BZAAgenda2023August151.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of March 21, 2023
4.Public Hearings
4.A.Appeal #05-23 of Zoran and Angela Zaev
Submitted to appeal the Zoning Administrator's notice of violation dated June 15, 2023,
regarding the following violations at the property located on Loretto Drive (Route 1633)
Clear Brook, identified with Property Identification Number 34-9-1-27, in the Stonewall
Magisterial District:
Use of a recreational vehicle for full-time living (County Code §165-401.02);
Outdoor storage and processing not completely screened from road and street
right-of-way and adjoining properties (County Code §165-201.10);
Storage of inoperable motor vehicles not completely screened from public roads
and surrounding properties (County Code §165-204.11(C)); and
Storage of trash, rubbish, or garbage not in watertight, vermin proof containers
(County Code §165-204.11(D))
4.B.Variance #06-23 for Chad Greathouse
Submitted a request for a 33-foot right side yard variance to a required 100-foot side
yard setback which will result in a 67-foot right side setback for a single-family dwelling.
The property is located at 180 Cattail Road, Winchester, and is identified with Property
Identification Number 31-A-135 in the Gainesboro Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, AUGUST 15, 2023
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA08-15-23MeetingMinutesMarch21.pdf
BZA08-15-23APP05-23_Redacted.pdf
BZA08-15-23VAR06-23_Redacted.pdf
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5.Other
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 15, 2023
Agenda Section: Meeting Minutes
Title: Minutes of March 21, 2023
Attachments:
BZA08-15-23MeetingMinutesMarch21.pdf
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Board of Zoning Appeals 1875
March 21, 2023
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 March 21, 2023.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee
District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; Dudley Rinker, Back
Creek District; and Ronald Madagan, Member at Large.
ABSENT: James Prohaska, Opequon 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.
Chairman Lowman asked if there are any applications for April. Mr. Cheran stated yes, an appeal
to reserve the applicant’s rights. There will be no April meeting.
On a motion made by Mr. Cline and seconded by Mr. Scott, the minutes for the December 20,
2022, meeting were unanimously approved as presented.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Mr. Cheran came forward to open the floor for nominations for Chairman. Mr. Cline made a
motion to nominate Mr. Lowman and Mr. Madagan seconded the motion. The floor was closed
for nominations. The vote was unanimous for Mr. Lowman as the Chairman.
Mr. Cheran opened the floor for nominations for Vice-Chairman. Mr. Madagan made a motion to
nominate Mr. Rinker and Mr. Shenk seconded the motion. The floor was closed for nominations.
The vote was unanimous for Mr. Rinker as the Vice-Chairman.
Mr. Cheran opened the floor for nominations for Secretary. Mr. Scott made a motion to nominate
Mrs. Deeter and Mr. Lowman seconded the motion. The floor was closed for nominations. The
vote was unanimous for Mrs. Deeter as the Secretary.
Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of
the month. Mr. Shenk made a motion to keep the Board of Zoning Appeals meeting time at 3:30
p.m., on the third Tuesday of the month. Mr. Scott seconded the motion, and the vote was
unanimous.
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Board of Zoning Appeals 1876
March 21, 2023
Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion
by Mr. Rinker and seconded by Mr. Madagan the Bylaws were unanimously approved as
presented.
PUBLIC HEARING
Chairman Lowman read the Variance #01-23 for Donald Lang and Mandy Lang, submitted a
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.
Mr. Cheran came forward to present his staff report. The property is located in Ridgefield
Subdivision and the parcel was created in 1980. Staff reiterated the setback request; 102 Woodtop
Court parcel is a corner lot and the property has two fronts along Woodtop Court and the setbacks
are 10-feet left side, 25-feet rear and 35-feet along Ridgefield Ave. A primary or accessory
structure has to meet the primary setback of a corner lot. The property owner is trying to build a
detached garage and the garage will be placed on an angle. This request is consistent with other
homes in the subdivision.
In conclusion, Staff recited The Code of Virginia 15.2-2309 (2) and the Code of Frederick County
165-1001.2. A variance cannot be granted unless the application meets the below 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.
Mr. Cheran mentioned that the applicant meets the requirements, and the variance may be justified.
A board member inquired about a survey. Mr. Cheran stated, yes one would be needed.
The Applicant, Mr. Donald Lang came forward to answer any questions. Mr. Lang mentioned that
a survey was submitted with the building permit.
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Board of Zoning Appeals 1877
March 21, 2023
Chairman Lowman explained that two surveys would be required. He suggested that the surveyor
set corner pins before constructing the foundation and then another as built survey will be done at
the end of the project.
