BZA 08-17-21 Meeting Minutes1836 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 August 17, 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. Scott and seconded by Mr. Rinker, the minutes for the July 20, 2021,
meeting were unanimously approved as presented.
Chairman Lowman inquired if there are any applications for September, Mr. Cheran stated yes,
the cutoff date is Friday, August 20, 2021.
PUBLIC HEARING
Chairman Lowman read the request for 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.
Mr. Cheran came forward to present the variance. Mr. Cheran reiterated the Applicants request for
setbacks. The property is in the Residential Recreational Community (R5) Zoning District. The
property is residential and the adjoining properties are zoned R5 District. On North and East side
of the Applicant’s parcel, which adjoins with the open space. Mr. Cheran noted that this parcel is
pie shaped and with a curvature that follows its frontage along Lakeview Road. Staff mentioned
that the back of the parcel is a slope. Staff mentioned that the Applicant can meet the Frederick
County setback requirement for the side and rear yard setbacks. Mr. Cheran stated that the
1837 Frederick County Board of Zoning Appeals
Applicant has a 35-foot front yard setback along the roadway. Staff mentioned if variance is
approved this will result in a 24.6-foot front yard setback 10-foot right side yard setback, and an
25-foot rear setback for an addition.
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.
Chairman Lowman ask the Applicant to come forward.
Mr. Alexander Manzo and Ms. Christine Manzo came forward. Mr. Manzo commented that the
addition could only be at that particular side because of the front setback. Mr. Manzo stated if we
tried to move the addition to rear of other side we would be in violation as the Frederick County
setback code.
Chairman Lowman mentioned we received two letters in favor of the Variance one from Tammy
Fuller and Richard McMann and another from Scott and Martha Caroll.
Chairman Lowman ask is the addition a one story or two. Mr. Manzo replied one story.
Chairman Lowman ask is there anyone here wishing to speak for or against the variance.
PUBLIC HEARING CLOSED
Discussion/Comments
One a motion made by Mr. Shenk that Variance #06-21 for Alexander Manzo and Christine
Manzo be approved was seconded by Mr. Dudley Rinker. The vote was unanimous.
On a motion made by Vice-Chairman Scott to adjourn meeting and seconded by Mr. Shenk at
3:45.
1838 Frederick County Board of Zoning Appeals
_________________________
Eric F. Lowman, Chairman
_________________________
Pamala Deeter, Secretary