BZA 01-19-21 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of December 15, 2020
4.Election of Officers and Adoption of Bylaws
4.A.Election of Officers and Adoption of Bylaws
5.Public Hearings
5.A.Appeal Application #11-20 of Bryan M. Henry
Submitted by Aristotelis A. Chronis, Esq., with Chronis, LLC., to appeal the notice of
violation issued by the Zoning Administrator, dated August 11, 2020. The property is
located at 639 Reliance Road, Middletown, Virginia and is identified with Property
Identification Number 91-A-77 in the Opequon Magisterial District.
6.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JANUARY 19, 2021
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA01-19-21MeetingMinutesDecember15.pdf
BZA01-19-21ElectionofOfficersAdoptionofBylaws.pdf
BZA01-19-21APP11-20.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 19, 2021
Agenda Section: Meeting Minutes
Title: Minutes of December 15, 2020
Attachments:
BZA01-19-21MeetingMinutesDecember15.pdf
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1808
Frederick County Board of Zoning Appeals
December 15, 2020
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 December 15, 2020.
PRESENT: Kevin Scott, Vice-Chairman Shawnee; Dudley Rinker, Back Creek District,
John Cline, Stonewall District; Reginald Shirley III, Opequon District; Dwight Shenk,
Gainesboro District and Ronald Madagan Member at Large.
ABSENT: Eric Lowman, Chairman, Red Bud District;
STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Vice-Chairman Scott at 3:30 p.m. and he determined there is
a quorum.
Vice-Chairman Scott led the Pledge of Allegiance.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the October 20,
2020 meeting were unanimously approved as presented.
Vice-Chairman Scott inquired if there are any applications for January. Mr. Cheran replied, the
cutoff date is Friday December 18, 2020. There will be a meeting next month the attorney for
Mr. Bryan Henry’s appeal sent a request to be heard next month.
PUBLIC HEARING
Vice-Chairman Scott read the request for Variance Request #12-20 of Keith R. Tump submitted
for a 20-foot front yard variance to a required 60-foot front yard setback which will result in a 40-
foot front yard setback and a 15-foot left side yard variance to a required 50-foot left side yard setback
which will result in a 35-foot left side yard setback for a single family dwelling with a garage. The
property is located on the southwest corner of intersection with Mineral Street and Cougill Road
Middletown, Virginia and is identified with Property Identification Number 91-A-122 in the Back
Creek Magisterial District.
Mr. Cheran came forward to present staff report. Staff also presented a location map. The Applicant
is requesting for a 20-foot front yard variance to a required 60-foot front yard setback which will
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1808
Frederick County Board of Zoning Appeals
December 15, 2020
result in a 40-foot front yard setback adjacent to Mineral St. (Route 635) and a 15-foot left side yard
variance to a required 50-foot left side yard setback which will result in a 35-foot left side yard setback
adjacent to the railroad R-O-W for a dwelling with a garage to be built in two (2) phases. Phase 1 is a
garage with an apartment and phase 2 is an attached dwelling.
Mr. Cheran stated that Frederick County adopted zoning in 1967. In 1967, the property was zoned
A-2 (Agricultural General). The property setback lines at the adoption of the zoning ordinance
were 35-feet for the front, along Mineral Street (Route 635) and Cougill Road (Route 634), 15-
feet for the side yards and 50-feet for the rear yard. Frederick County amended its Ordinance in
1989 to change 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-feet to the front along Mineral
Street.(Route 635) and Cougill Road (Route 634) , 50-feet to the rear, and 50-feet to the side
adjacent to the railroad R-O-W.
The Zoning Ordinance for the propose of determining setbacks for a property that fronts on two
(2) roads/streets, is that the shortest front is the front yard of the property. This property has two
(2) fronts along Cougill Road (Route 634) and Mineral Street (Route 635). Therefore, Cougill
Road (Rt. 634) is the shortest front and is the front of this property. Mr. Cheran reiterated what
the setback the Applicant is requesting for the construction of a single-family dwelling with a
garage.
Mr. Cheran concluded by reciting The Code of Virginia 15.2-2309 (2) and Code of Frederick
County 165-1001.2.
Mr. Tump, the Applicant came forward. Mr. Tump made one comment that the garage/apartment
would be phase 1 and phase 2 would be the house.
Vice-Chairman Scott if anyone is in favor or opposition of the appeal to come forward. No one
came forward.
Public Hearing Closed
Discussion
No Discussion
On a motion made by Mr. Rinker to approve Variance Request #12-20 and seconded by Mr.
Shenk, the request unanimously approved as presented.
Mr. Cheran inquired with the Board members if they had any correspondence from Winchester
Medical Center that the Planning Department didn’t supply to them; he would need to get a
copy. Winchester Medical Center is going to court over the appeal.
On a motion made by Mr. Rinker to adjourn meeting and seconded by Mr. Cline 3:45.
