BZAAgenda2024August201.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of June 18, 2024
4.Public Hearings
4.A.Variance #14-24 for Donald Adams
Submitted a request for a 7-foot right side yard variance to a required 15-foot right side
yard setback which will result in an 8-foot right side setback for an extension of a dining
room. The property is located at 1490 Old Bethel Church Road (Route 608),
Winchester and is identified with Property Identification Number 30-A-144A in the
Gainesboro Magisterial District.
4.B.Variance #15-24 for Vito & Danielle Marzarella
Submitted a request for an 8-foot rear yard variance to a required 25-foot rear yard
setback which will result in a 17-foot rear setback for a covered deck. The property is
located at 120 Triangle Court, Winchester and is identified with Property Identification
Number 55N-1-4-133 in the Red Bud Magisterial District.
4.C.Appeal #16-24 of Hughes & Smith Inc. - TABLED
Submitted to Appeal the Decision of the Zoning Administrator, letter dated July 9, 2024,
as it relates to Zoning Ordinance, Chapter 165, Section 603.02. Allowed uses in the B2
(General Business) Zoning District. The property is located off Millwood Pike (Route 50)
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, AUGUST 20, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA08-20-24MeetingMinutesJune18.pdf
BZA08-20-24VAR14-24_Redacted.pdf
BZA08-20-24VAR15-24_Redacted.pdf
1
to Costello Drive (Route 1367) and is identified with Property Identification Number 64-
10-1 in the Shawnee Magisterial District.
4.D.Appeal #17-24 of Hughes & Smith Inc. - TABLED
Submitted to Appeal the Decision of the Zoning Administrator, letter dated July 9, 2024,
as it relates to Zoning Ordinance, Chapter 165, Section 603.02 Allowed uses in the B2
(General Business) Zoning District. The property is located off Millwood Pike (Route
50), proceed to Prince Frederick Drive (Route 781) to Costello Drive (Route 1367) and
is identified with Property Identification Number 64-10-2 in the Shawnee Magisterial
District.
4.E.Appeal #18-24 of Hughes & Smith Inc. - TABLED
Submitted to Appeal the Decision of the Zoning Administrator, letter dated July 9, 2024,
as it relates to Zoning Ordinance, Chapter 165, Section 607.02. Allowed uses in the M2
(Industrial General) Zoning District. The property is located at 177 Ryco Lane,
Winchester and is identified with Property Identification Number 64-10-100A in the
Shawnee Magisterial District.
4.F.Appeal #19-24 of Hughes & Smith Inc. - TABLED
Submitted to Appeal the Decision of the Zoning Administrator, letter dated July 9, 2024,
as it relates to Zoning Ordinance, Chapter 165, Section 607.02 Allowed uses in the M2
(Industrial General) Zoning District. The property is located at 179 Ryco Lane,
Winchester and is identified with Property Identification Number 64-10-100B in the
Shawnee Magisterial District.
4.G.Variance #20-24 for Alan Newlin & Alan Newlin II
Submitted a request for a 39.5-foot left side yard variance to a required 50-foot left side
yard setback which will result in a 10.5-foot left side setback, and a 34.4-foot right side
yard variance to a required 50-foot right side yard setback which will result in a 15.6-
foot right side setback for a dwelling. The property is located on the southeastern side
of the cul-de-sac just east of 101 Stonewall Circle approximately 300 feet east of the
intersection with Round Hill Road and is identified with Property Identification Number
53B-1-11 in the Back Creek Magisterial District.
5.Other
BZA08-20-24VAR20-24_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Meeting Minutes
Title: Minutes of June 18, 2024
Attachments:
BZA08-20-24MeetingMinutesJune18.pdf
3
Frederick County Board of Zoning Appeals 1911
June 18, 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 June 18, 2024.
PRESENT: Eric Lowman, Chairman, Red Bud District; Dwight Shenk, Gainesboro District;
James Prohaska, Opequon District; Dudley Rinker, Vice-Chairman, Back Creek District; John
Cline, Stonewall District; and Ronald Madagan, Member at Large.
