BZA 08-18-20 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of July 21, 2020
4.Public Hearings
4.A.Variance Request #08-20 of John Bowman and Linda Bowman
Submitted for a 7-foot rear yard variance to a required 15-foot rear yard setback which
will result in an 8-foot rear yard setback, for a porch. This property is located at 144
Osprey Drive, Lake Frederick, Virginia and it identified with Property Identification
Number 87B-1-3-56 in the Opequon Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, AUGUST 18, 2020
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA08-18-20MeetingMinutesJuly21.pdf
BZA08-18-20VAR08-20.pdf
1
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 18, 2020
Agenda Section: Meeting Minutes
Title: Minutes of July 21, 2020
Attachments:
BZA08-18-20MeetingMinutesJuly21.pdf
2
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1787 Frederick County Board Zoning Appeals July 21, 2020
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 July 21, 2020.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman Shawnee
District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District, John
Cline, Stonewall District and Ronald Madagan Member at Large.
ABSENT: Dwight Shenk, Gainesboro 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.
On a motion made by Mr. Cline and seconded by Mr. Scott, the minutes for the May 20, 2020
meeting were unanimously approved as presented.
Chairman Lowman inquired if there are any applications for August. Mr. Cheran replied yes, the
cutoff date is Friday July 24, 2020.
PUBLIC HEARING
Chairman Lowman read the request for Variance Request #06-20 of LLRM, LLC, submitted by
Michael Artz, for a 71.0-foot left side yard variance to a required 100-foot left side yard setback
will result in a 29-foot left side yard setback, a 21.0-foot right side yard variance to a required 50-
foot right side yard setback will result in a 29-foot right side yard setback for a single-family
dwelling. This property is located at (Route 448) Reliance Road, Middletown, and is identified
with Property Identification Number 41-A-110 in the Opequon Magisterial District.
Mr. Cheran came forward to present the staff report. Staff clarified that the property is behind 448
Reliance Road. Mr. Cheran presented a map outlining the property and showing the narrowness
of the parcel which is why they can’t meet today’s setbacks. Mr. Cheran stated that this property
and the adjoining property are zoned Rural Areas (RA). Staff gave background that the parcel was
created in 1964 according to the deed with no Building Restriction Lines assigned to it.
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1788 Frederick County Board Zoning Appeals July 21, 2020
Mr. Cheran mentioned that in 1972 Frederick County historical maps shows this parcel as A-2
(Agricultural General) zoning. When Frederick County adopted the Zoning Ordinance, the
setbacks were 35-feet for the front, 15-feet for the side yards and 50-feet for the rear yard. In 1989
the Ordinance was amended, and the zoning changed from A-2 to RA Zoning District. Mr. Cheran
stated that in 2007 the Board of Supervisors amended the setbacks for the RA Zoning District.
Making the current setbacks today 60-feet to the front, 100-feet to the rear, 50-feet to the right side
and 100-feet to the left side.
Staff reiterated the Applicant’s request for variance of setbacks.
Mr. Cheran concluded, by reading The Code of Virginia 15.2-2309 (2) and the 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. Michael Artz representing the Applicant came forward. Mr. Artz stated the Applicant can
meet the front and rear setback. On the proposed house plat, the placement of the house shouldn’t
impact the left or right-side adjoining properties. Mr. Artz’s stated the parcel to the left has
approximately 9 acres to the right which is a wooded property.
Mr. Madigan asked will the Applicant be sharing a driveway with the Cape Cod house. Mr. Artz
replied yes.
Mr. Shirley asked will the Applicant be able to get a drainfield and well on the property due to the
topography. Mr. Artz explained that where the proposed well and drainfield are on the house
location map has been looked at by Mr. Carl Evans.
Chairman Lowman opened the floor to anyone in favor or in opposition of the application.
No one came forward.
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1789 Frederick County Board Zoning Appeals July 21, 2020
Public Hearing Closed
Discussion/Comments
On a motion made by Mr. Shirley to approve as presented, Variance Request #06-20 Michael Artz
(LLRM, LLC) and was seconded by Mr. Rinker and it was unanimously approved.
Public Hearing
Chairman Lowman read the request for Variance Request #07-20 of Dennis Collins, submitted
for a 5.5-foot rear yard variance to a required 25-foot rear yard setback which will result in a 19.5-
foot rear yard setback, for a covered deck. This property is located at Senseny Road (Route 657),
proceed to Foxbury Lane (Windsor Hill Estates), and then to Abbey Road and is identified with
Property Identification Number 54H-3-8 in the Redbud Magisterial District.
