BZA 05-19-20 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
May 19, 2020
3:30 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of September 17, 2019
3) Election of Officers and Adoption of Bylaws
PUBLIC HEARING
4) Variance Request #01-20 of Jim Nichols Construction, submitted for a 40-foot front yard
variance to a required 60-foot front setback which will result in a 20-foot front setback for a
single-family dwelling. This property is located at 402 Brown Lane, Clear Brook, and is
identified with Property Identification Number 33-A-28 in the Stonewall Magisterial District.
5) Variance Request #03-20 of Mark A. Bruns, submitted for a 6-foot left side yard variance to
a required 10-foot left side yard setback which will result in a 4-foot left side yard setback for a
garage. This property is located at 225 Stafford Drive Winchester and is identified with
Property Identification Number 54E-4-B-6 in the Redbud Magisterial District.
6) Variance Request #04-20 of Rocco Falcone Construction, submitted for Jill Smialek for a
30-foot right side yard variance to a required 100-foot right side yard setback which will result
in a 70-foot right side yard setback for a dwelling. This property is located at 361 Bushy Ridge
Drive, Star Tannery and is identified with Property Identification Number 69-2-18 in the Back
Creek Magisterial District.
7) Variance Request #05-20 of Michael and Jill Allen, submitted for a 88-foot rear yard
variance to a required 100-foot rear yard setback which will result in a 12-foot rear yard
setback and submitted for a 23-foot left side yard variance to a required 50-foot left side yard
setback which will result in a 27-foot left side yard setback and a right side yard variance
submitted for a 95-foot right side yard variance to a required 100-foot right side yard setback
which will result in a 5-foot right side yard setback for a dwelling. This property is located
on Route 622, approximately 8 miles southwest on Cedar Creek Grade and is identified with
Property Identification Number 60-A-82 in the Back Creek Magisterial District.
Other
MINUTES FOR
THE
SEPTEMBER 17, 2019
BZA MEETING
1776
Frederick County Board Zoning Appeals
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 September 17, 2019.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee
District; Reginald Shirley, III, Opequon District; Dwight Shenk, Gainesboro District and Ronald
Madagan, Member at Large.
ABSENT: John Cline, Stonewall District and Dudley Rinker, Back Creek 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.
Chairman Lowman asked if there are any applications for October. Mr. Cheran stated no, the cut-
off is Friday.
On a motion made by Mr. Shirley and seconded by Mr. Madagan, the minutes for the June 18,
2019 meeting were unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman read the request for 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.
Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning
District and the land use is residential. The adjoining properties are RA and also residential in
land use. Staff presented a location map and a proposed map of the final house location.
1777
Frederick County Board Zoning Appeals
Due to the size and acreage of the adjoining properties the Applicant cannot meet the current
setbacks. This parcel was created in 1960 and in 1967 the County adopted zoning. In 1967 the
parcel was zoned A2 (Agricultural General), and the setbacks were 35-feet for the front and 15-
feet for the side yards and 50-feet to the rear. The A2 Zoning District was changed to the RA
(Rural Areas) in 1989 when the County amended the Ordinance. Then on February 28, 2007 the
Board of Supervisors changed the setbacks for the RA Zoning District. Upon the change, the
setbacks for this parcel is 60-feet to the front, 50-feet to the rear and 50-feet to both sides.
Staff noted that a variance was granted on this property in December 2018 for a 28.7-foot left side
yard variance to a required 50-foot left side yard setback which will result in a 21.3-foot left side
yard setback, and a 28.7-foot right side yard variance to a required 50-foot right side yard setback
which will result in a 21.3-foot right side yard setback for a single-family dwelling. The reason the
Applicant is before us again is the housing type foot print needs to be a little larger.
Mr. Cheran concluded by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick
County 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 noted that the variance meets the requirements of Frederick County Code and The
State Code of Virginia. This request from the current setback of the RA Zoning District may be
justified.
Staff expressed that if Variance #08-19 was approved that Variance #12-18 approved by the BZA
Board would be voided and not apply to the property.
Chairman Lowman opened the floor for questions for Mr. Cheran.
