BZAAgenda2025January211.Call to Order
2.Determination of a Quorum
3.Election of Officers and Adoption of Bylaws
3.A.Election of Officers and Adoption of Bylaws
4.Public Hearings
4.A.Variance #26-24 for Thomas Liskey
Submitted a request for a 40-foot front yard variance to a required 60-foot front yard
setback which will result in a 20-foot front yard setback for an accessory structure. The
property is located at 243 Veterans Road, Middletown and is identified with Property
Identification Number 91-A-9 in the Back Creek Magisterial District.
4.B.Variance #30-24 for Gregory Missar
Submitted a request for a 20-foot rear yard variance to a required 25-foot rear yard
setback which will result in a 5-foot rear yard setback for a deck. The property is in the
Abrams Pointe Subdivision at 112 Triangle Court and is identified with Property
Identification Number 55N-1-4-129 in the Red Bud Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JANUARY 21, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA01-21-25ElectionofOfficers_AdoptionofBylaws.pdf
BZA01-21-25VAR26-24_Redacted.pdf
BZA01-21-25VAR30-24_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 21, 2025
Agenda Section: Election of Officers and Adoption of Bylaws
Title: Election of Officers and Adoption of Bylaws
Attachments:
BZA01-21-25ElectionofOfficers_AdoptionofBylaws.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County of Board Zoning Appeals
FROM: Mark R. Cheran, Zoning Administrator
RE: Election of Officers, Meeting Schedule & Adoption of Bylaws
DATE: January 9, 2025
________________________________________________________________________
ELECTION OF OFFICERS FOR 2025
At the first meeting of each year, the Board of Zoning Appeals elects a Chairman, Vice-
Chairman and Secretary. These three Board of Zoning Appeals officers assume office
immediately and hold such office for the duration of the calendar year.
For each office, the Board of Zoning Appeals will open the nominations; accept
nominations; close nominations; and vote to fill the officer position.
ADOPTION OF MEETING SCHEDULE FOR 2025
At the first meeting of each year, the Board of Zoning Appeals adopts their meeting
schedule for the ensuing year.
Historically, the Board of Zoning Appeals holds meetings on the third Tuesday of each
month at 3:30 p.m., held in the Board of Supervisors meeting room in the Frederick
County Administration Building.
BOARD OF ZONING APPEALS BYLAWS FOR 2025
At the first meeting of each year, the Board of Zoning Appeals adopts their Bylaws for
the ensuing year.
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FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Proposed January 21, 2025)
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals (BZA) is established by and in conformance
with Chapter 165 of the Code of Frederick County, and in accord with the provisions of
Section 15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of Chapter 165 of the Code of Frederick County, in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
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membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1Preside at meetings.
4-3-1-2Rule on procedural questions.
4-3-1-3Certify official documents involving the authority of the BZA.
4-3-1-4Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1Assume the full powers of the Chairman in the absence or inability of the chairman
to act.
4-3-3 The Secretary shall:
4-3-3-1Ensure that attendance is recorded at all meetings.
4-3-3-2Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3Notify members of all meetings.
4-3-3-4Prepare agendas for all meetings.
4-3-3-5Maintain files of all official BZA records and reports. Official records and reports
may be purged in accordance with applicable state codes.
4-3-3-6Give notice of all BZA meetings, public hearings.
4-3-3-7Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8Attend to the correspondence necessary for the execution of the duties and functions
of the BZA.
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
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ARTICLE V- MEETINGS
5-1 The BZA regular meetings will be held on the third Tuesday of each month at 3:30 PM in the
Board of Supervisors Meeting Room of the Frederick County Administration Building. In
the event of inclement weather, the meeting will be cancelled if: 1) The County
Administrative offices are closed on the day of the scheduled meeting, or 2) If the Chairman
declares that weather or other conditions make it hazardous for the BZA members or the
public to attend. In the event a scheduled meeting is cancelled, it will be continued to the
following Tuesday at 3:30 PM in the Board of Supervisors Meeting Room, unless all
applicants scheduled to appear at the cancelled meeting agree to delay the hearing of their
appeals until the next regular meeting of the BZA. Nothing herein shall prevent the
cancellation of a BZA meeting should no applications for BZA consideration be received by
the established deadline.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members
present.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
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7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall
sign all minutes following approval by the BZA certifying that the minutes are true
and correct. Minutes made available to the public prior to formal approval by the
BZA shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1Report by County Staff
7-3-3-2Presentation by Applicant
7-3-3-3Citizen Comment
7-3-3-4Rebuttal by Applicant
7-3-3-5Discussion by BZA
7-3-3-6Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
7-3-7-1The BZA shall hold public hearings on all items as required by the Code of Virginia,
(1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
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7-3-7-2The Chairman may establish special rules for any public hearing at the beginning of
said hearing. These rules may include limitations on the time of staff report,
applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1The BZA shall have the authority to table agenda items if any one of the following
situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 21, 2025
Agenda Section: Public Hearings
Title: Variance #26-24 for Thomas Liskey
Attachments:
BZA01-21-25VAR26-24_Redacted.pdf
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VARIANCE #26-24
Applicant Name Thomas Liskey
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: January 8, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: December 17, 2024
BZA: January 21, 2025
Action: Tabled
Action: Pending
Property Information
Property Identification Number (PIN) 91-A-9
Address 243 Veterans Road
Magisterial District Back Creek
Acreage 3.2068+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas) District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Vacant/Agriculture
West: RA (Rural Areas) District Land Use: Vacant
Variance Requested & Reasoning
The applicant is requesting a 40-foot variance to a required 60-foot front yard setback which
will result in a 20-foot front yard setback for an accessory structure. The property cannot meet
the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60 40 20
Left 15 N/A 15
Right 15 N/A 15
Rear 15 N/A 15
Staff Comments:
• This 3.2068-acre property was created prior to 1936.
