BZAAgenda2023December191.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of August 15, 2023
4.Public Hearings
4.A.Variance #09-23 for Jeannette Shaffer
Submitted a request for a 25-foot left yard variance to a required 50-foot left yard
setback which will result in a 25-foot left side setback, and a 25-foot right yard variance
to a required 50-foot right yard setback which will result in a 25-foot right side setback
for a dwelling. The property is located on Woods Mill Road (Route 660) south of 840
Woods Mill Road and is identified with Property Identification Number 55A-1-10 in the
Stonewall Magisterial District.
4.B.Variance #10-23 for Jenna Hawkins and Patrick Snarr
Submitted a request for a 4.5-foot right side yard variance to a required 5-foot right side
yard setback which will result in a 0.5-foot right side setback for an accessory structure.
The property is located at 208 Stafford Drive, Winchester and is identified with Property
Identification Number 54E-5-A-25 in the Red Bud Magisterial District.
4.C.Variance #11-23 for Javier Ventura (purchaser) and Pedro Jose (seller)
Submitted a request for a 35-foot left side yard variance to a required 60-foot left side
yard setback which will result in a 25-foot left side yard setback, a 25-foot right side
yard variance to a required 50-foot right side yard setback which will result in a 25-foot
right side yard setback, and a 35-foot front yard variance to a required 60-foot front yard
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, DECEMBER 19, 2023
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA12-19-23MeetingMinutesAugust15.pdf
BZA12-19-23VAR09-23_Redacted.pdf
BZA12-19-23VAR10-23_Redacted.pdf
1
setback which will result in a 25-foot front yard setback for a dwelling. This property is
located on East Parkins Mill Road (Route 644), proceed to the end of the street, the
property is on the right. The property is identified with Property Identification Number
77-A-57 in the Shawnee Magisterial District.
5.Other
BZA12-19-23VAR11-23_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 19, 2023
Agenda Section: Meeting Minutes
Title: Minutes of August 15, 2023
Attachments:
BZA12-19-23MeetingMinutesAugust15.pdf
3
Frederick County Board of Zoning Appeal 1879
August 15, 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 August 15, 2023.
PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Shawnee District; Dwight
Shenk, Gainesboro District; John Cline, Stonewall District; Dudley Rinker, Vice-Chairman, Back
Creek District; James Prohaska, Opequon District and Ronald Madagan, Member at Large.
ABSENT:
STAFF PRESENT: Mark Cheran, Zoning Administrator; Bryton Dean, Zoning Inspector; 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.
On a motion made by Mr. Rinker and seconded by Mr. Cline, the minutes for the March 21, 2023,
meeting were unanimously approved as presented.
On a motion made by Mr. Scott and seconded by Mr. Shenk with a unanimous vote, the Board
determined that that Variance #06-23 for Chad Greathouse be heard first and then Appeal #05-23
for Zoran Zaev and Angela Zaev second.
PUBLIC HEARING
Chairman Lowman read the Variance #06-23 for Chad Greathouse for 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
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. Mr. Cheran mentioned that Mr. Greathouse
was before this Board on March 21, 2023, requesting a variance and was acted on. The applicant
will explain why he is here again. Staff stated the property is zoned RA (Rural Areas). The
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Frederick County Board of Zoning Appeal 1880
August 15, 2023
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.
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 Variance request meets the Frederick County Code and the Code of
Virginia. This structure would be consistent with the district and setbacks may be justified.
The Applicant, Mr. Chad Greathouse came forward and explained that he is here today asking for
another variance due to the front of the house being towards the road. Mr. Greathouse admitted
that he measured incorrectly for the variance. Upon, realizing that he contacted the Planning
Department and began working with Staff to correct the mistake.
OPENED PUBLIC COMMENT
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Discussion
CLOSED PUBLIC HEARING
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Frederick County Board of Zoning Appeal 1881
August 15, 2023
On a motion made by Mr. Shenk to approve as presented and seconded by Mr. Rinker, Variance
Request #06-23 for Chad Greathouse was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Appeal #05-23, for Zoran Zaev and Angela Zaev the variance was
submitted by Zoran Zaev and Angela Zaev, in response to the Zoning Administrator’s notice of
violation dated June 15, 2023, regarding the property located at Loretto Drive (Route 1633) Clear
Brook, identified with Property Identification Number 34-9-1-27, in the Stonewall Magisterial
District.