Mr. Shenk needed some clarification between the location map and the proposed house location
map.
1778
Frederick County Board Zoning Appeals
Chairman Lowman opened the floor to the Applicant.
The Applicant commented that Mr. Cheran covered everything that needed to be said.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Public Hearing Closed
Discussion
Mr. Shenk stated he drove by property and looked at the stakes outlining the footprint of new
structure. This dwelling would not have any encroaching of the adjoining properties.
On a motion made by Mr. Shenk to approve as presented and seconded by Vice-Chairman Scott,
Variance Request #08-19 of CMH Homes, Inc. was unanimously approved.
Other
Mr. Cheran gave an update on the two court cases, Rockwood 72 and Remington 750.
Vice-Chairman Scott made a motion to adjourn the meeting at 3:40 p.m.
___________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
ELECTION OF OFFICERS
MEETING SCHEDULE
ADOPTION OF BY-LAWS
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: May 19, 2020
________________________________________________________________________
ELECTION OF OFFICERS FOR 2020
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice-
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will: open the nominations; accept
nominations; close nominations; and, vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2020
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals has held meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederick
County Administration Building.
BOARD OF ZONING APPEALS BY-LAWS FOR 2020
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
- 1 -
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed for Consideration May 19, 2020)
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
- 2 -
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1Preside at meetings.
4-3-1-2Rule on procedural questions.
4-3-1-3Certify official documents involving the authority of the BZA.
4-3-1-4Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1Assume the full powers of the Chairman in the absence or inability of the chairman
to act.
4-3-3 The Secretary shall:
4-3-3-1Ensure that attendance is recorded at all meetings.
4-3-3-2Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3Notify members of all meetings.
4-3-3-4Prepare agendas for all meetings.
4-3-3-5Maintain files of all official BZA records and reports. Official records and reports
may be purged in accordance with applicable state codes.
4-3-3-6Give notice of all BZA meetings, public hearings.
4-3-3-7Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8Attend to the correspondence necessary for the execution of the duties and functions
of the BZA.
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
- 3 -
ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members
present.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
- 4 -
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall
sign all minutes following approval by the BZA certifying that the minutes are true
and correct. Minutes made available to the public prior to formal approval by the
BZA shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1Report by County Staff
7-3-3-2Presentation by Applicant
7-3-3-3Citizen Comment
7-3-3-4Rebuttal by Applicant
7-3-3-5Discussion by BZA
7-3-3-6Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
7-3-7-1The BZA shall hold public hearings on all items as required by the Code of Virginia,
(1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
- 5 -
7-3-7-2The Chairman may establish special rules for any public hearing at the beginning of
said hearing. These rules may include limitations on the time of staff report,
applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1The BZA shall have the authority to table agenda items if any one of the following
situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
BOARD OF ZONING APPEALS
CUT-OFF DATES FOR 2020
BZA MEETING
DATE
SUBMITTAL
CUT-OFF DATE
LEGAL AD TO
PAPER
MAIL AGENDA
01/21/20 12/20/19 01/02/20 01/14/20 02/18/20 01/24/20 01/30/20 02/11/20 03/17/20 02/21/20 02/27/20 03/10/20 04/21/20 03/20/20 04/02/20 04/14/20 05/19/20 04/24/20 04/29/20* 05/12/20 06/16/20 05/22/20 05/28/20 06/09/20 07/21/20 06/19/20 07/01/20* 07/14/20 08/18/20 07/24/20 07/30/20 08/11/20 09/15/20 08/21/20 08/27/20 09/08/20 10/20/20 09/18/20 10/01/20 10/13/20 11/17/20 10/23/20 10/29/20 11/10/20 12/15/20 11/20/20 11/24/20* 12/08/20
01/19/21 12/18/20 12/31/20 01/12/21
*Changed due to holiday schedule.
VARIANCE REQUEST #01-20
OF
JIM NICHOLS CONSTRUCTION
VARIANCE APPLICATION #01-20
JIM NICHOLS CONSTRUCTION
Staff Report for the Board of Zoning Appeals
Prepared: May 7, 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:
May 19, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 402 Brown Lane, Clear Brook, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-28
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
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 for a 40-foot front yard variance to a
required 60-foot front setback which will result in a 20-foot front setback, to construct a single-family
dwelling.
