BZA 06-28-22 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of May 17, 2022
4.Public Hearings
4.A.Appeal Request #04-22 of Dusty Hillyard
Submitted to appeal the notice of violation as to Frederick County Zoning Ordinance,
Chapter 165, Section 165-401.02 Permitted uses within the RA (Rural Areas) Zoning
District by the Zoning Administrator, dated April 6, 2022. The property is located at
4494 Cedar Creek Grade, Winchester, and is identified with Property Identification
Number 72-A-32 in the Back Creek Magisterial District.
4.B.Variance #05-22 for Lowell F. Taylor, Jr.
Submitted a request for 15.8-foot left side yard variance to a required 45-foot left side
yard setback which will result in a 29.2-foot left side setback for an accessory structure.
The property is located at 520 N Timber Ridge Road, Winchester, and is identified with
Property Identification Number 06-A-52D in the Gainesboro Magisterial District.
4.C.Appeal Request #06-22 of Trustland Investment Properties
Submitted to appeal the notice of violation as to Frederick County Zoning Ordinance,
Chapter 165, Section 202.03 (D) decision of the Zoning Administrator dated May 13,
2022. The property is located at the northwest corner at the intersection of Tasker Road
(Route 624) and Warrior Drive (Route 719), Stephens City, and is identified with
Property Identification Number 75-A-104 in the Shawnee Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JUNE 28, 2022
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA06-28-22MeetingMinutesMay17.pdf
BZA06-28-22APP04-22_Redacted.pdf
BZA06-28-22VAR05-22_Redacted.pdf
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4.D.Variance #07-22 for Catherine Sell
Submitted a request for 50-foot left side yard variance to a required 100-foot left side
yard setback which will result in a 50-foot left side setback for an accessory structure.
The property is located along Route 50 West, to Quail Run Road then to White Pine
Lane, Winchester, and is identified with Property Identification Number 51-A-16F in the
Back Creek Magisterial District.
5.Other
BZA06-28-22APP06-22_Redacted.pdf
BZA06-28-22VAR07-22_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 28, 2022
Agenda Section: Meeting Minutes
Title: Minutes of May 17, 2022
Attachments:
BZA06-28-22MeetingMinutesMay17.pdf
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1842 Frederick County Board of Zoning Appeals
May 17, 2022
MEETING
MINUTES OFTHE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent
Street, Winchester, Virginia, on May 17, 2022.
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; John Cline, Stonewall District and Ronald
Madagan, Member at Large.
ABSENT:
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. Cline and seconded by Mr. Rinker, the minutes for the
September 21, 2021 meeting were unanimously approved as presented.
ELECTION OF OFFICERS AND ADOPTION OF
BYLAWS
Mr. Cheran opened the floor for nominations for Chairman. Mr. Rinker made a
motion to nominate Mr. Lowman and Vice-Chairman Scott seconded the motion.
The floor was closed for nominations. The vote was unanimous for Mr. Lowman as
Chairman.
Mr. Cheran opened the floor for nominations for Vice-Chairman. Mr. Shenk made a
motion to nominate Kevin Scott and Mr. Rinker seconded the motion. The floor was
closed for nominations. The vote was unanimous for Mr. Scott as Vice-Chairman.
Mr. Cheran opened the floor for nominations for Secretary. Mr. Shenk made a motion
to nominate Mrs. Deeter and Vice-Chairman Scott seconded the motion. The floor was
closed for nominations. The vote was unanimous for Mrs. Deeter as Secretary.
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1843 Frederick County Board of Zoning Appeals
May 17, 2022
Mr. Cheran stated that before we go to the Bylaw adoption, there will be a change in procedure if we
have an appeal application. The Chairman of the Board or BZA secretary will need to swear people
in, just in case Applicant would pursue action of the court.
Chairman Lowman asked if anyone had questions about change of appeal process.
Mr. Shirley ask Mr. Cheran for clarification of the voting procedure. Mr. Cheran
explained.
On a motion by Mr. Shirley and seconded by Mr. Madagan the Bylaws w as approved. The
vote was unanimous.
Mr. Cheran stated that the Board of Zoning Appeals does meet at 3:30 p.m. on the third
Tuesday of the month.