Chairman Lowman swore in six citizens that would be speaking on the Appeal #05-23 Zoran Zaev
and Angela Zaev.
Mr. Cheran came forward to present the staff report. Staff stated that Christine Dzujna, with Farm-
to-Consumer Legal Defense, Fund is remotely on the line. Staff presented maps of the parcel and
stated this parcel is in Christo Rey Subdivision in Stonewall magisterial district which the zoning
district is RA (Rural Areas). The adjoining properties are zoned RA.
On June 15, 2023, the Applicant was cited for a violation in regard to The Frederick County Zoning
Ordinance Chapter 165, Section 502-04 Permitted uses and that the Owner is maintaining uses on
his property that are not permitted within the RA District. The violations are 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 screen from public roads and
surrounding properties (County Code § 165-204.11(C)); and Storage of trash, rubbish, or garbage
not in watertight, verminproof containers (County Code § 165-204.11(D)).
Staff noted that the Christo Rey subdivision was approved in 2005 and the final plats approved
2007. The lot is 4.31 acres within the subdivision. The ordinance requires any land uses shall be
limited to only the uses that are specifically allowed within that zoning district. The RA District
allows for agricultural operations.
Mr. Cheran said, the applicant applied for two exemptions under the Virginia Uniform Statewide
Building Code Section 102.3 which means the applicant would be exempt from building codes.
Before issuance of exemption the Building Official does a site visit at that time the parcel was for
an orchard. On October 26, 2016, two exemptions were granted for two buildings for storage of
farm supplies. Then June 17, 2017, another exemption was granted again for a
pavilion/processing.
A certified violation letter was mailed to the applicant. Mr. Zaev replied back to the Notice of
Violation. Mr. Zaev is challenging the permitted uses violations. (Letter in agenda packet)
Section 165-401.02 Staff stated the Frederick County Zoning Ordinance states that recreation
vehicle (RV) for full time occupancy is not an allowed use on that property. RV camping is allowed
at campgrounds with an approved Conditional Use Permit.
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Frederick County Board of Zoning Appeal 1882
August 15, 2023
Section 165-201.10(A) The Frederick County Zoning Ordinance requires outdoor storage, the
outdoor storage or processing shall be completely screened from the view of the road or street
right-of-way and surrounding properties by a six-foot tall opaque fence, berm, wall or evergreen
screen.
Section 165-204.11( C) Mr. Cheran said, the Zoning Ordinance prohibits the storage of unscreened
inoperable vehicles unless specifically allowed by applicable provisions of the County Code. This
District has no provision for the storage of unscreened in operable vehicles.
Section 165-204.11(D) Staff stated, the Ordinance prohibits the storage of trash, rubbish, or garage
outside of watertight, vermin proof containers, unless at a legal landfill.
Staff presented the progression of the property in photos from different years. The Applicant
requested an exemption form for orchard and processing/pavilion. That Applicant states he has
150 orchard trees. There is no clear evidence of agricultural use or farm use on property.
Mr. Cheran stated that the Applicant now has a sawmill at his property and is processing the wood
for mulch and boards. Mr. Cheran mentioned there are two types of sawmills in the County. Type
A sawmill is harvesting the tree from your property. Type B sawmill is with a conditional use
permit that allows you to have wood delivered to the parcel. At the time the Zoning Inspector
visited the property, the Applicant told him that he has wood brought to his property and then he
processes the wood.
Staff noted that two eComments came in not in favor of Mr. Zaev. The neighbors have taken
photos and are similar to what County GIS maps show. Also, if there are any questions, we have
the Building Official, Zoning Inspector and County Attorney present.
Mr. Cheran states that the Board must affirm or overrule the decision of the Zoning Administrator
as to Section 165-502.04 Permitted Uses, that the Applicant is maintaining uses on his property
that are not permitted.
Christine Dzujna commented that Mr. Zaev should give his presentation. Mr. Zaev came forward
to address each of the violations.
