BZAAgenda2024June181.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of May 21, 2024
4.Public Hearings
4.A.Variance #10-24 for Maria Salter
Submitted a request for a 5-foot rear yard variance to a required 15-foot rear yard
setback which will result in a 10-foot rear setback for an enclosed porch. The property
is located at 128 Gadwell Lane, in the Lake Frederick subdivision and is identified with
Property Identification Number 87B-2-4-84 in the Opequon Magisterial District.
4.B.Variance #11-24 for Estate of Virginia Unger (Kenneth Unger)
Submitted a request for a 100-foot rear yard variance to a required 200-foot rear yard
setback which will result in a 100-foot rear setback and a 100-foot right yard variance to
a required 200-foot right yard setback which will result in a 100-foot setback for a
dwelling. The property is located on the north side of Martinsburg Pike (Route 11),
proceed to Red Bud Road (Route 661), to Milburn Road (Route 662) and is identified
with Property Identification Number 44-A-28J in the Stonewall Magisterial District.
4.C.Variance #12-24 for Estate of Virginia Unger (Kenneth Unger)
Submitted a request for a 100-foot rear yard variance to a required 200-foot rear yard
setback which will result in a 100-foot rear setback for a dwelling. The property is
located on the north side of Martinsburg Pike (Route 11), proceed to Red Bud Road
(Route 661), to Milburn Road (Route 662) and is identified with Property Identification
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JUNE 18, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA06-18-24MeetingMinutesMay21.pdf
BZA06-18-24VAR10-24_Redacted.pdf
BZA06-18-24VAR11-24_Redacted.pdf
1
Number 44-A-28K in the Stonewall Magisterial District.
4.D.Variance #13-24 for Mahlon & Dorothy Estep
Submitted a request for an 11-foot rear yard variance to a required 15-foot rear yard
setback which will result in a 4-foot rear setback for a covered structure. The property is
located at 146 Poe Drive, Winchester, in the Raven Oaks subdivision and is identified
with Property Identification Number 64G-4-1-16 in the Shawnee Magisterial District.
5.Other
BZA06-18-24VAR12-24 _Redacted.pdf
BZA06-18-24VAR13-24_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 18, 2024
Agenda Section: Meeting Minutes
Title: Minutes of May 21, 2024
Attachments:
BZA06-18-24MeetingMinutesMay21.pdf
3
Frederick County Board of Zoning Appeals 1904
May 21, 2024
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 May 21, 2024.
PRESENT: Eric Lowman, Chairman, Red Bud District; Dwight Shenk, Gainesboro District;
James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District; and Ronald Madagan,
Member at Large.
ABSENT: Dudley Rinker, Vice-Chairman, Back Creek District; John Cline, Stonewall 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 3:40 p.m. and he determined there was
a quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there are any applications for June. Mr. Cheran stated the cutoff date
is May 24, 2024, and we have one application.
A motion made by Mr. Shenk and seconded by Mr. Madagan, the minutes for the April 16, 2024,
meeting were unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman read the Variance #09-24 for Baldwin Gap Ranch, LLC., (David and
Linda Lowers) submitted a request for a variance to permit an accessory dwelling unit of
approximately 2,600 square feet, exceeds the size that Frederick County Zoning Ordinance Section
165-201.05, Secondary or accessory uses, permits. The property is located at 5522 Cedar Creek
Grade, Winchester and is identified with Property Identification Number 83-A-1C in the Back
Creek Magisterial District.
Mr. Cheran came forward to present his staff report and maps. The parcel is in the RA (Rural
Areas) District and is subject to a conservation easement. The Applicant is requesting a provision
of Section 165-201.05 (Secondary or accessory uses) which restrictions limiting the accessory
dwelling in size. Staff stated the accessory structure can be no more than 25% of the gross floor
area of the primary dwelling. Staff proceeded by saying the primary structure has a 4,180 square
4
Frederick County Board of Zoning Appeals 1905
May 21, 2024
foot floor area. Mr. Cheran stated Mr. Lowers wants to construct an accessory dwelling up to a
maximum of 2,600 square feet which is greater than 25% of the gross floor area of the primary
structure.
