BZAMinutes2024March19
Board of Zoning Appeals 1898
March 19, 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 March 19, 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 April. Mr. Cheran stated yes, and the
cutoff date is March 22, 2024.
A motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the February 20,
2024, meeting were unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman read Variance #06-24 for Jeffrey Wartluft and Patricia Wartluft submitted
a request for a 15-foot yard variance to a required 60-foot front yard setback which will result in a
45-foot front setback and a 25-foot left yard variance to a required 50-foot left yard setback which
will result in a 25-foot left yard setback for a dwelling. The property is located at 1079 Gun Club
Road, Stephenson and is identified with Property Identification Number 45-A-14 in the Stonewall
Magisterial District.
Mr. Cheran came forward to present his staff report and maps. The parcel is a 1.67+/- acre parcel
and cannot meet today’s current setbacks. Staff continued when property was created in 1943 no
building restrictions line were assigned to the parcel and is zoned RA (Rural Areas). The parcel
3
Board of Zoning Appeals 1899
March 19, 2024
fronts two roads, Old Charles Town Road and Gun Club Road. Staff noted that Gun Club is the
front yard since it is the shortest distance. Mr. Cheran said the Applicant is requesting a 15 -foot
variance to a required 60-foot front yard which would result in 45 front yard and a 25-foot variance
to a required 50-foot left yard setback which will result in a 25-foot left yards setback.
Mr. Cheran mentioned that in 1967 this parcel was zoned as A-2 (Agricultural General). The
setbacks were 35 feet for the front, rear and side yard at the adoption of the Ordinance. The Board
of Supervisors amended the Ordinance in 1989 changing the A-2 to RA (Rural Areas). Mr. Cheran
stated that the Board of Supervisors amended the Ordinance in February 2007, making the current
setback 60-feet front, for both road frontage, 200-feet to the rear and 50-feet left side yard.
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 meets The Code of Virginia 15.2309 (2) and the Frederick County
Code. Mr. Cheran reiterated that is a small lot.
Mr. Jeffrey Wartluft came forward. The Applicant had no presentation but if there were questions
from the Board, he would answer them. He stated, “I am trying to build a house and the parcel is
not flat”. The Applicant was given the wrong setback information at the time of parcel purchase.
A Committee member inquired if the septic system and well were approved by the Health
Department. The Applicant replied yes. The septic is installed and the well is 770-feet deep.
4
Board of Zoning Appeals 1900
March 19, 2024
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
Discussion - None
A motion made by Mr. Cline to approve the variance as requested and seconded by Vice-
Chairman Rinker Variance Request #06-24 for Jeffrey and Patricia Wartluft, was unanimously
approved.
PUBLIC HEARING
Chairman Lowman read Variance #07-24 for Brian K. Woodall submitted a request for a 25-
foot yard variance to a required 50-foot rear yard setback which will result in a 25-foot rear setback
for an accessory structure. The property is located at 3132 Apple Pie Ridge Road and is identified
with Property Identification Number 32-A-63G in the Gainesboro Magisterial District.
Mr. Cheran came forward to present the staff report and maps. Staff gave background information
on this parcel. The parcel is part of the Whitehall Estates subdivision and is 5.0- acres and was
created in 1986. The zoning of the property is RA (Rural Areas) District. At the time of creation,
no BRL (Building Restriction Lines) was assigned to the property. Staff stated the Applicant
would need to meet the current setbacks of the RA (Rural Areas) District. In 1967, the historical
zoning map shows this property as being zoned A-2. When the Zoning Ordinance was adopted,
the setbacks for the front, rear, and side yards were 35-feet. The parcel was changed from A-2
Zoning to RA Zoning in 1989. February 28, 2007, the Board of Supervisors amended ordinance
setbacks for the RA Zoning District. The setback for this parcel is 60-feet for the front, 50-feet for
the rear and right-side yard and 100-feet left side yard.
Staff mentioned this variance request doesn’t meet The Code of Virginia 15.2-2209 (2) and the
Frederick County Code.
Mr. Cheran read 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
5
Board of Zoning Appeals 1901
March 19, 2024
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 concluded this isn’t a hardship. There are options for the Applicant to build an
accessory structure. Mr. Woodall has an additional property that joins this parcel, and he could
adjust the property line, or he could build a detached garage.
Mr. Brian Woodall, the applicant, came forward. He gave a presentation. He stated the house was
built in 1984 and purchased the house in 2000. The property behind us came up for sale and we
purchased that parcel for access to the barn. Mr. Woodall stated he would do a boundary line
adjustment as soon as the dwelling is paid off. Refinancing is not an option because of the rates.
I am trying to build a garage attached to the dwelling.
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
Discussion
A Committee member mentioned there are options for the Applicant. Since the Applicant has an
option, that is not considered a hardship.
Mr. Shenk confirmed with Mr. Cheran that a detached garage could be 3 feet away from the
primary structure. There could be a concrete slab between the house and the accessory structure
but no roof connecting the two structures. Staff confirmed that is correct.
A motion made by Mr. Shenk to deny the variance request and seconded by Vice Chairman
Rinker, Variance Request #07-24 for Brian Woodall, was denied.
The vote was 5 denials to 2 approvals.
6
Board of Zoning Appeals 1902
March 19, 2024
There being no other business, the meeting adjourned at 4:10.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
7