BZA 04-16-19 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
April 16, 2019
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of December 18, 2018
3) Election of Officers, Adoption of Bylaws and Meeting Schedule
PUBLIC HEARING
4) Variance Request #01-19 of Diane Hyman and David Hyman, submitted for a 15.2-foot left
side yard variance to a required 50-foot left side yard setback will result in a 34.8-foot left side
yard setback for a sunroom. This property is located at 484 Germany Road, Winchester and is
identified with Property Identification Number 73 -A-48A in the Back Creek Magisterial
District.
5) Variance Request #02-19 of Carl Fertig and Joanna Fertig, submitted for a 26.1-foot
right side yard variance to a required 26.1-foot right side yard setback will result in a 23.9-foot
right side yard setback for the attached garage. This property is located at 385 Burnt Factory
Road, Stephenson and is identified with Property Identification Number 56 -A-1-A5 in the
Stonewall Magisterial District.
6) Variance Request #03-19 of Armin Wessel and Renee Wessel, submitted by Don Packard,
Jr., for a 22-foot left side yard variance to a required 50-foot left side yard setback will result in
a 28-foot left side yard setback for the attached garage. This property is located at 562 Lake
Serene Drive, Winchester and is identified with Property Identification Number 31B -1-8 in the
Gainesboro Magisterial District.
7) Variance Request #04-19 of William Stewart, submitted for a 16-foot right side yard variance
to a required 50-foot right side yard setback will result in a 34-foot right side yard setback for a
proposed addition. This property is located at 2088 Brucetown Road, Clear Brook and is
identified with Property Identification Number 34-A-38 in the Stonewall Magisterial District.
Other
Adjourn
MINUTES FOR
THE
DECEMBER 18, 2018
BZA MEETING
DRAFT
Frederick County Board of Zoning Appeals 1758
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 18, 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.
Chairman Lowman asked if there are any applications for January. Mr. Cheran stated no, but the
cut-off date is December 21, 2018.
On a motion made by Mr. Rinker and seconded by Mr. Madagan, the minutes for the July 17,
2018 meeting were unanimously approved as presented.
Chairman Lowman inquired if a vote was needed for the proposed bylaws. Mr. Cheran said the
bylaws was included in agenda for the board members to review. Mr. Cheran stated that the
adoption of the bylaws will be voted upon the first meeting in 2019.
PUBLIC HEARING
Chairman Lowman read the request of the Applicant for a Variance Request #12-18 of CMH
Homes Inc. submitted for a 28.7-foot left side yard variance to a required 50-foot left side yard
setback will result in a 21.3-foot left side yard setback, and a 28.7-foot right side yard variance to
DRAFT
Frederick County Board of Zoning Appeals 1759
a required 50-foot right side yard setback will result in a 21.3-foot right side yard setback for a
single-family dwelling. This property is located at 1128 Cedar Grove Road and is identified with
Property Identification Number 31-A-121 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning
District and the land use is residential. The adjoining properties are RA and also residential in
land use. Staff presented a map which is showing a trailer on the property.
Due to the size and acreage of the adjoining properties the Applicant cannot meet the current
setbacks. This parcel was created in 1960 and in 1967 the County adopted zoning. In 1967 the
parcel was zoned A2 (Agricultural General), and the setbacks were 35-feet for the front and 15-
feet for the side yards and 50-feet to the rear. The A2 Zoning District was changed to the RA
(Rural Areas) in 1989 when the County amended Ordinance. Then on February 28, 2007 the Board
of Supervisors changed the setbacks for the RA Zoning District. Upon the change the setbacks for
this parcel is 60-feet to the front, 50-feet to the rear and 50-feet to both sides.
Mr. Cheran noted that the property was created in 1960 and no building restriction lines were
indicated on the plat, so the Applicant would have to follow today setbacks.
Mr. Cheran reiterated what the Applicant is requesting as far as setbacks. If variance granted, the
new single dwelling will meet today’s current front setback of 60 -feet and the rear setback of 50-
feet. Also, the trailer will be removed per the Applicant.
Mr. Cheran conclude by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County
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 parcels in that area are small and the variance appears to be consistent
with the character of the District; and the variance meets the intent of State Code and County Code.
This request from the current setback of the RA Zoning District may be justified.
Chairman Lowman opened floor for questions for Mr. Cheran.
DRAFT
Frederick County Board of Zoning Appeals 1760
Chairman Lowman opened the floor to the Applicant.
Ms. Teresa Kite, representative of CMH Homes, came forward and stated that she had nothing to
really to add to the presentation. Ms. Kite mentioned the company is working with the County, so
they can move forward with the single-family dwelling on property. Ms. Kite noted that the house
cannot be turned another way on the property because of the well and septic system.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
No discussion
On a motion made by Mr. Shenk to approve the Variance Request #12-18 of CMH Homes, Inc.
and Mr. Scott seconded the motion which was unanimously approved.
Mr. Cheran gave the update on the two tower cases that went to court.