OPENED PUBLIC COMMENT
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
CLOSED PUBLIC HEARING
A board member stated that he visited the site and that it would fit in with the neighborhood.
On a motion made by Mr. Madagan to approve as presented and seconded by Mr. Scott, Variance
Request #01-23 for Donald Lang, was unanimously approved.
PUBLIC HEARING
Chairman Lowman read the Variance #02-23 for Chad Greathouse 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 at 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.
Mr. Cheran came forward to present his staff report. He stated the property is vacant and zoned
RA (Rural Areas) District. The property is 1.052-acres; with the size of the property and the
topographic nature, the parcel cannot meet the current setbacks.
At the time of recordation, no building restriction lines were assigned. In 1967, the property was
zoned A-1: The property setback line at the adoption of the Ordinance was 35-feet for the front,
35-feet for the side yards and 35-feet for the rear. In 1989, the Ordinance was amended and the
A-1 District changed to RA (Rural Areas) District. On February 28, 2007, the Board of
Supervisors changed the building restriction lines in the RA District. The current setback for RA
District is 60-feet for the front, 100-feet to the rear, and 100-feet left and right-side yards.
In conclusion, Staff recited The Code of Virginia 15.2-2309 (2) and the Code of Frederick County
165-1001.2., a variance cannot be granted unless the application meets the below criteria.
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.
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Board of Zoning Appeals 1878
March 21, 2023
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 mentioned that the applicant meets the requirements of The Code of Virginia 15.2-
2309 (2) and the Code of Frederick County 165-1001.2. The variance may be justified.
The Applicant, Mr. Chad Greathouse came forward to answer any question. Mr. Greathouse gave
the history of the parcel. The property was in the family, and he purchased it approximately 20
years ago. The Applicant planned to put a 750 sq foot, two bedroom dwelling on the property.
OPENED PUBLIC COMMENT
Chairman Lowman opened the floor to anyone in favor or opposition to come forward.
Misty Miller came forward; she is the adjoining property owner. Ms. Miller needs clarification on
the building restriction line. Mr. Cheran explained there were no building restriction lines on the
plat when it was recorded. Staff stated that they would have to go by the current setbacks as of
today. Unfortunately, Mr. Greathouse cannot meet today’s setback, so the Applicant needed to
apply for a variance. Ms. Miller had a concern about a structure that is believed to be on her
property. Ms. Miller would like to speak with Mr. Greathouse at the conclusion of the meeting.
CLOSED PUBLIC COMMENT
A board member commented that there is only one place on that parcel to place a dwelling.
Another board member mentioned that restriction was placed on the parcel from the Health
Department.
On a motion made by Mr. Shenk to approve as presented and seconded by Mr. Madagan, Variance
Request #02-23 for Chad Greathouse, was unanimously approved.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 15, 2023
Agenda Section: Public Hearings
Title: Appeal #05-23 of Zoran and Angela Zaev
Attachments:
BZA08-15-23APP05-23_Redacted.pdf
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APPEAL #05-23
ZORAN ZAEV & ANGELA ZAEV
Staff Report for the Board of Zoning Appeals
Prepared: August 2, 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:
August 15, 2023
Public Hearing Action Pending
LOCATION: The subject property is located at Loretto Drive (Rt 1633) Clear Brook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 34-9-1-27
PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District
Land Use: Outdoor storage and processing (Illegal use)
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
APPEAL: To appeal the notice of violation, as to Frederick County Zoning Ordinance, Chapter 165,
Section 165-401.02: Permitted uses RA District
Section 165-201.10(A): Outdoor storage and processing
Section 165-204.11(C): Inoperable vehicles and trailers
Section 165-204.11(D): Trash dumping.
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ZONING ADMINISTRATOR DETERMINATION: A notice of violation dated June 15, 2023,
from the Zoning Administrator, states that the Owner is maintaining uses on his property that are not
permitted within the RA Zoning District. The violations of the Frederick County Zoning Ordinance
are:
Use of a recreational vehicle (RV) for full-time living on the above-referenced property is not
allowed use in the RA (Rural Areas) Zoning District under Section 165-401.02. An RV is defined
as:
A. Built on a single chassis.
B. Four hundred square feet or less when measured at the largest horizontal projection.
C. Designed to be self-propelled or permanently towable by a light-duty truck; and
D. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational camping, travel, or seasonal use.