• This 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 District
setbacks.
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• Since this lot was created prior to Zoning, the property was identified as being Zoned A-2
(Agricultural General) at the adoption of Zoning in 1967.
• The property setback lines for accessory structures at the adoption of the Zoning
Ordinance were 20-feet from all property lines.
• Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the
RA Zoning District.
• The Frederick County Board of Supervisors amended the primary setbacks for the RA
Zoning District on February 28, 2007, while amending the accessory use setbacks on May
24, 2017, to 60-feet from public street or roadways, 45-feet from private rights-of-way or
ingress/egress easements, and 15-feet from any side or rear property line.
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a) The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d) 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;
e) 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
f) 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.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request
for a variance from the current setbacks of the RA Zoning District and may be appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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91 A 9
508VETERANS RD
508VETERANS RD
3001THIRD ST
320COMMERCE ST
291IDLEWILD ST
250VETERANS RD
309IDLEWILD ST
160VETERANS RD
IDLEWILD STVETERANS RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 12, 2024
£¤11
FIR
STST
CYPRESSW AYCHAPEL
RDIDLEWILD STCOMMERCE STMCCUNERD HIGH STMEADOWTRACE LNVETERANS RDMINERAL STMiddletown
0 160 32080 Feet
VAR # 26 - 24: Thomas LiskeyPIN: 91 - A - 9Front VarianceZoning Map
VAR #26-24
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91 A 9
508VETERANS RD
508VETERANS RD
3001THIRD ST
320COMMERCE ST
291IDLEWILD ST
250VETERANS RD
309IDLEWILD ST
160VETERANS RD
IDLEWILD STVETERANS RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: November 12, 2024
£¤11
FIR
STST
CYPRESSW AYCHAPEL
RDIDLEWILD STCOMMERCE STMCCUNERD HIGH STMEADOWTRACE LNVETERANS RDMINERAL STMiddletown
0 160 32080 Feet
VAR # 26 - 24: Thomas LiskeyPIN: 91 - A - 9Front VarianceLocation Map
VAR #26-24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: January 21, 2025
Agenda Section: Public Hearings
Title: Variance #30-24 for Gregory Missar
Attachments:
BZA01-21-25VAR30-24_Redacted.pdf
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VARIANCE #30-24
Applicant Name Gregory Missar
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 27, 2024
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: January 21, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 55N-1-4-129
Address 112 Triangle Court
Magisterial District Red Bud
Acreage 13504 Sq. Ft
Zoning & Present Land Use Zoning: RP (Residential Performance)
District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RP (Residential Performance) District Land Use: Open Space
South: RP (Residential Performance) District Land Use: Residential
East: RP (Residential Performance) District Land Use: Residential
West: RP (Residential Performance) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 20-foot variance to a required 25-foot rear yard setback which
will result in a 5-foot rear yard setback for a deck.
Reasoning: This property cannot meet the current RP setbacks for a pipestem lot.
Minimum Variance Requested Resulting Setback
Front 20 Ft N/A 20 Ft
Left 20 Ft N/A 20 Ft
Right 20 Ft N/A 20 Ft
Rear 25 Ft 20 Ft 5 Ft
Staff Comments:
• This property was created in 2020 as part of the Abrams Pointe subdivision and is Zoned
RP (Residential Performance). This property is a pipestem lot with different setbacks than
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other RP lot types with respect to reduced setbacks for decks and other similar features.
The setbacks for this lot type are noted above.
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-1001.02 state that
no variance shall be granted unless the application can meet the following requirements:
a) The property interest for which the variance is being requested was acquired in good faith;
b) Any hardship was not created by the applicant for the variance;
c) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
d) 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;
e) 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
f) 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.
Summary & Requested Action:
This proposed variance appears to be consistent with the character of the district; and meets the
intent of The Code of Virginia §15.2-2309(2) and the Code of Frederick County. This is a request
for a variance from the current setbacks of the RP Zoning District and may be appropriate.
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
variance application.
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