Vice-Chairman Scott made a motion to keep the Board of Zoning Appeals meeting time at
3:30 p.m., on the third Tuesday of the month. Chairman Lowman seconded the motion, and
the vote was unanimous.
All application for variance must be submitted by 5:00 p.m. on May 20, in order to be
reviewed by the Board of Zoning Appeal on June 28, 2022.
Chairman Lowman inquired if there are any applications for June, Mr. Cheran stated yes.
PUBLIC HEARING
Chairman Lowman read the request for Variance #03-22 for Leigh Taylor and Edward
Kron submitted request for 21.5-foot front yard variance to a required 45-foot front yard setback
which will result in a 23.5-foot front setback for an accessory structure. The property is located
along at 291 Plow Run Lane (Lot 34 in the Flint Ridge Subdivision) Winchester and is identified
with Property Identification Number 39-6-3-34 in the Back Creek Magisterial District.
Mr. Cheran came forward to present the variance and maps of the property. Mr. Cheran reiterated
the Applicants request for setback. The property is 2.8+/- acres and was created in 2008. The
property is zone RA (Rural Areas) in Flint Ridge Subdivision in the Back Creek Magisterial District.
The setback for the subdivision is: 45-feet for the front, 15-feet for the side yards and 40-feet for the
rear yard. The property is residential, and the surrounding properties are residential. Staff explained
that the Applicant applied for the variance because of topography which effects the placement of
the accessory structure.
Staff mentioned that if the accessory structure was moved to the left side, where the property is
partially level then the structure would be in compliance with the setbacks. Mr. Cheran stated, The
Code of Virginia and Frederick County Code that this variance doesn’t meet their requirements.
Mr. Cheran read The Code of Virginia.
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1844 Frederick County Board of Zoning Appeals
May 17, 2022
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.
Mr. Cheran explained why the application doesn’t meet The Code of Virginia and Frederick County
Ordinance.
Mr. Cheran mentioned he receive one telephone call just inquiring. The caller wasn’t for or against
the application. No other phone calls or mail received in the office.
Chairman Lowman ask if the Board has questions for Mr. Cheran.
Mr. Rinker needed clarification is the accessory structure completely in the setbacks? Mr. Cheran
said yes.
Chairman Lowman ask the Applicant to come forward and to speak their name for the record.
Ms. Leigh Taylor and Ed Kron came forward to present as to why their requesting the variance.
Ms. Taylor handed out a GIS map with elevation and contour of the property.
Ms. Taylor expressed her concerns about the natural water path. The Applicant mentioned when this
project first started, we thought the property line was closer to the road, but we discovered that the
property line ends in the ditch. The Applicant concern if accessory structure was to be placed on the
left side that would obstruct the water path and possible to push drainage water toward the foundation
of the dwelling. The right side of the house has the septic system in the back and the septic system
runs up the hill. Ms. Taylor explained the Health Department informed us that we need to be off the
septic line at least 10 feet.
The Applicant described the structure will have concrete floor, four enclosed walls and windows.
Chairman Lowman ask if the Board has questions for the Applicants.
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1845 Frederick County Board of Zoning Appeals
May 17, 2022
Mr. Rinker ask what will the pole building be used for? Mr. Kron stated right now some of the
equipment is in the basement that will be placed in the structure. It will be easier to access
equipment. The building is 20 x 26 in size.
Vice-Chairman Scott inquired if Applicant contacted all the neighbors as to the variance. Ms. Taylor
said yes, most of the neighbors. Applicant said, the sign was placed at our driveway entrance for
more than ten days.
Chairman Lowman ask is anyone here wishing to speak for or against the Variance to come forward
and state your name. There were no public comments.
Public Hearing Closed
Discussion/Comments
The Board discussion revolved around the building being completely in the setback area and the
building would be very close to the road. A comment was made that on the left side of dwelling if
some grading was done it could be placed there. The accessory structure could be placed down at the
bottom of the slope where the property is flat. There are other options for placement of the accessory
structure.
On a motion made by Mr. Rinker that Variance 03-22 Leigh Taylor & Edward Kron be denied and
was seconded by Mr. Madagan. The vote was 4 to 3 to deny variance.
