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BZA 11-21-17 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 November 21, 2017. PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice -Chairman, Shawnee District; Reginald Shirley III, Opequon District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; Dudley Rinker, Back Creek District 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. Chairman Lowman asked if there are any application for December. Mr. Cheran stated, there would be a meeting as we have one application. On a motion made by Mr. Cline and seconded by Mr. Shenk the meeting minutes for October 17, 2017 were unanimously approved. PUBLIC HEARING Chairman Lowman read Variance Request #03-17 of David and Jaime Jordan, submitted for a 19 - foot front yard variance to a required 60 -foot front setback which will result in a 41 -foot front setback, and a 4 -foot right side yard variance to a required 100 -foot right side yard setback which will result in a 96 -foot right side yard setback. This property is located at 516 North Drive, Winchester, and is identified with Property Identification Number 30-6-7 in the Gainesboro Magisterial District. Page 1724 Frederick County Board of Zoning Appeals Mr. Cheran came forward to present Variance Request #03-17 David and Jaime Jordan. Mr. Cheran made the correction for record that this variance is only for a front yard and not for a right - side variance. Staff continued by saying the property is in the Gainesboro District and is zoned RA (Rural Areas) and is vacant. The adjoining properties are residential. Mr. Cheran stated the Applicant is requesting for a 19 -foot front yard variance to a required 60 -foot front setback which will result in a 41 -foot front setback. The Applicant wants to construct a single-family dwelling. Mr. Cheran presented a map of the property. Staff pointed out the property is wooded and has steep slopes. Staff continued by saying that is why the Applicant is asking for a variance because the Applicant cannot meet the current setback of the RA District. Mr. Cheran stated that in 1967 Frederick County adopted zoning. The Frederick County historical map shows this property was zoned A-1 (Agricultural Limited). The property setback lines at the adoption of the zoning ordinance were 35 -feet front, 15 -feet for sides and 50 -feet for the rear. The ordinance was amended in 1989 to change the A-1 Zoning District to the current RA Zoning District. The County amended the RA Zoning District setbacks on February 28, 2007. Today the current setbacks for the property are 60 -feet to the front, 100 -feet to the rear, and 100 -feet on the sides. When this subdivision was created no building restriction lines were assigned, so that meant the Applicant would need to follow today's setbacks for the RA District. Mr. Cheran reiterated the Applicant's request for a variance. Mr. Cheran concluded by stating the Code of Virginia 15.2-2309 (2) and the 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. Staff acknowledged this proposed variance meets the criteria of The Code of Virginia 15.2-309 (2) and the Code of Frederick County. Mr. Cheran said this variance may be justified. Page 1725 Frederick County Board of Zoning Appeals Chairman Lowman opened the floor to questions for Mr. Cheran. Chairman Lowman opened the floor to anyone in favor of the variance. The Applicant, Mr. David Jordan came forward. Mr. Jordan stated if he moved the house back then the driveway would be steep and could present problems with getting out in the winter time. Chairman Lowman opened the floor to questions for Mr. Jordan. Mr. Shirley verified with the Applicant to make sure the Applicant doesn't need a right -side variance. Mr. Jordan said he doesn't need a right -side variance just a front variance. Chairman Lowman opened the floor to anyone who opposed. No one came forward. Public Hearing Closed Discussion Mr. Shenk recused himself from the vote due to personal reason. Discussion from Board. Mr. Madagan looked at the property and didn't see a reason as to why the house couldn't be moved closer to the road. Chairman Lowman is familiar with the area and agrees the topographic plays a big role in placing this house. Mr. Cline made a motion to approve Variance Request #03-17 of David and Jaime Jordan and Mr. Rinker seconded the motion which was approved unanimously. PUBLIC HEARING Chairman Lowman read the next Variance #04-17 which John Powell, submitted for a 35 -foot left side yard variance to a required 60 -foot left side yard setback will result in a 25 -foot left side yard. This property is located at Route 522 North, turn left onto Route 739 (Apple Pie Ridge Road), proceed to Route 650 (Upper Ridge Road), property is on the right side and is identified with Property Identification Number 42-20-6 in the Gainesboro Magisterial District. Mr. Cheran came forward to present Variance #04-17 of John Powell. Staff continued by saying this is for a front yard variance for an accessory structure. The location of the drainfield and reserve prevents building of the accessory structure in another location other than next to a private easement. Mr. Cheran presented a map of the property and this parcel was included in a subdivision that was created in 1991. In the RA District, the setback for an accessory structure off of a private easement was 60 feet from the right-of-way and 15 feet from the property lines. The Board of Supervisors Page 1726 Frederick County Board of Zoning Appeals amended the setbacks for accessory structure in the RA District on May 27, 2017. The current setbacks are 45 feet off a private right-of-way. If granted, the building setback for this accessory structure would be 10 feet from the private right-of-way and 15 feet sides and rear. The adjoining property owners have submitted letters of support for the variance. Mr. Cheran concluded by reiterating The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2 requirement criteria. The proposed variance meets the two codes and appears to be consistent with character of the District. This variance request may be justified. Chairman Lowman opened the floor for anyone in favor to come and speak. Mr. Ron Shickle came forward to speak on behalf of the variance. Mr. Shickle lives across the street from Mr. Powell. Mr. Shickle stated this is a very good neighbor and is in favor of the vanance. Chairman Lowman asked if there are any questions for the Applicant, Mr. John Powell. Mr. Powell came forward. Chairman Lowman verified with Mr. Powell that he wasn't moving his plumbing business to this structure. Mr. Powell stated this structure is for his personal use. Chairman Lowman asked if anyone in opposition to come forward and speak. Closed Public Hearing Discussion Mr. Shenk commented that he didn't think the structure would be visible from the street. Chairman Lowman and Mr. Madagan agreed that the structure would be hard to see. Mr. Madagan commented that the Applicant's intention is to build a structure like his garage. Chairman Lowman commented that we do have letters of support for the variance. Mr. Shenk made a motion to approve Variance Request #04-17 of John Powell and Mr. Scott seconded the motion which was approved unanimously. Mr. Cheran noted that the Bylaws would be in the next agenda. Mr. Shenk made,a motion to adjourn the meetin at 3:45 p.m. and Mr. Scott seconded the motion. Z�L Eric Lowman, Chairman Pamala Deeter, Secretary Page 1727 Frederick County Board of Zoning Appeals