BZA 08-17-21 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of July 20, 2021
4.Public Hearings
4.A.Variance #07-21 for Alexander Manzo
Requesting for a 10.6-foot front yard variance to a required 35-foot front yard setback
which will result in a 24.4-foot front setback for an addition. The property is located at
605 Lakeview Drive, Cross Junction, and is identified with Property Identification
Number 18A02-2-4-326 in the Gainesboro Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, AUGUST 17, 2021
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA08-17-21MeetingMinutesJuly20.pdf
BZA08-17-21VAR07-21_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 17, 2021
Agenda Section: Meeting Minutes
Title: Minutes of July 20, 2021
Attachments:
BZA08-17-21MeetingMinutesJuly20.pdf
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1833 Frederick County Board of 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 July 20, 2021.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee
District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; Dwight
Shenk, Gainesboro District; District; and Ronald Madagan, Member at Large.
ABSENT: John Cline, Stonewall
STAFF PRESENT: Mark Cheran, Zoning Administrator; 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. Shenk and seconded by Mr. Rinker, the minutes for the June 15, 2021,
meeting were unanimously approved as presented.
Chairman Lowman inquired if there are any applications for July, Mr. Cheran stated yes, the
cutoff date is Friday, July 23, 2021.
PUBLIC HEARING
Chairman Lowman read the request for Variance #06-21 for Braddock Hills, LLC, submitted
by Michael Artz of Pennoni Associates, Inc. for a request of a 13.3-foot front yard variance to a
required 60-foot front yard setback which will result in a 46.7-foot front yard setback and a 35.6-
foot rear yard variance to a required 50-foot rear yard setback which will result in 14.4-foot rear
yard setback for a single-family dwelling. The property is located at 978 Round Hill Road and is
identified with Property Identification Number 52-A-141 in the Back Creek Magisterial District
Mr. Cheran came forward to present the variance. Mr. Cheran reiterated the Applicants request for
setbacks. The property is in the Rural Area (RA) Zoning District and has 0.56+/- acre of land and
the use is residential. The adjoining properties are zoned RA District. Staff mentioned that zoning
was adopted in 1967. This property was zoned A-2 (Agricultural General) in 1967 according to
the historical maps. 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
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1834 Frederick County Board of Zoning Appeals
amended its ordinance in 1989 to reclassify the 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-foot for
the front, a50-foot for the rear yard, and 50-foot for the left and right-side yards.
Mr. Cheran showed the location map and the proposed plat which shows the new dwelling as well
as the 1900 dwelling that has been removed. Staff stated that the Applicant has the right for one
for one replacement and is in the timeframe of a year. Staff commented the Applicant doesn’t
want to build on the same foundation. The Applicant wants to move the dwelling back from the
road.
Staff mentioned should this variance be granted, it will result in setbacks of 46.7-foot for the front,
14.4-foot for the rear; the left and right-side yard setbacks conform to the current RA Zoning
Districts (80.5-foot left and 79.4-foot right). This will allow for the construction of a new single-
family dwelling.
Mr. Cheran read 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 and Frederick County.
Chairman Lowman ask the Applicant to come forward.
Mr. Michael Artz, with Pennoni Associates is representing the Applicant. Mr. Artz stated the old
house was demolished within the timeframe and removed. The Applicant would like to move
further from the road and make the house larger than the original footprint.
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1835 Frederick County Board of Zoning Appeals
Chairman Lowman ask is there anyone here wishing to speak for the variance.
Chairman Lowman ask is there anyone here wishing to speak against this variance.
Mary Reese came forward to speak. I am for the variance but I have some concerns in regard to
the septic system. Ms. Reese was under the impression 2002 that there wasn’t enough room for
septic system and well.
Chairman Lowman noted that the Health Department would have to approve the system for the
Applicant to move forward with the request to build.