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Frederick County Board of Zoning Appeals
December 15, 2020
_________________________
Eric Lowman, Chairman
_________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 19, 2021
Agenda Section: Election of Officers and Adoption of Bylaws
Title: Election of Officers and Adoption of Bylaws
Attachments:
BZA01-19-21ElectionofOfficersAdoptionofBylaws.pdf
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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: January 7, 2021
________________________________________________________________________
ELECTION OF OFFICERS FOR 2021
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 2021
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
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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
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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.
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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
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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.
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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.
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 19, 2021
Agenda Section: Public Hearings
Title: Appeal Application #11-20 of Bryan M. Henry
Attachments:
BZA01-19-21APP11-20.pdf
13
APPEAL APPLICATION #11-20
BRYAN M. HENRY
Staff Report for the Board of Zoning Appeals
Prepared: December 29, 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:
January 19, 2021
Public Hearing Action Pending
LOCATION: The subject property is located at 639 Reliance Road, Middletown, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 91-A-77
PROPERTY ZONING & USE: Zoning: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
APPEAL: The Applicant is appealing the decision of the Zoning Administrator in the administration
of the Frederick County Zoning Ordinance (Ordinance) in determining compliance and permitted
uses in the RA (Rural Areas) Zoning District.
REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to
Frederick County Zoning Ordinance, Chapter 165, Section 165-401.02 Permitted uses within the RA
(Rural Areas) Zoning District.
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STAFF COMMENTS: County staff received a complaint of an excavating business operating on
the property. Staff inspection of the property on July 9, 2020, revealed an excavating company
(B&D Excavating) operating and storing equipment on the property. Section 165-401.02 of the
Ordinance provides for permitted land uses within the RA Zoning District. An excavating company
is not a permitted use within the RA (Rural Areas) Zoning District. (Enclosed pictures) The
Applicant was cited under the above-referenced section of the Ordinance for operating an excavating
company in the RA (Rural Areas) Zoning District. The notice of violation, dated August 11, 2020, is
attached for the Boards reference.
Frederick County allows excavating companies to operate within the B3 (Industrial Transition), M1
(Light Industrial), and M2 (General Industrial) Zoning Districts. The Applicant has a viable
resolution of this violation. This may be accomplished by removing the business, all the equipment,
company vehicles, and construction material from the property, to one of the above-referenced
Zoning Districts in compliance with all County regulations. The Zoning Administrator’s
interpretation of Section 165-401.02 of the Ordinance is correct as the interpretation that an
excavating business occurring on this property is not a permitted use within the RA Zoning District.
STAFF CONCLUSIONS FOR THE JANUARY 19, 2021 MEETING: Staff is requesting that
the Board of Zoning Appeals affirms the decision of the Zoning Administrator in the administration
of the Frederick County Zoning Ordinance, Chapter 165, Section 401.02. That the excavating
business use is operating illegally. An excavating company is not an allowed use within the
RA (Rural Areas) Zoning District. Therefore, this use shall be discontinued and removed from the
property.
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WARREN COUNTYVIRGINIA
91 A 77
668RELIANCE RD
786RELIANCE RD
713RELIANCE RD
733RELIANCE RD
694RELIANCE RD
746RELIANCE RD
736RELIANCE RD
572RELIANCE RD
550RELIANCE RD
577RELIANCE RD
566RELIANCE RD
563RELIANCE RD
835HUTTLE RD
511RELIANCE RD
439RELIANCE RD
383RELIANCE RD 1019HUTTLE RD
1015HUTTLE RD
1291HUTTLE RD 981HUTTLE RD
841HUTTLE RD
R
E
LI
A
N
CE
R
D
Application
Parcels
Sewer and Water Service A rea µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 13, 2020
Middletown
HEADLEY RD
HUTTLE RDW
A
Y
SID
E MIL
L L
N
DEPENDENCE LNR
E
LIA
N
C
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§¨¦81
0 600 1,200300 Feet
APP #11-20
APP # 11 - 20: Bryan HenryPIN: 91 - A - 77AppealZoning Map
16
WARREN COUNTYVIRGINIA
91 A 77
668RELIANCE RD
713RELIANCE RD
786RELIANCE RD
733RELIANCE RD
694RELIANCE RD
746RELIANCE RD
736RELIANCE RD
572RELIANCE RD
550RELIANCE RD
577RELIANCE RD
566RELIANCE RD
563RELIANCE RD
835HUTTLE RD
511RELIANCE RD
439RELIANCE RD
383RELIANCE RD 1019HUTTLE RD
1015HUTTLE RD
1291HUTTLE RD 981HUTTLE RD
841HUTTLE RD
R
E
LI
A
N
CE
R
D
Application
Parcels
Sewer and Water Service A rea µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 13, 2020
Middletown
HEADLEY RD
HUTTLE RDW
A
Y
SID
E MIL
L L
N
DEPENDENCE LNR
E
LIA
N
C
E R
D
§¨¦81
0 600 1,200300 Feet
APP #11-20
APP # 11 - 20: Bryan HenryPIN: 91 - A - 77AppealLocation Map
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