BZAAgenda2023March211.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of December 20, 2022.
4.Election of Officers and Adoption of Bylaws
4.A.Election of Officers and Adoption of Bylaws
5.Public Hearings
5.A.Variance #01-23 for Donald Lang and Mandy Lang - Mr. Cheran
Submitted request for a 19-foot front yard variance to a required 35-foot front yard
setback which will result in a 16-foot front setback and 28-foot front yard variance to a
required 35-foot front yard setback which will result in a 7-foot front setback for an
accessory structure. The property is located at 102 Woodtop Court, Stephens City, and
is identified with Property Identification Number 85C-1-2-54 in the Opequon Magisterial
District.
5.B.Variance #02-23 for Chad Greathouse - Mr. Cheran
Submitted request for a 37-foot side yard variance to a required 100-foot side yard
setback which will result in a 63-foot side setback for a single-family dwelling. The
property is located North Frederick Pike (Rt. 522N) to Cedar Grove Road (Rt. 654) to
Cattail Road (Rt. 731) on the left and is identified with Property Identification Number
31-A-135 in the Gainesboro Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, MARCH 21, 2023
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA03-21-23Minutes2022December20.pdf
BZA03-21-23ElectionofOfficers_AdoptionofBylaws.pdf
BZA03-21-23VAR01-23_Redacted.pdf
BZA03-21-23VAR02-23_Redacted.pdf
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6.Other
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: March 21, 2023
Agenda Section: Meeting Minutes
Title: Minutes of December 20, 2022.
Attachments:
BZA03-21-23Minutes2022December20.pdf
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Board Zoning Appeals
December 20, 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 December 20, 2022.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee
District; Dwight Shenk, Gainesboro District; Reginald Shirley, III, Opequon 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 January. Mr. Cheran stated yes, the cut-
off is December 22, 2022.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the November 15,
2022, meeting were unanimously approved as presented.
Chairman Lowman proceeded with swearing in of The Appellant’s Attorney, Brian Prater, and
Zoning Administrator Cheran. Chairman Lowman went over the rules of the meeting and how
citizen should conduct themselves. He mentioned that a timer will be set for 3 minutes for each
citizen’s comments.
PUBLIC HEARING
Chairman Lowman read the Appeal #12-22 for West Oaks Farm Market, LLC., submitted to
appeal a Notice of Violation (NOV) alleging that West Oaks Farm Market, LLC (the “Appellant”)
violated the Frederick County Zoning Ordinance, Chapter 165, Section 103.03: Conditions. The
NOV dated September 8, 2022, from the Zoning Administrator, stated that the Owner is in
violation of a Conditional Use Permit (CUP #04-18, the “CUP) for the property located at 4305
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December 20, 2022
Middle Road, Winchester, identified with Property Identification Number 74-A-3, in the Back
Creek Magisterial District.
The Zoning Administrator noted that there was a lot of press and social media attention
surrounding this appeal. The Zoning Administrator stated that eComments and emails were
forwarded to the Board of Zoning Appeals (the “Board”) and copies are in the file folder.
The Zoning Administrator came forward and presented his staff report. This property at 4305
Middle Road, Winchester in the Back Creek Magisterial District is in the RA (Rural Areas) Zoning
District.
Staff stated the Appellant is appealing the NOV issued by the Zoning Administrator. The Zoning
Administrator mentioned that the Appellant was sent a letter that he was in violation of the CUP
#04-18 for the property.
Staff gave the definition of special event facility. The CUP was approved on May 9, 2018, for a
special event facility and restaurant. The Appellant agreed to the following conditions for the
approval of the CUP #04-18:
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.
The Zoning Administrator stated that a complaint was made about a stage that was constructed
and being used for outdoor music events with a picnic shelter also used for these events. Staff
visited the property and discovered that two stages were constructed and that the picnic shelter was
being used for outdoor seating with a bar. Also, the seating within the picnic shelter was noted to
be additional outdoor seating for the patio area of the restaurant. The Appellant was cited in the
NOV for violating conditions #1 and #7 of the CUP. Staff noted that the Appellant’s stated reason
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December 20, 2022
for appeal was that West Oaks Farm is exempt from Conditional Use Permit requirements under
Virginia’s broad and protective agritourism legislation.