Mr. Cheran came forward to present the staff report. Staff noted this parcel is located at 109 Abbey
Road in the Windsor Hill Estates Subdivision and zoning is Residential Performance (RP). The
adjoining properties are RP. This property was created in 1990 and the subdivision was approved
under the single-family detached cluster lot requirement with the setback at that time being 35’
front, 10’ side, and 25’rear. In 2012, the Zoning Ordinance was amended, and this changed the
housing types permitted in the RP District. When the housing type changed, the setback changed
to 25-feet front, 8-feet sides and 20-feet rear yard for single-family detached cluster. Mr. Cheran
explained, the Applicant did purchase the house with a deck and that met the setback requirements.
In order for the Applicant to roof the deck, he could not meet the setback requirements.
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
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1790 Frederick County Board Zoning Appeals July 21, 2020
exception or the process for modification of a zoning ordinance.
The Applicant, Dennis Collins came forward. Mr. Collins stated he had a letter from the HOA
approving the design of the roof.
Chairman Lowman inquired if there were any calls on the variance from adjoining property
owners. Staff replied no.
Chairman Lowman opened the floor to anyone in favor or in opposition of the application.
No one came forward.
Public Hearing Closed
Discussion/Comments
Mr. Madigan mentioned that the house is secluded once you get to the home. No one would even
see the covered deck.
On a motion made by Vice-Chairman Scott to approve as presented, Variance Request #07-20 of
Dennis Collins and was seconded by Mr. Madagin and it was unanimously approved.
Mr. Cline made a motion to adjourn the meeting at 3:55 p.m. and Vice-Chairman Scott seconded
the motion.
____________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 18, 2020
Agenda Section: Public Hearings
Title: Variance Request #08-20 of John Bowman and Linda Bowman
Attachments:
BZA08-18-20VAR08-20.pdf
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VARIANCE APPLICATION #08-20
JOHN BOWMAN AND LINDA BOWMAN
Staff Report for the Board of Zoning Appeals
Prepared: August 6, 2020
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:
August 18, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 144 Osprey Drive, Lake Frederick, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-1-3-56
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
East: R5 (Residential Recreational Community) Use: Open Space
West: R5 (Residential Recreational Community) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting 7-foot rear yard variance to a required
15-foot rear yard setback resulting in an 8-foot rear yard setback for a covered porch.
REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch
due to the size of the property and location of the existing dwelling.
STAFF COMMENTS: This property was created in 2006 as a single-family small lot type. The
building setbacks for this lot type are: 25 ft. front, 5 ft. sides and 15 ft. rear. The Applicant is requesting
a variance of 7-feet rear yard variance to a required 15-foot rear yard setback resulting in an 8-foot
rear yard setback to allow for the construction of a covered porch. Cover porch of this housing type
have to meet the rear setback of 15 ft. as they become part of the principal structure. The adjacent
property is an area of open space.
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Variance #08-20 –John and Linda Bowman
Page 2
August 6, 2020
STAFF CONCLUSIONS FOR THE AUGUST 18, 2020 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 R5 (Residential Recreational Community) Zoning District may be
justified.
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87B 1 3 56
140OSPREY DR
142OSPREY DR
146OSPREY DR
134GREBE DR
132GREBE DR
130GREBE DR
205GREBE DR
203GREBE DR
201OSPREY DR
OSPREY DRApplication
Sewer and Water Service A rea
Parcels
R5 (Residential Recr eational Comm unity District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 8, 2020
G R E B E D RRACHEL CARSON DRTURNSTONE LN
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0 50 10025 Feet
VAR #08-20
VAR # 08 - 20: John and Linda BowmanPIN: 87B - 1 - 3 - 56Rear Yard VarianceZoning Map
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87B 1 3 56
140OSPREY DR
142OSPREY DR
146OSPREY DR
134GREBE DR
132GREBE DR
130GREBE DR
205GREBE DR
203GREBE DR
201OSPREY DR
OSPREY DRApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 8, 2020
G R E B E D RRACHEL CARSON DRTURNSTONE LN
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MERGANSER CT
0 50 10025 Feet
VAR #08-20
VAR # 08 - 20: John and Linda BowmanPIN: 87B - 1 - 3 - 56Rear Yard VarianceLocation Map
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APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
OFFICE USE ONLY -
Variance Application # OIR Submittal Deadline 1
Submittal Date -1 -11 d, () For the BZA Meeting of 811
Fee Amount Paid Initials: 0> > Receipt # y 3 3 y 3
Sign Deposit Paid }
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
I . The applicant is the owner V other F1 . (Check one) Please list all owners, occupants (adult
individuals as well as any entities occupying the property), or parties in interest of the property.
