BZAAgenda2022November151.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of August 16, 2022
4.Public Hearings
4.A.Appeal #11-22 of Robert Gallalee
Submitted to appeal the notice of violation as to Frederick County Zoning Ordinance,
Chapter 165, Section 502.04 Permitted Uses. A notice of violation dated September 7,
2022 from the Zoning Administrator, that the Owner is maintaining uses on his property
that are not permitted in the R5 Zoning District. The property is located at 212 Cub Trail
in Shawneeland and is identified with Property Identification Number 49B01-122-105 in
the Back Creek Magisterial District.
4.B.Appeal #12-22 of West Oaks Farm Market, LLC
Submitted to appeal the notice of violation as to Frederick County Zoning Ordinance,
Chapter 165, Section 103.03 Conditions. A notice of violation dated September 8, 2022,
from the Zoning Administrator, that the Owner is in violation of the CUP #04-18 for the
property. The property is located at 4305 Middle Road, Winchester, and is identified
with Property Identification Number 74-A-3 in the Back Creek Magisterial District.
4.C.Variance #13-22 for 411 Victory Road, LLC
Submitted to consider a request for a 3.8-foot rear yard variance to a required 25-foot
rear yard setback which will result in a 21.2-foot rear yard setback, and a 2.9-foot side
yard variance to a required 25-foot side yard setback which will result in a 22.1-foot side
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, NOVEMBER 15, 2022
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA11-15-22MeetingMinutesAugust16.pdf
BZA11-15-22APP11-22_Redacted.pdf
BZA11-15-22APP12-22_Redacted.pdf
1
yard setback for an accessory structure. The property is located at 411 Victory Road,
Winchester, and is identified with Property Identification Number 64-A-80H in the
Shawnee Magisterial District.
5.Other
BZA11-15-22VAR13-22_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: November 15, 2022
Agenda Section: Meeting Minutes
Title: Minutes of August 16, 2022
Attachments:
BZA11-15-22MeetingMinutesAugust16.pdf
3
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.
6
Frederick County Board of Zoning Appeals 1860
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
7
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
8
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: November 15, 2022
Agenda Section: Public Hearings
Title: Appeal #11-22 of Robert Gallalee
Attachments:
BZA11-15-22APP11-22_Redacted.pdf
9
APPEAL #11-22
ROBERT GALLALEE
Staff Report for the Board of Zoning Appeals
Prepared: October 31, 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:
November 15, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 212 Cub Trail, in Shawneeland.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 49B01-122-105
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Vacant
East: R5 (Residential Recreational Community) Use: Vacant
South: R5 (Residential Recreational Community) Use: Vacant
West: R5 (Residential Recreational Community) Use: Vacant
APPEAL: An appeal of the notice of violation as to Frederick County Zoning Ordinance, Chapter
165, Section 502-04 Permitted Uses. A notice of violation dated September 7, 2022, from the
Zoning Administrator, states that the Owner is maintaining uses on his property that are not
permitted in the R5 Zoning District.
ZONING ADMINISTRATOR DETERMINATION: Frederick County added the R5
(Residential Recreational Community) District in 1973. Section 165-502.04 of the Frederick County
Zoning states: “All uses allowed in the RP (Residential Performance) Zoning District” can occur in
the R5 Zoning District. Livestock or agriculture animals are not permitted uses in the RP Zoning
District, nor does the R5 Zoning District otherwise allow livestock or agricultural animals.
10
This property was cited for a zoning violation for horses on the property in 1994. This property was
subject to a Board of Zoning Appeals (BZA) case (#008-94) held on September 20, 1994, that
allowed this property to have horses. (BZA minutes enclosed.) The minutes do not address other
livestock or agriculture animals, only horses.
The current applicant was cited via Notice of Violation (NOV), dated August 30, 2022, for livestock
and agricultural animals present on the property: a cow, goats, chickens/other fowl. (NOV enclosed.)
REASON FOR APPEAL: The Applicant contends that livestock and agricultural animals are
permitted in the R5 District.
STAFF COMMENTS:
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the administration of the Frederick County Zoning Ordinance,
Section 165-502.04 Permitted uses., that livestock and agricultural animals are not allowed on
this property or the R5 Zoning District. Only horses are allowed on this property per BZA case
#008-94.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 165-502.04 Permitted uses.
