BZA 09-15-20 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of August 18, 2020
4.Public Hearings
4.A.Variance Request #10-20 of Russell and Joyce Stevens
Submitted for a 9.5-foot rear yard setback variance to a required 15-foot rear yard
setback (covered structure) to enclose/screen in an existing uncovered deck resulting in
a 5.5-foot rear setback for the covered porch and seeking a 3.5-foot rear yard setback
variance to a required 5-foot rear yard setback (uncovered structure) to allow for the
construction of stairs for the covered porch, resulting in a 1.5-foot rear yard setback for
the stairs. This property is located at 107 Fringetree Court, Lake Frederick, Virginia and
is identified with Property Identification Number 87B-3-1-153 in the Opequon
Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, SEPTEMBER 15, 2020
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA09-15-20MeetingMinutesAugust18.pdf
BZA09-15-20VAR10-20.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 15, 2020
Agenda Section: Meeting Minutes
Title: Minutes of August 18, 2020
Attachments:
BZA09-15-20MeetingMinutesAugust18.pdf
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1791 Board of Zoning Appeals August 18, 2020
FREDERICK 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.
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1792 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.
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1793 Board of Zoning Appeals August 18, 2020
No one came forward.
Public Hearing 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.Shirley, III, Acting Chairman
____________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: September 15, 2020
Agenda Section: Public Hearings
Title: Variance Request #10-20 of Russell and Joyce Stevens
Attachments:
BZA09-15-20VAR10-20.pdf
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VARIANCE APPLICATION #10-20
RUSSELL AND JOYCE STEVENS
Staff Report for the Board of Zoning Appeals
Prepared: September 4, 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:
September 15, 2020
Public Hearing Action Pending
LOCATION: The subject property is located at 107 Fringetree Court, Lake Frederick, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-3-1-153
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Open Space
East: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
West: R5 ( Residential Recreational Community) Use: Open Space
VARIANCE REQUESTED: The Applicant is seeking a 9.5 ft. rear yard setback variance to a
required 15 ft. rear yard setback (covered structure) to enclose/screen in an existing uncovered deck
resulting in a 5.5 ft. rear setback for the covered porch; they are also seeking a 3.5 ft. rear yard setback
variance to a required 5 ft. rear yard setback (uncovered structure) to allow for the construction of stairs
for the covered porch, resulting in a 1.5 ft. rear yard setback for the stairs.
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 2018 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 from the dwelling. This
dwelling currently has an uncovered deck which is 5.51 ft. from the rear property line setbacks for
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uncovered decks is 5ft. from the rear and a covered porch type have to meet the rear setback of 15ft.
as they become part of the principal structure. The Applicant is requesting the variance to allow the
deck to be enclosed and stairs to be built. The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE SEPTEMBER 15, 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 3 1 153
116SKIPPER DR
1820FAIRFAXPIKE
1820FAIRFAXPIKE
1820FAIRFAXPIKE
1820FAIRFAXPIKE
114SKIPPER DR 112SKIPPER DR
108SKIPPER DR
102FRINGETREE CT
103FRINGETREE CT
104FRINGETREE CT
105FRINGETREE CT
106FRINGETREE CT
108FRINGETREE CT
110FRINGETREE CT
111FRINGETREE CT
112FRINGETREE CT
113FRINGETREE CT
114FRINGETREE CT
115FRINGETREE CT
FRINGETREE CTApplication
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: August 24, 2020RACHEL CARSON DREMPEROR DRSKIPPER DR
ATLANTIS LN
BURKWOOD TER
BAYHILL TER0 50 10025 Feet
VAR #10-20
CLARKECOUNTY
VAR # 10 - 20: Russell and Joyce StevensPIN: 87B - 3 - 1 - 153Rear Yard VarianceZoning Map
9
87B 3 1 153
116SKIPPER DR
1820FAIRFAXPIKE
1820FAIRFAXPIKE
1820FAIRFAXPIKE
1820FAIRFAXPIKE
114SKIPPER DR 112SKIPPER DR
108SKIPPER DR
102FRINGETREE CT
103FRINGETREE CT
104FRINGETREE CT
105FRINGETREE CT
106FRINGETREE CT
108FRINGETREE CT
110FRINGETREE CT
111FRINGETREE CT
112FRINGETREE CT
113FRINGETREE CT
114FRINGETREE CT
115FRINGETREE CT
FRINGETREE CTApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 24, 2020RACHEL CARSON DREMPEROR DRSKIPPER DR
ATLANTIS LN
BURKWOOD TER
BAYHILL TER0 50 10025 Feet
VAR #10-20
CLARKECOUNTY
VAR # 10 - 20: Russell and Joyce StevensPIN: 87B - 3 - 1 - 153Rear Yard VarianceLocation Map
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