ABSENT: Dolores Stottlemyer, Shawnee 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 3:30 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 July. Mr. Cheran stated there is no
meeting in July because the boardroom is going to be renovated. We do have an application for
the August meeting.
A motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the May 21, 2024,
meeting were unanimously approved with a correction of adjournment time to 4:45 p.m.
PUBLIC HEARING
Mr. Cheran came forward and stated we have a dilemma. The two variances 11-24 and 12-24 for
the Estate of Virginia Unger (Kenneth Unger) will need a vote in order to be heard today or in
August. Mr. Cheran stated that the County Attorney requested the two applications be heard in
August.
Mr. Cano, Assistant County Attorney, came forward and explained the request to wait. He said the
wording of the legal ad listed the Property Identification Numbers and at the time of publication,
the County map was not updated. The requirements for legal ads notice of public hearing have
changed. Mr. Cano referred to a court case. A citizen could challenge this in court because the
property identification numbers were listed in the legal notice and not listed on the County
mapping system. He continued by saying that it’s not the citizen obligation to research the property
to find out what the Applicant is requesting. If the citizen had researched this on the County
4
Frederick County Board of Zoning Appeals 1912
June 18, 2024
website, there would be no Property Identification Numbers. I recommend that we wait to be heard
in August, that way we can meet the requirement of legal notice.
Mr. Cheran came forward and explained that this was not the fault of the Applicant. The Applicant
is trying to create two new parcels. After I signed off on the plats on May 15, 2024, the Applicant
had them recorded the same day. Mr. Unger did post the property with the signs of a hearing.
When the GIS Technician was creating the maps, she noticed that the Property Identification
Numbers for the new lots were not showing on the GIS mapping system. The Commissioner of
Revenue didn’t update the system until June 10. This was almost a month since the plats were
recorded with an instrument number. The department has no control over the Clerk of the Court.
Mr. Cheran stated that we have one letter in opposition to these variances.
Chairman Lowman asked the Applicant to come forward. If we delayed these Variances, how
would this affect you.
Mr. Kenneth Unger stated, I followed the procedure and recorded the plats. I have contracts on
the parcels already scheduled dates for closing on the properties June 28, and July 3, 2024.
Discussion
A member said this is not the fault of the Applicant, and maybe someone failed to do their job.
A comment was made that the previous recording time would only take two weeks.
Closed Public Hearing.
A motion made by Mr. Prohaska and seconded by Mr. Shenk, the agenda was adopted as
presented and to hear the two variances #11-24 and 12-24 Estate of Virginia Unger.
Public Hearing
Chairman Lowman read the 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.
Mr. Cheran came forward to present his staff report and maps. He gave the address and said this
parcel is in the Lake Frederick Subdivision and is considered a single-family small lot type. The
property cannot meet the current setbacks for a covered porch because of the size and the
existing location of the dwelling. The setbacks for this lot type are: 25-ft front, 5-ft sides and 15-
ft in the rear.
The Applicant already has an existing uncovered deck. The Applicant would like to cover the
deck and she is requesting a 2.5-ft. rear yard setback to a required 15-ft rear yard resulting in a
12.5-ft rear setback. Staff mentioned that the uncovered deck is 5-ft, and the Applicant meets
5
Frederick County Board of Zoning Appeals 1913
June 18, 2024
that setback. Staff noted that when you attach a porch roof to the dwelling that is considered part
of the primary structure and the setback for the attached covered porch is 15-ft for rear setback.
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.
The Applicant, Maria Salter came forward. Ms. Salter stated, I have nothing prepared but I can
answer any questions. Board members had no questions for her.
Chairman Lowman asked if there is anyone wishing to speak in favor or in opposition of this variance
to come forward.
Public Hearing Closed
A motion made by Mr. Prohaska and seconded by Mr. Rinker, Variance #10-24 for Maria Salter
was unanimously approved.
