Loading...
BZA 09-21-21 Meeting Agenda1.Call to Order 2.Determination of a Quorum 3.Meeting Minutes 3.A.Minutes of August 17, 2021 4.Public Hearings 4.A.Variance #08-21 for Get Plastered, LLC Submitted by Painter-Lewis, PLC requesting a 23.94-foot front yard variance to a required 35-foot front yard setback which will result in a 11.06-foot front setback along Foreman Lane for a structure. The property is located along North Frederick Pike (Route 522), Lauck Drive, and Foreman Lane, Winchester and is identified with Property Identification Number 53-A-56B in the Stonewall Magisterial District. 5.Other AGENDA BOARD OF ZONING APPEALS TUESDAY, SEPTEMBER 21, 2021 3:30 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA BZA09-21-21MeetingMinutesAugust17.pdf BZA09-21-21VAR08-21_Redacted.pdf 1 Board of Zoning Appeals Agenda Item Detail Meeting Date: September 21, 2021 Agenda Section: Meeting Minutes Title: Minutes of August 17, 2021 Attachments: BZA09-21-21MeetingMinutesAugust17.pdf 2 1836 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 3 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. 4 1838 Frederick County Board of Zoning Appeals _________________________ Eric F. Lowman, Chairman _________________________ Pamala Deeter, Secretary 5 Board of Zoning Appeals Agenda Item Detail Meeting Date: September 21, 2021 Agenda Section: Public Hearings Title: Variance #08-21 for Get Plastered, LLC Attachments: BZA09-21-21VAR08-21_Redacted.pdf 6 VARIANCE APPLICATION #08-21 GET PLASTERED, LLC Staff Report for the Board of Zoning Appeals Prepared September 8, 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: September 21, 2021 Public Hearing; Action Pending LOCATION: The property is located along North Frederick Pike (Route 522) Lauck Drive (Route 832) and Foreman Lane, Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-A-56B PROPERTY ZONING & USE: Zoned: B2 (General Business) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: B2 (General Business) Use: Residential South: B2 (General Business) Use: Vacant East: B2 (General Business) Use: Nursing Home West: B2 (General Business) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 23.94-foot front yard variance to a required 35-foot front yard setback which will result in a 11.06-foot front yard setback along Foreman Lane. REASON FOR VARIANCE: The subject property adjoins roadways on three sides and therefore has three front yard setbacks. Due to the narrowness of the lot and the front yard setbacks on three sides, the property cannot meet the required setbacks. The Applicant is requesting the variance to allow for the construction of a new commercial structure. STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned B2 (General Business) in 1967. The property setback lines at the adoption of the Frederick County Zoning Ordinance were 20-feet for the front and 20- feet for the side and rear yards. 7 Variance #08-21 – Get Plastered, LLC September 8, 2021 Page 2 Frederick County amended its Zoning Ordinance in 1989 and changed the setback requirements for the B2 District as follows: 50-feet along primary/arterial highways, 35-feet along collector of minor streets, and 0-feet for side and rear yards. STAFF CONCLUSIONS FOR THE SEPTEMBER 21, 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 setback of the B2 (General Business) Zoning District may be justified. 8 53 A 56B 990AUTUMNVIEW LN 1177N FREDERICKPIKE 110LAUCK DR 1184N FREDERICKPIKE 1190N FREDERICKPIKE 1194N FREDERICKPIKE 1200N FREDERICKPIKE 117LAUCK DR 1005FOREMAN LN 1015FOREMAN LN 1108PURCELL LN 1025FOREMAN LN FOREMAN LNLAUCK DRApplication Sewer and Water Service Area Parcels µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: July 28, 2021 N FREDERICK PIKE FORTRESS DRLAUCK DRCARPERS DRPURCELL LNOAK SIDE LNSCARLET MAPLE DRAUTUMN VIEW LNSAGE CIRREDWOOD LNFORTRESS DRN F R E D E RIC K PIK E 0 60 12030 Feet N FREDERICK PIKE 01522 VAR #08-21 £¤522 VAR # 08 - 21: Get Plastered, LLCPIN: 53 - A - 56B23.94' Front Yard VarianceLocation Map 01522 N FREDERICK PIKE 9 53 A 56B 990AUTUMNVIEW LN 1177N FREDERICKPIKE 110LAUCK DR 1184N FREDERICKPIKE 1190N FREDERICKPIKE 1194N FREDERICKPIKE 1200N FREDERICKPIKE 117LAUCK DR 1005FOREMAN LN 1015FOREMAN LN 1108PURCELL LN 1025FOREMAN LN FOREMAN LNLAUCK DRApplication Sewer and Water Service Area Parcels B2 (General Business District) RP (Residential Performance District)µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: July 28, 2021 N FREDERICK PIKE FORTRESS DRLAUCK DRCARPERS DRPURCELL LNOAK SIDE LNSCARLET MAPLE DRAUTUMN VIEW LNSAGE CIRREDWOOD LNFORTRESS DRN F R E D E RIC K PIK E 0 60 12030 Feet N FREDERICK PIKE 01522 VAR #08-21 £¤522 VAR # 08 - 21: Get Plastered, LLCPIN: 53 - A - 56B23.94' Front Yard VarianceZoning Map 01522 N FREDERICK PIKE 10 11 12 13 14 15 16 17 18 19 20