BZAMinutes2024October15Frederick County Board Zoning Appeals
October 15, 2024
1921
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 October 15, 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 November. Mr. Cheran replied as of this
moment no, but the cutoff date is October 18, 2024.
A motion made by Mr. Shenk and seconded by Mr. Rinker the minutes for the August 20, 2024,
meeting was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #22-24 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 yard setback for a deck. The
property is located at 106 Triangle Court, Winchester and is identified with Property Identification
Number 55N-1-4-126 in the Red Bud Magisterial District.
Frederick County Board Zoning Appeals
October 15, 2024
1922
Mr. Cheran came forward to present staff report and location map. The current use is residential.
The Applicant is requesting an 8-ft rear yard setback to a required 25-ft rear yard setback which
will result in 17-ft rear yard setback for a deck. This parcel is located in the Red Bud Magisterial
District. Staff mentioned the parcel was created in 2020 as part of the Abrams Pointe subdivision
and is zoned RP (Residential Performance) District.
Mr. Cheran showed the map and comment that the property is a pipestem. Staff said there is a
different setback for a pipestem lot. The setbacks are different from the other RP setbacks. The
pipestem setbacks are reduced for decks and similar features.
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.
The variance appears to be consistent with the character of the district; and meets The Code of
Virginia and the Code of Frederick County.
Chairman Lowman asked the Applicant, Mr. Politano, to come forward.
Mr. Politano didn’t prepare a statement but did comment that parcel backs up to woods and a
county easement.
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/No Discussion
On a motion made by Mr. Shenk to approve the Variance #22-24 for Andrew Politano and Sandra Diaz
and was seconded by Mr. Cline, the request was unanimously approved as presented.
Frederick County Board Zoning Appeals
October 15, 2024
1923
Public Hearing
Variance #23-24 for Kee Construction (John and Vicki O’Donnell) submitted a request for a 50-foot rear
yard variance to a required 100-foot rear yard setback which will result in a 50-foot rear yard setback for an
addition of a family room, laundry room and a deck. The property is located at 202 Steepwood Lane,
Winchester and is identified with Property Identification Number 55-A-143A in the Stonewall Magisterial
District.
Mr. Dean presented the staff report and maps. The property owner cannot meet the current rear setback for
the RA (Rural Areas District for an addition of a family room, laundry room and a deck.
Staff stated this property was created in 1967, and the historical maps shows this 3-acre property zoned as A-
2. There are no building restriction lines are assigned to it. In 1967, the setbacks were 35-feet front, 35-feet
for the side yards and 35-feet for the rear. The Board of Supervisors amended the Ordinance in 1989, and the
zoning changed from A-2 Zoning District changed to RA (Rural Areas). Staff noted the Ordinance was
amended in 2007 making the current setback for RA lots 60-feet for the front, 50-feet to the rear, and 100-
feet left side yard and 50-feet right side yard.
Mr. Dean 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. Dean mentioned that the variance does meet The Code of Virginia and Frederick County Code and
consistent with the character of the district.
Chairman Lowman asked the representative, Karen Moreland for the Applicant to come forward. The
Representative did not have a real statement prepared. Karen stated that she worked with the Planning
Department so she could move forward. She mentioned, that the owner that resides near this parcel sent in
a letter not opposing this variance. The adjoining property is a rental property.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance. No one came
forward.
Frederick County Board Zoning Appeals
October 15, 2024
1924
Public Hearing Closed
Discussion/No Discussion
On a motion made by Mr. Cline to approve #23-24 John & Vicki O’Donnell (Kee Construction) and seconded
by Mr. Rinker the request was unanimously approved as presented.
Public Hearing
Variance #24-24 for Mike Artz (Karina and Daniel Granado) submitted a request for a 35-foot left yard
variance to a required 50-foot left yard setback which will result in a 15-foot left side yard setback and a 35-
foot right yard variance to a required 50-foot right yard setback which will result in a 15-foot right yard
setback for a structure. The property is located on left (North) side of Campbell Lane, Winchester and is
identified with Property Identification Number 85A-2-A-12 in the Opequon 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 a structure. Staff gave a brief history of the parcel.
This lot was created in 1953 and is 0.8364-acre which is part of the E. R. Conner Subdivision. Staff
researched the parcel, and the historical map shows the property as 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. The Board of Supervisors changed the zoning from A-2 to
RA in 1989. Staff mentioned that February 28, 2007, setback was changed to the current setback
which is 60 feet for the front 100-feet to the rear and 50-feet left and right-side yards.
Mr. Cheran reiterated The Code of Virginia and Frederick County Code. Staff mentioned, that if the
variance was granted for a structure would enhance the character of surrounding properties.
Mr. Artz came forward representing Daniel and Karina Granado. Mr. Artz mentioned that most
houses in the area are one single lot and this particular this parcel is two lot consolidated. Mr. Artz
would answer any questions the Board might have.
Chairman Lowman commented that this would enhance the neighborhood.
Chairman Lowman asked if anyone would like to speak in favor or opposition for this variance.
Mr. Yaron Linett, a resident at 4830 Valley Pike came forward to speak against the variance. The resident
stated if the contractor damaged the historical value and nature of the dwelling; there needs to be some
recourse action. The contractor needs to be accountable for his actions.
Public Hearing Closed
Discussion
Two Board members said that this improvement would give the neighborhood an appeal.
Frederick County Board Zoning Appeals
October 15, 2024
1925
On a motion made by Mr. Prohaska, to approve #24-24 Karina & Daniel Granado (Mike Artz) as presented
and seconded by Ms. Stotlemyer the request was unanimously approved.
There being no other business, the meeting adjourned at 4:20.
____________________________________
Eric Lowman, Chairman
____________________________________
Pamala Deeter, Secretary