Staff continued by saying the Frederick County under Section 165-201.05 B allows for an
accessory dwelling on the property if the Applicant’s property meets the criteria. The Board of
Supervisors adopted on April 24, 2024, if the floor area of the accessory dwelling shall be no more
than 25% of the gross floor area of the primary residential structure on the lot , or a minimum of
500 square foot or whichever is greater.
Mr. Cheran stated that the property owner has a conservation easement on the parcel. This is a
contract between the property owner and a Potomac Conservancy. An easement is a contract that
prohibits the property owner of a subdivision of the property and governs the size and locations of
principal and accessory structures. Mr. Cheran stated that an easement stays with the property even
if the property is sold. In this case, the previous property owners placed an easement on the
property. A restriction on the property would have appeared if Mr. Lowers did his due diligence
in a title history search. Most real estate purchases allow the buyer to examine the title to their
satisfaction before closing the purchase. The Applicant applied stating the easement is restricting
the land use so that is a hardship. The fault lies with the purchaser for not knowing the restriction.
The Frederick County Code does not produce hardship as the hardship is self-inflicted by the
applicant. (By the previous property owners).
Mr. Cheran concluded with The Code of Virginia 15.2-2309 (2) and the Code of Frederick County
165-1001.2. Staff presented the criteria the Applicant would have to meet in order to grant a
variance.
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.
Staff noted that the variance does not meet The Code of Virginia 15.2309 (2) and the Frederick
County Code. Mr. Cheran reiterated that the Applicant is requesting a variance from Section 165-
5
Frederick County Board of Zoning Appeals 1906
May 21, 2024
201.05 as the accessory structure requirement and the Applicant can meet the requirement by
building 1,045 sq. ft. structure which is (25% of the size of the principal structure.
Mr. Madagan (Board Member) is concerned as to why this ordinance couldn’t be changed for
larger lots. The Applicant has 150 acres and limiting him on the size of a structure. How would
a citizen change the ordinance. Staff replied, you would contact your Board of Supervisor in
your District. Mr. Cheran replied that the Board of Supervisors would direct the DRRC
committee to do a study and adopted a new ordinance on April 24, 2024, allowing the 25% of
gross floor area of primary structure rule or a minimum of 500 sq. ft. whichever is greater.
Mr. Prohaska inquired as to the adopted date of the new ordinance and who reviewed the new
ordinance. Staff replied, The Board of Supervisors. Mr. Prohaska stated the current Board of
Supervisors are the ones that adopted this ordinance. Mr. Cheran replied yes.
Mr. Shenk inquired is the square footage based on the livable spaces or the gross floor area. Staff
said the ordinance says gross floor area.
Chairman Lowman gave a statement from the beginning to end on the structure of how an
ordinance is changed.
Mrs. Stottlemyer inquired is the easement a contract. Mr. Cheran said yes. The previous
landowner and the holding company (Potomac Conservancy) made a contract. In the contract
there are restrictions, but the property owner still has to meet the County Code or come before
the Board for a variance. The County believes that this is self-inflicted because they were aware
of this at the time of purchase.
PUBLIC HEARING COMMENT
Mr. Jack Hanssen came to represent Mr. Lowers. Mr. Hanssen gave the background information
that there is a dwelling on the lot and Mr. Lowers wants his daughter and her family to build
another dwelling on the parcel. Mr. Hanssen proceeded with this and doesn’t need a special
exception or amendment to the County Ordinance. This is the realm of the Board to make this
decision about the variance. Mr. Hanssen quoted the Section 165-401.03 of the Frederick County
Ordinance.
The next point that Mr. Hanssen made is this is not a private contract. When an easement is placed
on a property, the applicant needs to submit it to the County and prove that this easement is inline
with the Comprehensive Plan. The planner would review the easement contract and verify the
easement addresses the vision of the Comprehensive Plan. This is a state requirement. Mr.
