BZA 02-20-18 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
February 20, 2018
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of December 19, 2017
3) Election of Officers and Adoption of Bylaws
PUBLIC HEARING
4) Variance Request #02-18 of Roy Beatty and Patricia Beatty, for a 65-foot left side yard
variance to a required 100-foot left side yard setback will result in a 35-foot left side yard
setback, a 65-foot right side yard variance to a required 100-foot right side yard setback will
result in a 35-foot right side yard setback single-family dwelling. This property is located at
180 Fishel Road, Winchester and is identified with Property Identification Number 59-A-40
in the Back Creek Magisterial District.
Other
Adjourn
MINUTES FOR
THE
DECEMBER 19, 2017
BZA MEETING
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Frederick County Board of Zoning Appeals Page 1728
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 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.
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Frederick County Board of Zoning Appeals Page 1729
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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Frederick County Board of Zoning Appeals Page 1730
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 floor 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 propert y. 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
ELECTION OF OFFICERS
AND
ADOPTION OF BY-LAWS
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: February 13, 2018
________________________________________________________________________
ELECTION OF OFFICERS FOR 2018
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately, and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will: open the nominations; accept
nominations; close nominations; and, vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2018
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals has held meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederick
County Administration Building.
BOARD OF ZONING APPEALS BY-LAWS FOR 2018
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
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FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed for Adoption February 20, 2018 )
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
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immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
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such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
7-1-4 Public Hearing
7-1-5 Other
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7-1-6 Adjournment
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
all minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
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Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
VARIANCE REQUEST #02-18
OF
ROY AND PATRICIA BEATTY
VARIANCE APPLICATION #02-18
ROY BEATTY AND PATRICIA BEATTY
Staff Report for the Board of Zoning Appeals
Prepared: February 9, 2018
Staff Contact: Mark 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:
February 20, 2018
Public Hearing; Action Pending
LOCATION: The property is located at 180 Fishel Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 59-A-40
PROPERTY ZONING & USE: Zoned: RA
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 65-foot left side yard variance to a
required 100-foot left side setback resulting in a 35-foot left side setback, and a 65-foot right side
yard variance to a required 100-foot right side setback resulting in a 35-foot right side setback.
REASON FOR VARIANCE: The property cannot meet current setbacks do to size and acreage of
the adjoining properties.
STAFF COMMENTS: This property was created in 1986 as shown on the deed. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned
A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning
Variance #02-18 – Roy Beatty and Patricia Beatty
Page 2
February 9, 2018
ordinance were 35 feet for the front and 15 feet for the side yards and 50 feet rear. Frederick County
amended its Ordinance in 1989 to change the A-2 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, and 100 feet to both sides.
The Applicant is requesting a variance of 65-feet on the left side yard from the current 100-feet
resulting in a 35-foot setback. A 65-foot right side yard variance from the current 100-foot
requirement resulting in a 35- foot setback. This variance, if granted, would allow the construction
of a dwelling replacing the existing dwelling that was built in 1965. It should be noted that the new
house would be located farther back from the road in conformance with the front setback.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2018 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.
ST612
59 A 40
163FISHEL RD
164FISHEL RD
3120WARDENSVILLE GR
3102WARDENSVILLE GR
208FISHEL RD
194FISHEL RD
FISHE
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Applications
Parcels
Building Footprints
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)
I
Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2018Staff: mcheran
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VAR # 02 - 18Roy and Patricia BeattyPIN:59 - A - 40Left and Right Side SetbackZoning Map
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VAR # 02 - 18Roy and Patricia BeattyPIN:59 - A - 40Left and Right Side SetbackZoning Map
VAR #02-18