Staff further noted that the Appellant postponed the Appeal on November 15. During the time
from November 15 to November 29, 2022, a stop work order was issued by the Frederick County
Department of Public Works. The stop work order prevented the Appellant from further clearing
their property for the expansion of parking lot as Frederick County issued no permit for this work.
The general overview that was provided by West Oaks shows that the maximum number of
attendees on the property is 275, and that the gravel parking areas support parking for more than
125 vehicles, with additional parking in the grassy areas.
Staff concluded by requesting that the Board affirm the decision of the Zoning Administrator in
the administration of the Frederick County Zoning Ordinance, Section 165-103.03: Conditions.
A board member asked does the CUP go with the property? Staff replied that, usually, yes. Once
the Appellant submits the sketch plan, that is what the CUP is based on. Another question from
the Board asked whether the Appellant could apply for an expansion of the CUP? Staff said yes,
and if the Appellant had applied for a CUP extension, the County would have held off on pursuing
the NOV until the Board of Supervisors decided the matter. A board member asked for
clarification, stating that if the Appellant built a machine shop somewhere on the property, the
Appellant wouldn’t need a permit. The Zoning Administrator said that the board member is correct
because that would be used as a part of the farm.
Mr. Brian Prater with Walsh & Colucci, representing the Appellant, came forward on behalf of the
Appellant. The Appellant stated that the West Oaks Farm Market has 200 acres operational farm
and has ties to the community. Further, the West Oaks Farm Market offers recreational activities,
education activities, and agritourism which promotes the rural area of the County. The Appellant
believes that it is following the provisions of the Virginia Code that govern agritourism. The
Appellant hopes that the Board will overturn the Zoning Administrator’s decision on the
violations.
The Appellant pointed out that Condition 1 states all review agency comments shall be complied
with at all times. The NOV refers to Condition 1 where no building permits were obtained for the
structures that were built. The Appellant disagrees that their actions constitute a violation of this
condition.
Mr. Prater pointed out that Condition 7 states that any expansion or modification of the uses
approved in the CUP will require the approval of a new CUP, and that the new uses or expansion
of the existing uses require a new CUP. The Appellant disagrees that their actions constitute a
violation of this condition.
The Appellant noted that the Commonwealth of Virginia has existing laws on agritourism. The
Appellant stated they believe that as long as the property is zoned agricultural and is an operational
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Board Zoning Appeals
December 20, 2022
farm, the state legislation makes it clear that no locality may require a special permit or building
permit for activities or structures on such property; this would include the two stages and expansion
of the restaurant seating. The Appellant stated that the stages, or so-called gazebo, are used for
educational activities and the storage of farms products which fall under the state agritourism laws,
making the structures farm exempt from permitting. The Appellant also noted that the stages or
so-called gazebo are additionally used for live entertainment, which the Appellant states is
permitted under the state agritourism laws, and so the locality should not try to regulate that
activity.
The Appellant noted that the sketch plan they submitted during the CUP process shows that the
picnic area and the concrete pad were planned when the CUP was approved in 2018, so the
Appellant shouldn’t need a building permit now since the building official signed off on the agency
comment sheet.
The Appellant stated that it has tried to address the concerns of the neighbors by putting a speed
limit sign up, closing early, putting up apple crates to alleviate the lights from cars, upgrading the
road because of the dust, and holding community meetings.
The Appellant concluded with a statement asking the Board to overturn the decision of the Zoning
Administrator because this farm is promoting agritourism for the County and the NOV is invalid
under the state agritourism laws.