On a motion by Mr. Lowman to adjourn meeting and seconded by Mr. Cline at 4:10.
__________________________
Eric F. Lowman, Chairman
_________________________
Pamala Deeter, Secretary
7
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 28, 2022
Agenda Section: Public Hearings
Title: Appeal Request #04-22 of Dusty Hillyard
Attachments:
BZA06-28-22APP04-22_Redacted.pdf
8
APPEAL APPLICATION #04-22
DUSTY HILLYARD
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2022
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:
June 28, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 4494 Cedar Creek Grade, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 72-A-32
PROPERTY ZONING & USE: Zoning: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
APPEAL: An appeal of the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance
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.
STAFF COMMENTS: County staff received a complaint of a portable toilet business on the
property. Staff visited the property on March 31, 2022 and noted portable toilets, equipment, and
toilet trailers with the name of Primo Potties operating on the property. (Enclosed pictures) The
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property owner was cited via Notice of Violation (NOV) for violation of Section 165-401.02 of the
Frederick County Zoning Ordinance (“Ordinance”), permitted uses within the RA (Rural Areas)
Zoning District. (Permitted Uses RA District enclosed)
The decision of the Zoning Administrator was not arbitrary or capricious in the enforcement of
the Frederick County Zoning Ordinance regarding the permitted uses within the RA Zoning District.
The question before the Board of Zoning Appeals is whether the decision of the Zoning
Administrator via the NOV, is correct as to the permitted uses within the RA Zoning District. The
Ordinance lists the permitted uses within, the RA Zoning District and a portable toilet business is not
included and therefore is not a permitted use.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 MEETING: Staff is requesting the Board of
Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance, Section 165-401.02 a portable toilet business is not a permitted
use in the RA Zoning District.
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72 A 32
135MEETINGHOUSE DR
159MEETINGHOUSE DR
115MEETINGHOUSE DR
4511CEDARCREEK GR
120MEETINGHOUSE DR
170MEETINGHOUSE DR
200MEETINGHOUSE DR
199MEETINGHOUSE DR
MEETING HOUSE DR CEDAR CREEK GRApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 5, 2022CEDAR CREEK GRLAUREL GROVE RD
MEETING HOUSE DR
0 150 30075 Feet
APP # 04 - 22: Dusty HillyardPIN: 72 - A - 32AppealZoning Map
APP #04-22
11
72 A 32
135MEETINGHOUSE DR
159MEETINGHOUSE DR
115MEETINGHOUSE DR
4511CEDARCREEK GR
120MEETINGHOUSE DR
170MEETINGHOUSE DR
200MEETINGHOUSE DR
199MEETINGHOUSE DR
MEETING HOUSE DR CEDAR CREEK GRApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 5, 2022CEDAR CREEK GRLAUREL GROVE RD
MEETING HOUSE DR
0 150 30075 Feet
APP # 04 - 22: Dusty HillyardPIN: 72 - A - 32AppealLocation Map
APP #04-22
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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
CERTIFIED MAIL
April 6, 2022
Dusty Hillyard
4494 Cedar Creek Grade
Winchester, VA 22602
RE: 4494 Cedar Creek Grade
Property Identification Number (PIN): 72-A-32
Zoning District: RA (Rural Areas)
Dear Property Owner:
This office received a complaint regarding the above-referenced property. My inspection of the site
on March 31, 2022 revealed a portable toilet business operating and storing their equipment on this
property.
In accordance with Section 165-401.02 of the Frederick County Zoning Ordinance, a portable toilet
business is not a permitted use in this Zoning District. This property is zoned RA (Rural Areas), the
operation of a portable toilet business is not allowed. Resolution of this violation may be accomplished
by removing all the equipment, company vehicles (pumper truck), and construction material from the
property.
This office will allow thirty (30) days from receipt of this letter to resolve this violation. Failure to
comply with the Zoning Ordinance could result in a criminal complaint being filed against you.