REASON FOR VARIANCE: Narrowness of the lot with utility and drainfield location does not
allow replacement dwelling to be set within the front setback.
STAFF COMMENTS: The property was created in 1995; the setbacks in the RA (Rural Areas)
District are 60-feet for the front, 50-feet side yards, and 50-feet for the rear yard. This property was
consolidated to allow for a larger building area. The buildable area was limited by utility and
Variance #01-20 – Jim Nichols Construction
Page 2
May 7, 2020
drainfield location. These locations do not allow for a front porch to meet the RA setback of 60 feet.
The property did have a mobile home located on it as shown on the aerial photograph within the
BZA agenda. As of this application the mobile home has been removed.
The Applicant is requesting a variance of 40-feet on front yard setback from the current 60-foot
setback resulting in a 20-foot front yard setback. This variance, if granted, would allow the
construction of a dwelling with a front porch.
STAFF CONCLUSIONS FOR THE MAY 19, 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 setbacks of the RA (Rural Areas) Zoning District may be justified.
339BROWN LN
315BROWN LN
300BROWN LN
298BROWN LN
304BROWN LN
351BROWN LN
BROWN L
N
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 11, 2020
B
R
O
W
N
L
N
TIM
B
E
R
L
A
K
E
S
L
N
ROCKY LN
JOLINE DR
MACBETH L
N
B
R
I
A
R
W
O
O
D
D
R
0 100 20050 Feet
33 A 28
VAR #01-20
VAR # 01 - 20: Jim Nichols ConstructionPIN: 33 - A - 28Front Yard VarianceZoning Map
339BROWN LN
315BROWN LN
300BROWN LN
298BROWN LN
304BROWN LN
351BROWN LN
BROWN L
N
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: March 11, 2020
B
R
O
W
N
L
N
TIM
B
E
R
L
A
K
E
S
L
N
ROCKY LN
JOLINE DR
MACBETH L
N
B
R
I
A
R
W
O
O
D
D
R
0 100 20050 Feet
33 A 28
VAR #01-20
VAR # 01 - 20: Jim Nichols ConstructionPIN: 33 - A - 28Front Yard VarianceLocation Map
VARIANCE REQUEST #03-20
OF
MARK A. BRUNS
VARIANCE APPLICATION #03-20
MARK A. BRUNS
Staff Report for the Board of Zoning Appeals
Prepared: May 7, 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:
May 19, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 225 Stafford Drive, Winchester, Virginia.
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBER: 54E-4B-6
PROPERTY ZONING & USE: Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: County Park
VARIANCE REQUESTED: The Applicant is requesting for a 6-foot left side yard variance to a
required 10-foot left side setback which will result in a 4-foot left side yard setback, to construct an
attached garage.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the dwelling.
STAFF COMMENTS: This property was created in 1963, as shown on the plat and subdivision
approved by Frederick County on December 12, 1963. The property setbacks lines for this property as
approved: 25-ft. front and zero side and rear. (Plat enclosed) Frederick County adopted zoning in 1967.
The Frederick County historical zoning map shows this property was zoned R-2 (General Residential) in
Variance #03-20 – Mark A. Bruns
Page 2
May 7, 2020
1967. The property setback lines at the adoption of the Frederick County Zoning Ordinance were 35-feet
for the front and 10-feet for the side yards and 35-feet to the rear. Frederick County amended its
Ordinance in 1989 to change the R-2 Zoning District to the current RP (Residential Performance) Zoning
District. The property setbacks for the RP Zoning District are 35-front 10-feet sides and 25-feet rear.
The Applicant is requesting a variance of 6-feet on the left side yard setback from the current 10
-foot setback resulting in a 4-foot left side yard setback. This variance, if granted, would allow the
construction of an attached garage.
STAFF CONCLUSIONS FOR THE MAY 19, 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 setbacks of the RP (Residential Performance) Zoning District may be justified.
