BZA 10-17-17 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
October 17, 2017
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of August 15, 2017
PUBLIC HEARING
3) Variance Request #02-17 of Elmer A. Christian, submitted by Pennoni Associated Inc.,
for a 29.2-foot left side yard variance to a required 50-foot left side yard setback will result
in a 20.8-foot left side yard and a 37.5-foot rear yard variance to a required 100-foot rear
yard setback will result in a 62.5-foot rear yard. This property is located at east side of
Cedar Grove Road (Route 654), 0.45 miles north of the intersection with Northwestern Pike
(Route 522) and is identified with Property Identification Number 31-A-56 in the
Gainesboro Magisterial District.
4) Other
Adjourn
MINUTES FOR
THE
AUGUST 15, 2017
BZA MEETING
Frederick County Board of Zoning Appeals Page 1717
August 15, 2017
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 August 15, 2017.
PRESENT: Eric Lowman, Chairman, Red Bud District; John Cline, Stonewall District;
Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District; Dwight Shenk,
Gainesboro 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.
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 1718
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 17foot 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 1719
August 15, 2017
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 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
VARIANCE REQUEST #02-17
OF
ELMER A. CHRISTIAN
VARIANCE APPLICATION #02-17
ELMER A. CHRISTIAN, JR
Staff Report for the Board of Zoning Appeals
Prepared: October 10, 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:
October 17, 2017
Public Hearing; Action Pending
LOCATION: The property is located at 208 Fair Lane Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-56
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 29.2-foot left side yard variance to a
required 50-foot left side yard setback will result in a 20.8-foot left side yard setback and a 37.5-foot
rear yard variance to a required 100-foot rear yard setback will result in a 62.5-foot rear yard setback.
REASON FOR VARIANCE: The property is exceptionally narrow and cannot meet current RA
setbacks.
Variance #02-17 – Elmer Christian, Jr.
Page 2
October 10, 2017
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
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 Building Restriction Lines (BRL) assigned to it, and would need to meet
the current RA (Rural Areas) setbacks. The Applicant is requesting a 29.2-foot left side variance to
the required 50-foot left yard setback, and a 37.5-foot rear yard variance to the required 100-foot rear
yard setback. Should this variance be granted, the building setbacks for this property would be 60
feet in the front, 62.5 feet in the rear, and 20.8 feet left side and 10 feet right side. The Applicant is
going to maintain the current right-side setback as with the current foot print of the structure. The
setback will not be extended or encroach.
STAFF CONCLUSIONS FOR THE OCTOBER 17, 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.
ST654
31 A 56
275CEDARGROVE RD
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314CEDARGROVE RD
314CEDARGROVE RD
291CEDARGROVE RD
304CEDARGROVE RD
283CEDARGROVE RD
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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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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 22, 2017Staff: mcheran
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VAR # 02 - 17Elmer Christian Jr.PIN:31 - A - 56Left and Rear VarianceZoning Map
VAR #02-17
ST654
31 A 56
275CEDARGROVE RD
256CEDARGROVE RD
284CEDARGROVE RD
314CEDARGROVE RD
314CEDARGROVE RD
291CEDARGROVE RD
304CEDARGROVE RD
283CEDARGROVE RD
305CEDARGROVE RD
309CEDARGROVE RD
321CEDARGROVE RD
332CEDARGROVE RD
337CEDARGROVE RD
340CEDARGROVE RD
353CEDARGROVE RD
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Building Footprints
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 22, 2017Staff: mcheran
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VAR #02-17