BZA 08-18-20 Meeting MinutesFREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on August 18, 2020.
PRESENT: Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; John
Cline, Stonewall District; Dwight Shenk, Gainesboro District; and Ronald Madagan, Member at
Large.
ABSENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice -Chairman, Shawnee
District.
STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Acting Chairman Shirley at 3:30 p.m. and he determined
there is a quorum.
Acting Chairman Shirley led the Pledge of Allegiance.
On a motion made by Mr. Cline and seconded by Mr. Rinker, the minutes for the July 21, 2020
meeting were unanimously approved as presented.
Acting Chairman Shirley inquired if there are any applications for August. Mr. Cheran replied
no, the cutoff date is Friday August 21, 2020.
PUBLIC HEARING
Acting Chairman Shirley read the request for Variance Request #08-20 of John 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 covered porch. This property is located at 144 Osprey Drive,
Lake Frederick, Virginia and is identified with Property Identification Number 87B-1-3-56 in the
Opequon Magisterial District.
Mr. Cheran came forward to present the staff report. Mr. Cheran presented a map outlining the
property and showing the size of the property and location of the dwelling. Staff stated the property
is located at 144 Osprey Drive in Lake Frederick and the zoning is R5 (Residential Recreation
Community). Mr. Cheran commented that the adjoining properties are R5 and are residential.
Staff mentioned that the rear of the property abuts the open space.
1791 Board of Zoning Appeals August 18, 2020
In 2006 the property was created as a single-family small lot type in the Lake Frederick
Subdivision. Staff gave a brief history of the subdivision. Mr. Cheran stated this housing type
setbacks are 25 ft. front, 5 ft. sides and 15 ft. rear. Staff reiterated the request from the Applicant.
Mr. Cheran stated for a covered porch with this housing type the Applicant has to meet the rear
setback of 15 ft. because the covered porch becomes part of the principal structure. Staff noted
again, to rear of this parcel is open space.
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.
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.
The Applicant, Mrs. Linda Bowman came forward. Mrs. Bowman stated they purchased the house
about 3 years ago. When purchasing the house, they noticed that it didn't have a porch or patio
but didn't see a problem because they noticed that neighbors in community had porches or patios.
We started the process with Frederick County to get the proper setback information and then
realized we have a setback issue.
Mrs. Bowman stated I have reasons for appearing here and asking for the variance.
1. We have family and they come to visit, and we need a porch.
2. She has a medical condition and requires a quiet place to meditate.
Public Comment
Acting Chairman Shirley open the floor to anyone in favor or in opposition of the application.
1792 Board of Zoning Appeals August 18, 2020
No one came forward.
Public HearinIz Closed
Discussion/Comments
Mr. Madigan mentioned, he went to look at the parcel and stated that you wouldn't be able to
notice the porch from the road. Mr. Madigan also stated in the back of property is trees and a
ravine and the neighbors do have porches.
Acting Chairman Shirley concurred with Mr. Madigan comments because he also visited the
property. Acting Chairman Shirley did add one comment that this would be a nice addition to the
house.
On a motion made by Mr. Madigan to approve as presented, Variance Request #08-20 for John
Bowman and Linda Bowman and was seconded by Mr. Shenk and it was unanimously approved.
Mr. Rinker made a motion to adjourn the meeting at 3:50 p.m. and Mr. Cline seconded the motion.
Reginald K.Shirl , III, Acting Chairman
Pamala Deeter, Secretary
1793 Board of Zoning Appeals August 18, 2020