A board member asked what are the hours of operation for the farm market and what hours are
bands active? The Appellant replied that the seasonal farmers market hours are Monday through
Saturday 8 a.m. to 6 p.m. and Sunday 12 p.m. to 6 p.m. and the stages or so-called gazebo can be
used from 8 a.m. to 10:30 p.m. Mr. Prater also noted under state law there is no time frame as to
when agritourism entertainment ends.
A board member noted concern for the neighbors and the impact of the music. A board member
noted that Virginia Code § 15.2-2288.6 (C) addresses the music. It states it must be substantial
impact on health, safety, and general welfare of the public. The Appellant states that would be
something for the Courts to decide and that the County would need to provide proof.
Opened Public Comment
A number of residents spoke on behalf and in favor of West Oaks Farm Market’s appeal.
A couple of residents spoke in opposition of the West Oaks Farm Market.
Closed Public Comment
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Board Zoning Appeals
December 20, 2022
The County Attorney Rod Williams came forward on behalf of the County. The County stated it
supports agriculture, however this appeal is not about agriculture in the County, but about the
Appellant not following the terms of the CUP. The County stated that the Appellant’s uses go
beyond what the CUP allows.
The State and County both promote the health, safety, and welfare of public. The Appellant
applied for building permits with the CUP in May 2018 and the Building Official signed off on
the comment sheet. The County stated that when staff visited the property, the Appellant was not
following the conditions of the CUP and so was cited for: unpermitted construction of two stages;
unpermitted or approved use of a picnic shelter for outdoor seating, including a bar; and
unapproved additional outdoor restaurant seating. The County stated that in the CUP, Condition#1
states that all review agency comments shall be complied with at all times. The Building Office
had no knowledge of the construction or expansion of the structures because it was not indicated
on the sketch plan that was submitted to the County during the CUP proceeding, and no building
permit was issued for the construction or expansion. The County mentioned, the restaurant was
expanded with the addition of the outdoor bar as, per to the Virginia Code, you must have a
restaurant in order to apply and be issued a license to serve alcohol. The creation of the outdoor
bar then must be connected to the restaurant, so must be an expansion of the restaurant, which
violates Condition #7. The County noted that at events on the property, citizens are using the
stages. The County noted this could be hazardous and jeopardize the citizens’ health, safety, and
welfare because the stages were never inspected. The County noted that the Virginia Code allows
localities to step in when there is substantial impact that would jeopardize the health, safety and
general welfare of the pubic.
The County gave the definition of agritourism. A portion of the definition states that the
agritourism activities that a farm or ranch carries out must allow members of general public to
view rural activities. The County also mentioned, by way of example, that in 2018, the General
Assembly specifically included the activity of horseback riding into the definition of agritourism,
but the General Assembly did not add concerts to the list of uses for agritourism. The County then
stated that having a band playing is not agritourism under the Virginia Code.
The County compared West Oaks Farm brochure to another farm market brochure. West Oaks
Farm scheduled 78 music events starting from May to October at 5 p.m. to 10 p.m., while the other
farm market had one weekend with music from 1 p.m. to 4 pm. The County stated that there must
be a limit as to what is considered an agritourism activity. The Attorney General has issued an
opinion that operational farms don’t need to get a building permit if the structure is used
infrequently; however, seventy-eight events are not infrequent. The County noted that on the
Appellant’s brochure it states it is a grill and bar that is not part of a farm. West Oaks Farm charges
a cover fee with no food or drinks allowed. The County also reads the allowed uses for
Agritourism.
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Board Zoning Appeals
December 20, 2022
The County said in closing, it is the County’s opinion that the Zoning Administrator made the right
decision about the NOV, and asked that Board uphold the Zoning Administrator’s decision.
A board member asked what does the CUP cover; is the CUP for the whole parcel or just the event
center? The County replied that it is for the event center and outside the event center. The purpose
of the CUP was for an event center and a restaurant. The bar and stages are an expansion of the
restaurant which was not covered in the original CUP. The County also mentioned there is a power
line that has been run to the bar and that with no inspection, this could comprise the safety of
Appellant’s cliental.