2. APPLICANT:
NAME: '+ n c a . 4 w (%a A
ADDRESS: 14 9 Os prey YR.
LaICE FreeJeu'ic y
TELEPHONE: tJ 4 U-- q6 9 106,;,?
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route Numbers):
IN C. 3 40
l.0?,IN q A wig Q/X i CJ e- I GPGL (U-411, W AAAX TU,14% /1.i
A UU JA A 0 XJ ijYr US Dnej,AM k* - « L Le, Crn tie A,t, -rk+
4. The property has a road frontage of 5' 0 feet and a depth of ri _feet and consists of
C, 1 acres (please be exact).
5. The property is owned by SA-, Dav i A BOW"alk as evidenced by deed om
w , Y,w recorded (previous o er) in deed book no. onon page
or instrumentnt nuu ber jo pp c 7 (j of the deed books of the Clerk
7
12
0 0
of the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: [ J ee A u o h
7. Property Identification Number (P.I.N.): 7 B I j
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
NorthS
East 140A CoM&o1Q &q Y V $
South R MeK-hA( 5
West W"IjAc "4 is 11 k'S
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
variance for an attached two -car garage. ")
F' :D4 JAr_4 9 1 /l)1 OZAA aAta,W
12. List specific reason(s) why the variance is being sought in terms of, such as:
0- Exceptional narrowness, shallowness, size or shape of property, or
Exceptional topographic conditions or other extraordinary situation or condition of property, or
The use or development of property immediately adjacent thereto
1 I
mow • .
l ;,• /_ . 0
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r
vu,ovvr Q ? I
V
r
13
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13. Additional comments, if any:
N x i
C- Sllr V crn jofn 'fie
14. The followingnameess and addresse are all of th individuals, firms, ' corporations o ing
property adjacent to the property for which the variance is being sought, including properties at the
sides, rear and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notified by mail of this application:
Name and Property Identification Number Address
Name O
y_ q1LIai
j,, 1 ./ Late E. V cx ;;6 FC-, Property #
r
Name Lti 1 1 O V\ a 1 Ll
Q6' -
D 6 .'
j
C V 93 b 3aProperty # '
a — _.
Name Aerry 134 Cr1eue Of'.' /
llpt O3C`jProperty # —
Name t v CGVW ih^Uh V ioQGF -C—a5
t lsz id e- Property # -- 1 ' C
Name
Property #
Name
Property #
Name
Property #
Name
Property #
we
14
GRAPHIC SCALE
0' 20' 40'
SCALE : 1" = 20'
MER p\PN \
pF
5
OSPREY DRIVE #
p6p0p9A5
30' WIDE 85't TO
GREBE DRIVE
RF N 21'01'02_ "_E 50.00'
TEToURB7 ASPHALT 15' UTILITY
22.6' DRIVEWAY EASEMENT
20' BRL
18. '
EM 20.4
CONCRETE
SIDEWALK
c,.
Z
16.
1'—
J
o STONE WALL
GM 2'0 CONCRETE PATIO
LOT 55 11.4' 0 LOT 57
A TAX MAP °
a i 2.o' 87113- 1
LEGEND -
3 -56 °
o LOT 56 m
j
RF - -REBAR FOUN CCU N 5 ,500 SQ. FT. IBRLBUILDING
RED
STRICTION 2 STORY STONE
LINE i 2' 0 & FRAME j
CCU - CLIMATE CONTROL w DWELLING
UNIT 2
EM - ELECTRIC METER 16. 31.75'
ET - ELECTRIC TRANSFORMER
i
GM - GAS METER i 15' BRL i
URB - UTILITY RISER BOX 191'
CONCRETE & STONE
N
WINDOW WELL
RF S 21'01'02" W 50.00' RF
PARCEL A4
OPEN SPACE
NOTES
1. NO TITLE REPORT FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES AFFECTING THE PROPERTY
REPRESENTED BY THIS SURVEY MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT.
2. THE LOCATIONS OF UNDERGROUND UTILITIES OR OTHER SUBSURFACE IMPROVEMENTS, IF ANY, WERE NOT
ASCERTAINED; THEREFORE, ARE NOT SHOWN.
