BZA 06-18-19 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
June 18, 2019
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of May 21, 2019
PUBLIC HEARING
3) Variance Request #07-19 of Southeastern Container, submitted by Tim Stowe, for a 7-
foot rear yard variance to a required 25-foot rear yard setback which will result in an 18
-foot rear yard setback for a rail car unloading facility. This property is located at 265
Brooke Road (Route 1320) in the Fort Collier Industrial Park, Winchester, Virginia and is
identified with Property Identification Number 54-A-36I in the Stonewall Magisterial
District.
Other
Adjourn
MINUTES FOR
THE
MAY 21, 2019
BZA MEETING
Frederick County Board of Zoning Appeals 1769
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 May 21, 2019.
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; 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 May. Mr. Cheran stated no, the cutoff
is Friday.
On a motion made by Mr. Cline and seconded by Vice-Chairman Scott, the minutes for the April
16, 2019 meeting were unanimously approved as presented.
PUBLIC HEARING
Mr. Shenk stated he needed to recluse himself from the public hearing of the two Variances due
to business relationship with Applicant.
Chairman Lowman read the request for Variance Request #05-19 of Willamag, LLC., submitted
by Michael Artz, for a 29.3-foot rear yard variance to a required 100-foot rear yard setback which
will result in a 70.7-foot rear yard setback for a dwelling, and a 42.7-foot rear yard variance to a
required 100-foot rear yard setback will result in a 57.3-foot rear yard for a deck, and a 7.4-foot
right side yard variance to a required 50-foot right side yard setback which will result in a 42.6-
foot right side yard setback for a dwelling, This property is located on the east side of Collinsville
Frederick County Board of Zoning Appeals 1770
Road (Route 693) and north of intersection with Nelsons Chapel Lane (Route 745) Winchester,
Virginia and is identified with Property Identification Number 12-A-15 in the Gainesboro
Magisterial District.
Mr. Cheran came forward to present the Staff report. Mr. Cheran presented a location map as well
as a house location drawing. Mr. Artz did include with his location drawing a future deck on the
house. This will eliminate the Applicant from coming back and asking for a variance for a deck.
Mr. Cheran stated this parcel is 1.0057 acres in size and is zoned RA (Rural Areas) Zoning
District. The vacant parcel cannot meet today’s setbacks because the property is so small to
place a dwelling. The property owner will also need a drain field.
Mr. Cheran continued, by saying in 1967 Frederick County adopted zoning. According to the
historical maps, this parcel was zoned A-2 (Agricultural General) in 1967. The setbacks at that
time was 35-feet for the front, 15-feet for the side yards and 50-feet for the rear yard. The
Ordinance was amended in 1989. The A-2 Zoning District changed to the current RA (Rural
Areas) Zoning District. Mr. Cheran stated that February 28, 2007, the Board of Supervisors
amended the setbacks for the RA Zoning District. The setbacks for this property are 60-feet to
the front, 50-feet to the rear, and 50-feet to both sides.
Mr. Cheran reiterated what the Applicant is requesting.
In conclusion Mr. Cheran read 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 stated the Applicant does meet the criteria
Mr. Michael Artz, representing the Willamag, LLC., came forward. Mr. Artz noted that on the
house location there is a drain field location. Mr. Artz clarified why the house was moved
further toward the side yard. The dwelling must be a 20-foot buffer from the drain field.
Frederick County Board of Zoning Appeals 1771
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Rinker to approve Variance Request #05-19 of Willamag, LLC., as
presented and seconded by Vice-Chairman Scott, it was unanimously approved.
PUBLIC HEARING
Chairman Lowman read the request for Variance Request #06-19 of Willamag, LLC., submitted
by Michael Artz, for a 27.4-foot rear yard variance to a required 100-foot rear yard setback which
will result in a 72.6-foot rear yard setback for a dwelling, and a 41.2-foot rear yard variance to a
required 100-foot rear yard setback which will result in a 58.8-foot rear yard setback for a deck.