11
49B01 122 105
402ANTELOPETRL
407ANTELOPETRL BOBCAT TRLANTELOPE TRLC UB TRLApplication
Parcels
R5 (Residential Recr eationa l Com munity Distr ict)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022BEAR TRLWOLF SPRING TRLB OBCAT TRLCUB TRLTIMBER RIDGE TRL0 110 22055 Feet
APP # 11 - 22: Robert GallaleePIN: 49B01 - 122 - 105Appeal (Violation)Zoning Map
BRUSH CREEK RD
APP #11 -22
12
49B01 122 105
402ANTELOPETRL
407ANTELOPETRL BOBCAT TRLANTELOPE TRLC UB TRLApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022BEAR TRLWOLF SPRING TRLB OBCAT TRLCUB TRLTIMBER RIDGE TRL0 110 22055 Feet
APP # 11 - 22: Robert GallaleePIN: 49B01 - 122 - 105Appeal (Violation)Location Map
BRUSH CREEK RD
APP #11 -22
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: November 15, 2022
Agenda Section: Public Hearings
Title: Appeal #12-22 of West Oaks Farm Market, LLC
Attachments:
BZA11-15-22APP12-22_Redacted.pdf
51
APPEAL #12-22
WEST OAKS FARM MARKET, LLC.
Staff Report for the Board of Zoning Appeals
Prepared: November 1, 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:
November 15, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 4305 Middle Road, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-3
PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District
Land Use: Special Event Facility and Restaurant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Agricultural/Residential
East: RA (Rural Areas) Use: Public School/Open Space/Agricultural
South: RA (Rural Areas) Use: Open Space/Agricultural
West: RA (Rural Areas) Use: Residential
APPEAL: To appeal the notice of violation, as to Frederick County Zoning Ordinance, Chapter 165,
Section 103.03 Conditions: A notice of violation dated September 8, 2022, from the Zoning
Administrator, that the Owner is in violation of the CUP #04-18 for the property.
ZONING ADMINISTRATOR DETERMINATION: The above-referenced property is
subject to Conditional Use Permit (CUP) #04-18 approved by Frederick County, on May 9,
2018, for a Special Event Facility and Restaurant with the following conditions attached to the
CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
52
Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Staff received a complaint that a stage had been constructed and is being used for outdoor music
events, with a picnic shelter also being used for these events. Staff visited the property on August 26,
2022, noted two (2) stages that were constructed on the above-referenced property and that the
picnic shelter was being used for outdoor seating with a bar. In addition to the seating within the
picnic shelter it was noted that outdoor seating has been added to the patio area of the restaurant.
Staff cited the applicant for violation of Section 165-103.03 of the Frederick Zoning Ordinance that
requires all conditions of an approved Conditional Use Permit (CUP) shall be complied with. The
property is in violation of CUP #04-18, specifically, violation of Conditions #1 and #7 of the CUP.
With respect to condition #1, to date, there is no record of a building permit application or approval
for the picnic shelter, two stages, and additional seating for the restaurant. These additional uses are
also a violation of Condition #7, which requires a new CUP for expansion or modification of the use.
REASON FOR APPEAL: The Applicant states that the structures referenced in the NOV, and their
use, “are exempt from Conditional Use Permit requirements based on Virginia’s broad and
protective agritourism legislation.”
STAFF COMMENTS: The only issue this Board of Zoning Appeals must address is to affirm or
overrule the Zoning Administrator’s decision regarding the Frederick County Zoning Ordinance,
Section 165-103.03, Conditions of Conditional Use Permits. The property is in violation of CUP
#04-18 specifically, violation of Conditions #1 and #7 of the CUP. With respect to condition #1, to
date, there is no record of a building permit application or approval for the picnic shelter, two stages,
and additional seating for the restaurant. These additional uses are also a violation of Condition #7,
which requires a new CUP for expansion or modification of the use.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 165-103.03, Conditions, regarding CUP#04-18.
