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BZA 05-17-22 Meeting Minutes 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. 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. 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. 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