Vice-Chairman Scott made a motion to adjourn the meeting at 3:45 p.m. and Mr. Madagan
seconded the motion.
____________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
ELECTION OF OFFICERS
ADOPTION OF BY-LAWS
MEETING SCHEDULE
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: April 8, 2019
________________________________________________________________________
ELECTION OF OFFICERS FOR 2019
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 2019
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 2019
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
BOARD OF ZONING APPEALS
CUT-OFF DATES FOR 2019
BZA MEETING
DATE
SUBMITTAL
CUT-OFF DATE
LEGAL AD TO
PAPER
MAIL AGENDA
01/15/19
12/21/18
12/28/18*
01/08/19
02/19/19
01/18/19
02/01/19
02/12/19
03/19/19
02/22/19
03/01/19
03/12/19
04/16/19
03/22/19
03/29/19
04/09/19
05/21/19
04/19/19
05/02/19 *
05/14/19
06/18/19
05/24/19
05/31/19
06/11/19
07/16/19
06/21/19
06/28/19
07/09/19
08/20/19
07/19/19
08/02/19
08/13/19
09/17/19
08/23/19
08/30/19
09/10/19
10/15/19
09/20/19
09/27/19
10/08/19
11/19/19
10/18/19
11/01/19
11/12/19
12/17/19
11/22/19
11/26/19 *
12/10/19
01/21/20 12/20/19 12/28/19 01/14/20
*Changed due to holiday schedule.
- 1 -
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed for Adoption April 16, 2019)
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
- 2 -
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
- 3 -
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
- 4 -
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
- 5 -
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 #01-19
OF
DIANE HYMAN AND DAVID HYMAN
VARIANCE APPLICATION #01-19
DIANE HYMAN AND DAVID HYMAN
Staff Report for the Board of Zoning Appeals
Prepared: April 4, 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:
April 16, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 484 Germany Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-A-48A
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Orchard
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Orchard
West: RA (Rural Areas) Use: Orchard
VARIANCE REQUESTED: The Applicant is requesting a 15.2-foot left side yard variance to a
required 50-foot left side setback resulting in a 34.8-foot left side setback to allow for the
construction of an enclosed deck.
REASON FOR VARIANCE: The property cannot meet current setbacks due to size and acreage of
the adjoining properties.
STAFF COMMENTS: The property was created in 1998; the setbacks in the RA (Rural Areas)
District are 60-feet for the front, 50-feet for the left side yard, 100-feet for the right side yard and
100-feet for the rear yard.
Variance #01-19 – Diane Hyman and David Hyman
Page 2
April 4, 2019
The Applicant is requesting a variance of 15.2-feet on the left side yard from the current 50-foot
setback resulting in a 34.8-foot setback. This variance, if granted, would allow the construction of an
enclosed deck that is 34.8 feet from the left side yard.
STAFF CONCLUSIONS FOR THE APRIL 16, 2019 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.
73 A 48A
950CARTERS LN
950CARTERS LN
535GERMANY RD
502GERMANY RD
GER
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Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 20, 2019
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0 125 25062.5 Feet
VAR #01-19
VAR # 01 - 19: Diane and David HymanPIN: 73 - A - 48A15.2' Left Side Yard VarianceZoning Map
VARIANCE REQUEST #02-19
OF
CARL FERTIG AND JOANNA FERTIG
VARIANCE APPLICATION #02-19
CARL FERTIG AND JOANNA FERTIG
Staff Report for the Board of Zoning Appeals
Prepared: April 4, 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:
April 16, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 385 Burnt Factory Road, Stephenson, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 56-A-1-A5
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 26.1-foot right side yard variance to a
required 50-foot right side setback resulting in a 23.9-foot right side setback to allow for the
alleviation of a setback violation resulting from a detached garage being attached to the primary
dwelling via a breezeway.
REASON FOR VARIANCE: The subject property currently has setback and building permit
violations resulting from a detached garage being attached to the primary dwelling via a breezeway.
The Fredrick County Zoning Ordinance requires RA (Rural Areas) zoned properties have a 50-foot
right side setback from adjoining properties of 6-acres or less. The Applicant has constructed an
attached garage that is in violation of the 50-foot right side setback.
Variance #02-19 – Carl Fertig and Joanna Fertig
Page 2
April 4, 2019
STAFF COMMENTS: The Applicant applied for a building permit on October 11, 2017 for a
detached garage. The Applicant’s building permit (#2067-2017), specified the following setbacks:
Front 60-feet, Right 23-feet, Left 108-feet, and Rear 99-feet. Setbacks for detached structures in the
RA Zoning District are 15-feet side and rear, 60-feet from state road, and 45-feet from a private
Right-of-Way. Staff received a complaint that the Applicant added a breezeway to connect the
garage to the primary dwelling. The original dwelling appears to be in compliance; the garage
addition does not comply with setbacks due to the addition of a breezeway which makes the garage
attached to the primary dwelling instead of detached.
