BZA 10-17-17 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 October 17, 2017.
PRESENT: Eric Lowman, Chairman, Red Bud District; Reginald Shirley III, Opequon District;
Dwight Shenk, Gainesboro District; Dudley Rinker, Back Creek and Ronald Madagan, Member
at Large.
ABSENT: Kevin Scott, Vice-Chairman, Shawnee District and 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 application for November. Mr. Cheran stated, there
would be a meeting we have two applications.
Chairman Lowman added that a correction in the meeting minutes. Mr. Rinker was present at
the August 15, meeting and his name did not appear under the present or absent. On a motion
made by Mr. Rinker and seconded by Mr. Madagan, the minutes for the August 15, 2017
meeting were unanimously approved with the correction.
PUBLIC HEARING
Chairman Lowman read Variance Request #02-17 Elmer A. Christian, Jr., submitted by Pennoni
Associates, Inc., for a 29.2-foot left side yard variance to a required 50-foot left side yard setback
resulting in a 20.8-foot left side yard and a 37.5-foot rear yard variance to a required 100-foot rear
yard setback resulting in a 62.5-foot rear yard. The property is located at the 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.
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Mr. Cheran came forward to present Variance Request#02-17 Elmer A. Christian, Jr. Staff
presented the maps for the property. Staff continued by saying the zoning is RA (Rural Areas)
District and the current land use is vacant or residential. The property is narrow and cannot meet
the current setbacks. Mr. Cheran said that the Applicant is requesting a left side variance and a
rear variance. Staff presented a proposed layout of the house site with the drainfield. Mr. Cheran
reiterated the request of the setbacks.
Staff stated that 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.
Mr. Cheran said there is no Building Restriction Lines (BRL) on this parcel so that means the
Applicant would need to meet the current RA (Rural Areas)Zoning District setbacks. Mr. Cheran
stated if variance 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. Mr. Cheran proceeded by saying the
Applicant has a nonconforming 10-foot right side setback due to the location of the house. Mr.
Cheran also stated the Applicant is not requesting a right-side setback and will maintain the current
setback.
Mr. Cheran concluded by saying the Applicant does meet 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.
Staff acknowledged this proposed variance meets the criteria of The Code of Virginia 15.2309 (2)
and the Code of Frederick County. Mr. Cheran said this variance request may be justified.
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Chairman Lowman opened the floor to questions for Mr. Cheran.
Mr. Shirley stated that on the proposed drawing of the house he didn't see a well site. Mr. Shirley
clarified that the Applicant can get everything on the site. Mr. Cheran responded that will be
addressed during building permit time and they should be able to get a well site on the property.
Chairman Lowman asked is anyone representing the Applicant? Mr. Cheran replied the Applicant
is here.
Mr. Christian clarified that his physical address is 208 Fair Lane, Winchester, VA which is in the
Stonewall District and the Variance #02-17 is located at Cedar Grove Road in the Gainesboro
District.
Mr. Christian was not clear on what papers he signed when Mr. Michael Artz, Land Surveyor
presented them to him.
Staff noted that the application and power of attorney was signed by Mr. Christian on September
20, 2017. Mr. Cheran showed this to Mr. Christian and he acknowledged this is the papers he
signed. Mr. Cheran explained to Mr. Christian as to why we are here. Staff stated to Mr. Christian
that we can withdraw the application or move forward.
Chairman Lowman asked if there is anyone to speak in favor or oppose this variance.
Ms. Amy Newcome came forward and stated she is not opposing the variance. Ms. Newcome
states that her property adjoins Mr. Christian property. Ms. Newcome questions as to how this
would impact her property lines?
Chairman Lowman stated this would not changing your property lines. Chairman Lowman said
there is no setback on the property and the Applicant would need to follow the current setback but
is unable to do this because of the narrowness of property.
Ms. Amy Newcome clarified that the Applicant can't meet today's setback so they are asking for
an exception.
Closed Public Hearing
Mr. Shenk was in favor of the variance this also would make it a buildable lot.
Mr. Madigan stated that the Applicant needs to tell us whether he wants rather to move forward
with request or not.
Mr. Shirley had concerns if the Applicant was aware of the procedure. Mr. Shirley also stated that
we could table until next month.
Chairman Lowman suggested that we might get Mr. Artz to come in and represent the Applicant.
Mr. Cheran spoke with the Applicant and he wants to move forward with the Variance.
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The Applicant came forward. Chairman Lowman asked Mr. Christian if he wanted to proceed
with the Variance.
Mr. Christian replied yes to move forward.
No further discussion
Chairman Lowman do we have a motion.
Mr. Shenk made a motion to approve Variance Request #02-17 of Elmer A. Christian, and Mr.
Rinker seconded the motion which was approved unanimously.
Mr. Rinker made a motion to adjourn the meeting at 3:45 p.m., and Mr. Shenk seconded the
motion.
Eric Lowman, Chairman
4/Y1 y
Pamala Deeter, Secretary
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