Mr. Artz came forward to address the concerns. The Winchester Frederick County Health
Department approved a septic system four years ago. There is a well on the property.
PUBLIC HEARING CLOSED
Discussion/Comments
Mr. Madigan noted he looked at property and this new structure would be an improvement to the
neighborhood.
One a motion made by Mr. Rinker that Variance #06-21 for Braddock Hills, LLC be approved
was seconded by Vice-Chairman Scott. The vote was unanimous.
On a motion made by Vice-Chairman Scott to adjourn meeting and seconded by Mr. Rinker at
3:45.
_________________________
Eric F. Lowman, Chairman
_________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 17, 2021
Agenda Section: Public Hearings
Title: Variance #07-21 for Alexander Manzo
Attachments:
BZA08-17-21VAR07-21_Redacted.pdf
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VARIANCE APPLICATION #07-21
ALEXANDER MANZO
Staff Report for the Board of Zoning Appeals
Prepared August 5, 2021
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 17, 2021
Public Hearing; Action Pending
LOCATION: The property is located in at 605 Lakeview Drive, Cross Junction, within the Lake
Holiday Subdivision.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 18A02-2-4-326
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Open Space
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 a 10.4-foot front yard variance to a required
35-foot front yard setback which will result in a 24.6-foot front yard setback.
REASON FOR VARIANCE: The property cannot meet the current front yard setbacks due to the
shape of the property; the Applicant is requesting the variance to allow for the construction of a 30 x
22-foot addition to the right side of an existing single-family dwelling.
STAFF COMMENTS: The property is pie shaped with a curvature that follows its frontage along
Lakeview Road, the property has a 35-foot front yard setback along the roadway. Due to the
curvature and the setback, the Applicant is unable to meet the front yard setback to construct the
proposed addition. The shape of this lot is not a typical condition or situation, therefore not of a so
general or recurring nature. Should this variance be granted, it will result in a 24.6-foot front yard
setback, 10-foot right side yard setback, and a 25-foot rear setback; the side and rear yard setbacks
for the proposed addition conform to the current requirements of the Zoning Ordinance.
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Variance #07-21 – Alexander Manzo
August 5, 2021
Page 2
STAFF CONCLUSIONS FOR THE AUGUST 17, 2021, 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 the
current front yard setbacks of the R5 (Residential Recreational Community) Zoning District may be
justified.
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18A02 2 4 326
523LAKEVIEW DR
600LAKEVIEW DR
602LAKEVIEW DR
604LAKEVIEW DR
603LAKEVIEW DR
611LAKEVIEW DR
609LAKEVIEW DR
607LAKEVIEW DR
608LAKEVIEW DR 606LAKEVIEW DR
LAKEVIEW DR
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 17, 2021LAKEVIEW DRLAKE HOLIDAY RDMASTERS DR WHITE PINE PLSUNSET CIROVERLOOK DRFAIRWAY CIRKNOLL CT0 50 10025 Feet
VAR #07 -21
VAR # 07 - 21: Alexander ManzoPIN: 18A02 - 2 - 4 - 32610.6' Front Yard VarianceLocation Map
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18A02 2 4 326
523LAKEVIEW DR
600LAKEVIEW DR
602LAKEVIEW DR
604LAKEVIEW DR
603LAKEVIEW DR
611LAKEVIEW DR
609LAKEVIEW DR
607LAKEVIEW DR
608LAKEVIEW DR 606LAKEVIEW DR
LAKEVIEW DR
Application
Parcels
R5 (Residential Recr eationa l Com munity Distr ict)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 17, 2021LAKEVIEW DRLAKE HOLIDAY RDMASTERS DR WHITE PINE PLSUNSET CIROVERLOOK DRFAIRWAY CIRKNOLL CT0 50 10025 Feet
VAR #07 -21
VAR # 07 - 21: Alexander ManzoPIN: 18A02 - 2 - 4 - 32610.6' Front Yard VarianceZoning Map
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