53
CARROLLTONESTATESSubdivision
SPRINGDALE GLENSubdivision
THE ORCHARDSubdivision
74 A 3
950CARTERS LN
1485SPRINGDALE RD 634SPRINGDALE RD
1711SPRINGDALE RD
4255MIDDLE RD
834SHADYELM RD
4555MIDDLE RD
1662SPRINGDALE RD
1640SPRINGDALE RD
1755SPRINGDALE RD
1783SPRINGDALE RD
1720SPRINGDALE RD
1686SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4661MIDDLE RD
141GERMANY RD
4701MIDDLE RD
4685MIDDLE RD
115GERMANY RD
4771MIDDLE RD
110BARLEY LN
4743MIDDLE RD 4687MIDDLE RD
452BARLEY LN
4750MIDDLE RD 4719MIDDLE RD
4253MIDDLE RD
4706MIDDLE RD4724MIDDLE RD
4668MIDDLE RD
4708MIDDLE RD 4639MIDDLE RD
4654MIDDLE RD
4275MIDDLE RD
4101MIDDLE RD
395LICKSKILLET LN
395LICKSKILLET LN
4670MIDDLE RD 4618MIDDLE RD
4556MIDDLE RD
140LICKSKILLET LN
4536MIDDLE RD
4468MIDDLE RD 4063MIDDLE RD
4338MIDDLE RD
4482MIDDLE RD
344RUBINETTEWAY
121RUBINETTEWAY
210RUBINETTEWAY321RUBINETTEWAY
179RUBINETTEWAY 119CHEIFTON PL
116CHEIFTON PL
265RUBINETTE WAY
131CHEIFTON PL
4070MIDDLE RD
260RUBINETTEWAY
195RUBINETTEWAY
161CHEIFTON PL
SPRINGDALE RD CHEIFTON PLR U B IN E TTE W A Y
LICKSKILLET LN
M ID D LE R D
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022
Stephens City
M ID D LE R D
SPRINGDALE RDBARLEY LN
GERMANY RDSHADY ELM RDCAR TER S LN LOY CIRG
R
A
S
S
Y L
N
0 1,000 2,000500 Feet
APP # 12 - 22: West Oaks Farm Market, LLCPIN: 74 - A - 3Appeal (Violation)Zoning Map
BRUSH CREEK RD
APP #12 -22
54
CARROLLTONESTATESSubdivision
SPRINGDALE GLENSubdivision
THE ORCHARDSubdivision
74 A 3
950CARTERS LN
1485SPRINGDALE RD 634SPRINGDALE RD
1711SPRINGDALE RD
4255MIDDLE RD
834SHADYELM RD
4555MIDDLE RD
1662SPRINGDALE RD
1640SPRINGDALE RD
1755SPRINGDALE RD
1783SPRINGDALE RD
1720SPRINGDALE RD
1686SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4661MIDDLE RD
141GERMANY RD
4701MIDDLE RD
4685MIDDLE RD
115GERMANY RD
4771MIDDLE RD
110BARLEY LN
4743MIDDLE RD 4687MIDDLE RD
452BARLEY LN
4750MIDDLE RD 4719MIDDLE RD
4253MIDDLE RD
4706MIDDLE RD4724MIDDLE RD
4668MIDDLE RD
4708MIDDLE RD 4639MIDDLE RD
4654MIDDLE RD
4275MIDDLE RD
4101MIDDLE RD
395LICKSKILLET LN
395LICKSKILLET LN
4670MIDDLE RD 4618MIDDLE RD
4556MIDDLE RD
140LICKSKILLET LN
4536MIDDLE RD
4468MIDDLE RD 4063MIDDLE RD
4338MIDDLE RD
4482MIDDLE RD
344RUBINETTEWAY
121RUBINETTEWAY
210RUBINETTEWAY321RUBINETTEWAY
179RUBINETTEWAY 119CHEIFTON PL
116CHEIFTON PL
265RUBINETTE WAY
131CHEIFTON PL
4070MIDDLE RD
260RUBINETTEWAY
195RUBINETTEWAY
161CHEIFTON PL
SPRINGDALE RD CHEIFTON PLR U B IN E TTE W A Y
LICKSKILLET LN
M ID D LE R D
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022
Stephens City
M ID D LE R D
SPRINGDALE RDBARLEY LN
GERMANY RDSHADY ELM RDCAR TER S LN LOY CIRG
R
A
S
S
Y L
N
0 1,000 2,000500 Feet
APP # 12 - 22: West Oaks Farm Market, LLCPIN: 74 - A - 3Appeal (Violation)Location Map
BRUSH CREEK RD
APP #12 -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
September 8, 2022
West Oaks Farm Market, LLC
Attn: Mary Virginia Snapp, Registered Agent
229 West Oaks Lane
Winchester, VA 22602
RE: 4305 Middle Road
Property Identification Number (PIN): 74-A-3
Zoning District: RA (Rural Areas)
Dear Ms. Snapp:
The above-referenced property is subject to Conditional Use Permit (CUP) #04-18
approved by Frederick County, on May 9, 2018, for a Special Event Facility and
Restaurant. Staff received a complaint that a stage had been constructed and is being used
for outdoor music events, with a picnic shelter also being used for these events. Staff
visited the property on August 26, 2022, noted two (2) stages that were constructed on
the above-referenced property and that the picnic shelter was being used for outdoor
seating with a bar. In addition to the seating within the picnic shelter it was noted that
outdoor seating has been added to the patio area of the restaurant.
