BZAMinutes2024November19Frederick County Board of Zoning Appeals 1924
November 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 November 19, 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 December. Mr. Cheran replied yes and
the cutoff date is Friday.
A motion made by Mr. Cline and seconded by Mr. Rinker the minutes for the October 15, 2024,
meeting was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #25-24 for Rena Maffei submitted a request for a 45-foot rear
yard variance to a required 100-foot rear yard setback which will result in a 55-foot rear yard setback
for a structure. The property is located at 280 Mountain Falls Road, Winchester and is identified with
Property Identification Number 70-A-68A in the Back Creek Magisterial District.
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Frederick County Board of Zoning Appeals 1925
November 19, 2024
Mr. Dean came forward to present the staff report and location map. The 5.72-acre property was
created in 1973 and the zoning at that time was A-2 (Agricultural General). At the time of adoption
of the Zoning Ordinance, the setback for the parcel was 35-feet for the front, 35-feet for the side
yards and 35-feet for the rear yard. The current zoning is Rural Areas (RA) Zoning District. There
are no building restrictions line (BRL) assigned to this parcel so the applicant would need to meet
the current setbacks. Staff stated that most of the parcel is in a floodplain.
The Ordinance was amended in 1989 changing the A-2 Zoning District to the Rural Areas (RA)
Zoning District. Again, the Ordinance was amended February 28, 2007. Setbacks were changed
to 60-feet for the front, 100-feet from the left, 50-feet from the right, and 100-feet from the rear
property lines. The applicant would need to following today’s setbacks which are 60-feet for the
front, 100-feet from the left, and 50-feet from the right, and 100-feet from the property line.
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. The granting of the variance will not be a substantial detriment to adjacent property and 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 a nature
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; and
5. The relief or remedy sought by the variance is not available through a conditional use permit
process or the process for modification of a zoning ordinance.
The variance meets The Code of Virginia and the Code of Frederick County.
Chairman Lowman asked the Applicant, Ms. Maffei, to come forward. Ms. Maffei didn’t prepare
a statement, but would answer questions. The Applicant did comment that the middle of the parcel
is all floodplain that is why we need the rear variance.
Chairman Lowman inquired if there is a dwelling on the parcel. Applicant stated no just older
buildings.
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
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Frederick County Board of Zoning Appeals 1926
November 19, 2024
On a motion made by Mr. Rinker to approve the Variance #25-24 for Rena Maffei and was seconded
by Mr. Shenk, the request was unanimously approved as presented.
Other Business
Mr. Cheran gave an update on appeal court cases.
1. The appeal for Mr. Robert Gallalee in Shawneeland was dismissed in the Circuit Court on a
procedure motion.
2. Winchester Wireless for has two appeals and two variances for towers in the Circuit Court and
the date is December 5. The two appeals were pushed back because of COVID and cases were
not criminal cases. Winchester Wireless had the opportunity to apply for a Conditional Use
Permit (CUP) but didn’t.
There being no other business, the meeting adjourned at 3:45.
____________________________________
Eric Lowman, Chairman
____________________________________
Pamala Deeter, Secretary
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