Mr. Zaev handed out a map and a letter addressing the notice of violation. He gave background
of his parcel. The property was purchased in 2012 for a regenerative and sustainable agriculture
homestead farm. We are using the principles of perma-culture farm which that means no tilling of
the ground. This type of farm means that no chemical is used for fertilizer and is fully natural
instead of fertilizers we use mulch. The applicant proceeds by saying we don’t use shingles,
metals, OSB or plywood because these products will release certain chemicals into the ground.
We planted approximately 150 fruit trees, nut trees and berry patches. It will take several years
before producing fruit. We applied in 2016 for a farm exemption form to construct two buildings
for the farm to be used for storage of farm supplies. The form was approved, and the buildings
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Frederick County Board of Zoning Appeal 1883
August 15, 2023
didn’t have to follow the building codes. Then we applied for another farm exempt in 2017 and
was granted for a pavilion/processing.
Mr. Zaev pointed out that 2019, a Zoning Inspector visited the property due to a complaint that he
was running a landscaping business off this property. The Zoning Inspector was educated about
our way of farming and explained why we have a sawmill. The farm uses instead of fertilizer
around are plants. The Applicant stated he does bring trees from other location but with this type
of farming we use lots of mulch. After explaining the operation of the farm, the Zoning Inspector
closed the file.
Then the Applicant addressed each violation:
1. RV (Recreational Vehicle)- The RV is allowed as accessory use in the Rural Areas District.
2. Inoperable vehicles- Our vehicle is operational. A neighbor does see tractors. Tractors are
not considered vehicles. Tractors are part of farming.
3. Trash-There is no miscellaneous trash everything on the property has a purpose. There are
some sticks in a pile which will be turned into mulch. There are chips of mulch on parcel
but that is not trash. This type of farming requires lots of mulch.
4. Outdoor Storage-There are no requirements for farmers to store lumber or supplies inside
a structure. Applicant compared his farm to a contractor storing lumber for new home.
5. Sawmill-A sawmill is an accessory to a farm. The sawmill is used for mulch and the mulch
is used for the farm. The lumber that is produced is used for farm building. Applicant
stated where the trees come from doesn’t matter.
Ms. Dzujna stated she is just a paralegal, and the attorney could not remotely attend the meeting.
Ms. Dzujna pointed out, two sections in Virginia law. That no state shall impose on agricultural
operation shall adopt an ordinance requiring a special use permit for agricultural activity. Also,
there is a no nuisance action. Ms. Dzujna pointed out that the neighbors purchased their property
after the Zaev’s farm was established.
Vice-Chairman Rinker asked about the processing of produces. The Applicant stated that was the
wording on the farm exempt paperwork. As of this time, the trees are young and not producing
any fruit. We might consider processing are fruits at a later time.
Mr. Williams, County Attorney came forward. I have some questions for Mr. Zaev. Mr. Zaev do
you have a sawmill onsite. Mr. Zaev confirmed yes.
Mr. Williams asked does your wood come from offsite. Mr. Zaev stated mostly yes.
County Attorney asked about the construction of buildings. Are the buildings for offsite? Mr.
Zaev said no the buildings are on the property. Mr. Williams ask how many buildings are
constructed. Mr. Zaev replied I have three. Two under construction and one is almost complete.
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Frederick County Board of Zoning Appeal 1884
August 15, 2023
Mr. Williams questioned do you need a sawmill for these buildings? Mr. Zaev stated I don’t buy
lumber from stores. Yes, I need the sawmill.
County Attorney asked Mr. Zaev when did you purchase the property? He replied 2012. Next,
Mr. Williams presented a recorded deed and would this be your deed of record for the property.
Mr. Zaev replied, I guess I haven’t reviewed the documentation for some time. Mr. Williams gave
Mr. Zaev time to review the documentation. County Attorney questioned, Mr. Zaev do you have
any doubts that this is not your deed of record. Mr. Zaev stated not a present time. Mr. Williams
asked Mr. Zaev to read a section of the deed. Mr. Zaev you agreed to the covenants at the time
you purchased the land. Mr. Zaev answered yes.
