BZA 03-27-18 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 Strect,
Winchester, Virginia, on March 27, 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 Dwight Shenk, Gainesboro District and Ronald Madagan, Member at Large.
ABSENT:
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 April. Mr. Cheran stated yes, there will
be a meeting on April 17, 2018.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #05-18 of Wright
Renovations, Inc., submitted by Michael Artz, for a 29.3 -foot left side yard variance to a required
50 -foot left side yard setback will result in a 20.7 -foot left side yard setback, a 35.4 -foot right side
yard variance to a required 50 -foot right side yard setback will result in a 14.6 -foot right side yard
setback for a single- family dwelling. This property is located south of Winchester on the east side
of Front Royal Pike (Route 522), 0.05 miles south of Vine Street and is identified with Property
Identification Number 64D-4-4 in the Shawnee Magisterial District.
Mr. Cheran came forward to present staff report. The property is zoned RA (Rural Areas) and the
land is vacant. Mr. Cheran stated on the plat this property was created in 1959 and no Building
Restriction Line (BRL) was assigned to the side and rear of the property. Mr. Cheran noted that
Frederick County Board of Zoning Appeals 1734
the Applicant would need to meet the current RA (Rural Areas) setbacks. Mr. Cheran presented
the location map and the proposed dwelling layout.
Mr. Cheran stated that 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 reiterated what the Applicant is requesting a variance of 29.3 -feet on the left side yard
from the current 50 -foot setback resulting in a 20.7 -foot setback. A 35.4 -foot right side yard
variance from the current 50 -foot setback resulting in a 14.6 -foot setback. This variance, if granted,
would allow the construction of a single-family dwelling. It should be noted that the front setback
will be 75 -feet as noted on the recorded plat and 100 -feet rear.
Mr. Cheran stated 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 noted that the Applicant has met 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.
Mr. Artz representing the Applicant came forward. Mr. Artz stated he had no additional
comments to add to Mr. Cheran presentation. Mr. Artz mentioned that he would answer any
questions regarding the Variance.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
Frederick County Board of Zoning Appeals 1735
came forward.
PUBLIC HEARING CLOSED
Chairman Lowman ask for any discussion. (none)
On a motion made by Vice -Chairman Scott to approved Variance Request #05-18 of Wright
Renovations, Inc. and Mr. Rinker seconded the motion which was approved unanimously.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #06-18 of Wright
Renovations, Inc., submitted by Michael Artz, for a 24.7 -foot left side yard variance to a required
50 -foot left side yard setback will result in a 25.3 -foot left side yard setback, a 40 -foot right side
yard variance to a required 50 -foot right side yard setback will result in a 10 -foot right side yard
setback for a single- family dwelling. This property is located South of Winchester on the East
side of Front Royal Pike (Route 522), 0.05 miles south of Vine Street and is identified with
Property Identification Number 64D-4-2 in the Shawnee Magisterial District.
Mr. Cheran came forward to present staff report and location map. The property is zoned RA
(Rural Areas) and the land is vacant. Mr. Cheran noted this property is in the same vicinity as the
previous Variance also this lot was created in 1959 and no Building Restriction Line (BRL) was
assigned to the side and rear of the property and would need to meet the current setbacks.
Mr. Cheran stated 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 reiterated what the Applicant is requesting a variance of 24.7 -feet on the left side yard
from the current 50 -foot setback resulting in a 25.3 -foot setback. A 40 -foot right side yard variance
from the current 50 -foot setback resulting in a 10 -foot setback. This variance, if granted, would
allow the construction of a single-family dwelling. It should be noted that the front setback will be
75 -feet as noted on the recorded plat and rear setback will be 100 -feet.
Mr. Cheran quoted The Code of Virginia and Code of Frederick County.
Staff noted 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.
Frederick County Board of Zoning Appeals 1736
Mr. Artz representing the Applicant came forward. Mr. Artz stated he had no additional comments
to add to Mr. Cheran presentation.
Vice -Chairman Scott posed a question as to why the placement of the house is more to the right
side of the property. Mr. Artz stated the left side of property is lower and would need to be
elevated. Vice -Chairman asked what the time frame is to build on this lot. Mr. Artz mentioned
within the next few months.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
PUBLIC HEARING CLOSED
Chairman Lowman ask for any discussion. (none)
On a motion made by Vice -Chairman Scott to approved Variance Request #06-18 of Wright
Renovations, Inc. and Mr. Shenk seconded the motion which was approved unanimously.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #07-18 of Robin
Wales and Kathy Wales, submitted by Michael Artz, for a 10 -foot rear yard variance to a required
25 -foot rear yard setback will result in a 15 -foot rear yard for a roof/deck. This property is located
at 156 McClure Way, Winchester, Virginia and is identified with Property Identification Number
64D-8-1-28 in the Shawnee Magisterial District.
