BZAAgenda2024January161.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of December 19, 2023
4.Election of Officers and Adoption of Bylaws
4.A.Election of Officers and Adoption of Bylaws
5.Public Hearings
5.A.Variance #12-23 for Warren and Elizabeth Dudenbostel
Submitted a request for a 9-foot rear yard variance to a required 15-foot rear yard
setback which will result in a 6-foot rear setback for a screened porch. The property is
located at 129 Grosbeak Court, Lake Frederick and is identified with Property
Identification Number 87B-2-4-97 in the Opequon Magisterial District.
5.B.Variance #13-23 for Neil Puffinburger and Ken Foreman, POA
Submitted a request for a 5-foot front yard variance to a required 35-foot front yard
setback which will result in a 30-foot front setback for a covered porch. The property is
located at 115 Cline Drive, Gore and is identified with Property Identification Number
37-8-A4 in the Gainesboro Magisterial District.
6.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JANUARY 16, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA 01-16-24MeetingMinutesDecember19.pdf
BZA01-16-24 ElectionsofOfficers_AdoptionofBylaws.pdf
BZA01-16-24VAR12-23_Redacted.pdf
BZA01-16-24VAR13-23_Redacted.pdf
1
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 16, 2024
Agenda Section: Meeting Minutes
Title: Minutes of December 19, 2023
Attachments:
BZA 01-16-24MeetingMinutesDecember19.pdf
2
1887Frederick County Board of Zoning Appeals
December 19, 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 December 19, 2023.
PRESENT: Dudley Rinker, Vice Chairman, Back Creek District; Dolores Stottlemyer, Shawnee
District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; and Ronald Madagan,
Member at Large.
ABSENT: Eric Lowman, Chairman, Red Bud District; 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 Vice Chairman Rinker at 3:30 p.m. and he determined there is
a quorum.
Vice Chairman Rinker led the Pledge of Allegiance.
Vice Chairman Rinker asked if there are any applications for January. Mr. Cheran stated yes.
On a motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the August 15,
2023, meeting were unanimously approved as presented.
PUBLIC HEARING
Vice Chairman Rinker read the Variance #09-23 for Jeanette Shaffer Lang submitted request
for 25-foot left yard variance to a required 50-foot left yard setback which will result in a 25-foot
left setback and 25-foot right yard variance to a required 50-foot right yard setback which will
result in a 25-foot right 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.
Mr. Cheran came forward to present the staff report and maps. Staff noted that the property is on
Woods Mill Road. 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 requested a 25-foot right yard
3
1888Frederick County Board of Zoning Appeals
December 19, 2023
variance to a required 50-foot right yard setback which will result in a 25-foot right yard setback
for a dwelling.
Staff gave the reason as to why a variance is being sought because the property cannot meet the
current setbacks due to the size of the property. The property is 1.27 acres and is vacant. The
zoning is Rural Areas (RA) and the adjoining properties are RA. Staff noted the parcel was created
in 1950 and does not have Building Restriction Lines assigned to property so the applicant would
need to follow today’s setbacks.
Mr. Cheran mentioned that the County adopted zoning in 1967. The historical maps show this
property zoned A-2 (Agricultural General). The setback for the A-2 at the time was 35-feet for
the front, 15-feet for the side yards and 35-feet for the rear yard. In 1989 Frederick County
amended the Ordinance, changing the A-2 Zoning District to RA (Rural Areas). Staff said that on
February 28, 2007, the County changed the setbacks for the RA District to 60-feet for the front,
100-feet to the rear, and 50-feet to the left and right-side yards.
If approved, Mr. Cheran mentioned the setbacks for the property would be 60-feet for the front,
25-feet right and left side yard, and the rear yard is 100-feet.
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.
The Applicant, Ms. Jeanette Shaffer came forward to answer any questions. Ms. Shaffer
mentioned that this property was inherited, and she is preparing to sell the parcel. The applicant
stated she is working through the process with the Health Department to get a septic permit.
OPENED PUBLIC COMMENT
Vice Chairman Rinker opened the floor to anyone in favor or opposition to come forward.
4
1889Frederick County Board of Zoning Appeals
December 19, 2023
Mr. Welch, an adjoiner property owner, came forward and was concerned about landscaping
such as the trees.
Vice-Chairman Rinker said he didn’t think there would be a problem leaving the tree there.
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. Cline to approve as presented and seconded by Mr. Madagan, Variance
Request #09-23 for Jeanette Shaffer, was unanimously approved.
PUBLIC HEARING
Chairman Lowman read the Variance #10-23 for Jenna Hawkins & Patrick Snarr submitted
request for 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 as Property Identification Number 54E-5-A-25 in the
Red Bud Magisterial District.