Mr. Williams addressed the letter from the Applicant’s legal representative stating that the
Applicant is not permanent living in the RV. Applicant stated that is correct. I am using the RV
as camping or seasonal stay over. County Attorney presented a deed of covenants to Applicant.
Mr. Zaev do you agree that this recorded Deed of Covenants paper which was referenced in the
deed. Mr. Zaev replied that is correct. Mr. Williams ask the Applicant to read a section pertaining
to residency of the parcel and to what was allowed use on the property. Mr. Williams stated the
covenant states no RV, mobile home, and etc., are allowed on the property. This is for single
family dwelling only. County Attorney ask Mr. Zaev to point out where does it state that he could
have a farm. Mr. Zaev replied to the covenant doesn’t have to say that the County Ordinance says
I can. County Attorney reiterated what are the allowed uses for that parcel. The deed and covenants
were put into the file and Mr. Williams said he didn’t print off the plat to the property.
Mr. Bryton Dean, Zoning Inspector, was questioned by Mr. William about the property. When
was your last visit to the property. Mr. Dean replied August 10. County Attorney inquired as what
Mr. Dean saw. Mr. Dean said I noticed stacks of lumber, mulch piles, tractors, chippers, trailers
and buildings under construction. Mr. Dean walked around the property and the Applicant pointed
out a fenced area for the fruit trees and explained the process of the farm. County Attorney inquired
as to how many trees. Mr. Dean gave approximately 50 to 100 trees.
Public Hearing
Chairman Lowman opened the floor to anyone in favor or opposition to come forward.
No one came forward to speak in favor. Chairman Lowman repeated in anyone in opposition to
come for to speak.
9
Frederick County Board of Zoning Appeal 1885
August 15, 2023
Mr. Steven Shupe came forward. He lives across the street from this parcel. He purchased his
property a year ago. According to the covenants, the parcel is for a single-family home. Mr.
Shupe said, I was under the impression that dwelling was going to be constructed but the neighbors
said this is not going to happen. The Applicant resides somewhere else. The RV showed up in
March.
Ms. Cindy Burns came forward to speak in opposition. They are living in the RV because I see
the lights on at night while walking the dog. There are several old tractors with grass growing
around it which I don’t think the tractors are operational. It appears that vehicles and lumber are
coming in daily.
Closed Public Hearing
Mr. Madagan has a question for Mark Fleet, Building Official for Frederick County. It is my
understanding that you need 5 or 6 acres and a farm exemption form to construct a building. Mr.
Fleet answered no. There is no such law in the State of Virginia.
Vice-Chairman Rinker inquired that the lumber that the Applicant has can that be used for a
dwelling. The Building Official replied no. Any residential home must have a stamp by a certified
lumber grade. Farm exemption they could use any type of lumber for farm buildings.
Mr. Cline asked if the sawmill was screened. Mark Cheran replied no.
Vice-Chairman Rinker ask is the RV for camping temporary. Mr. Zaev said yes. Vice-Chairman
asked do you live there 7 days a week. Mr. Zaev replied, we don’t live there 7 days a week. Vice-
Chairman asked if you don’t live there where do you reside. The Applicant said in WV. Vice-
Chairman inquired about the water and sewage. Mr. Zaev stated they bring water, and they have
a Virginia company that pumps the sewage every week. The Applicant stated that the Health
Department also inquired about the sewage. The Health Department was provided the contract
between the Zaev’s and Johnnie Blue.
Mr. Zaev in closing states that the Board should not be considering the covenants. He proceeded
with quoting a section of ordinance that the sawmill is an accessory to the farm. We will be
building a house but not sure of the timeline. We have inquired with the building office about
some of the lumber issues. The farm buildings will be built first before the dwelling.
The Applicant reiterated that the letter he provided to the board has the Code. He has addressed
each violation and states he is in compliance and the covenants should not be considered.
Christina Dzujna spoke, she agrees that the covenants are not relevant to this situation. She states
4 violations were in the notice of violation and Mr. Zaev has responded to each violation in his
letter.
