BZA 07-21-20 Meeting MinutesMEETING 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.
1787 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.
1788 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
1789 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. ?L
Eri Lowman, ClTqirman
lc�
Pamala Deeter, Secretary
1790 Frederick County Board Zoning Appeals July 21, 2020