Public Hearing
Chairman Lowman read Variance #11-24 for Estate of Virginia Unger (Kenneth Unger) 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 right setback for a dwelling. The property is located on the north side of
Martinsburg Pike (Rt. 11), proceed to Red Bud Road (Rt. 661), to Milburn Road (Rt. 662) and is
identified with Property Identification Number 44-A-28J in the Stonewall Magisterial District.
Mr. Cheran came forward to present his staff report and maps. Staff mentioned that the property to
the North fronts the open space of Snowden Bridge and to the East and West is the Red Bud
Agricultural & Forestal District. Mr. Cheran reiterated the setback the Applicant is seeking. The
history of the plats was submitted to the County. The plats created a new lot. The plats didn’t have
6
Frederick County Board of Zoning Appeals 1914
June 18, 2024
the 200 ft setback on them for the Agricultural & Forestal District. The Applicant was unaware of
this setback. The engineering company resubmitted the plat with the correct setback, and I signed
the plats. Mr. Unger recorded the plats the same day as my signature. Mr. Cheran noted that the
board can’t grant a variance unless the plat is recorded. There was a delay between the Clerk of the
Court and the Commissioner of Revenue, and the map update was delayed. On June 10, the update
on the GIS system was completed. Mr. Cheran mentioned that we received one letter opposing the
two variances.
Mr. Cheran concluded by reciting 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.
Staff noted the variance appears to meet the intent of the Code of Virginia and the Frederick County
Code.
The Applicant, Kenneth Unger came forward and gave background information on the property. I
have followed the steps in order to seek a variance for this lot. I feel the 200 -ft setback from the
Agricultural & Forestal District is restricting my land.
A committee member commented that the buffer is for protection of the owner of the new parcel and
that it appears that a dwelling could be placed on that parcel without the variance.
A question was posed to Mr. Cheran by a committee member would this affect the adjoining property
owner that is in the Agricultural and Forestal District. Mr. Cheran explained.
Chairman Lowman asked if there is anyone wishing to speak in favor or in opposition of this variance
to come forward.
Public Hearing Closed
A Committee member said the 200-ft setback was approved by the Board of Supervisors to protect
the owners of the adjoining property owner that abuts up against the Agricultural Forestal District.
7
Frederick County Board of Zoning Appeals 1915
June 18, 2024
A comment was made that the only reason I am making a motion is that Snowden Bridge
Subdivision is still building homes.
A motion made by Mr. Cline and seconded by Mr. Shenk, Variance #11-24 for Estate of Virginia
Unger was approved with a 5 to 1 vote.
Public Hearing
Chairman 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
(Rt. 11), proceed to Red Bud Road (Rt. 661), to Milburn Road (Rt. 662) and is identified with
Property Identification Number 44-A-28K in the Stonewall Magisterial District.
Mr. Cheran came forward to present his staff report and the maps. This property is in the RA (Rural
Areas) District and adjoins the Red Bud Agricultural Forestal District. The Applicant is requesting a
100-foot rear variance to a 200-ft setback. If approved this would place the dwelling at a 100 ft rear
setback. This lot was created in 2024 adjoining an Agricultural and Forestal District.
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) 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 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.
Staff noted that the variance does meet The Code of Virginia 15.2309 (2) and the Frederick County
Code. The proposed variances appear to be consistent with the character of the District.
Mr. Kenneth Unger came forward to answer any question the Board might have. There were no
questions for him.
8
Frederick County Board of Zoning Appeals 1916
June 18, 2024
Chairman Lowman asked if there is anyone wishing to speak in favor or in opposition of this variance
to come forward.
Public Hearing Closed
A motion made by Mr. Cline and seconded by Mr. Shenk, Variance #11-24 for Estate of Virginia
Unger was approved with a 5 to 1 vote.
Public Hearing
Chairman Lowman read Variance #13-24 for Mahlon Estep and Dorothy Estep (Patty Demmon)
submitted a request for a 11-foot rear yard variance to a required 15-foot rear yard setback which
will result in a 4-foot rear setback for a cover 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.