Pursuant to Section 165-204.11(C) of the Frederick County Code prohibits the storage of unscreened
inoperable vehicles unless specifically allowed by applicable provisions of the Frederick County
Code. The above-referenced property is in the RA (Rural Areas) Zoning District and no provision of
the Frederick County Code, applicable to the above-referenced property, allows the storage of
unscreened inoperable vehicles in that zoning district.
An inoperable vehicle is defined in Section 165-101.02 of the Frederick County Code as any motor
vehicle, trailer, camping trailer, or semitrailer, which is not in operating condition, or which has been
partially or totally disassembled by the removal of tires and wheels, the engine or other essential
parts required for operation of the vehicle. Vehicles, trailers, camping trailers, and semi-trailers shall
also be considered inoperable if they do not display a valid license plate or valid inspection decal.
Pursuant to Section 165-204.11(D) of the Frederick County Zoning Ordinance, prohibits the storage of trash, rubbish, or garbage outside of watertight, vermin proof containers, unless at a legal landfill
or trash heap.
Pursuant to Section 165-201.10(A) of the Frederick County Zoning Ordinance, outdoor storage, the
outdoor storage or processing shall be completely screened from the view of the road and street
right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or
evergreen screen. (Enclosed NOV)
REASON FOR APPEAL: The Applicant states that the property is being used for agricultural use.
(Applicant letter enclosed)
STAFF COMMENTS: This property is a 4.31 +/- acre lot located within the Christo Rey
subdivision approved by Frederick County in 2005 and is zoned RA Zoning District. The Frederick
County Zoning Ordinance requires any land uses shall be limited to only the uses that are
specifically allowed within the zoning district that the property is located. All other uses not
expressly permitted are prohibited. The RA Zoning District allows for agricultural operations.
The applicant applied for Agricultural Exemption under the Virginia Uniform Statewide Building
Code Section 102.3 (“Building Code”) to be exempted from the Building Code. The Frederick
County Building Official, on October 26, 2016, granted an exemption for two (2) buildings for
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storage of farm supplies. The applicant again applied for an exemption for orchard produce
processing/pavilion. The Frederick County Building Official, on June 17, 2017, granted an
exemption for this pavilion. The applicant claimed to have an orchard of 150 trees. There is no clear
evidence of an agricultural use/farm use on the property.
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,
as noted in the NOV the uses on this property are not associated with an bona fide agricultural use.
STAFF CONCLUSIONS FOR THE AUGUST 15, 2023 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 as noted in the NOV.
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34 9 1 27
103COMFORTER LN
110LORETTO DR
111CHRISTOREY DR
105LORETTO DR
103LORETTO DR
108CHRISTOREY DR
115CHRISTOREY DR
118CHRISTOREY DR
114CHRISTOREY DR
COMFORTER LN
CHRISTO REY DR
LORETTO DRApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 25, 202 3
SIR JOHNS RD
C H R IS T O R E Y D R
SANTA MARIA DRLORETTO DRKNOCK LN
0 210 420105 Feet
BERKELEYCOUNTYWEST VIRGINIA
APP # 05 - 23: Zoran and Angela ZaevPIN: 34 - 9 - 1 - 27Appeal Zoning Administrator DecisionZoning Map
APP #05-23
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 15, 2023
Agenda Section: Public Hearings
Title: Variance #06-23 for Chad Greathouse
Attachments:
BZA08-15-23VAR06-23_Redacted.pdf
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VARIANCE APPLICATION #06-23
CHAD GREATHOUSE
Staff Report for the Board of Zoning Appeals
Prepared August 1, 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:
August 15, 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 33-foot right side yard variance to a
required 100-foot right side yard setback which will result in a 67-foot right side 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
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Variance #06-23 – Chad Greathouse
Page 2
August 1, 2023
for the rear yard. County amended its Ordinance in 1989 to change the A-1 Zoning District to the
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 33-foot right yard from the required 100-foot right yard
setback resulting in a 67-foot right 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 67-feet and rear yard 100-feet.
STAFF CONCLUSIONS FOR THE AUGUST 15, 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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31 A 135
325MOUNTAINLAUREL
1879CEDARGROVE RD
221CATTAIL RD
204CATTAIL RD
CAT
T
AI
L
R
DApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: July 25, 202 3
CATTAIL RD
CEDAR GROVE RDM O U N T A I N L A U R E L L N
CECIL LN
0 80 16040 Feet
VAR # 06 - 23: Chad GreathousePIN: 31 - A - 135Right Side Yard VarianceZoning Map
VAR #06-23
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