CUP #04-18 was approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and approved by
Frederick County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related
activities shall conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new
CUP.
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RE: 229 West Oaks Lane
September 8, 2022
The property is in violation of CUP #04-18, specifically, violation of Conditions #1 and #7
of the CUP. With respect to condition #1, to date, there is no record of a building permit
application or approval for the picnic shelter, two stages, and additional seating for the
restaurant. These additional uses are also a violation of Condition #7, which requires a
new CUP for expansion or modification of the use.”.
In accordance with Section 165-103.03 of the Frederick County Zoning Ordinance, all
conditions of an approved Conditional Use Permit (CUP) shall be complied with. The
absence of a building permit for the two (2) stages, picnic shelter, and expansion of the
seating for the restaurant on the above-referenced property constitutes a violation of the
provisions of Section 165-103.03This office will allow thirty (30) days from receipt of
this letter to resolve these violations. Failure to comply with the Frederick County Zoning
Ordinance will result in a criminal complaint being filed against you.
You may have the right to appeal the above notice of violation within 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 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)(1), 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 the 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 by the BZA.
If you have any questions, contact me at 540-665-5651.
Zoning Administrator
cc: Mark Fleet, Building Official
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: November 15, 2022
Agenda Section: Public Hearings
Title: Variance #13-22 for 411 Victory Road, LLC
Attachments:
BZA11-15-22VAR13-22_Redacted.pdf
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VARIANCE APPLICATION #13-22
411 VICTORY ROAD, LLC
Staff Report for the Board of Zoning Appeals
Prepared November 4, 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:
November 15, 2022
Public Hearing; Action Pending
LOCATION: The property is located at 411 Victory Road, in Winchester.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-80H
PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District
Land Use: Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M1 (Light Industrial) Use: Industrial
South: M1 (Light Industrial) Use: Industrial
East: B2 (General Business) Use: Vacant
West: M1 (Light Industrial) Use: Industrial
VARIANCE REQUESTED: The Applicant is requesting a 3.8-foot rear yard variance to a required
25-foot rear yard setback which will result in a 21.2-foot rear yard setback, and a 2.9-foot side
yard variance to a required 25-foot side yard setback which will result in a 22.1 -foot side yard setback,
for a 4,267 sq. ft. accessory structure.
REASON FOR VARIANCE: The proposed use of this property for an accessory structure cannot
meet the M1 setbacks.
STAFF COMMENTS: This 2.48 +/- acre property that is surrounded by M1 zoned properties. A
17,680 sq. ft. building is located on the property currently. This proposed variance would allow the
applicant to construct an accessory structure. There are no other accessory structures where this
structure will be located. Staff would note the adjoining properties are owned by the applicant.
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Variance #13-22 – 411 Victory Road, LLC
Page 2
November 4, 2022
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 M1 (Light Industrial) Zoning District may be justified.
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64 A 80H
351VICTORY RD
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VICTORY RDApplication
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VAR # 13 - 22: 411 Victory Road, LLCPIN: 64 - A - 80HRear and Side Yard VarianceLocation Map
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