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BZAMinutes2024January16 Frederick County Board of Zoning Appeals January 16, 2024 1894 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 January 16, 2024. PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman, Back Creek District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District; and Ronald Madagan, Member at Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a quorum. Chairman Lowman led the Pledge of Allegiance. Chairman Lowman asked if there are any applications for February. Mr. Cheran stated the cutoff date is January 19. Chairman Lowman noted a correction on page 1889, the fifth paragraph down should read Vice Chairman Rinker not Chairman Lowman. On a motion made by Mr. Cline with the correction and seconded by Vice Chairman Rinker, the minutes for the December 19, 2023, meeting were unanimously approved with the correction. ELECTION OF OFFICERS AND ADOPTION OF BYLAWS Chairman Lowman opened the floor for nominations for Chairman. Vice Chairman Rinker made a motion to nominate Mr. Lowman and Mr. Shenk seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Lowman as the Chairman. Chairman Lowman 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. Chairman Lowman opened the floor for nominations for Secretary. Vice Chairman Rinker made a motion to nominate Mrs. Deeter and Mr. Shenk seconded the motion. The floor was closed for nominations. The vote was unanimous for Mrs. Deeter as the Secretary. 4 Frederick County Board of Zoning Appeals January 16, 2024 1895 Chairman Lowman stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of the month. Vice Chairman Rinker 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. Madigan seconded the motion, and the vote was unanimous. Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by Vice Chairman Rinker and seconded by Mr. Cline the Bylaws were unanimously approved as presented. PUBLIC HEARING Chairman Lowman read 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. Mr. Cheran came forward to present his staff report. The property is located at 129 Grosbeak Court in Lake Frederick subdivision. The property is zoned R5 (Residential Recreational Community) District, and the adjoining properties are zoned R5. Staff mentioned that Mr. Dudenbostel changed his request from a 9-ft rear variance to a 7.5-ft variance to enclose an existing deck to a covered porch. Mr. Cheran stated that the property can’t meet today’s requirements because of the size of the parcel and the placement of the dwelling. Staff noted that the dwelling backs up to open space. Mr. Cheran gave background information about the parcel. This parcel was created in 2018 for single- family small lot type. Setbacks for a small lot are 25ft front, 5ft sides and 15ft in the rear. The attached deck is 5 ft from the rear property line. Staff noted that the uncovered deck is 5 ft from the rear and a covered porch type must meet the rear setback of 15ft. The covered porch then becomes a part of the principal structure. 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 Frederick County Board of Zoning Appeals January 16, 2024 1896 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. The Applicant, Mr. Dudenbostel came forward. He explained that the existing deck is to be screened in and the porch will have added windows. The Applicant explained how the contractor would connect it to the roof line of the house, to the porch and the existing deck is being reduced in size. Chairman Lowman ask Mr. Dudenbostel if he had a survey. The Applicant replied yes. The Applicant explained how he came up with the measurement of the deck. The contactor has measured also. Mr. Cheran noted we did receive a e-comment today in favor of the variance. PUBLIC HEARING COMMET Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED Two board members drove past the house that is requesting the variance. A board member stated there are other homes in that subdivision that have screened porches, and this would be similar to theirs and wouldn’t be out of character for the neighborhood. The other board member agreed. On a motion made by Mr. Prohaska to approve the variance as requested and seconded by Mr. Madigan, Variance Request #12-23 for Warren & Elizabeth Dudenbostel, was unanimously approved. PUBLIC HEARING Chairman Lowman read 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. Mr. Cheran came forward to present his staff report and maps. Staff noted the property is located at 115 Cline Drive and is zoned RP (Residential Performance). The surrounding properties to the North, South, and East are RP (Residential Performance) and to the West is RA (Rural Areas). This parcel has two fronts so we take the shortest one and that is considered the front. Staff reiterated what the property owner is requesting. The property owner cannot meet the current RP setbacks for a cover porch. Staff stated that the property was created in 1977 and is 1.466 acres. At 6 Frederick County Board of Zoning Appeals January 16, 2024 1897 the time of creation, no building restriction lines were assigned to the parcel. Staff researched and the parcel shows as being R2 (Residential General) District. In 1974, a rezoning was approved and changed the zoning from A2 (Agricultural General) to R2 (Residential General) District. Mr. Cheran stated in 1967 when the zoning ordinance was adopted the setbacks were 35-feet front, 10-feet side yards and 25-feet rear yard. The ordinance was amended in 1989 changing the R2 to RP Zoning. The setback for RP zoning is 35-feet front, 10-feet side yards and 25-feet for the rear. Mr. Cheran reiterated The Code of Virginia and Frederick Code. Mr. Cheran ends the presentation by stating this variance meets the Code of Virginia and Frederick County. Mr. Foreman, the contractor, came forward. He mentioned that the house and the porch are over the setback now. Mr. Foreman noted that the new covered porch will enhance the property. Chairman Lowman asked if there is anything the board should do because the house and existing porch is over the setback now. Mr. Cheran replied no he will need to get a setback survey. This already is a non-conforming lot. Chairman Lowman proposed in the future if the property changes owners, they could do a title search and they would see they’re over the setbacks. Mr. Cheran replied this variance is only for the covered porch not the house. Staff mentioned if an inquiry came in for a title search, a zoning certification or zoning determination letter would cover the house setback. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED A comment from a board member stated the house is on a dirt road and being closer to the road shouldn’t create a problem. Another board member said this new porch would enhance the appearance of the house. On a motion made by Mr. Shenk to approve the variance as requested and seconded by Vice Chairman Rinker, Variance Request #13-23 for Neil Puffinburger (K. Foreman, POA). was unanimously approved. The meeting adjourned at 4:15. ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary 7