BZA 09-21-21 Meeting Minutes
1839 Frederick County Board of Zoning Appeals
September 21, 2021
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 September 21, 2021.
PRESENT: Eric Lowman, Chairman, Red Bud District; John Cline, Stonewall District;
Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; Dwight Shenk,
Gainesboro District; 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. Rinker, the minutes for the August 17,
2021, meeting were unanimously approved as presented.
Chairman Lowman inquired if there are any applications for October, Mr. Cheran stated no, the
cutoff date is Friday, September 24, 2021.
PUBLIC HEARING
Chairman Lowman read the request for Variance #08-21 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.
Mr. Cheran came forward to present the variance. Mr. Cheran reiterated the Applicants request for
setbacks. The property is in the General Business (B2) Zoning District. The property is vacant,
and the adjoining properties are zoned B2 District. Mr. Cheran noted that this parcel cannot meet
the setback requirements today. Staff presented the maps of the property. The parcel fronts Route
522 North and the sides are surrounded by Lauck Drive and Foreman Lane. Staff mentioned that
the parcel can meet the front setback off of Route 522 North and the one side setback along Lauck
Drive.
1840 Frederick County Board of Zoning Appeals
September 21, 2021
Staff present background information that Frederick County adopted zoning in 1967. The historical
maps indicate that this property is B2 (General Business). Mr. Cheran stated the setback at t he
adoption of zoning were 20-feet for the front and 20-feet for the sides and rear yards. Then in 1989
the ordinance was amended changing the B2 setbacks. The setback for a primary road is 50-feet,
35-feet along collector of minor streets, and 0-feet for the sides and rear yards.
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.
Staff mentioned the proposed variance appears to be consistent with the character of the district;
and meets the Code of Frederick County and meets the State Codes.
No-Discussion
Chairman Lowman ask the Applicant to come forward.
Mr. Christopher Molden, representing the Applicant (Get Plastered, LLC) came forward. Mr.
Molden mentioned there is a discrepancy in the setback request. The Applicant is asking for 23.96-
feet setback. Mr. Molden said we are requesting this so we can have a buildable lot.
Mr. Molden said that we had meetings with the neighborhood as well a pamphlet was mailed out
to neighbors explaining what they are attempting to build in a commercial structure. The neighbors
were in favor of this commercial structure. Mr. Molden described the lot right now which is vacant
and over-grown. The Applicant would like to build a commercial building for a HVAC company.
Mr. Molden mentioned that the County would be receiving real estate taxes from this business.
Mr. Molden stated if this request is approved the next step for the Applicant is to rezone the
property. The business that will occupy the property is a heating and air conditioning company
which that business is required to be in the B3 zoning.
Chairman Lowman ask if the Board had any questions.
1841 Frederick County Board of Zoning Appeals
September 21, 2021
Mr. Madigan was concerned about the driveway. Mr. Molden responded by saying we have
researched, and the title company verified that the driveway is on the Applicant property, but no
easement was recorded for this.
Chairman Lowman verified with Staff if this variance is approved the zoning would be for B2 per
the Board of Zoning Appeals. Then the Applicant can apply to rezone the parcel to a B3 zoning.
If the Board of Supervisors denied the rezoning, the Applicant property would still be a B2 parcel.
Mr. Cheran said that is correct.
Discussion
Chairman Lowman ask is anyone here wishing to speak for or against the Variance to come
forward and state your name.
A citizen came forward and stated he is not opposing this variance, but I have concerns of site
distance off Foreman Drive. Chairman Lowman commented that the Applicant would be working
with VDOT. Mr. Cheran also addressed the concerns of the citizen this will be address at the site
plan stage with agency comment from VDOT.
Public Hearing Closed
Discussion/Comments
One a motion made by Mr. Cline that Variance #08-21 Get Plastered, LLC be approved with the
amended setback of 23.96-feet and was seconded by Mr. Rinker. The vote was unanimous.
Mr. Cheran updated the Board by stating that every five years the Comprehensive Plan is
reviewed and there might be some changes.
On a motion made by Mr. Shirley to adjourn meeting and seconded by Mr. Cline at 3:50.
_________________________
Eric F. Lowman, Chairman
_________________________
Pamala Deeter, Secretary