BZA 05-15-18 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 May 15, 2018.
PRESENT: Eric Lowman, Chairman, Red Bud 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: Kevin Scott, Vice -Chairman Shawnee 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 here are any applications for June. Mr. Cheran stated no, the cutoff
is Friday.
Chairman Lowman and Mr. Shirley will not be able to attend if there is a June meeting.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #09-18 of A & R
Rentals, submitted by Racey Engineering, PLC, for a 21.7 -foot left side yard variance to a required
50 -foot left side yard setback will result in a 28.3 -foot left side yard setback, and a 21.8 -foot right
side yard variance to a required 50 -foot right side yard setback will result in a 28.2 -foot right side
yard setback for a single-family dwelling. This property is located 300 feet south of the
intersection of Huttle Road (Route 636) and Reliance Road (Route 627) and is identified with
Property Identification Number 91C (1)-1 I in the Opequon Magisterial District.
Mr. Cheran came forward to present the Variance Request #09-18 of A & R Rentals. Staff
presented a zoning map and a house location plat. Mr. Cheran explained this parcel was created
1751 Frederick County Board of Zoning Appeals
in 1940. In 1967 Frederick County adopted zoning, and this parcel was zoned A-2 Agricultural
General. The property setback lines at the adoption of the zoning ordinance were 35 -feet for the
front, 15 -feet for the side yards and 50 -feet to the rear. In 1989 this parcel changed from A-2
Zoning District to RA (Rural Areas) because the ordinance was amended. On February 28, 2007
the Board of Supervisors changed the setbacks for the RA (Rural Areas) Zoning District. Today
the setback for this property are 60 -feet to the front, 100 -feet to the rear, and 50 -feet to both sides.
Mr. Cheran noted, since this parcel does not have Building Restriction Line (BRL) assigned to it,
the Applicant would need to follow the current RA (Rural Areas) Zoning District setback. The
Applicant could not meet the current setback in the RA (Rural Areas) Zoning District for a single-
family dwelling.
Mr. Cheran reiterated the request of the setbacks for the Applicant.
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.
Chairman Lowman opened floor for questions for Mr. Cheran.
Mr. Rinker needed clarification on the map that Mr. Cheran presented.
Chairman Lowman opened the floor to the Applicant.
Mr. Darrin Richards, with Racey Engineering, came forward on behalf of A & R Rentals stated
that he had nothing to add to the presentation.
Chairman Lowman questioned would the property need a boundary line adjustment. Mr. Richards
stated no. When preparing the house proposal plat, we tried not to impact the surrounding areas,
that is why Applicant is only asking for the left and right -side setback variance.
1752 Frederick County Board of Zoning Appeals
Mr. Shirley questioned if the middle house was being demo. Mr. Racey explained that house is
being reroofed.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
Comment/Discussion
Mr. Shirley commented that the house would fit in with the area.
On a motion made by Mr. Shirley to approve the Variance Request #09-18 of A & R Rentals,
and Mr. Cline seconded the motion which was unanimously approved.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #10-18 of A & R
Rentals, submitted by Racey Engineering, PLC, for a 4.1 -foot left side yard variance to a required
50 -foot left side yard setback will result in a 45.9 -foot left side yard setback, and a 61.5 -foot right
side yard variance to a required 100 -foot right side yard setback will result in a 38.5 -foot right side
yard setback for a single-family dwelling. This property is located 180 feet south of the
intersection of Huttle Road (Route 636) and Reliance Road (Route 627) and is identified with
Property Identification Number 91C (1)-13A in the Opequon Magisterial District.
Mr. Cheran came forward to present the Variance Request #10-18 of A & R Rentals. Staff
presented a zoning map and a house location plat which was provided by Racey Engineering, PLC.
Again, this parcel was created in the 1940. In 1967 Frederick County adopted zoning, and this
parcel was zoned A-2 Agricultural General. The property setback lines at the adoption of the
zoning ordinance were 35 -feet for the front, 15 -feet for the side yards and 50 -feet to the rear. In
1989 this parcel changed from A-2 Zoning District to RA (Rural Areas) because the ordinance was
amended. On February 28, 2007 the Board of Supervisors changed the setbacks for the RA (Rural
Areas) Zoning District. Today the setback for this property are 60 -feet to the front, 100 -feet to the
rear, and 50 -feet to both sides.
Mr. Cheran noted, since this parcel does not have Building Restriction Line (BRL) assigned to it,
the Applicant would need to follow the current RA (Rural Areas) Zoning District setback. The
Applicant could not meet the current setback in the RA (Rural Areas) Zoning District for a single-
family dwelling.
Staff reiterated The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2.
Mr. Cheran stated the Applicant meets the requirements of the Codes and this variance request is
justified.
1753 Frederick County Board of Zoning Appeals
Chairman Lowman opened floor for questions for Mr. Cheran. No, questions presented.
Darrin Richards representing the Applicant had nothing more to add to the presentation.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
Comment/Discussion
None
On a motion made by Mr. Shenk to approve the Variance Request #10-18 of A & R Rentals, and
Mr. Rinker seconded the motion which was unanimously approved.
Mr. Cline made a motion to adjourn the meeting at 3:45 p.m. and Mr. Shenk seconded the
motion. 0
Eric Lowman, Chairman
Pamala Deeter, Secretary
1754 Frederick County Board of Zoning Appeals