Hanssen stated he is not sure if the previous landowners submitted it to the County for review.
Mr. Hanssen gave an example of a Virginia court case this year where an applicant was denied by
the Board of Zoning Appeals. The applicant pursued a higher court, and the verdict was overturned
by the judge stating this is not a hardship The higher court stated the purchasing of the property
6
Frederick County Board of Zoning Appeals 1907
May 21, 2024
that requires a variance is not enough to qualify a self-inflicted hardship. The Ordinance is the
problem not the easement on the property. If the problem lies with the easement, the applicant
should have contacted the Potomac Easement Authority.
In reading the easement, it appears that Mr. Lowers could build another dwelling, and this would
meet the density right. The parcel is 151 acres in size, and this would not create any harm to the
neighborhood. There are neighbors here in support of the variance request. I believe there is no
opposition to this variance. Mr. Lowers doesn’t want to extend his existing square footage in order
to give his daughter’s dwelling more square footage. If Mr. Lowers built onto his dwelling this
would reduce the agricultural acreage for any proposed outbuildings and barn.
Mr. Lowers came forward and gave some background information. Before purchasing the
property, we had Mr. Hanssen’s law firm review the easement.
Chairman Lowman asked if anyone would like to speak in favor of this variance. Two citizens
came forward and expressed their support in the variance.
Chairman Lowman asked if anyone would like to speak in opposition of this variance. No one
came forward.
PUBLIC HEARING CLOSED
Discussion - None
A motion made by Mr. Shenk to approve Variance #09-24 for Baldwin Gap Ranch, LLC (David
and Linda Lowers) and seconded by Mr. Madagan Variance was unanimously approved.
There being no other business, the meeting adjourned at 3:45.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
7
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 18, 2024
Agenda Section: Public Hearings
Title: Variance #10-24 for Maria Salter
Attachments:
BZA06-18-24VAR10-24_Redacted.pdf
8
VARIANCE APPLICATION #10-24
MARIA SALTER
Staff Report for the Board of Zoning Appeals
Prepared June 7, 2024
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:
June 18, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 128 Gadwell Lane, in the Lake Frederick Subdivision.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 87B-2-4-84
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: Residential
West: R5 (Residential Recreational Community) Use: Open Space
VARIANCE REQUESTED: The Applicant is seeking a 2.5-ft. rear yard setback variance to a
required 15-ft. rear yard setback to enclose/screen in an existing uncovered deck resulting in a 12.5-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 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
9
Variance #10-24 – Maria Salter
Page 2
June 7, 2024
the principal structure. The Applicant is requesting the variance to allow the deck to be enclosed.
The adjacent property is an area of open space.
STAFF CONCLUSIONS FOR THE JUNE 18, 2024, MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance.
3) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4) The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5) 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.
6) 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
appropriate.
10
87B 2 4 84
102FLYCATCHERWAY
104FLYCATCHERWAY
106FLYCATCHERWAY 108FLYCATCHERWAY 110FLYCATCHERWAY
109FLYCATCHERWAY
126GADWELL LN
121GADWELL LN
124GADWELL LN
119GADWELL LN
122GADWELL LN
FLYCATCHER WAY GADWELL LNApplication
