BZA 12-18-18 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 18, 2018.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice -Chairman Shawnee
District; John Cline, Stonewall District; Reginald Shirley, III, Opequon District; Dudley Rinker,
Back Creek District; Dwight Shenk, Gainesboro District and Ronald Madagan, Member at
Large.
ABSENT:
STAFF
PRESENT: Mark Cheran, Zoning Administrator 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 the
cut-off date is December 21, 2018.
On a motion made by Mr. Rinker and seconded by Mr. Madagan, the minutes for the July 17,
2018 meeting were unanimously approved as presented.
Chairman Lowman inquired if a vote was needed for the proposed bylaws. Mr. Cheran said the
bylaws was included in agenda for the board members to review. Mr. Cheran stated that the
adoption of the bylaws will be voted upon the first meeting in 2019.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #12-18 of CMH
Homes Inc. submitted for a 28.7 -foot left side yard variance to a required 50 -foot left side yard
setback will result in a 21.3 -foot left side yard setback, and a 28.7 -foot right side yard variance to
a required 50 -foot right side yard setback will result in a 21.3 -foot right side yard setback for a
single-family dwelling. This property is located at 1128 Cedar Grove Road and is identified with
Property Identification Number 31-A-121 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning
District and the land use is residential. The adjoining properties are RA and also residential in
land use. Staff presented a map which is showing a trailer on the property.
Due to the size and acreage of the adjoining properties the Applicant cannot meet the current
setbacks. This parcel was created in 1960 and in 1967 the County adopted zoning. In 1967 the
parcel was zoned A2 (Agricultural General), and the setbacks were 35 -feet for the front and 15 -
feet for the side yards and 50 -feet to the rear. The A2 Zoning District was changed to the RA
(Rural Areas) in 1989 when the County amended Ordinance. Then on February 28, 2007 the Board
of Supervisors changed the setbacks for the RA Zoning District. Upon the change the setbacks for
this parcel is 60 -feet to the front, 50 -feet to the rear and 50 -feet to both sides.
Mr. Cheran noted that the property was created in 1960 and no building restriction lines were
indicated on the plat, so the Applicant would have to follow today setbacks.
Mr. Cheran reiterated what the Applicant is requesting as far as setbacks. If variance granted, the
new single dwelling will meet today's current front setback of 60 -feet and the rear setback of 50 -
feet. Also, the trailer will be removed per the Applicant.
Mr. Cheran conclude by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County
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 noted that the parcels in that area are small and the variance appears to be consistent
with the character of the District; and the variance meets the intent of State Code and County Code.
This request from the current setback of the RA Zoning District may be justified.
Chairman Lowman opened floor for questions for Mr. Cheran.
Chairman Lowman opened the floor to the Applicant.
Ms. Teresa Kite, representative of CMH Homes, came forward and stated that she had nothing to
really to add to the presentation. Ms. Kite mentioned the company is working with the County, so
they can move forward with the single-family dwelling on property. Ms. Kite noted that the house
cannot be turned another way on the property because of the well and septic system.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
No discussion
On a motion made by Mr. Shenk to approve the Variance Request #12-18 of CMH Homes, Inc.
and Mr. Scott seconded the motion which was unanimously approved.
Mr. Cheran gave the update on the two tower cases that went to court.
Vice -Chairman Scott made a motion to adjourn the meeting at 3:45 p.m. and Mr. Madagan
seconded the motion.
7 -
Eric Lowman, Chairman
Pamala Deeter, Secretary