Staff came forward to present maps of property and staff report. The property is located on Poe
Drive in the Raven Oaks subdivision. 2022 was the creation of the subdivision and the lot types
are single family small. Staff explained that single family small lots are usually located in age
restricted communities such as Lake Frederick in the R5 Zoning District. The house does adjoin
open space in the rear which will never be built on. The Applicant is seeking a 11-ft. rear variance
to a 15-foot required setback which will result in a 4-ft rear yard setback for a covered accessory
structure.
Mr. Cheran said once you start covering the deck that is considered part of the primary structure
and the setback are the same as the primary structure.
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) 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 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 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
9
Frederick County Board of Zoning Appeals 1917
June 18, 2024
process for modification of a zoning ordinance.
Staff noted that the variance does meet The Code of Virginia 15.2309 (2) and the Frederick County
Code. The proposed variances appear to be consistent with the character of the District.
Mr. Cheran stated that the applicant is not here but the applicant’s son-in-law, Mr. John Deemen,
is here to answer any questions. My wife’s parents are moving to the area to be close to us and
would like to enjoy the view outside with a covered deck.
Chairman Lowman asked if there is anyone wishing to speak in favor or in opposition of this variance
to come forward.
Public Hearing Closed
A motion made by Mr. Rinker and seconded by Mr. Cline, Variance #13-24 for Mahlon &
Dorothy Estep was unanimously approved as presented.
There being no other business, the meeting adjourned at 4:25.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
10
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Variance #14-24 for Donald Adams
Attachments:
BZA08-20-24VAR14-24_Redacted.pdf
11
VARIANCE APPLICATION #14-24
DONALD ADAMS
Staff Report for the Board of Zoning Appeals
Prepared July 17, 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:
August 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 1490 Old Bethel Church Road, Winchester, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-144A
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Residential
South: RA (Rural Areas) District Use: Residential
East RA (Rural Areas) District Use: Residential
West: RA (Rural Areas) District Use: Residential
VARIANCE REQUESTED: The Applicant is seeking a 7-ft. right side yard setback variance to a
required 15-ft. right side yard setback which will result in an 8-ft. right side setback for an addition.
REASON FOR VARIANCE: The property cannot meet the assigned setback.
STAFF COMMENTS: Subdivision was created in 1947; parcel predates existing Zoning
Ordinance requirements. Frederick County adopted zoning in 1967. The Frederick County historical
zoning map shows this property was zoned A-1 (Agricultural Limited). The property setback lines at
the adoption of the zoning ordinance were 35-feet for the front yard setback and 15-feet for the side
yards. Frederick County amended its Ordinance in 1989 to change the zoning district to the current
RA (Rural Areas) Zoning District, making the current setbacks for the property: 60-feet to the front,
12
Variance #14-24 – Donald Adams
Page 2
July 17, 2024
50 feet to the rear, and 50 feet to both sides.
This property was subject to a variance #20-06 approved in 2006 for the setbacks of: 40-foot right
side yard variance and 35-foot left side yard variance (resulting in a 10-foot right side yard and a 15-
foot left side yard) for a single-family dwelling.
STAFF CONCLUSIONS FOR THE AUGUST 20, 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.
It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2).
This request from the current setbacks of the of the approved variance #20-06 may not be justified.
The applicant was aware of the approved variance when the dwelling was built in 2007. Staff would
recommend denial of this variance application. The strict application of the Frederick County Zoning
Ordinance does not produce an unreasonable restriction on the property as required by the Code of
Virginia 15.2-2309 (2).
13
30 A 144A
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Application
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14
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25
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Variance #15-24 for Vito & Danielle Marzarella
Attachments:
BZA08-20-24VAR15-24_Redacted.pdf
26
VARIANCE APPLICATION #15-24
VITO & DANIELLE MARZARELLA
Staff Report for the Board of Zoning Appeals
Prepared August 2, 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:
August 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 120 Triangle Court, Winchester, Virginia.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 55N-1-4-133
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) District Use: Open Space
South: RP (Residential Performance) District Use: Residential
East RP (Residential Performance) District Use: Residential
West: RP (Residential Performance) District Use: Residential
VARIANCE REQUESTED: The Applicant is seeking an 8-ft. rear yard variance to a required 25-ft.
rear yard setback which will result in a 17-foot rear setback for an accessory structure.
