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BZA 05-17-22 Meeting Agenda1.Call to Order 2.Determination of a Quorum 3.Meeting Minutes 3.A.Minutes of September 21, 2021 4.Election of Officers and Adoption of Bylaws 4.A.Election of Officers and Adoption of Bylaws 5.Public Hearings 5.A.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 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. 6.Other AGENDA BOARD OF ZONING APPEALS TUESDAY, MAY 17, 2022 3:30 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA BZA05-17-22MeetingMinutesSeptember21.pdf BZA05-17-22ElectionofOfficersAdoptionofBylaws.pdf BZA05-17-22VAR03-22_Redacted.pdf 1 Board of Zoning Appeals Agenda Item Detail Meeting Date: May 17, 2022 Agenda Section: Meeting Minutes Title: Minutes of September 21, 2021 Attachments: BZA05-17-22MeetingMinutesSeptember21.pdf 2 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. 3 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. 4 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 5 Board of Zoning Appeals Agenda Item Detail Meeting Date: May 17, 2022 Agenda Section: Election of Officers and Adoption of Bylaws Title: Election of Officers and Adoption of Bylaws Attachments: BZA05-17-22ElectionofOfficersAdoptionofBylaws.pdf 6 -1 - FREDERICK COUNTY BOARD OF ZONING APPEALS BY-LAWS (Proposed May 17, 2022) 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 7 -2 - 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. 8 -3 - 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 9 -4 - 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. 10 -5 - 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. 11 Board of Zoning Appeals Agenda Item Detail Meeting Date: May 17, 2022 Agenda Section: Public Hearings Title: Variance #03-22 for Leigh Taylor and Edward Kron Attachments: BZA05-17-22VAR03-22_Redacted.pdf 12 VARIANCE APPLICATION #03-22 LEIGH TAYLOR & EDWARD KRON Staff Report for the Board of Zoning Appeals Prepared May 3, 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: May 17, 2022 Public Hearing; Action Pending LOCATION: The property is located within the Flint Ridge Subdivision at 291 Plow Run Lane, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 39-6-3-34 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 21.5-foot front yard variance to a required 45-foot front yard setback which will result in a 23.5-foot front 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 2.8+/- acres in size and currently zoned RA (Rural Areas) and was created in 2008. The setback lines for parcels within the Flint Ridge Rural Preservation Subdivision are: 45-feet for the front,15-feet for the side yards and 40-feet for the rear yard. The Applicant is requesting a 21.5-foot front yard variance to a required 45-foot front yard setback resulting in a 23.5-foot front yard setback for an accessory structure. 13 Variance #03-22 – Leigh Taylor & Edward Kron Page 2 May 3, 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 Parcels within the Flint Ridge Rural Preservation Subdivision do not produce an unreasonable restriction on the property. The Applicant can place this proposed accessory structure even with the primary structure that measures 53.3- ft to Plow Run Lane, as shown on the plat submitted with this application. The front of this property is relatively level to allow for this accessory structure to meet the front setback of 45-ft. STAFF CONCLUSIONS FOR THE MAY 17, 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 the Flint Ridge Rural Preservation Subdivision not be justified. Staff would recommend denial of this variance application, as the setback requirements currently can be met. 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). 14 39 6 3 34 350PLOWRUN LN 360PLOWRUN LN 355PLOWRUN LN 399PLOWRUN LN 411PLOWRUN LN 117FEEDMILL CT 241PLOWRUN LN 219PLOWRUN LN 280PLOWRUN LN 130WINDROW CT 244PLOWRUN LN 158WINDROW CT 220PLOWRUN LN F E E D M IL L C T P L O W R U N L N Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 18, 2022HEDRICK LNS HAYFIELD RDBACK MOUNTAIN RDPLOW RUN LN WINDROW CTHEDRICK LN 0 140 28070 FeetPLOW RUN LNVAR # 03 - 22: Leigh Taylor and Edward KronPIN: 39 - 6 - 3 - 34Front Yard VarianceLocation Map VAR #03 -22 15 39 6 3 34 350PLOWRUN LN 360PLOWRUN LN 355PLOWRUN LN 399PLOWRUN LN 411PLOWRUN LN 117FEEDMILL CT 241PLOWRUN LN 219PLOWRUN LN 280PLOWRUN LN 130WINDROW CT 244PLOWRUN LN 158WINDROW CT 220PLOWRUN LN F E E D M IL L C T P L O W R U N L N Application Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: April 18, 2022HEDRICK LNS HAYFIELD RDBACK MOUNTAIN RDPLOW RUN LN WINDROW CTHEDRICK LN 0 140 28070 FeetPLOW RUN LNVAR # 03 - 22: Leigh Taylor and Edward KronPIN: 39 - 6 - 3 - 34Front Yard VarianceZoning Map VAR #03 -22 16 17 18 19 20 21 22 23 24 25