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Frederick County Board of Zoning Appeal 1886
August 15, 2023
Discussion
None
Discussion Closed
Chairman Lowman explained to the Applicant that we are here today to see if the Zoning
Administrator interpreted the County Code and made the right decision about the notice of
violation.
On a motion made by Mr. Shenk on Appeal #05-23 for Zoran Zaev and Angela Zaev to uphold
the Zoning Administrator’s decision and seconded by Mr. Cline, unanimously to uphold Zoning
Administrator’s decision.
Chairman Lowman asked if there are any applications for September. Mr. Cheran stated no, the
cut-off is Friday.
On a motion by Chairman Lowman to adjourn meeting and second by Mr. Madagan at 4:55, the
Board adjourned.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
11
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 19, 2023
Agenda Section: Public Hearings
Title: Variance #09-23 for Jeannette Shaffer
Attachments:
BZA12-19-23VAR09-23_Redacted.pdf
12
VARIANCE APPLICATION #09-23
JEANNETTE SHAFFER
Staff Report for the Board of Zoning Appeals
Prepared December 6, 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:
December 19, 2023
Public Hearing; Action Pending
LOCATION: The property is located at Woods Mill Rd. (Route 660).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 55A-1-10
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: Vacant
West RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 25-foot left yard variance to a required
50-foot left yard setback which will result in a 25-foot left yard setback and a 25-foot right yard
variance to a required 50-foot right yard setback which will result in a 25-foot right yard setback for a
dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA Zoning
District due to the size of the property.
STAFF COMMENTS: The property is 1.2702 +/- acres in size and currently zoned RA (Rural
Areas). The property was created in 1950 and does not have Building Restriction Lines (BRL)
assigned to the parcel and would have to meet current RA (Rural Areas) District setbacks. Frederick
County adopted zoning in 1967. The Frederick County historical zoning map shows this property as
13
Variance #09-23 – Jeannette Shaffer
Page 2
December 6, 2023
being zoned A-2 (Agricultural General). The property setback lines at the adoption of the Zoning
Ordinance 35-feet for the front, 15-feet for the side yards and 35-feet for the rear yard. The County
amended its Ordinance in 1989 to change the A-2 Zoning District to the RA (Rural Areas) Zoning
District. The County 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 50-feet to the left
side yard and 50-feet to the right side yard.
Should this variance be approved the setbacks for this property would be front 60-feet, 25-feet right
and left side yard, and to the rear yard 100-feet.
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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.
14
55A 1 10
702WOODSMILL RD776WOODSMILL RD
830WOODSMILL RD
840WOODSMILL RD
849WOODSMILL RD
870WOODSMILL RD
878WOODSMILL RD
886WOODSMILL RD
896WOODSMILL RD
WOODS MILL RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 20, 2023WOODS MILL RDWOODS MILL DR0 110 22055 Feet
VAR # 09 - 23: Jeannette ShafferPIN: 55A - 1 - 10Left and Right Side VarianceZoning Map
VAR #09 -23
15
55A 1 10
702WOODSMILL RD776WOODSMILL RD
830WOODSMILL RD
840WOODSMILL RD
849WOODSMILL RD
870WOODSMILL RD
878WOODSMILL RD
886WOODSMILL RD
896WOODSMILL RD
WOODS MILL RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 20, 2023WOODS MILL RDWOODS MILL DR0 110 22055 Feet
VAR # 09 - 23: Jeannette ShafferPIN: 55A - 1 - 10Left and Right Side VarianceLocation Map
VAR #09 -23
16
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 19, 2023
Agenda Section: Public Hearings
Title: Variance #10-23 for Jenna Hawkins and Patrick Snarr
Attachments:
BZA12-19-23VAR10-23_Redacted.pdf
23
VARIANCE APPLICATION #10-23
JENNA HAWKINS & PATRICK SNARR
Staff Report for the Board of Zoning Appeals
Prepared December 6, 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:
December 19, 2023
Public Hearing; Action Pending
LOCATION: The property is located at 208 Stafford Drive, Winchester.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 54E-5-A-25
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 4.5-foot right-side yard variance to a
required 5-foot right-side yard setback which will result in a 0.5-foot right-side yard setback for a
detached garage.