3. ACCORDING TO FEMA FLOOD INSURANCE RATE MAP NO. 51069CO35OD, DATED 2 SEPTEMBER 2009, THE
LANDS SHOWN ON THIS PLAT ARE WITHIN AN AREA DESIGNATED AS ZONE X, WHICH IS AN AREA OF MINIMAL
FLOOD HAZARD
4. THE BOUNDARY AND EASEMENT INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ORIENTED TO PLAT
ENTITLED "FINAL PLAT SHENANDOAH - PHASE 1, SECTION 3 ", DATED 25 APRIL 200 AND RECORDED WITH
INSTRUMENT #060009455 AND VERIFIED ALONG WITH THE LOCATIONS OF PHYSICAL IMPROVEMENTS BY A FIELD
RUN SURVEY COMPLETED UNDER MY SUPERVISION ON 29 JUNE 2020.
5. CURRENT OWNERS': JOHN DAVID BOWMAN & LINDA k. BOWMAN - INSTRUMENT #190004705
HOUSE LOCATION SURVEY
OF LOT 56
PHASE 1, SECTION 3
SHENANDOAH
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA on Gilmore
c. No 003040
DRAWN BY: JTG DWG NAME: 11046 -HLS SHEET 1 OF 1
Marsh & Legge Land Surveyors, P.L.C. ENO
560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601
sUR E°
PHONE (540) 667 -0468 FAX (540) 667 -0469
EMAIL office@marshandlegge.com DATE: 06/30/2020
15
0 0
15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show
proposed and /or existing structures on the property, including measurements to all property lines
and to the nearest structure(s) on adjoining properties. Please include any other exhibits,
drawings or photographs with this application.
GRAPHIC SCALE
0' 20' 40'
OSPREY DRIVE
SCALE : 1" = 20'
30' WIDE
RF N 21'01'02" E 50.00'
ET URB ASPHALT
DRIVEWAY
20' BRL
L=Q °
RF - REBAR FOUND CCU Ni
BRL - BUILDING RESTRICTION
LINE °
I N '
0
ICCU - CLIMATE CONTROL 3.0' u!
UNIT 0'r
EM - ELECTRIC METER 15.3
r
ET - ELECTRIC TRANSFORMER °
GM - GAS METER ° 15' BRL
URB - UTILITY RISER BOX ,
OF
60009
85'f TO
GREBE DRIVE
RF
15' UTILITY
EASEMENT
a
20.4' 0 CONCRETE
SIDEWALK
w
o STONE WALL
CONCRETE PATIO
11.4'
TAX MAP
8713- 1 -3 -56
LOT 56
5,500 SO. FT.
2 STORY STONE
FRAME
DWELLING
31.7'
15.3
RF 8.1' 8.2'
PARCEL A4 ERQPOSED S 21'01'02" W 50.00'
OPEN SPACE DU
o LOT 57
o
00
EM
f
z
o ° I GM
2.0'
o
0 0 N
LOT 55
r
2.0'
o°
L=Q °
RF - REBAR FOUND CCU Ni
BRL - BUILDING RESTRICTION
LINE °
I N '
0
ICCU - CLIMATE CONTROL 3.0' u!
UNIT 0'r
EM - ELECTRIC METER 15.3
r
ET - ELECTRIC TRANSFORMER °
GM - GAS METER ° 15' BRL
URB - UTILITY RISER BOX ,
OF
60009
85'f TO
GREBE DRIVE
RF
15' UTILITY
EASEMENT
a
20.4' 0 CONCRETE
SIDEWALK
w
o STONE WALL
CONCRETE PATIO
11.4'
TAX MAP
8713- 1 -3 -56
LOT 56
5,500 SO. FT.
2 STORY STONE
FRAME
DWELLING
31.7'
15.3
RF 8.1' 8.2'
PARCEL A4 ERQPOSED S 21'01'02" W 50.00'
OPEN SPACE DU
o LOT 57
o
00
CC (M gloo n
uoa IT—
CONCRETE & STONE
WINDOW WELL
11.9'
RF
PROPOSED
COVERED
PORCH
16
AGREEMENT
VARIANCE #
Number to be assigned by the Planning Dept.)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County
Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning
Ordinance as described herein. I agree to comply with any conditions for the variance required by
the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property for site
inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at the front
property line at least seven (7) days prior to the BZA public hearing and maintained so as to be
visible from the road or right -of -way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the bes of my
knowledge, true.
SIGNATURE OF APPLICANT
DATE
SIGNATURE OF OWNER
if other than applicant)
DATE
OFFICE USE ONLY -
BZA PUBLIC HEARING OF ACTION:
DATE-
APPROVAL
DENIAL
SIGNED:
BZA CHAIRMAN
DATE:
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