Loading...
BZAMinutes2023March21Board 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. 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. 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. 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