Sewer and Water Service A rea
Parcels
R5 (Residential Recr eationa l Com munity Distr ict)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 31, 2024RACHEL CARSON DRTOWHEE DRGREBE DRGR OSBEAKCTNUTHATCH DR
FLYC ATC HER WAY
SNOWGOOSE TERPEREGRINECT
PHOEBECT
TURNSTONELNGADWELL LNHUDSONHOLLOW RD0 50 10025 Feet
VAR # 10 - 24: Maria SalterPIN: 87B - 2 - 4 - 84Rear VarianceZoning Map
VAR #10 -24
11
87B 2 4 84
102FLYCATCHERWAY
104FLYCATCHERWAY
106FLYCATCHERWAY 108FLYCATCHERWAY 110FLYCATCHERWAY
109FLYCATCHERWAY
126GADWELL LN
121GADWELL LN
124GADWELL LN
119GADWELL LN
122GADWELL LN
FLYCATCHER WAY GADWELL LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 31, 2024RACHEL CARSON DRTOWHEE DRGREBE DRGR OSBEAKCTNUTHATCH DR
FLYC ATC HER WAY
SNOWGOOSE TERPEREGRINECT
PHOEBECT
TURNSTONELNGADWELL LNHUDSONHOLLOW RD0 50 10025 Feet
VAR # 10 - 24: Maria SalterPIN: 87B - 2 - 4 - 84Rear VarianceLocation Map
VAR #10 -24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 18, 2024
Agenda Section: Public Hearings
Title: Variance #11-24 for Estate of Virginia Unger (Kenneth Unger)
Attachments:
BZA06-18-24VAR11-24_Redacted.pdf
25
VARIANCE APPLICATION #11-24
ESTATE OF VIRGINIA UNGER (K. UNGER, POA)
Staff Report for the Board of Zoning Appeals
Prepared June 7, 2024
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:
June 18, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 288 Milburn Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-28J
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: R4 (Residential Planned Community) Use: Open Space
South: RA (Rural Areas) Use: Residential
East RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 100-foot rear yard variance to a 200-
foot required foot rear yard setback which will result in a 100-foot rear yard setback and a 100-foot
right side yard to a required 200-foot right side yard setback resulting in 100-foot right side yard
setback for a primary structure.
REASON FOR VARIANCE: The property cannot meet the current rear setback 200-foot rear yard
setback and 200-foot right yard setback for a primary structure. The adjoining properties are located
within the Red Bud Agricultural and Forestal District.
STAFF COMMENTS: This 8.3 +/- acre property was created in 2024 as part of a minor rural
subdivision. The property is currently zoned RA (Rural Areas) District and the adjoining properties
are located within the Red Bud Agricultural and Forestal District. The Zoning Ordinance requires
26
Variance #11-24 – Estate of Virginia Unger (Kenneth Unger)
Page 2
June 7, 2024
that properties adjoining any of the county’s Agricultural and Forestal District have a minimum
setback of 200-feet. The setbacks for this property are: 60-feet front, 100-feet left yard, and 200-feet
right and rear yard.
STAFF CONCLUSIONS FOR THE JUNE 18, 2024, MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance.
3) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4) The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5) 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.
6) 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 RA (Rural Areas) Zoning District maybe appropriate.
27
GR UBERSubdivision
HUNTSBERRYSubdivision
SNOWD ENBRIDGESubdivision
819REDBUD RD
861REDBUD RD
1015REDBUD RD
1009REDBUD RD
1023REDBUD RD
1071REDBUD RD
1073REDBUD RD795REDBUD RD
300MARQUIS CT787REDBUD RD
767REDBUD RD777REDBUD RD
335MARQUIS CT757REDBUD RD
747REDBUD RD
188MARQUIS CT
735REDBUD RD
209MARQUIS CT
209MARQUIS CT
725REDBUD RD
232MILBURN RD130MARQUIS CT
210MILBURN RD
210MILBURN RD
230MILBURN RD
230MILBURN RD
101PROSPECT DR
CASTAWAYPL
KEYSTONE LNWAGTAIL LN
CARNATIONWAYWEBSTER CTMAGPIE LNSUNFLOWER WAYO LEANDER CTGRANITE RIDGE DR