You have the right to appeal this notice of violation within thirty (30) days of the date of this letter in
accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and
unappealable if it is not appealed within thirty (30) days. Should you choose to appeal; the appeal
must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance
with Article X, Section 165-1001.02 (A), of the Frederick County Zoning Ordinance. This provision
requires the submission of an application form, a written statement setting forth the decision being
appealed, the date of decision, the grounds for appeal, how the appellant is an aggrieved party, any
other information you may want to submit, and a $250.00 filing fee. Once the appeal application is
accepted, it will be scheduled for public hearing and decision before the BZA.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
Brian Armel
Zoning Inspector
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 28, 2022
Agenda Section: Public Hearings
Title: Variance #05-22 for Lowell F. Taylor, Jr.
Attachments:
BZA06-28-22VAR05-22_Redacted.pdf
27
VARIANCE APPLICATION #05-22
LOWELL F. TAYLOR JR.
Staff Report for the Board of Zoning Appeals
Prepared June 8, 2022
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:
June 28, 2022
Public Hearing; Action Pending
LOCATION: The property is located at 520 North Timber Ridge Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 06-A-52D
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: Residential
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15.8-foot left side yard variance to a
required 45-foot left side yard setback which will result in a 29.2-foot left side yard setback for an
accessory structure.
REASON FOR VARIANCE: The topography of the lot does not allow the accessory structure to
meet the current front setbacks.
STAFF COMMENTS: The property is 6.042+/- acres in size and currently zoned RA (Rural
Areas) and was created in 2007. The setback lines for the parcel are: 60-feet for the front, 45-feet for
the left side, 50-feet for the right side and 100-feet for the rear yard. The Applicant is requesting a
15.8-foot left yard variance to a required 45-foot left yard setback resulting in a 29.2-foot left yard
setback for an accessory structure.
28
Variance #05-22 – Lowell F. Taylor, Jr.
Page 2
June 8, 2022
This application for a variance does not meet the requirements as set forth by The Code of Virginia
15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements for RA
Zoning District do not produce an unreasonable restriction on the property. The Applicant can place
this proposed accessory structure behind the primary structure the plat submitted shows 6.042+/-
acres with this application. The rear of this property is relatively level to allow for this accessory
structure to meet the front setback of 45-ft. off the access easement.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 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.
It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2).
This request from the current setbacks of 45-ft. from the access easement may not be justified. Staff
would recommend denial of this variance application, as the setback requirements currently can be
met on this 6.042+/- acre lot. The strict application of the Frederick County Zoning Ordinance does
not produce an unreasonable restriction on the property as required by the Code of Virginia 15.2-
2309 (2).
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06 A 52D
463N TIMBERRIDGE RD
521N TIMBERRIDGE RD
655N TIMBERRIDGE RD
577N TIMBERRIDGE RD
577N TIMBERRIDGE RD
607N TIMBERRIDGE RD
607N TIMBERRIDGE RD
N TIMBER RIDGE RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 26, 2022N TIMBER RIDGE RDN FREDERICK PIKE
0 250 500125 Feet
£¤522
VAR # 05 - 22: Lowell F. Taylor, Jr.PIN: 06 - A - 52DSide Yard VarianceZoning Map
VAR #05 -22
30
06 A 52D
463N TIMBERRIDGE RD
521N TIMBERRIDGE RD
655N TIMBERRIDGE RD
577N TIMBERRIDGE RD
577N TIMBERRIDGE RD
607N TIMBERRIDGE RD
607N TIMBERRIDGE RD
N TIMBER RIDGE RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 26, 2022N TIMBER RIDGE RDN FREDERICK PIKE
0 250 500125 Feet
£¤522
VAR # 05 - 22: Lowell F. Taylor, Jr.PIN: 06 - A - 52DSide Yard VarianceZoning Map
VAR #05 -22
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 28, 2022
Agenda Section: Public Hearings
Title: Appeal Request #06-22 of Trustland Investment Properties
Attachments:
BZA06-28-22APP06-22_Redacted.pdf
41
APPEAL APPLICATION #06-22
TRUSTLAND INVESTMENT PROPERTIES
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2022
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:
June 28, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at Northwest corner at the intersection of Tasker
Road (Route 642) and Warrior Drive (Route 719) Stephens City.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-104
PROPERTY ZONING & USE: Zoning: B2 (General Business)/RP (Residential Performance)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential Open Space
South: B2 (General Business) Use: Self-storage (under construction)
West: RP (Residential Performance) Use: Residential
APPEAL: An appeal of the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance
REASON FOR APPEAL: The Applicant is appealing the determination of the Zoning
Administrator, dated May 13, 2022. The Applicant is appealing the determination regarding Chapter
165, Section 202.03 D Pedestrian access, as related to the application for approval of Site Plan #08-
21.