A board member mentioned that he sells farm supplies and suggested that the Appellant apply for
permits and get the power line inspected. The County replied that no one has asked for a permit
or inspection. A board member said that any constructed structure for general public should be
inspected because of safety concerns.
Chairman Lowman stated that this is only about the CUP. The County said that is correct.
Chairman Lowman clarified the state legislation with the County. The County stated that is handed
down to the locality.
A board member ask what the scenario would be if the Board were to uphold the Zoning
Administrator’s decision. The County noted that the violation would stay in place and would be
enforced, and Appellant could proceed through the court system if they desired. The County
mentioned if the Board overturned the decision of Zoning Administrator the County would have
make a decision as to whether or not to appeal that decision and no enforcement action would
immediately take place.
The Appellant came forward to give its closing. The Appellant stated that the General Assembly
has expressed authority as to what the County can regulate. If the violation was for noise, then
there should be a noise ordinance violation. This is about violation of the CUP conditions. The
CUP only covers the special event facility and the restaurant. The Appellant stated that the other
activities are agritourism and are permitted. The Appellant also noted that the Appellant has
purchased additional exhibits for educational purposes to be placed on the gazebo.
CLOSED PUBLIC HEARING
Discussion
A board member said that anything that the public is going to be using should be permitted due to
safety concerns. If there is a violation about noise, the noise must be amplified and there has to be
a noise ordinance in place first to regulate noise. A suggestion would be to move the stage around
back and see if noise is eliminated. In everything he read, he thinks the County cannot regulate
the activities.
A board member said that CUP conditions should be followed.
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December 20, 2022
Most members support agritourism but the safety of individuals in the unpermitted structures
should be a concern to Appellant. Several board members said to get a permit and inspect the
structure. A suggestion was given that traffic should go in one way then go out another way.
The Zoning Administrator clarified that just getting a permit and inspection will not clear up the
NOV. The Appellant needs to come in and apply for CUP expansion of the restaurant with the
stage. Then when approved, the County would sign off on the building permit. The Appellant is
allowed to have the indoor restaurant, with occupancy of up to 49 people, and the special event
facilities, with occupancy up to 275 people.
The County mentioned that the Board could put conditions on this appeal.
Mr. Rinker made a motion to overrule the notice of violation subject to the Appellant’s removal
of the temporary bar structure in the picnic shelter and to have those structure that were
referenced in the violation permitted and inspected within 120 days; this was seconded by Mr.
Shank.
The majority vote was as follows.
Yes, voting to overturn Zoning Administrator decision, with the conditions: 6.
No, voting to uphold the Zoning Administrator decision: 1.
The meeting adjourned at 6:30.
___________________
Eric Lowman, Chairman
____________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: March 21, 2023
Agenda Section: Election of Officers and Adoption of Bylaws
Title: Election of Officers and Adoption of Bylaws
Attachments:
BZA03-21-23ElectionofOfficers_AdoptionofBylaws.pdf
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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
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: March 14, 2023
________________________________________________________________________
ELECTION OF OFFICERS FOR 2023
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice-
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will: open the nominations; accept
nominations; close nominations; and vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2023
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals has held meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederick
County Administration Building.
BOARD OF ZONING APPEALS BYLAWS FOR 2023
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
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FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed March 21, 2023)
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
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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.
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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
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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.
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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.
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: March 21, 2023
Agenda Section: Public Hearings
Title: Variance #01-23 for Donald Lang and Mandy Lang - Mr. Cheran
Attachments:
BZA03-21-23VAR01-23_Redacted.pdf
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VARIANCE APPLICATION #01-23
DONALD LANG & MANDY LANG
Staff Report for the Board of Zoning Appeals
Prepared March 7, 2023
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:
March 21, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 102 Woodtop Court, Stephens City.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 85C-1-2-54
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West RP (Residential Performance) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 19-foot front yard variance to a required
35-foot front yard setback which will result in a 16-foot front yard setback and a 28-foot front yard
variance to a required 35-foot front yard setback which will result in a 7-foot front yard setback for an
accessory structure (detached garage).