Mr. Cheran came forward to present staff report and a location map. Staff noted there is a dwelling
on this property and the zoning is RP (Residential Performance). The dwelling is in a subdivision
called Red Fox Run which was created in 2000. Staff mentioned the structure is right on the 10
feet and 25 -foot BRL when the house was constructed in 2001.
Mr. Cheran stated the primary setbacks for the properties within this subdivision are: 35 -feet front,
10 -feet sides, and 25 -feet rear. The single-family dwelling located on this property was built in
2001. The Frederick County Board of Supervisors amended the setbacks for the RP Zoning District
on January 23, 2013, making the current primary setbacks for properties: 35 -feet front, 25 -feet
rear, and 10 -feet both sides for a deck/deck with roof. However, setbacks for RP properties with
unroofed decks, stoops, landings and similar features: 25 -feet front, 5 -feet sides, and 15 -feet.
Mr. Cheran reiterated what the Applicant is requesting a 20 -foot rear yard variance to the required
25 -foot rear yard setback resulting in a rear setback of 15 -feet. The Applicant is going to maintain
the current front and side setbacks as with the current foot print of the structure.
Mr. Cheran reviewed 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:
Frederick County Board of Zoning Appeals 1737
6) The property interest for which the variance is being requested was acquired in good faith.
7) The granting of the variance will not be a substantial detriment to adjoining property or
nearby properties in the proximity of that geographical area.
8) 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.
9) 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.
10) 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 conclude by saying 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 rear setback of the RP (Residential Performance) Zoning
District may be justified.
Mr. Artz representing the Applicant came forward. Mr. Artz mentioned that Mr. and Mrs. Wales
are here if you have direct questions. Mr. Artz suggestion to Mr. and Mrs. Wales to contact the
neighbors. The neighbor was willing to work with Mr. and Mrs. Wales but the bank that held the
note wasn't willing to work with them.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
PUBLIC HEARING CLOSED
Chairman Lowman ask for any discussion or comments.
Mr. Madagan comment that this house backs up to a wooded riven and never be able to build
anything there. There is also a drainage swell.
Chairman Lowman and Vice -Chairman Scott agreed with Mr. Madagan comments.
On a motion made by Vice -Chairman Scott to approved Variance Request #07-18 of Robin
Wales and Kathy Wales and Mr. Cline seconded the motion which was approved unanimously.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #08-18 of David A.
Hicks, submitted by Michael Artz, for an 18 -foot left side yard variance to a required 50 -foot left
side yard setback will result in a 32 -foot left side yard setback, a 68 -foot right side yard variance
to a required 100 -foot right side yard setback will result in a 32 -foot right side yard setback for a
Frederick County Board of Zoning Appeals 1738
single-family dwelling. This property is located Route 522 north from Winchester to Marple Road
0.7 miles south on Marple Road and is identified with Property Identification Number 41-A-110
in the Gainesboro Magisterial District.
Mr. Cheran came forward and presented staff report and location map. Mr. Cheran proceed by
saying this one -acre lot was created in 1953 and is zoned RA (Rural Areas) and the land use is
residential. Mr. Cheran mentioned there is a mobile home on the property which will be removed
after the completion of the single-family dwelling.
Mr. Cheran states the 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 to the 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.
Staff noted this property does not have Building Restriction Lines (BRL) assigned to it and would
need to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a variance of 18 -
feet on the left side yard from the current 50 -foot setback resulting in a 33 -foot setback. A 68 -foot
right side yard variance from the current 100 -foot setback resulting in a 32 -foot setback. This
variance, if granted, would allow the construction of a single-family dwelling. It should be noted
that the new dwelling would be in conformance with the current front setback of 60 -feet and rear
setback of 100 -feet.
Staff continued by quoting 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.
Frederick County Board of Zoning Appeals 1739
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.
Mr. Cline asked if the trailer is occupied and can the applicant live in the trailer while construction
of the new dwelling. Mr. Cheran responded yes. The applicant has that option to live in trailer
while construction but before getting the final Certificate of Occupancy the trailer needs to be
removed.
Mr. Artz representing the Applicant came forward. Mr. Hicks lives in the trailer. The proposed
site for the new constructed home is in the center of property and sets back further than the trailer
does from the road. There are two driveways that access the homes that are in the rear of the
property. Mr. Artz noted that the trailer will be removed. Mr. Artz stated this dwelling would be
an improvement to the property.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
PUBLIC HEARING CLOSED
Chairman Lowman ask for any discussion or comments. (none)
On a motion made by Mr. Shenk to approved Variance Request #08-18 of David A. Hicks and
Mr. Rinker seconded the motion which was approved unanimously.
Vice -Chairman Scott made a motion to adjourn the meeting at 4:05 p.m. and Mr. Madagan
seconded the motion.
J
Eric Lowman, ha�an
Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals 1740