S N O W D E N B R ID G E B LV D
REDBUD RD
CAVALIER LNMILBURN RDMARQUIS CT
Application
Sewer and Water Service A rea
Parcels
Future Rt 37 Bypass
M1 (Light Industrial District)
R4 (Residential Planned Com muni ty District)
Ag & Foresta l Districts
Red B ud µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 4, 2024
SNOWDEN BRIDGE BLVD
GRANITE
RIDGE DR
WEBSTER CT
SNOWDENBRIDGEBLVD
NORMAN DRCAVALIERLNPROSPECT DRMILBURNRDMARQUIS CTREDBUD RD
0 500 1,000250 Feet
V A R # 1 1 - 2 4 : E s t a t e o f V i r g i n i a U n g e rPIN: 4 4 - A - 2 8 JRear V a r i a n c eZoning M a p
VAR #11 -24
28
GR UBERSubdivision
HUNTSBERRYSubdivision
SNOWD ENBRIDGESubdivision
819REDBUD RD
861REDBUD RD
1015REDBUD RD
1009REDBUD RD
1023REDBUD RD
1071REDBUD RD
1073REDBUD RD795REDBUD RD
300MARQUIS CT787REDBUD RD
767REDBUD RD777REDBUD RD
335MARQUIS CT757REDBUD RD
747REDBUD RD
188MARQUIS CT
735REDBUD RD
209MARQUIS CT
209MARQUIS CT
725REDBUD RD
232MILBURN RD130MARQUIS CT
210MILBURN RD
210MILBURN RD
230MILBURN RD
230MILBURN RD
101PROSPECT DR
CASTAWAYPL
KEYSTONE LNWAGTAIL LN
CARNATIONWAYWEBSTER CTMAGPIE LNSUNFLOWER WAYO LEANDER CTGRANITE RIDGE DR
S N O W D E N B R ID G E B LV D
REDBUD RD
CAVALIER LNMILBURN RDMARQUIS CT
Application
Sewer and Water Service A rea
Parcels
Future Rt 37 Bypass µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 4, 2024
SNOWDEN BRIDGE BLVD
GRANITE
RIDGE DR
WEBSTER CT
SNOWDENBRIDGEBLVD
NORMAN DRCAVALIERLNPROSPECT DRMILBURNRDMARQUIS CTREDBUD RD
0 500 1,000250 Feet
V A R # 1 1 - 2 4 : E s t a t e o f V i r g i n i a U n g e rPIN: 4 4 - A - 2 8 JRear V a r i a n c eLocation M a p
VAR #11 -24
29
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 18, 2024
Agenda Section: Public Hearings
Title: Variance #12-24 for Estate of Virginia Unger (Kenneth Unger)
Attachments:
BZA06-18-24VAR12-24 _Redacted.pdf
47
VARIANCE APPLICATION #12-24
ESTATE OF VIRGINIA UNGER (KENNETH UNGER)
Staff Report for the Board of Zoning Appeals
Prepared June 7, 2024
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:
June 18, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 288 Milburn Road, Winchester, VA.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-28K
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: R4 (Residential Planned Community) Use: Open Space
South: RA (Rural Areas) Use: Residential
East RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 100-foot rear yard variance to a 200-foot
rear yard setback which will result in a 100-foot rear yard setback for a primary structure.
REASON FOR VARIANCE: The property cannot meet the current rear setback 200-foot rear yard
setback for a primary structure. The adjoining properties are located within the Red Bud Agricultural and
Forestal District.
STAFF COMMENTS: This 8.3 +/- acre property was created in 2024 as part of a minor rural
subdivision. The property is currently zoned RA (Rural Areas) District and has adjoining properties
that are located within the Red Bud Agricultural and Forestal District. The Zoning Ordinance
requires that properties adjoining any of the county’s Agricultural and Forestal District be a
minimum setback of 200-feet. The setbacks for this property are: 60-feet front, 100-foot left yard,
48
Variance #12-24 – Estate of Virginia Unger (Kenneth Unger)
Page 2
June 7, 2024
and 100-foot right yard and 200-foot rear yard.
STAFF CONCLUSIONS FOR THE JUNE 18, 2024, MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance.
3) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4) The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5) 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.
6) 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 RA (Rural Areas) Zoning District maybe appropriate.
