicant pulls a building permit,
there is a grading plan that is submitted and reviewed. This might help Mr. Kern's drainage
problem.
Mr. Cheran commented that on variance request the Applicant is required to do two setback
surveys.
Vice -Chairman Scott made a motion to approve Variance Request #05-17 of Maria Delbosario
Hernandez Bautista and Mr. Shirley seconded the motion which was approved unanimously.
Mr. Cheran noted that the Appeal will probably be heard in February. The County has outside
counsel.
Mr. Shenk made a motion to adjourn the meeting at 3:50 p.m. and Vice -Chairman Scott seconded
the motion.
Eric Lowman, Chairman
Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals Page 1730