REASON FOR VARIANCE: The applicant built a detached garage without a building permit
over the right-side setback of 5-feet.
STAFF COMMENTS: This property is part of the Frederick Heights subdivision which was
approved by Frederick County in 1961. Frederick County adopted zoning in 1967. The Frederick
County historical zoning map shows this property was zoned R2 (General Residential). Frederick
County amended its ordinance in 1989 to change the R2 Zoning District to the current RP
(Residential Performance) Zoning District. Setbacks for detached structures within the R2 and RP
24
Variance #10-23 – Jenna Hawkins & Patrick Snarr
Page 2
December 6, 2023
Zoning Districts at the adoption of the zoning ordinance were 5-feet side and the rear.
The Frederick County Building Department received a complaint on June 15, 2023, of a detached
structure being built on the property without a building permit. The applicant was cited by Frederick
County for building without a permit.
The applicant applied for a building permit (#1688) for a detached garage on property that is zoned
RP (Residential Performance) District. The minimum building setbacks for the detached structures
within the RP Zoning District are front 35-feet, 5-feet side and rear. The applicant’s building permit
had building setbacks of front N/A, right side 6-feet, left side 25-feet and the rear 8-feet. The zoning
ordinance requires any detached structure over 500 sq. ft. located at five (5) feet or less from any
minimum setback is required to submit a location survey.
The first setback survey submitted to Fredrick County on September 7, 2023, placed the structure at
5.8-feet on the right side, however the survey submitted did not meet the requirements of the Zoning
Ordinance. Furthermore, The Fredirick Zoning Section 165-201 H (2) requires a surveyor licensed in
the Commonwealth of Virginia to establish the location of a structure. The setback report was sealed
by a professional engineer and the report was altered. The report was rejected by the Zoning
Administrator. A second setback survey was required and submitted on October 17, 2023, placing
the structure at: Front 11.01-feet, Right 4.5-feet, Left 69.3-feet, and Rear 69.3-feet. (See
attachments)
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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.
25
Variance #10-23 – Jenna Hawkins & Patrick Snarr
Page 3
December 6, 2023
The strict application of the Frederick County Zoning Ordinance with regards to setbacks for
detached structures within the RP Zoning District, is not of a so general or recurring to make or
adopt a general regulation to amend the ordinance. This violation of the setback requirements
was self-inflicted, as the detached structure was constructed without a building permit.
26
54E 5 A 25
106MILAM DR
1775SENSENY RD
1783SENSENY RD
108MILAM DR
204STAFFORD DR
210STAFFORD DR
212STAFFORD DR
206STAFFORD DR
214STAFFORD DR
205STAFFORD DR 207STAFFORD DR 209STAFFORD DR
211STAFFORD DR
STAFFORD DR
Application
Sewer and Water Service A rea
Parcels
RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 20, 2023
SENSENY RDMILAM DRGREENWOOD RDSTAF FO RD D R
MASSIE DRRIDGE RDCOUNTRY PARK DRATOKA DRGREEN PARK CT0 50 10025 Feet
VAR # 10 - 23: Jenna Hawkins and Patrick SnarrPIN: 54E - 5 - A - 25Right Side VarianceZoning Map
VAR #10 -23
27
54E 5 A 25
106MILAM DR
1775SENSENY RD
1783SENSENY RD
108MILAM DR
204STAFFORD DR
210STAFFORD DR
212STAFFORD DR
206STAFFORD DR
214STAFFORD DR
205STAFFORD DR 207STAFFORD DR 209STAFFORD DR
211STAFFORD DR
STAFFORD DR
Application
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 20, 2023
SENSENY RDMILAM DRGREENWOOD RDSTAF FO RD D R
MASSIE DRRIDGE RDCOUNTRY PARK DRATOKA DRGREEN PARK CT0 50 10025 Feet
VAR # 10 - 23: Jenna Hawkins and Patrick SnarrPIN: 54E - 5 - A - 25Right Side VarianceLocation Map
VAR #10 -23
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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
July 14, 2023
Jenna Hawkins
208 Stafford Drive
Winchester, VA 22602
RE: 208 Stafford Drive
Property Identification Number (PIN): 54E-5-A-25
Zoning District: RP (Residential Performance)
Dear Property Owner:
This office received a complaint regarding the above-referenced property regarding construction
being performed without a building permit.