Mr. Cheran came forward to present the staff report and the maps. This parcel is zoned RP
(Residential Performance) and is located at 208 Stafford Drive, Winchester in the Red Bud
Magisterial District. The applicant is requesting for 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. Staff mentioned the applicant built the garage without pulling a building permit and is
over the right-side setback.
Mr. Cheran gave some background information on the property. In 1961 Frederick County
approved the subdivision (Frederick Heights) where this property is located. Originally the parcel
was zoned R2 (General Residential) but in 1989 Frederick County amended the ordinance and the
zoning changed on this parcel to RP (Residential Performance) Zoning District. A detached
structure for the RP (Residential Performance) and the R2 at the time of the adoption were 5-feet
on the side and the rear.
Staff noted that the Building Department on June 15, 2023, received a call that a structure was
being constructed without a permit. At that point, the County cited the applicant for not having a
building permit.
Mr. Cheran said the applicant applied for a building permit for a detached garage. In the RP
(Residential Performance) District, the minimum setbacks are 35-feet front and 5-feet side and
rear. On the permit that was applied for by the applicant had setback front N/A, right side 6-feet,
left side 25-feet and rear 8-feet. A requirement of the ordinance states that any detached structure
over 500 sq. feet located at five feet or less from any minimum setback is required to submit a
location survey.
5
1890Frederick County Board of Zoning Appeals
December 19, 2023
Staff mentioned the first setback survey was on September 7, 2023, which placed the garage at
5.8-feet on the right side, however, this survey didn’t meet the requirements of Frederick County
Zoning Ordinance. A requirement of the Zoning Ordinance is the survey must be licensed in the
Commonwealth of Virginia in order to establish the location of the structure. The setback report
wasn’t sealed by a professional engineer and the report was altered. The setback survey was
rejected by the County Official. October 17, 2023, a second survey report was submitted with
setbacks for the front at 11.01-feet, right 4.5-feet, left 69.3-feet, and the rear 69.3-feet.
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 the applicant built without a permit.
Mr. Madagan visited the site, and he questioned the setbacks. Mr. Madagan viewed the survey
markings. He stated the applicant’s structure is 4½ feet from the property line. Mr. Madagan stated
that the applicant would only need a 6-inch variance.
Mr. Shenk inquired about the size of the structure and what is the size that wouldn’t require a
building permit. Mr. Cheran replied that is 500 sq. foot or less, but the applicant would need to
meet the setback requirements.
The applicants Jeanna Hawkins and Patrick Snarr came forward. They are from the Red Bud
District. Ms. Hawkins said she reviewed other variances and couldn’t find the wording that was
comparable to theirs. Ms. Hawkins stated we were only requesting a 6-inch variance.
Mr. Snarr spoke to the neighbors and their garage is 4½ feet from the property line. I also measured
the closet point from our garage to neighbors and that is 11 feet. Mr. Snarr also found the original
pins buried in the ground when the subdivision was created. Those pins and what the surveyor
marked were not the same. I completed drawings and submitted them to an engineer and the
drawing was received back in about a week. Before receiving the plans back, I started to construct
the garage. Then I received the violation letter about the same time frame. In the process of
building, we decided to expand the structure. The applicant stated that the original permit was
6
1891Frederick County Board of Zoning Appeals
December 19, 2023
accepted by the Building Department and then on September 7, we found out that the permit is not
acceptable by the Zoning Administrator. An inspection was scheduled for September 19, and the
inspector didn’t show up.
OPENED PUBLIC COMMENT
Vice Chairman Rinker opened the floor to anyone in favor or opposition to come forward. No
one came forward.
CLOSED PUBLIC HEARING
On a motion made by Mr. Madagan to approve a 6-inch variance and seconded by Mr. Shenk,
Variance Request #10-23 for Jenna Hawkins and Patrick Snarr, was unanimously approved.
PUBLIC HEARING
Vice Chairman Rinker read Variance Request #11-23 Javier Ventura (purchaser) & Pedro
Jose (seller), requesting a 35-foot left side yard variance to a required 60-foot left side yard setback
will result in a 25-foot left side yard setback; and a 25-foot right side yard variance to a required
50-foot right side yard setback will result in a 25-foot right side yard setback and a 35-foot front
yard variance to a required 60-foot front yard setback will result in a 25-foot front yard for a
dwelling. This property is located east on 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.
Mr. Cheran came forward to present the staff report and maps. Staff noted that the property is on
Parkins Mill Road at the end of the street on the right. The applicant is requesting a 35-foot left
side yard variance to a required 60-foot left side yard setback will result in a 25-foot left side yard
setback; and a 25-foot right side yard variance to a required 50-foot right side yard setback will
result in a 25-foot right side yard setback and a 35-foot front yard variance to a required 60-foot
front yard setback will result in a 25-foot front yard for a dwelling.