This property is located on the east side of Collinsville Road (Route 693) and north of intersection
with Nelsons Chapel Lane (Route 745) Winchester, Virginia and is identified with Property
Identification Number 12-A-18A in the Gainesboro Magisterial District.
Mr. Cheran came forward to present the Staff report. Staff showed the location map and a house
location drawing. Mr. Cheran mentioned that the drawing has a proposed dwelling, a deck and a
proposed drain field.
Mr. Cheran mentioned that this property is right beside the previous Variance #05-19. This one-
acre property is zoned RA today and is vacant.
Staff noted that this parcel was zoned A-2 (Agricultural General) in 1967. The County adopted
zoning in 1967. At that time, the setbacks for this property was 35-feet for the front,15-feet for
the side yards and 50-feet for the rear yard. The A-2 District was changed to RA (Rural Areas)
District in 1989. On February 28, 2007, the Board of Supervisors changed the setback for RA
District to 60-feet to the front, 50-feet to the rear, and 50-feet to both sides.
Next Mr. Cheran recapped what the Applicant requested as far as setbacks.
Staff concluded by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2,
states 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.
Frederick County Board of Zoning Appeals 1772
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 the Applicant does meet the criteria for a variance.
Mr. Michael Artz, representing the Willamag, LLC., came forward. Mr. Artz noted that he
nothing more to add to Mr. Cheran’s presentation. Mr. Michael Artz mentioned if there were any
questions he would be happy to answer them.
Public Hearing Closed
Discussion/No Discussion
On a motion made by Vice-Chairman Scott to approve Variance Request #06-19 of Willamag,
LLC., as presented and seconded by Mr. Madagan, it was unanimously approved.
Other Information
Mr. Cheran gave an update on High View One, LLC. Variance that was before the Board in
2004 and 2005.
Mr. Cline made a motion to adjourn the meeting at 3:50 p.m. and Vice-Chairman Scott seconded
the motion.
____________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
VARIANCE REQUEST #07-19
OF
SOUTHEEASTERN CONTAINER
VARIANCE APPLICATION #07-19
SOUTHEASTERN CONTAINER
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2019
Staff Contact: Mark R. 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:
June 18, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 265 Brooke Road (Route 1320) Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-36I
PROPERTY ZONING & USE: Zoned: M1 (Light Industrial District)
Land Use: Manufacturing
ADJOINING PROPERTY ZONING & USE:
North: M1 (Light Industrial) Use: Manufacturing Use
South: M1 (Light Industrial) Use: Vacant
East: M1 (Light Industrial) Use: Manufacturing
West: B2 (General Business) Use: Retail
B3(Business Transition)
VARIANCE REQUESTED: The Applicant is requesting a 7-foot rear yard variance to a required
25-foot rear yard setback resulting in an 18-foot rear yard setback for a rail car unloading facility.
REASON FOR VARIANCE: The property has a 25-foot rear yard setback and can not meet the
setback for the construction of a rail car facility.
Variance #07-19 –Southeastern Container
Page 2
June 7, 2019
STAFF COMMENTS: The property is 23+/- acres in size and currently zoned M1 with a
manufacturing facility located on the property. Building setback lines for the M1 Zoning District
are: 35-feet for the front, 25-feet for the side yards and 25-feet for the rear yard. The Applicant is
seeking 7- foot rear yard variance for the construction of a rail car unloading facility. The variance is
needed due to the limited space of the property as related to the CSX track geometry standards for
unloading of rail cars and still meet the perimeter road required by the County Fire Marshall. This
variance, if granted, would result in a 18-foot rear yard variance. This variance would resolve the
issues associated with the construction of the rail car unloading faculty on this property without
causing any detriment to neighboring properties.
STAFF CONCLUSIONS FOR THE JUNE 18, 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 rear setbacks of the M1 Zoning District may be justified.
FORT COLLIERINDUSTRIAL PARKSubdivision
HUNTER M.STINE ESTATESSubdivision
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VAR #07-19
VAR # 07 - 19: Southeastern ContainerPIN: 54 - A - 36IRear Yard VarianceLocation Map