This application for a variance does not meet the requirements as set forth by The Code of Virginia
15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements of the RA
Zoning District do not produce an unreasonable restriction on the property. The Applicant should
have applied for a variance prior to constructing the breezeway that connected the garage to the
dwelling. Therefore, Staff would recommend denial of this variance application, as the violation of
the setback requirements was self-inflicted.
STAFF CONCLUSIONS FOR THE APRIL 16, 2019 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.
The Applicant is seeking a 26.1-foot right side yard variance. Should this variance be granted, the
building setbacks for this property would be 60-feet in the front, 50-feet in the rear, 50-feet on the
left side, and would change to 23.9-feet on the right side. It appears that this variance does not meet
the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of
Variance #02-19 – Carl Fertig and Joanna Fertig
Page 3
April 4, 2019
the RA Zoning District may not be justified. Staff would recommend denial of this variance
application, as the violation of the setback requirements was self-inflicted. The strict application of
the Frederick County Zoning Ordinance did not produce an unreasonable restriction on the property
as required by the Code of Virginia 15.2-2309 (2).
56A 1 A 5
233BURNTFACTORY RD
380BURNTFACTORY RD
425PINE RD
473PINE RD
395BURNTFACTORY RD
405BURNTFACTORY RD
423BURNTFACTORY RD
BURN
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Application
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Future Rt 37 Bypass µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 20, 2019
PINE
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0 100 20050 Feet
VAR #02-19
VAR # 02 - 19: Carl and Joanna FertigPIN: 56A - 1 - A - 526.1' Right Side Yard VarianceZoning Map
VARIANCE REQUEST #03-19
OF
ARMIN WESSEL AND RENEE WESSEL
VARIANCE APPLICATION #03-19
ARMIN WESSEL AND RENEE WESSEL
Staff Report for the Board of Zoning Appeals
Prepared: April 4, 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:
April 16, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 562 Lake Serene Drive, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31B-1-8
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Lake
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 22-foot left side yard variance to a
required 50-foot left side setback resulting in a 28-foot left side setback to allow for the addition of
an attached garage.
REASON FOR VARIANCE: The property is .66 +/- acres in size and cannot meet the current RA
(Rural Areas) setback requirements due to the size of the property.
STAFF COMMENTS: 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, 15-feet for the side
Variance #03-19 – Armin Wessel and Renee Wessel
Page 2
April 4, 2019
yards and 50-feet for the rear yard. 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, 50-feet to the rear, and 50-feet to both sides.
The Applicant is requesting a variance of 22.0-feet on the left side yard from the current 50-foot
setback side requirement of the RA Zoning District, to allow for the construction of an attached
garage. This property is not located in a flood zone. This variance, if granted, would result in a 28-
foot left side yard variance.
STAFF CONCLUSIONS FOR THE APRIL 16, 2019 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.
.
31B 1 8
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Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 25, 2019
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VAR #03-19
VAR # 03 - 19: Armin and Renee WesselPIN: 31B - 1 - 8Left Side Yard VarianceZoning Map
VARIANCE REQUEST #04-19
OF
WILLIAM STEWART
VARIANCE APPLICATION #04-19
WILLIAM STEWART
Staff Report for the Board of Zoning Appeals
Prepared: April 4, 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:
April 16, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 2088 Brucetown Road, Clearbrook, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 34-A-38
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
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 16-foot right side yard variance to a
required 50-foot right side setback resulting in a 34-foot right side setback to allow for the
construction of an addition to an existing dwelling.
REASON FOR VARIANCE: The property is 0.78+/- acres in size and cannot meet the current RA
(Rural Areas) Zoning District setback requirements due to size of the property.
Variance #04-19 – William Stewart
Page 2
April 4, 2019
STAFF COMMENTS: This property was created in 1992 and does not have Building Restriction
Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas) setbacks. Current
setbacks for the property are 60-feet for the front, 50-feet for the sides and 50-feet for the rear.
The Applicant is requesting a variance of 16-feet on the right-side yard from the current 50-foot
setback resulting in a 34-foot right side yard setback. This variance if granted, would allow the
construction of an addition to the existing dwelling built in 1910 that would be 34 feet from the right
property line.
STAFF CONCLUSIONS FOR THE APRIL 16, 2019 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.
34 A 38
2028BRUCETOWN RD
157COUNTRY LN
2110BRUCETOWN RD
117COUNTRY LN
2054BRUCETOWN RD
116COUNTRY LN
2048BRUCETOWN RD
2103BRUCETOWN RD
2019BRUCETOWN RD
2019BRUCETOWN RD
2083BRUCETOWN RD
2073BRUCETOWN RD
2055BRUCETOWN RD
2047BRUCETOWN RD
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Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 25, 2019
Clear Brook
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0 80 16040 Feet
VAR #04-19
VAR # 04 - 19: William StewartPIN: 34 - A - 38Right Side Yard VarianceZoning Map