54E 4 B 6
102POTOMAC PL
217STAFFORD DR
221STAFFORD DR
222STAFFORD DR
223STAFFORD DR
224STAFFORD DR
226STAFFORD DR
227STAFFORD DR
231STAFFORD DR 230STAFFORD DR
ST
A
F
F
O
R
D
D
R
Application
Parcels
Sewer and Water Service Area
RP (Residential Performance District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 21, 2020
SENSENY RD
RI
D
G
E
R
D
MI
L
A
M
D
R
GRE
E
N
W
O
O
D
R
D
STAF
F
O
R
D
D
R
MA
S
S
I
E
D
R
COU
N
T
R
Y
P
A
R
K
D
R
POTOMAC P
L
GROCERY AVE
0 50 10025 Feet
VAR #03-20
VAR # 03 - 20: Mark BrunsPIN: 54E - 4 - B - 66' Left Side VarianceZoning Map
54E 4 B 6
102POTOMAC PL
217STAFFORD DR
221STAFFORD DR
222STAFFORD DR
223STAFFORD DR
224STAFFORD DR
226STAFFORD DR
227STAFFORD DR
231STAFFORD DR 230STAFFORD DR
ST
A
F
F
O
R
D
D
R
Application
Parcels
Sewer and Water Service Area µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 21, 2020
SENSENY RD
RI
D
G
E
R
D
MI
L
A
M
D
R
GRE
E
N
W
O
O
D
R
D
STAF
F
O
R
D
D
R
MA
S
S
I
E
D
R
COU
N
T
R
Y
P
A
R
K
D
R
POTOMAC P
L
GROCERY AVE
0 50 10025 Feet
VAR #03-20
VAR # 03 - 20: Mark BrunsPIN: 54E - 4 - B - 66' Left Side VarianceLocation Map
VARIANCE REQUEST #04-20
OF
ROCCO FALCONE CONSTRUCTION
VARIANCE APPLICATION #04-20
ROCCO FALCONE CONSTRUCTION
Staff Report for the Board of Zoning Appeals
Prepared: May 7, 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:
May 19, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 361 Bushy Ridge Drive, Star Tannery, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69-2-18
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
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: Vacant
VARIANCE REQUESTED: The Applicant is requesting for a 30-foot right side yard variance to a
required 100-foot right side setback which will result in a 70-foot right side yard setback, to construct a
single- family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the dwelling.
STAFF COMMENTS: This property was created in 1972, as indicated on the deed and the
subdivision was approved by Frederick County (Plat enclosed). This property does not have Building
Restriction Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas)
setbacks. The Frederick County historical zoning map shows this property was zoned A-2
Variance #04-20 – Rocco Falcone Construction
Page 2
May 7, 2020
(Agricultural General) in 1972. The property setback lines at the adoption of the zoning ordinance
were 35-feet for the front, 15-feet for the side yards and 50-feet for the rear yard. Frederick County
amended its Ordinance in 1989 to change A-2 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 February 28, 2007, making the current setbacks for this property 60-feet to the
front, 50-feet to the rear, and 50-feet left side and 100-feet right side.
The Applicant is requesting a variance of 30-feet on the right-side yard setback from the current
100-foot setback resulting in a 70-foot right side yard setback. This variance, if granted, would allow
the construction of a single-family dwelling.
STAFF CONCLUSIONS FOR THE MAY 19, 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 setbacks of the RA (Rural Area) Zoning District may be justified.