REASON FOR VARIANCE: The property cannot meet the current rear setback for the RP
(Residential Performance) Zoning District for a deck.
STAFF COMMENTS: This property was created in 2020 as part of the Abrams Pointe subdivision
that is zoned RP Zoning District. The setbacks for this property are: Front 20-feet, Left and Right side
20-feet and Rear 25-feet. The applicant is requesting variance to build an uncovered and covered deck on
the rear of the property,
27
Variance #15-24 – Vito & Danielle Marzarella
Page 2
August 2, 2024
STAFF CONCLUSIONS FOR THE AUGUST 20, 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 RP (Residential Performance) Zoning District maybe appropriate.
28
55N 1 4 133
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29
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VAR # 15 - 24: Vito and Danielle MarzarellaPIN: 55N - 1 - 4 - 133Rear VarianceLocation Map
VAR #15 -24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Appeal #16-24 of Hughes & Smith Inc. - TABLED
Attachments:
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Appeal #17-24 of Hughes & Smith Inc. - TABLED
Attachments:
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Appeal #18-24 of Hughes & Smith Inc. - TABLED
Attachments:
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Appeal #19-24 of Hughes & Smith Inc. - TABLED
Attachments:
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: August 20, 2024
Agenda Section: Public Hearings
Title: Variance #20-24 for Alan Newlin & Alan Newlin II
Attachments:
BZA08-20-24VAR20-24_Redacted.pdf
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VARIANCE APPLICATION #20-24
ALAN & ALAN NEWLIN II (MICHAEL ARTZ, POA)
Staff Report for the Board of Zoning Appeals
Prepared August 2, 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:
August 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located at 101 Stonewall Circle.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53B-1-12
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Vacant
South: RA (Rural Areas) District Use: Vacant
East RA (Rural Areas) District Use: Residential
West: RA (Rural Areas) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 32.2-ft. variance to a required 60-ft.
front yard setback which will result in a 27.8-foot front yard setback and a 10-ft. variance to a required
15-ft. left side yard setback which will result in a 5-foot left setback for a dwelling.
REASON FOR VARIANCE: The property cannot meet the current RA (Rural Areas) setbacks for
an accessory structure.
STAFF COMMENTS: This 18,325+/- sq. ft. property was created in 1948 as part of the
Stonewall Orchards subdivision. The property is currently zoned RA (Rural Areas). This property
does not have Building Restriction Lines (BRL) assigned to it and would have to meet the current
RA (Rural Areas) District setbacks. The Frederick County historical zoning map shows this
property as being zoned A-2 (Agricultural General) in 1967. The property setback lines at the
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Variance #20-24 – Alan & Alan Newlin II
Page 2
August 2, 2024
adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards and 35-feet for
the rear yard. Frederick County amended its Ordinance in 1989 to change the A-2 Zoning District
to the RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended
the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this
property 60-feet for the front, 15-feet left-side yard.
STAFF CONCLUSIONS FOR THE AUGUST 20, 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 Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District and maybe appropriate.
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53B 1 12
2275NORTHWESTERNPIKE
103STONEWALL DR 107STONEWALL DR
137ROUNDHILL RD
100STONEWALL DR
2177NORTHWESTERNPIKE
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VAR # 20 - 24: Alan Newlin and Alan Newlin IIPIN: 53B - 1 - 12Front and Left Side VarianceZoning Map
VAR #20-24
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53B 1 12
2275NORTHWESTERNPIKE
103STONEWALL DR 107STONEWALL DR
137ROUNDHILL RD
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2177NORTHWESTERNPIKE
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ECHO LNWARD AVENORTHWESTERN PIKE
ROUND HILL RD
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VAR # 20 - 24: Alan Newlin and Alan Newlin IIPIN: 53B - 1 - 12Front and Left Side VarianceLocation Map
VAR #20-24
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