BZAMinutes2022August16
Frederick County Board of Zoning Appeals 1857
August 16, 2022
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 16, 2022.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee
District; Reginald Shirley, III, Opequon District; Dwight Shenk, Gainesboro District; John Cline,
Stonewall District; Dudley Rinker, Back Creek 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.
Chairman Lowman asked if there are any applications for September. Mr. Cheran stated no, the
cut-off is Friday.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the June 28, 2022
meeting were unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman read Variance #08-22 for Eric and Ashley Wright submitted a request for a
5.60-foot front yard variance to a required 45-foot front yard setback which will result in a
39.4-foot front setback and a 12.74-foot rear yard variance to a required 45-foot rear yard
setback which will result in a 32.26-foot rear setback for an addition to single-family
dwelling. The property is located at 345 McDonald Road, Winchester and is identified with
Property Identification Number 51-A-125 in the Back Creek Magisterial District.
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Frederick County Board of Zoning Appeals 1858
August 16, 2022
Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning
District and the land use is residential. The adjoining properties are RA and also residential in
land use. Staff presented a map of the location. There is a private Right-of-Way (ROW) beside
Mr. Wright property line that is the reason he is requesting a variance. A ROW if private or state
maintained the Applicant would need to be 60-feet from the ROW.
Staff stated the Applicant is requesting a 5.60-foot front yard variance to a required 45-foot
front yard setback which will result in a 39.4-foot front setback and a 12.74-foot rear yard
variance to a required 45-foot rear yard setback which will result in a 32.26-foot rear setback
for an addition attached garage.
Mr. Cheran noted that the reason for the variance is the property cannot meet the current RA
setback for an addition.
Staff mentioned that the house is sitting at an angel. The property was created before 1967 and the
primary structure was built in 1977. According to the historical maps, this property was zoned A-
2 (Agricultural General) in 1967. In 1967, the Zoning Ordinance setback were 35-feet front, 15-
feet for the side yards and 35-feet for the rear. The Board of Supervisors amended its Ordinance
in 1989 and that parcel was A-2 (Agricultural General) and changed to RA (Rural Areas). Then
Board of Supervisors amended ordinance again in 2007 with today’s setback of 60-feet for front,
a 100-feet rear, and 100-feet left and right-side setback. Staff noted again the house is built on an
angel and the proposed request is consistent with the area.
Mr. Cheran reiterated the Applicants request for setbacks.
Staff read The Code of Virginia criteria for a variance.
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 stated that this request does meet the Code of Virginia and the Code of Frederick
County. Mr. Cheran stated if you have any questions, I can answer them, and the Applicant is here.
Chairman Lowman ask if the Board had questions for Staff. Mr. Dudley was inquiring if one is
approved and the other is denied will that effect the other variance. Mr. Cheran stated no, each
variance stands alone.
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Frederick County Board of Zoning Appeals 1859
August 16, 2022
Mr. Eric Wright came forward. He gave the background information on the house and family and
the reason for the variance.
A Committee member commented on what he noticed at the property.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
CLOSED PUBLIC HEARING
On a motion made by Mr. Rinker to approve as presented and seconded by Mr. Shenk, Variance
Request #08-22 of Eric Wright and Ashley Wright, was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #09-22 request for Eric and Ashley Wright for a 20.09-foot
front yard variance to a required 45-foot front yard setback which will result in a 24.91-foot
front setback and a 22.30-foot rear yard variance to a required 45-foot rear yard setback
which will result in a 22.7-foot rear setback for an accessory structure (pool). The property
is located at 345 McDonald Road, Winchester and is identified with Property Identification
Number 51-A-125 in the Back Creek Magisterial District.
Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning
District and the land use is residential. The adjoining properties are RA and also residential in
land use. Staff presented a map of the location. Mr. Cheran continue giving the background
information on the parcel. Mr. Cheran reiterated the setback request. Mr. Cheran stated this
variance is for a pool and between the retaining wall and drainfield the placement of the pool is
limited
Staff concluded by reading The Code of Virginia 15.2-2309 (2) and the 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.
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August 16, 2022
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 opened the floor to anyone in favor or opposition to come forward. No one
came forward.
CLOSED PUBLIC HEARING
On a motion made by Mr. Rinker to approve as presented and seconded by Vice-Chairman Scott,
Variance Request #09-22 for Eric Wright and Ashley Wright, was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #10-22 request for Krysstal Delaluz submitted a request for a
43.3-foot rear yard variance to a required 100-foot rear yard setback which will result in a 56.7-
foot rear setback for a single-family dwelling. The property is located North Frederick Pike (Route
522N.) to Collinsville Road, Cross Junction, and is identified with Property Identification Number
12-A-16 in Gainesboro Magisterial District.
Mr. Cheran came forward to present the staff report. The property is 2.087 acres, and the shape of
parcel and restriction of the power line easement will not allow for Applicant to meet the current
setback for a single-family dwelling. The Applicant setback request was stated by Mr. Cheran.
Staff gave the history of the property. The parcel was created on July 10, 1986. Staff stated that
this parcel does not meet the Building Restriction Line (BRL) so that means Applicant would need
to meet today’s setback for that District. In 1967 historical map shows this property zoned A-2
(Agricultural General) at that time the setbacks were 35-feet front, 15-feet for the side yards and
35-feet for the rear yard. The Ordinance changed in 1989 and February 28, 2007, which make the
current setback that we have today which is 60-feet for the front, 100-feet for the rear and left and
right-side yards 50-feet each.
Mr. Cheran reiterated the request from the Applicant. Staff concluded by reading The Code of
Virginia 15.2-2309 (2) and the 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
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Frederick County Board of Zoning Appeals 1861
August 16, 2022
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 stated that this Variance 10-22 meets the intent of The Code of Virginia 15.2309 (2)
and the Code of Frederick County and is consistent with the character of the District.
The Applicant (Krysstal Delaluz) came forward. When purchasing the property, I hoped that one
day to build a home or a mobile home on the property.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Closed Public Hearing
On a motion made by Mr. Shenk to approve as presented and seconded by Mr. Rinker Variance
Request #10-22 for Krysstal Delaluz, was unanimously approved.
Mr. Cheran gave an update on Dusty Hillyard and Trustland Property appeals from last month.
On a motion by Vice-Chairman Scott to adjourn meeting and second by Mr. Cline at 4:00.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
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