49
GR UBERSubdivision
HUNTSBERRYSubdivision
SNOWD ENBRIDGESubdivision
819REDBUD RD
861REDBUD RD
1015REDBUD RD
1009REDBUD RD
1023REDBUD RD
1071REDBUD RD
1073REDBUD RD795REDBUD RD
300MARQUIS CT787REDBUD RD
767REDBUD RD777REDBUD RD
335MARQUIS CT757REDBUD RD
747REDBUD RD
188MARQUIS CT
735REDBUD RD
209MARQUIS CT
209MARQUIS CT
725REDBUD RD
232MILBURN RD130MARQUIS CT
210MILBURN RD
210MILBURN RD
230MILBURN RD
230MILBURN RD
101PROSPECT DR
CASTAWAYPL
KEYSTONE LNWAGTAIL LN
CARNATIONWAYWEBSTER CTMAGPIE LNSUNFLOWER WAYO LEANDER CTGRANITE RIDGE DR
S N O W D E N B R ID G E B LV D
REDBUD RD
CAVALIER LNMILBURN RDMARQUIS CT
Application
Sewer and Water Service A rea
Parcels
Future Rt 37 Bypass
M1 (Light Industrial District)
R4 (Residential Planned Com muni ty District)
Ag & Foresta l Districts
Red B ud µ
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 4, 2024
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 18, 2024
Agenda Section: Public Hearings
Title: Variance #13-24 for Mahlon & Dorothy Estep
Attachments:
BZA06-18-24VAR13-24_Redacted.pdf
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VARIANCE APPLICATION #13-24
MAHLON ESTEP & DOROTHY ESTEP
(PATTY DEMMON)
Staff Report for the Board of Zoning Appeals
Prepared June 7, 2024
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:
June 18, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 146 Poe Drive, Winchester, Virginia in the Raven Oaks
Subdivision.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64G-4-1-16
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: Open Space
VARIANCE REQUESTED: The Applicant is requesting a 11-foot rear yard variance to a 15-foot
required foot rear yard setback which will result in a 4-foot rear yard setback for a covered accessory
structure.
REASON FOR VARIANCE: The property cannot meet the current setbacks as the property is a
single-family small lot type with a covered deck. Setbacks for single-family small lot are: 25-foot
front, 5-foot sides, and 15-foot rear.
STAFF COMMENTS: The Ravens Oaks subdivision was created in 2022 as a single-family small
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Variance #13-24 – Mahlon & Dorothy Estep (Patty Demmon)
Page 2
June 7, 2024
lot type development. This lot type has setbacks of 25-feet front, 5-feet sides, and 25-feet rear. The
single-family small lot type has a reduced setbacks for unroofed deck of 10-feet rear and 5-feet
adjoining open space. Covered decks must follow the primary setbacks of the housing type. This
does back up to open space.
STAFF CONCLUSIONS FOR THE JUNE 18, 2024, MEETING:
The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.02, 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) Any hardship was not created by the applicant for the variance.
3) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
4) The condition or situation of the property concerned is not of so general or recurring a nature as to
make reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
5) 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.
6) 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
regarding setbacks for a covered deck for single-family small lot in the RP (Residential
Performance) Zoning District maybe appropriate.
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64G 4 1 16
149POE DR
147POE DR
145POE DR
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PO E DRApplication
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RP (Residential P erform ance District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 3, 2024
£¤50 RAVEN OAKS DRNEVERMORE DRDUNER CTW IN S L O W C T
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INVERLEE WAYMILLWOOD PIKE MILLWOOD PIKE
0 40 8020 Feet
VAR # 13 - 24: Mahlon and Dorothy EstepPIN: 64G - 4 - 1 - 16Rear VarianceZoning Map
VAR #13 -24
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64G 4 1 16
149POE DR
147POE DR
145POE DR
143POE DR
148POE DR
144POE DR
142POE DR
140POE DR
138POE DR
PO E DRApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 3, 2024
£¤50 RAVEN OAKS DRNEVERMORE DRDUNER CTW IN S L O W C T
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INVERLEE WAYMILLWOOD PIKE MILLWOOD PIKE
0 40 8020 Feet
VAR # 13 - 24: Mahlon and Dorothy EstepPIN: 64G - 4 - 1 - 16Rear VarianceLocation Map
VAR #13 -24
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