ZONING ADMINISTRATOR DETERMINATION: That Section 165-202.03 D Pedestrian
42
access requires safe pedestrian walkways to be provided to all uses on land included in a Master Plan
or Site Plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in
conformance with adopted Comprehensive Plan policies for present and future roadway
classification and/or approved Master Development Plans. Sidewalks shall be installed in the right-
of-way and adjacent to the boundary of all proposed and existing streets and shall contain adequate
handicapped ramps at all intersections at intervals acceptable to the Virginia Department of
Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge
and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five feet wide,
multi-use trails shall be a minimum of 10 feet wide. Therefore, for Site Plan # 08-21 to be approved
by Frederick County safe pedestrian access shall be provided along Tasker Road (642)
and Warrior Drive (Route719) .
STAFF COMMENTS: The applicant applied for a site plan approval (Site Plan#08-21) for a self-
storage facility on the above-referenced property. Planning Staff reviewed the above-referenced site
plan to determine if administrative approval can be granted. Staff was in no position to approve the
site plan as presented. The Applicant did not address or prepare a revised site plan which adequately
addresses the below comment.
Sidewalks and Pedestrian Walkways:
Safe pedestrian walkways shall be provided to all uses on land included in a Master Plan
or Site Plan approved by Frederick County. Sidewalks shall be provided in conformance
with adopted corridor or walkway plans or approved Master Development Plans. The Site
Plan could not be approved in its current form, as the Site Plan did not include sidewalks or
pedestrian walkways along Tasker Road (Route 642) and Warrior Drive (Route 719) as
required per the Frederick Zoning Ordinance Section 165-202.03 D
As noted in the request for a zoning determination letter a meeting was held with Staff on November
22, 2021, regarding the above-referenced comment’s applicability to approval of Site Plan #08-21.
On December 21, 2021, Staff advised the Applicant to seek a Zoning Determination from the Zoning
Administrator for an interpretation of the Section 165-202.03 D. regarding the sidewalk requirement.
The Applicant submitted a request on May 10, 2022, to the Zoning Administrator for a Zoning
Determination regarding the interpretation of the Section 165-202.03 D sidewalk requirement,
relative to the requested approval of Site Plan #08-21. On May 13, 2022, the Zoning Administrator’s
Determination advised the Applicant that Section 165-202.03 D required a sidewalk, and that Site
Plan #08-21 could therefore not be approved as submitted. The Frederick County Comprehensive
Policy Plan, at pages 55 and 57, identifies Tasker Road (Route 642) as a major collector road and
Warrior Drive (Route 719) as a proposed major collector road. In addition, the VDOT Road Design
Manual calls for pedestrian accommodations on all roads in urban areas. In this instance, the two
roads are in the County’s Urban Development Area.
Between the time of the submission of Site Plan #08-21 The Frederick County Board of Supervisors
on January 26, 2022, amended Section 165-202.03 D of the Frederick County Ordinance. The
Section states: Safe pedestrian walkways shall be provided to all uses on land included in a
master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be
provided in conformance with adopted Comprehensive Plan policies for present and future
43
roadway classification and/or approved master development plans. Sidewalks shall be installed
in the right-of-way and adjacent to the boundary of all proposed and existing streets and shall
contain adequate handicapped ramps at all of intersections at intervals acceptable to the
Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or
swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be
a minimum of five feet wide, multi-use trails shall be a minimum of 10 feet wide.
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the sidewalk requirement.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 MEETING: Staff is requesting the Board of
Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance, Section 165-202.03 D Pedestrian access.