Staff noted the reason for the variance is the property cannot meet the setback of the (RA) Rural
Areas Zoning District due to topography, size of property and the floodplain. Several years ago,
you were not allowed to build in the floodplain but since that time in 2021 the restrictions have
changed in the floodplain. When comparing the older floodplain map to the 2021 version the
floodplain has expanded on this parcel. The older maps indicated that the floodplain was only near
the creek.
Mr. Cheran continued the property is 1.942 acres in size and zoned (RA) and the property has three
fronts. In 1985 the property was created and does not have building restrictions lines. The property
owner would need to meet current (RA) setbacks.
Mr. Cheran mentioned that the County adopted zoning in 1967. The historical maps show this
property zoned A-2 (Agricultural General). The setback for the A-2 at the time was 35-feet for
the front, 15-feet for the side yards and 35-feet for the rear yard. In 1989 Frederick County
amended the Ordinance, changing the A-2 Zoning District to RA (Rural Areas). Staff said that on
February 28, 2007, the County changed the setbacks for the RA District to 60-feet for the front,
100-feet to the rear, and 60-feet to the left and right-side yards.
7
1892Frederick County Board of Zoning Appeals
December 19, 2023
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 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.
Mr. Cheran mentioned that the well and septic system will be in the floodplain. The applicant did
get a certification from Marsh & Legge for the well and septic already and the Frederick County
Health Department doesn’t regulate anything in the floodplain.
The applicant Power of Attorney (Wendall Johnson) came forward. Mr. Johnson drafted a plan so
the house would not be placed in floodplain. Mr. Johnson has drafted a proposed house plan that
where the house will be is 40 feet from the setback line, 70 feet from the roadside, 300 feet from
the creek, and 30 feet from the neighbor’s property line. Again, the only thing in the floodplain
would be the well and septic system. The applicant would construct a lower level and an upper
level. The lower level of the dwelling would be 5-feet above the floodplain.
A member was confirming that the applicant has a certification letter for the septic system. Mr.
Johnson replied yes from Marsh & Legge.
OPENED PUBLIC COMMENT
Vice Chairman Rinker opened the floor to anyone in favor or opposition to come forward.
Nancy and Earl Whitacre of 461 Parkins Mill Road came forward. He expressed his concerns
about the floodplain. Mr. Whitacre inquired that there were two churches and one person trying
to build a house on that parcel and was turned down because of the floodplain. The staff replied
that he was unaware of this information.
Mr. Johnson said that again the lower level of the house would be 5 feet above the floodplain.
8
1893Frederick County Board of Zoning Appeals
December 19, 2023
CLOSED PUBLIC HEARING
On a motion made by Ms. Stottlemyer to approve and seconded by Mr. Shenk, Variance Request
#11-23 for Javier Ventura Pedro Jose was unanimously approved.
Adjourned at 4:35.
________________________________
Dudley Rinker, Vice-Chairman
________________________________
Pamala Deeter, Secretary
9
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 16, 2024
Agenda Section: Election of Officers and Adoption of Bylaws
Title: Election of Officers and Adoption of Bylaws
Attachments:
BZA01-16-24 ElectionsofOfficers_AdoptionofBylaws.pdf
10
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: January 9, 2024
________________________________________________________________________
ELECTION OF OFFICERS FOR 2024
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 2024
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 2024
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
MRC/pd
11
- 1 -
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed January 16, 2024 )
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
12
- 2 -
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.
13
- 3 -
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
14
- 4 -
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
7-3-7-1 The 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.
15
- 5 -
7-3-7-2 The 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.
16
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 16, 2024
Agenda Section: Public Hearings
Title: Variance #12-23 for Warren and Elizabeth Dudenbostel
Attachments:
BZA01-16-24VAR12-23_Redacted.pdf
17
VARIANCE APPLICATION #12-23
WARREN & ELIZABETH DUDENBOSTEL
Staff Report for the Board of Zoning Appeals
Prepared December 20, 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:
January 16, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 129 Grosbeak Court, Lake Frederick.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-2-4-97
PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Residential
South: R5 (Residential Recreational Community) Use: Residential
East: R5 (Residential Recreational Community) Use: Open Space
West R5 (Residential Recreational Community) Use: Residential
VARIANCE REQUESTED: The Applicant is seeking a 6-ft. rear yard setback variance to a required
15-ft. rear yard setback to enclose/screen in an existing uncovered deck resulting in a 9-ft. rear setback
for the covered porch.
REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch
due to the size of the property and location of the existing dwelling.
STAFF COMMENTS: This property was created in 2018 as a single-family small lot type. The
building setbacks for this lot type are: 25-ft. front, 5-ft. sides and 15-ft. in the rear. This dwelling
currently has an uncovered deck which is 5-ft. from the rear property line. Setbacks for uncovered
decks is 5-ft. from the rear and a covered porch type must meet the rear setback of 15-ft., as they
become part of the principal structure. The Applicant is requesting the variance to allow the deck to
18
Variance #12-23 – Warren & Elizabeth Dudenbostel
Page 2
December 20, 2023
be enclosed. The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE JANUARY 16, 2024, 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 R5 (Residential Recreational Community) Zoning District may be justified.
