BZA 02-20-18 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 February 20, 2018.
PRESENT: Eric Lowman, Chairman, Red Bud District; John Cline, Stonewall District;
Reginald Shirley III, Opequon District; Kevin Scott, Vice -Chairman Shawnee District; Dudley
Rinker, Back Creek and Ronald Madagan, Member at Large.
ABSENT: Dwight Shenk, Gainesboro 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.
Vice -Chairman Scott led the Pledge of Allegiance.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the December
19, 2017 meeting were unanimously approved as presented.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Chairman Lowman opened the floor for nominations for Chairman. Mr. Cline made a motion to
nominate Mr. Lowman and Mr. Rinker 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. Madagan 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. Vice -Chairman Scott made a
motion to nominate Mrs. Deeter and Mr. Madagan 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 1731
Vice -Chairman Scott made a motion to keep the Board of Zoning Appeals meeting time at 3:30
p.m., on the third Tuesday of the month. Mr. Rinker 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. Rinker and seconded by Vice -Chairman Scott the Bylaws were approved as presented to
the Board and the vote was unanimous.
Mr. Cheran stated he met with the Applicant and hopes to turn paperwork in for the March 20,
2018 meeting but the cut-off date is February 23, 2018.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #02-18 for 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.
Mr. Cheran came forward and presented an aerial location map of the property, as well as, a sketch
drawing of the proposed structure layout. Mr. Cheran stated this is a one -acre non -conforming
property with a setback of 11 foot when the original structure was built in 1986. The dwelling was
removed, and the foundation was left. In looking at the foundation, the condition was not useable.
Mr. Cheran noted that in Frederick County the Applicant has a one for one replacement.
Staff reported 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 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.
Mr. Cheran said 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.
Frederick County Board of Zoning Appeals 1732
Mr. Cheran stated The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-
100.2 states that no variance shall be granted unless the application can meet the five (5)
requirements.
Mr. Cheran quoted the five (5) requirements for a variance. Staff noted this variance meets the
intent of the Code of Virginia and Frederick County.
Chairman Lowman opened floor for questions for Mr. Cheran.
Chairman Lowman opened the floor to the Applicant.
Mr. Roy Beatty, the Applicant, came forward and stated that he had nothing to add to the
presentation. Mr. Beatty did comment that Mr. Cheran was helpful and directed him to proceed
this way.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
Discussion
Mr. Madagan and Mr. Rinker visited the property, and both commented that the property on the
right side is closer than what the Applicant is asking for. Both committee members agreed that
this variance would fit in with the area.
On a motion made by Mr. Rinker to approve the Variance Request #02-18 of Roy and Patricia
Beatty and Mr. Cline seconded the motion which was unanimously.
Mr. Cline made a motion to adjourn the meeting at 3:45 p.m. and Mr. Rinker seconded the
motion.
f�
�a
��ZcThGti--.
Eric Lowman, Chairman
Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals 1733