44
75 A 104
660WARRIOR DR
127LUCYLONG CT
128LUCYLONG CT
126LUCYLONG CT
1340MACEDONIACH RD
114QUEENSWAY
1275TASKER RD
112QUEENSWAY
110QUEENSWAY
108QUEENSWAY
105QUEENSWAY
106QUEENSWAY
104QUEENSWAY
1320MACEDONIACH RD
1314MACEDONIACH RD102QUEENSWAY
108KEVERNE CT
110KEVERNE CT
1270MACEDONIACH RD 1286MACEDONIACH RD
106KEVERNE CT
102KEVERNE CT
104KEVERNE CT
100KEVERNE CT101WINTON LN
111KEVERNE CT
101CHELTENHAM DR
100CHELTENHAM DR
102CHELTENHAM DR 104CHELTENHAM DR
109KEVERNE CT
105KEVERNE CT 107KEVERNE CT
KEVERNE CT
MACEDONIA CHURCH RD
TASKER RDQUEENS WAYWARRIOR DRApplication
Sewer and Water Service A rea
Parcels
B2 (General Business District)
RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 26, 2022
TASKER RD
WARRIOR DRLY N N D R
CRAIG DR
CEDAR MOUNTAIN DRSPANISH OAK RDLAUREL HILL DR
C H E LTE N H A M D R
TALAMORE DR
LUCY LONG CTSADI CTQUEENS WAYBAYBERRY CT
SI TL IN GTO NS H I L L C T
0 180 36090 Feet
APP # 06 - 22: Trustland Investment PropertiesPIN: 75 - A - 104AppealZoning Map
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660WARRIOR DR
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1340MACEDONIACH RD
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MACEDONIA CHURCH RD
TASKER RDQUEENS WAYWARRIOR DRApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 26, 2022
TASKER RD
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CRAIG DR
CEDAR MOUNTAIN DRSPANISH OAK RDLAUREL HILL DR
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 28, 2022
Agenda Section: Public Hearings
Title: Variance #07-22 for Catherine Sell
Attachments:
BZA06-28-22VAR07-22_Redacted.pdf
65
VARIANCE APPLICATION #07-22
CATHERINE SELL
Staff Report for the Board of Zoning Appeals
Prepared June 8, 2022
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:
June 28, 2022
Public Hearing; Action Pending
LOCATION: The property is located at White Pine Lane, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 51-A-16F
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 50-foot left side yard variance to a
required 100-foot left side yard setback which will result in a 50-foot left side yard setback for a
residential structure.
REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the
property.
STAFF COMMENTS: The property is 2.49+/- acres in size and currently zoned RA (Rural Areas)
and was created on January 13, 1975, via Deed book 403 page 47. This subdivision does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural
Areas) District setbacks. The Frederick County historical zoning map shows this property as being
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
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Variance #07-22 – Catherine Sell
Page 2
June 8, 2022
Ordinance 35-feet for the front, 15-feet for the side yards and 35-feet for the rear yard. Frederick
County amended its Ordinance in 1989 to change the A-2 Zoning District to the 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 for the
front, 100-feet to the rear, and 100-feet left-side yard and 100-feet right-side yard.
The Applicant is requesting a variance of 50-feet from the required 100-feet left side yard setback
resulting in a 50-foot left side yard setback, to construct a single-family dwelling. The setbacks for
this property should the variance be approved would be front 60-feet, left side yard 50-feet, right
side yard 50-feet and rear yard 50-feet.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 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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51 A 16F
1762WARDENSVILLE GR
245PHELPSMORE LN
1344QUAILRUN LN
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 8, 2022WHITE PINE LNQUAIL RUN LNTHRASHER CT0 140 28070 Feet
VAR # 07 - 22: Catherine SellPIN: 51 - A - 16FLeft Side Yard VarianceZoning Map
VAR #07-22
68
51 A 16F
1762WARDENSVILLE GR
245PHELPSMORE LN
1344QUAILRUN LN
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 8, 2022WHITE PINE LNQUAIL RUN LNTHRASHER CT0 140 28070 Feet
VAR # 07 - 22: Catherine SellPIN: 51 - A - 16FLeft Side Yard VarianceLocation Map
VAR #07-22
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