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HomeMy WebLinkAboutBZA 07-17-18 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 July 17, 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. On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the April 17, 2018 meeting were unanimously approved with the correction of paragraph 5 on page 1746. Draft minutes read Mr. Hill's final comment is that the estoppel should not apply because the FCC regulates the protection for owners to construct amateur towers. The word not in that sentence was removed. On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the May 15, 2018 meeting were unanimously approved with the corrections on pages 1753 and 1754 of inserting the word approved after each motion. PUBLIC HEARING Chairman Lowman read the request for Variance Request #11-18 of Stephen B. Surber, II, 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 20 -foot right side yard variance to a required 50 -foot right side yard setback which will result in a 30 -foot right side yard setback, and a 15 -foot rear yard variance to a required 50 -foot rear yard setback which will result in a 35 -foot rear yard for a single family Frederick County Board Of Zoning Appeals 7/17/18 1755 dwelling. This property is in Lake Saint Clair Development, Lot 10, Winchester and is identified with Property Identification Number 31A-1-10 in the Gainesboro Magisterial District. Mr. Cheran came forward and presented the Variance Request #11-18 of Stephen B. Surber, II. Staff presented an aerial map and stated there is no dwelling on the property. Historical maps indicate this property as being A-2 (Agricultural General). This parcel was created in 1959. In 1967, Frederick County adopted zoning; at the time the setbacks were 35 feet for the front and 15 feet for the side yards. The Ordinance was amended in 1989 changing the A-2 Zoning District to Rural Areas (RA). The Ordinance was amended again in February 28, 2007, making the setbacks for the parcel 60 feet to the front, 50 feet to the rear and 50 feet on the side yards. Mr. Cheran explained that with the current setback the Applicant cannot meet the setback requirements. Mr. Cheran also noted that the parcel is not in a floodplain or floodway according to the FEMA maps. Mr. Cheran recited, The Code of Virginia and Code of Frederick County, which 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 has met requirements of The Code of Virginia and Frederick County. This variance request is justified because the Applicant cannot meet the current setback requirements. Chairman Lowman asked the Applicant if he wanted to come forward and speak. Mr. Surber stated he had nothing to add to the presentation. Mr. John B. Scroth, secretary of the HOA, came forward to speak. Mr. Scroth noted that Mr. Surber presented his plans to HOA Board. The HOA Board explained he would need to get a variance from the County. Mr. Scroth explained that Lake Saint Clair has a deed of dedication Frederick County Board Of Zoning Appeals 7/17/18 1756 and the setbacks are 25 -feet. The Applicant adjusted his plans to meet the deed of dedication of 25 -foot setback requirement. The HOA Board approved his plan. Closed Public Hearing Discussion Mr. Shenk commented the lot is beautiful and whatever plan the Applicant picks would complement the development. On a motion made by Mr. Shenk to approve the Variance Request #11-18 of Stephen B. Surber, Il, and Vice -Chairman Scott seconded the motion which was unanimously approved. Chairman Lowman inquired if there are any applications for August. Mr. Cheran stated no, the cutoff date is Friday, July 20. Vice -Chairman Scott inquired as to the status of the two Appeals Rockwood 72, LLC., and 750 Remington, LLC. Mr. Cheran stated no court date yet and will go before the Circuit Court. Eric Lowman, Chairman Pamala Deeter, Secretary Frederick County Board Of Zoning Appeals 7/17/18 1757