In accordance with Section 165-101.07(C) of the Frederick County Zoning Ordinance, all
structures shall meet the requirements set forth in the Frederick County Zoning Ordinance and be
in compliance with the current Building Code and be issued a building permit. Therefore, the
construction on the above-referenced property constitutes a violation of Section 165-101.07(C) of
the Frederick County Zoning Ordinance.
This office will allow thirty (30) days from receipt of this letter to resolve these violations.
Specifically, resolution of this violation may be accomplished by applying for and obtaining
approval of a building permit for the construction on the above-referenced property. Failure to
comply with the Zoning Ordinances could result in a criminal complaint being filed against you.
You have the right to appeal this notice of violations within thirty (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 thirty (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), 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 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 before the
BZA.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
Bryton Dean
Zoning Inspector
40
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 19, 2023
Agenda Section: Public Hearings
Title: Variance #11-23 for Javier Ventura (purchaser) and Pedro Jose (seller)
Attachments:
BZA12-19-23VAR11-23_Redacted.pdf
41
VARIANCE APPLICATION #11-23
JAVIER VENTURA (PURCHASER) & PEDRO JOSE
Staff Report for the Board of Zoning Appeals
Prepared December 6, 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:
December 19, 2023
Public Hearing; Action Pending
LOCATION: The property is located east of Parkins Mill Road (Route 644) at the end of the street
property is on the right.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-57
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: Vacant
East: Clarke County Use: Clarke County
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 35-foot front yard variance to a
required 60-foot front yard setback which will result in a 25-foot front yard setback, and a 25-foot
right side yard variance to a required 50-foot right side yard setback which will result in a 25-foot
right side yard setback, and a 35-foot left side yard variance to a required 60-foot left yard setback
which will result in a 25-left foot front yard setback.
REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA Zoning
District due to the size, topography, and flood plain of the property.
STAFF COMMENTS: The property is 1.942 +/- acres in size and currently zoned RA (Rural
Areas). The property was created in 1985 and does not have the Building Restriction Lines (BRL)
42
Variance #11-23 – Javier Ventura & Pedro Jose
Page 2
December 6, 2023
assigned to the parcel and would have to meet current RA (Rural Areas) District setbacks. Frederick
County adopted zoning in 1967. The Frederick County historical zoning map shows this property as
being zoned A-2 (Agricultural General), The property setback lines at the adoption of the Zoning
Ordinance 35-feet for the front, 15-feet for the side yards, and 35-feet for the rear yard. The County
amended its Ordinance in 1989 to change the A-2 Zoning District to the RA (Rural Areas) Zoning
District. The County 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 60-feet left side
yard and 50-feet right side yard.
Should this variance be approved the setbacks for this property would be front 25-feet, 25-feet right
and 25-feet left side yard, and rear yard 100-feet.
STAFF CONCLUSIONS FOR THE DECEMBER 19, 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.
43
CLARKECOUNTYVIRGINIA
77 A 57
420E PARKINSMILL RD
431E PARKINSMILL RD
321E PARKINSMILL RD
445E PARKINSMILL RD
461E PARKINSMILL RD
E PARKINS MILL RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 30, 2023
E PARKINS MILL RD
0 110 22055 Feet
CLARKECOUNTYVIRGINIA
VAR # 11 - 23: Javier Ventura and Pedro JosePIN: 77 - A - 57Left, Right, and Front VarianceZoning Map
VAR #11 -23
44
CLARKECOUNTYVIRGINIA
77 A 57
420E PARKINSMILL RD
431E PARKINSMILL RD
321E PARKINSMILL RD
445E PARKINSMILL RD
461E PARKINSMILL RD
E PARKINS MILL RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 30, 2023
E PARKINS MILL RD
0 110 22055 Feet
CLARKECOUNTYVIRGINIA
VAR # 11 - 23: Javier Ventura and Pedro JosePIN: 77 - A - 57Left, Right, and Front VarianceLocation Map
VAR #11 -23
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