REASON FOR VARIANCE: The size and front setbacks of a corner lot do not allow the
accessory structure to meet the current front setbacks.
STAFF COMMENTS: The property is located within the Ridgefield Subdivision that was created
1980. The property is a corner lot of 12,000 sq. ft. in size with two (2) fronts zoned RP (Residential
Performance). The setback for this property is 35-feet along Woodtop Court 10-feet left side, 25-feet
rear and 35-feet along Ridgefield Ave. Any primary or accessory has to meet the primary setback of a
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Variance #01-23 – Donald Lang & Mandy Lang
Page 2
March 7, 2023
corner lot. Any structure built in the front yard areas on this property must meet the 35-foot setback.
The Applicant is requesting a variance of 19-feet from the required 35-foot front yard setback
resulting in a16-foot front yard setback and a 28-foot front yard variance to a required 35-foot front
yard setback which will result in a 7-foot yard setback along Ridgefield Ave.to construct an
accessory structure (detached garage).
STAFF CONCLUSIONS FOR THE MARCH 21, 2023, 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 of the RP (Residential Performance) Zoning District may be justified.
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WOODTOP CTRIDG EFIELD A VEApplication
Sewer and Water Service Area
Parcels µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: February 14, 2023
RIDGE FIEL D AV E
GROVE CTOVERVI
EW CTWOODTOP CTMEADOWBROOK DR0 40 8020 Feet
85C-1-2-54
VAR # 01 - 23: Donald and Mandy LangPIN: 85C-1-2-54Front Yard Setback VarianceLocation Map
VAR #01-23
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301RIDGEFIELDAVE
101GROVE CT
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WOODTOP CTRIDG EFIELD A VEApplication
Sewer and Water Service Area
Parcels
RP (Residential Performance District)µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: February 14, 2023
RIDGE FIEL D AV E
GROVE CTOVERVI
EW CTWOODTOP CTMEADOWBROOK DR0 40 8020 Feet
85C-1-2-54
VAR # 01 - 23: Donald and Mandy LangPIN: 85C-1-2-54Front Yard Setback VarianceZoning Map
VAR #01-23
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: March 21, 2023
Agenda Section: Public Hearings
Title: Variance #02-23 for Chad Greathouse - Mr. Cheran
Attachments:
BZA03-21-23VAR02-23_Redacted.pdf
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VARIANCE APPLICATION #02-23
CHAD GREATHOUSE
Staff Report for the Board of Zoning Appeals
Prepared March 7, 2023
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:
March 21, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 180 Cattail Road (Rt.731), Winchester.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31-A-135
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 37-foot side yard variance to a required
100-foot rear yard setback which will result in a 63-foot rear yard setback for a single-family dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA Zoning
District due to the size and topographic of the property.
STAFF COMMENTS: The property is 1.052 +/- acres in size and currently zoned RA (Rural
Areas). This property 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-1 (Agricultural Limited) in 1967. The property setback lines
at the adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards and 35-feet
for the rear yard. County amended its Ordinance in 1989 to change the A-1 Zoning District to the
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Variance #02-23 – Chad Greathouse
Page 2
March 7, 2023
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 37-feet from the required 100-feet rear yard setback
resulting in a 63-foot rear 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 100-feet, right side
yard 100-feet and rear yard 63-feet.
STAFF CONCLUSIONS FOR THE MARCH 21, 2023 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 of the RA (Rural Areas) Zoning District may be justified.
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221CATTAIL RD
1879CEDARGROVE RD
204CATTAIL RD
CAT
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 28, 2023
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CECIL LN
0 50 10025 Feet
31-A-135
VAR # 02 - 23: Chad GreathousePIN: 31-A-135Side Yard Setback VarianceLocation Map
VAR #02-23
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