19
87B 2 4 97
130GROSBEAK CT
132GROSBEAKCOURT
131GROSBEAK CT
125GROSBEAK CT
123GROSBEAK CT
121GROSBEAK CT
Application
Sewer and Water Service A rea
Parcels
R5 (Residential Recr eational Comm unity District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 29, 2023
TOWHEE DRRACH
EL CARSON DRGADWELL LNGROSBEAK CTTURNSTONE LN
P H O E B E C T
PEREGRINE CT
0 30 6015 FeetGROSBEAK CT
VAR # 12 - 23: Warren and Elizabeth DudenbostelPIN: 87B - 2 - 4 - 97Rear Yard VarianceZoning Map
VAR #12-23
20
87B 2 4 97
130GROSBEAK CT
132GROSBEAKCOURT
131GROSBEAK CT
125GROSBEAK CT
123GROSBEAK CT
121GROSBEAK CT
Application
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 29, 2023
TOWHEE DRRACH
EL CARSON DRGADWELL LNGROSBEAK CTTURNSTONE LN
P H O E B E C T
PEREGRINE CT
0 30 6015 FeetGROSBEAK CT
VAR # 12 - 23: Warren and Elizabeth DudenbostelPIN: 87B - 2 - 4 - 97Rear Yard VarianceLocation Map
VAR #12-23
21
22
23
24
25
26
27
28
29
30
31
32
33
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 16, 2024
Agenda Section: Public Hearings
Title: Variance #13-23 for Neil Puffinburger and Ken Foreman, POA
Attachments:
BZA01-16-24VAR13-23_Redacted.pdf
34
VARIANCE APPLICATION #13-23
NEIL PUFFINBURGER (K. FOREMAN, POA)
Staff Report for the Board of Zoning Appeals
Prepared December 20, 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:
January 16, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 115 Cline Drive, Gore.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 37-8-A4
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 RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 5-foot front yard variance to a required
35-foot front yard setback which will result in a 30-foot front yard setback for a covered porch.
REASON FOR VARIANCE: The property cannot meet the current RP Zoning District setbacks.
STAFF COMMENTS: The property is 1.466 +/- acres in size and currently zoned RP (Residential
Performance). The property was created in 1977 without Building Restriction Lines (BRL) assigned
to the parcel and would have to meet current RP (Residential Performance) District setbacks. The
Frederick County historical zoning map shows this property as being zoned R2 (Residential General)
District. This was a result of a rezoning that was approved by Frederick County on November 13,
1974, that rezoned the property from A2 (Agricultural General) Zoning District to R2 (Residential
General) Zoning District. The property setback lines at the adoption of the Zoning Ordinance in
35
Variance #13-23 – Neil Puffinburger (K. Foreman, POA)
Page 2
December 20, 2023
1967 were 35-feet front, 10-feet side yards and 25-feet rear yard. The County amended its Ordinance
in 1989 to change the R2 (Residential General) Zoning District to the RP (Residential Performance)
Zoning District., making the current setbacks for this property 35-feet front, 10-feet side yards, and
25-feet rear.
STAFF CONCLUSIONS FOR THE JANUARY 16, 2024, 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 is a request from
the current setbacks of the RP (Residential Performance) Zoning District.
36
¬«259
37 8 A4
158CLINE DR
140CLINE DR
151CLINE DR
110CLINE DR
1978CARPERSPIKE
1933CARPERSPIKE
1960CARPERSPIKE
1919CARPERSPIKE
1905CARPERSPIKE
CARPERS PIKECLINE DR
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 29, 2023CARPERS PIKECLINE DR
BURLEY LN
¬«259
0 90 18045 Feet
VAR # 13 - 23: Neil Puffinburger (POA Ken Foreman)PIN: 37 - 8 - A4Front Yard VarianceZoning Map
VAR #13-23
37
¬«259
37 8 A4
158CLINE DR
140CLINE DR
151CLINE DR
110CLINE DR
1978CARPERSPIKE
1933CARPERSPIKE
1960CARPERSPIKE
1919CARPERSPIKE
1905CARPERSPIKE
CARPERS PIKECLINE DR
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: December 29, 2023CARPERS PIKECLINE DR
BURLEY LN
¬«259
0 90 18045 Feet
VAR # 13 - 23: Neil Puffinburger (POA Ken Foreman)PIN: 37 - 8 - A4Front Yard VarianceLocation Map
VAR #13-23
38
39
40
41
42
43
44
45
46
47
48
49
50