BZA 09-17-19 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
September 17, 2019
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of June 18, 2019
PUBLIC HEARING
3) Variance Request #08-19 of CMH Homes Inc., submitted for a 33.2-foot left side yard
variance to a required 50-foot left side yard setback which will result in a 16.8-foot left side
yard setback, and a 28.8-foot right side yard variance to a required 50-foot right side yard
setback which will result in a 21.2-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.
Other
Adjourn
MINUTES FOR
THE
JUNE 18, 2019
BZA MEETING
Frederick County Board of Zoning Appeals 1773
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 June 18, 2019.
PRESENT: 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: Eric Lowman, Chairman, Red Bud District and 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 Active-Chairman Rinker at 3:30 p.m. and he determined there
is a quorum.
Active-Chairman Rinker led the Pledge of Allegiance.
Active-Chairman Rinker asked if there are any applications for July. Mr. Cheran stated no, the
cut-off is Friday.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the May 21, 2019
meeting were unanimously approved as presented.
PUBLIC HEARING
Active-Chairman Rinker read the request for 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.
Frederick County Board of Zoning Appeals 1774
Mr. Cheran came forward to present the Staff report. Mr. Cheran mentioned that the setback
information was transposed. Southeastern Container is requesting an 18-foot rear yard variance
to a required 25-foot rear yard setback which will result in a 7-foot rear yard setback for a rail car
unloading facility. Mr. Cheran stated the reason Southeastern is requesting a variance in the rear
is because of the CSX tracks. Staff presented a location map and a sketch plan of the layout of
the existing facility. The rail car unloading facility has a roof and the sides are open. The new
proposed facility will look similar to the old facility.
Mr. Cheran mentioned that the property is 23-acres in size and current zoning is M1. Staff stated
the current setbacks for the M1 Zoning District is 75-feet for the front, 25-feet for the side yards
and 25-feet for the rear. The Applicant is seeking a variance due to the limited space to build an
unloading car facility because of the CSX tracks. Mr. Cheran noted that the Applicant will still
meet the road requirement for the Frederick County Fire Marshall.
Mr. Cheran read The Code of Virginia 15.2-2309 (2) and the Code of Frederick 165-1001.2. The
Applicant has met the criteria for a variance.
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.
Staff mentioned that the CSX tracks and the road width for the Frederick County Fire Department
should be considered.
Mr. Tim Stowe representing Southeastern Container came forward. The Plant Manager Mr. Bill
Buck and Whit Wagner the property owner, were also present. Mr. Stowe stated Southeastern
Container makes plastic bottles for Coke. The demand for Coke bottles has increased. When that
happens, you need to have additional raw materials available to meet the demand. In the past,
when raw materials were getting low there was a concern to keep up with the demand of the
product.
With the requirements of CSX, the plant was unable to expand. The Applicant started looking for
other options. The only option was to request a variance of setback on the rear yard. Mr. Stowe
explained the process of removing the raw materials which come in on rail cars. When removing
the raw materials from the cars, there is a steel vacuum that transports the materials to the plant
which are then put into silos until the product is needed.
Frederick County Board of Zoning Appeals 1775
Mr. Stowe has met with the adjoining property owner Mr. Slaughter. Mr. Stowe acknowledged
there is a drainage pattern. Southeastern Container doesn’t want to disrupt the pattern so that
water would back up on the adjoining property. This draining issue will be addressed in the design
plan.
Questions
Mr. Shirley posed a question, if the variance is granted what is the projected years this addition
will keep the plant moving forward?
Mr. Stowe answered, the plant has been there 25 years and has worked with six rail cars and with
an additional six rail cars hopefully anticipate another 25 years. In the design, we have made this
facility to where we could add additional rail cars in the future.
Active-Chairman Rinker asked would Southeastern Container need another variance to add future
rail cars.
Mr. Cheran stated yes.
Active-Chairman Rinker opened the floor to anyone in favor or opposition to come forward.
Mr. Steve Slaughter came forward, he is the adjoining property. Mr. Slaughter stated he was
approached by Mr. Stowe with the design plans. We are in favor of the expansion but there is a
concern about the drainage problem.
Public Hearing Closed
Discussion
Mr. Madagan inquired about the concern of the drainage issue.
Mr. Stowe yes that will be addressed.
On a motion made by Mr. Cline to approve as presented Variance Request #07-19 of Southeastern
Container and seconded by Mr. Shenk, it was unanimously approved.
Mr. Cline made a motion to adjourn the meeting at 3:45 p.m.
__________________________
Dudley Rinker, Active-Chairman
____________________
Pamala Deeter, Secretary
VARIANCE REQUEST #08-19
OF
CMH HOMES, INC.
VARIANCE APPLICATION #08-19
CMH HOMES INC.
Staff Report for the Board of Zoning Appeals
Prepared: September 5, 2019
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 ZONIN G APPEALS HEARING DATE:
September 17, 2019
Public Hearing; Action Pending
LOCATION: The property is located at 1128 Cedar Grove Road, Winchester , Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-121
PROPERTY ZONING & USE: Zoned: RA
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 33.2-foot left side yard variance to a
required 50-foot left side setback resulting in a 16.8-foot left side setback, and a 28.8-foot right side yard
variance to a required 50-foot right side setback resulting in a 21.2-foot right side setback.
REASON FOR VARIANCE: The property cannot meet current setbacks due to size and acreage of the
adjoining properties.
STAFF COMMENTS: This property was created in 1960 as shown on the deed. Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A2
(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 A2 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
Variance #08-19 – CMH Homes, Inc.
Page 2
September 5, 2019
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.
This property was granted a Variance (#12-18) which resulted in a 21.3-foot left side setback, from the
required 50-foot setback; and a 21.3-foot right side setback from the required 50-foot setback. This new
request would allow for a larger building footprint.
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 33.2-foot left side yard variance
to a required 50-foot left side setback resulting in a 16.8-foot left side setback, and a 28.8-foot right
side yard variance to a required 50-foot right side setback resulting in a 21.2- foot right side 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 50-feet. The Applicant will be removing the existing trailer as noted o n the plat.
STAFF CONCLUSIONS FOR THE SEPTEMBER 17, 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.
31 A 121
1101CEDARGROVE RD
1084CEDARGROVE RD
1078CEDARGROVE RD1114CEDARGROVE RD
130GRABER LN
1138CEDARGROVE RD
1137CEDARGROVE RD
1148CEDARGROVE RD
240LITTLEMTN CH RD
C E D A R G R O V E R D
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 26, 2019
C E D A R G R O V E R D
S A I N T C L A I R R D
B A B B S M O U N T A I N R D
S I G N A L R I D G E L N
OLD BALTIMORE RD
LAKE SERENE DR
G R A B E R L N
0 70 14035 Feet
VAR #08-19
VAR # 08 - 19: CMH Homes, Inc.PIN: 31 - A - 12133.2' Left Side Yard Variance and 28.8' Right Side Yard VarianceZoning Map