BZAMinutes2024August20
Frederick County Board of Zoning Appeals 1916
August 20, 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 August 20, 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; Dolores Stottlemyer, Shawnee District and Ronald Madagan, Member
at Large.
ABSENT:
STAFF PRESENT: Mark Cheran, Zoning Administrator; Bryton Dean, Zoning Inspector 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 September. We do have an application
for the September meeting.
A motion made by Mr. Cline and seconded by Mr. Shenk the minutes for the June 18, 2024, meeting
was unanimously approved.
Mr. Cheran explained that we have four appeals listed on the agenda submitted by Hughes & Smith
Inc. The attorney representing Hughes & Smith recommended to table these items. Mr. Cheran
reported that the Company is working with the County to come with a solution that would benefit
everyone. The Company is submitting a site plan and will be reviewed by our department. This is a
Company that could bring revenue to the County. For the record, we need to have a motion on the
four appeals.
A motion was made by Mr. Shenk and seconded by Mr. Rinker that the four appeal applications for
Hughes & Smith be tabled at this time. There was an unanimously vote to table.
Frederick County Board of Zoning Appeals 1917
August 20, 2024
PUBLIC HEARING
Chairman Lowman read 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), in Winchester and is identified with Property Identification Number 30-A-144A in the
Gainesboro Magisterial District.
Mr. Cheran reported this parcel is in the RA (Rural Areas) District and was created in 1947. The
current use is residential. The Applicant is requesting a 7-ft right side yard setback to a required
15-ft right side yard setback which will result in 8-ft right side for an addition.
The County adopted zoning in 1967. The historical map shows this property as a A-1 (Agricultural
Limited). When the ordinance was adopted the setbacks for the property were 35-feet for the front
yard and 15-feet for the side yard. Ordinance was amended in 1989 changing the zoning to a RA
(Rural Areas) District. The current setbacks for this property are: 60-feet to the front, 50-feet to
the rear and 50-feet to the sides.
Staff noted that this parcel had a variance approved in 2006 with setbacks of 40-foot right side yard
and 35-foot left side yard variance resulting in a 10-foot right side yard and a 15-foot left side yard
for a dwelling. The applicant went through the same process. Usually, the Board only grants one
variance per parcel unless extenuating circumstances such as measured wrong or rock ledge.
Staff continued with The Code of Virginia 15.2-2309 (2) and Code of Frederick Couty 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.
Chairman Lowman asked the Applicant, Mr. Adams, to come forward.
Frederick County Board of Zoning Appeals 1918
August 20, 2024
Mr. Adams commented, at the time the house was built, the family was smaller and now the family
is growing.
Chairman Lowman asked if anyone would like to speak in favor or opposition of this variance to come
forward. No one came forward.
Public Hearing Closed
Discussion
Several members of the Board visited the parcel and commented. Mr. Shenk asked if he contacted the
next-door neighbor. Mr. Adams replied yes. Mr. Cline confirmed that he is only asking for the right-
side variance. Mr. Cheran replied yes. Mr. Madagan noted that the extension wouldn’t be any closer
to the property line once he removes the outdoor fence to build.
On a motion made by Mr. Shenk to approve the Variance #14-24 Donald Adams and was seconded by
Mr. Madagan, the request was unanimously approved as presented.
Public Hearing
Chairman Lowman read Variance #15-24 for Vito and 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.
Mr. Cheran presented the staff report and maps. The property owner cannot meet the current rear setback for
the RP (Residential Performance) District for a deck.
This property was created in 2020 as part of the Abrams Pointe subdivision that is zoned RP Zoning District.
This parcel is known as a pipe stem property. The setbacks for this property are front 20-feet, left and right
side 20-feet and rear 25-feet. The Applicant is requesting to build a deck on the rear of the dwelling.
Staff concluded with The Code of Virginia 15.2-2309 (2) and the 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 of 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.
Mr. Cheran mentioned that the variance does meet The Code of Virginia and Frederick County Code.
Frederick County Board of Zoning Appeals 1919
August 20, 2024
Chairman Lowman asked the Applicant to come forward and if he wanted to make a statement to the Board
or the Board might have a question for him.
Mr. Marzarella came forward and made his statement about the deck. He pointed out that his land backs up
to wooded open space.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance. No one came
forward.
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Cline to approve #15-24 Vito and Danielle Marzarella and seconded by Mr. Rinker
the request was unanimously approved.
Appeal #16-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) 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) to Costello Drive (Route 1367) and is identified with Property Identification
Number 64-10-1 in the Shawnee Magisterial District. Tabled
Appeal #17-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) 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 (Route 781) to Costello Drive (Route 1367) and is
identified with Property Identification Number 64-10-2 in the Shawnee Magisterial District. Tabled
Appeal #18-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) 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
off Millwood Pike (Route 50) to 177 Ryco Lane and is identified with Property Identification Number 64-10-
100A in the Shawnee Magisterial District. Tabled
Appeal #19-24 of Hughes & Smith Inc. (Fredericktowne Group) (T. Lawson, POA) 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
off Millwood Pike (Route 50) to 179 Ryco Lane and is identified with Property Identification Number 64-10-
100B in the Shawnee Magisterial District. Tabled
Public Hearing
Chairman Lowman read Variance #20-24 for Alan & Alan Newlin II (Michael Artz, POA) submitted a
request for a 32-foot front yard variance to a required 60-foot front yard setback which will result in a 27.8-
foot front setback and 10-foot left side yard variance to a required 15-foot left side yard setback which will
result in a 5-foot left side setback for an accessory structure. The property is located at Route 50 west to the
Frederick County Board of Zoning Appeals 1920
August 20, 2024
southeastern intersection of Stonewall Circle and Round Hill Road and is identified with Property
Identification Number 53B-1-12 in the Back Creek Magisterial District.
Mr. Cheran presented the staff report and maps. The reason for the variance the Applicant cannot meet
the current RA (Rural Areas) District setbacks for an accessory structure. Staff gave a brief history
of the parcel. This lot was created in 1948 with 18,325+/- square foot and is part of the Stonewall
Orchards Subdivision. Staff noted this is a corner lot and has two fronts. Since the property does not
have building restriction lines on the plat, the Applicant would need to follow today’s setbacks. The
historical maps show this property as being zoned A-2 (Agricultural General) in 1967. At that time
the ordinance was adopted, the setbacks were 35-feet for the front, 35-feet for left and right-side yards
and 35-feet for the rear. In 1989 the zoning ordinance changed the A-2 (Agricultural General) District
to the RA (Rural Areas) District. The Board of Supervisors on February 28, 2007, changed the
setbacks for the RA (Rural Areas) to 60-feet for the front and 15-feet left side yard.
Mr. Cheran reiterated The Code of Virginia and Frederick County Code. Staff mentioned that if the
variance was granted for an accessory structure would be in character with surrounding properties.
Mr. Artz came forward because he is representing the applicant. Mr. Artz mentioned that the house is
closer to the road and the accessory structure will be back further from the road. Mr. Artz stated this
house is on a corner lot and has two fronts.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance. No one came
forward.
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Rinker to approve #20-24 Alan Newlin and Alan Newlin II and seconded by Mr.
Shenk the request was unanimously approved.
There being no other business, the meeting adjourned at 4:20.
____________________________________
Eric Lowman, Chairman
____________________________________
Pamala Deeter, Secretary
Frederick County Board of Zoning Appeals 1921
August 20, 2024