69 2 18
314BUSHYRIDGE DR
358BUSHYRIDGE DR
382BUSHYRIDGE DR
319BUSHYRIDGE DR
121BLUEBERRYHILL CT
121BLUEBERRYHILL CT
BUSHY RIDGE DR
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 21, 2020
Star Tannery
BUSHY RIDGE DR
WARDENSVILLE
G
R
WARDE
N
S
V
I
L
L
E
P
I
K
E
ASTER TRL
BEE TRL
0 110 22055 Feet
VAR #04-20
VAR # 04 - 20: Rocco Falcone ConstructionPIN: 69 - 2 - 18Right Side VarianceZoning Map
¬«55
69 2 18
314BUSHYRIDGE DR
358BUSHYRIDGE DR
382BUSHYRIDGE DR
319BUSHYRIDGE DR
121BLUEBERRYHILL CT
121BLUEBERRYHILL CT
BUSHY RIDGE DR
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 21, 2020
Star Tannery
BUSHY RIDGE DR
WARDENSVILLE
G
R
WARDE
N
S
V
I
L
L
E
P
I
K
E
ASTER TRL
BEE TRL
0 110 22055 Feet
VAR #04-20
VAR # 04 - 20: Rocco Falcone ConstructionPIN: 69 - 2 - 18Right Side VarianceLocation Map
¬«55
VARIANCE REQUEST #05-20
OF
MICHAEL ALLEN AND JILL ALLEN
VARIANCE APPLICATION #05-20
MICHAEL ALLEN AND JILL ALLEN
Staff Report for the Board of Zoning Appeals
Prepared: May 7, 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:
May 19, 2020
Public Hearing; Action Pending
LOCATION: The property is located at 4104 Cedar Creek Grade, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 60-A-82
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Community Center
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 for a 80-foot rear yard variance to a
required 100-foot rear yard setback which will result in a 12-foot rear yard setback. A 23-foot left side
yard variance to a required 50-foot left side setback which will result in a 27-foot left side yard setback.
A 95-foot right side yard variance to a required 100-foot right side setback which will result in a 5-foot
right side yard setback, to construct a single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the existing dwelling.
STAFF COMMENTS: This property was created in the 1870’s as indicated on the deed and the
subdivision was approved by Frederick County (Plat enclosed). This property does not have Building
Variance #05-20 – Michael & Jill Allen
Page 2
May 7, 2020
Restriction Lines (BRL) assigned to it and would need to meet the current RA (Rural Areas)
setbacks. The Frederick County historical zoning map shows this property was zoned A-2
(Agricultural General) in 1972. The property setback lines at the adoption of the Frederick County
Zoning Ordinance were 35-feet for the front, 15-feet for the side yards and 50-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change A-2 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 February 28, 2007, making the current setbacks for this property 60-feet
to the front, 50-feet to the rear, and 50-feet left side and 100-feet right side.
The Applicant is requesting for an 80-foot rear yard variance to a required 100-foot rear yard setback
which will result in a 12-foot rear yard setback. A 23-foot left side yard variance to a required 50-
foot left side setback which will result in a 27-foot left side yard setback. A 95-foot right side yard
variance to a required 100-foot right side setback which will result in a 5-foot right side yard
setback, to construct a single-family dwelling.
STAFF CONCLUSIONS FOR THE MAY 19, 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 setbacks of the RA (Rural Areas) Zoning District may be justified.
60 A 82
4137CEDARCREEK GR
4124CEDARCREEK GR
4035CEDARCREEK GR
4034CEDARCREEK GR
CEDA
R
C
R
E
E
K
G
R
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 29, 2020
CEDA
R
C
R
E
E
K
G
R
GO
U
G
H
R
D
LA
U
R
E
L
G
R
O
V
E
R
D
ODE
S
S
A
L
N
A
N
N
A
M
A
R
G
A
R
E
T
D
R
0 70 14035 Feet
VAR #05-20
VAR # 05 - 20: Michael and Jill AllenPIN: 60 - A - 82Rear, Left, and Right Side Yard VariancesZoning Map
60 A 82
4137CEDARCREEK GR
4124CEDARCREEK GR
4035CEDARCREEK GR
4034CEDARCREEK GR
CEDA
R
C
R
E
E
K
G
R
Application
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: April 29, 2020
CEDA
R
C
R
E
E
K
G
R
GO
U
G
H
R
D
LA
U
R
E
L
G
R
O
V
E
R
D
ODE
S
S
A
L
N
A
N
N
A
M
A
R
G
A
R
E
T
D
R
0 70 14035 Feet
VAR #05-20
VAR # 05 - 20: Michael and Jill AllenPIN: 60 - A - 82Rear, Left, and Right Side Yard VariancesLocation Map