BZA 07-20-21 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of June 15, 2021
4.Public Hearings
4.A.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.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JULY 20, 2021
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA07-20-21MeetingMinutesJune15.pdf
BZA07-20-21VAR06-21_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: July 20, 2021
Agenda Section: Meeting Minutes
Title: Minutes of June 15, 2021
Attachments:
BZA07-20-21MeetingMinutesJune15.pdf
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1830 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 June 15, 2021.
PRESENT: Eric Lowman, Chairman, Red Bud District; Reginald Shirley III, Opequon District;
Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; John Cline, Stonewall
District; and Ronald Madagan, Member at Large.
ABSENT: 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 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. Cline, the minutes for the April 20, 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 Thursday, June 17, 2021.
Mr. Cheran express that the agenda cover page states 30-foot left yard and the Applicant applied
for an 80-foot left yard variance.
PUBLIC HEARING
Chairman Lowman read the request for Variance #05-21 for Sonya May, submitted by R. L.
Hayes Enterprises, LLC requesting for an 80-foot left yard variance to a required 100-foot left
yard setback which will result in a 20-foot left yard setback and a 32.9-foot right side yard variance
to a required 50-foot right side yard setback which will result in a 17.1-foot right side yard setback
for a single-family dwelling. The property is located 1621 Brucetown Road, Clear Brook, and is
identified with Property Identification Number 34-A-15 in the Stonewall 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 Extractive
Manufacturing (EM) Districts. Staff expressed the location map has a dwelling on the parcel; the
Applicant will be removing the dwelling. Staff showed the proposed plat with new dwelling. Mr.
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1831 Frederick County Board of Zoning Appeals
Cheran mentioned that due to the size of the property of 1.020+/- acres and is narrow the Applicant
cannot meet the RA setbacks.
Staff made comments that the property was created in 1967 and the current zoning is RA.
Frederick County adopted zoning in 1967. In 1967, the property was zoned A-2 (Agricultural
General) per the historical maps. The adoption of the ordinance the setbacks were 35-feet for the
front, 15-feet for the side yards and 50-feet to the rear. The Ordinance was amended in 1989 which
changed the A-2 Zoning to RA. The Board of Supervisors amended RA zoning setbacks in the
Ordinance on February 28, 2007. Mr. Cheran stated that is the current setback today of 60-feet to
the front, 100-feet to the left side, and 50-feet to the rear and side yard.
Staff reiterated the setback request from the Applicant.
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 the Code of Frederick County. This request from current
setbacks of the RA (Rural Areas) Zoning District may be justified.
Chairman Lowman ask the Applicant to come forward.
Ms. Robin Hayes was representing the Applicant. Ms. Hayes mentioned that if the Board had any
questions, she would try to clarify the question.
Mr. Shirley noted that there is hardly a difference from the old setback to the new setback.
Chairman Lowman ask is there anyone here wishing to speak for or against this variance. No one
came forward.
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1832 Frederick County Board of Zoning Appeals
PUBLIC HEARING CLOSED
Discussion/Comments
No comments or discussion
One a motion made by Mr. Cline that Variance #05-21 for Sonya May be approved and was
seconded by Mr. Rinker. The vote was unanimous.
Mr. Cheran gave an update on the court case.
On a motion made by Mr. Cline to adjourn meeting and seconded by Mr. Shirley 4:15.
_________________________
Eric F. Lowman, Chairman
_________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: July 20, 2021
Agenda Section: Public Hearings
Title: Variance #06-21 for Braddock Hills, LLC
Attachments:
BZA07-20-21VAR06-21_Redacted.pdf
6
VARIANCE APPLICATION #06-21
BRADDOCK HILLS, LLC
Staff Report for the Board of Zoning Appeals
Prepared July 15, 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:
July 20, 2021
Public Hearing; Action Pending
LOCATION: The property is located at 978 Round Hill Road in Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-141
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting 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 a 14.4-foot rear setback, to allow
for the construction of a new single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property and location of the proposed new dwelling.
STAFF COMMENTS: This 0.56 +/- acre property was created prior to Frederick County adopting
zoning in 1967. The prior dwelling on the property, which was demolished, was built in 1900. The
Frederick County historical zoning map shows this property zoned A-2 (Agricultural General)
District in 1967. 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 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
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Variance #06-21 – Braddock Hills, LLC
Page 2
July 15, 2021
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.
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.
STAFF CONCLUSIONS FOR THE JULY 20, 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 setbacks of the RA (Rural Areas) Zoning District may be justified.
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52 A 141
973ROUNDHILL RD 961ROUNDHILL RD 945ROUNDHILL RD
933ROUNDHILL RD
953ROUNDHILL RD
995ROUNDHILL RD
161TRINITY LN
161TRINITY LN
161TRINITY LN
3021NORTHWESTERNPIKE
928ROUNDHILL RD
1006ROUNDHILL RD
3015NORTHWESTERNPIKE
3073NORTHWESTERNPIKE
3063NORTHWESTERNPIKE
3079NORTHWESTERNPIKE
TR IN ITY LNROUND HILL RD
CATHER LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 16, 2021
Round H ill ROUND HILL RD
NORTHWESTERN PIKE
SINGHASS RDCATHER LNOLD FIREHOUSE LNSHERWOOD LNNORTHWESTERN PIKE
£¤50
0 130 26065 Feet
VAR #06 -21
VAR # 06 - 21: Braddock Hills, LLCPIN: 52 - A - 141Front Yard and Rear Yard VarianceLocation Map
9
52 A 141
973ROUNDHILL RD 961ROUNDHILL RD 945ROUNDHILL RD
933ROUNDHILL RD
953ROUNDHILL RD
995ROUNDHILL RD
161TRINITY LN
161TRINITY LN
161TRINITY LN
3021NORTHWESTERNPIKE
928ROUNDHILL RD
1006ROUNDHILL RD
3015NORTHWESTERNPIKE
3073NORTHWESTERNPIKE
3063NORTHWESTERNPIKE
3079NORTHWESTERNPIKE
TR IN ITY LNROUND HILL RD
CATHER LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 16, 2021
Round H ill ROUND HILL RD
NORTHWESTERN PIKE
SINGHASS RDCATHER LNOLD FIREHOUSE LNSHERWOOD LNNORTHWESTERN PIKE
£¤50
0 130 26065 Feet
VAR #06 -21
VAR # 06 - 21: Braddock Hills, LLCPIN: 52 - A - 141Front Yard and Rear Yard VarianceZoning Map
10
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