HomeMy WebLinkAboutBZAMinutes2025January21Frederick County Board of Zoning Appeals
January 21, 2025 1936
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 January 21, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John
Cline, Stonewall District; James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District;
and Ronald Madagan, Member at Large.
ABSENT: Dudley Rinker, Vice-Chairman, Back Creek
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 is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there are any applications for February. Mr. Cheran replied yes.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Mr. Cheran opened the floor for nominations for Chairman. Mr. Madagan made a motion to nominate
Mr. Lowman and Mr. Cline seconded the motion. The floor was closed for nominations. The vote
was unanimous for Mr. Lowman as the Chairman.
Chairman Lowman opened the floor for nominations for Vice-Chairman. Ms. Stottlemyer made a
motion to nominate Mr. Rinker and Mr. Cline seconded the motion. The floor was closed for
nominations. The vote was unanimous for Mr. Rinker as the Vice-Chairman.
Chairman Lowman opened the floor for nominations for Secretary. Chairman Lowman made a motion
to nominate Mrs. Deeter and Mr. Cline seconded the motion. The floor was closed for nominations.
The vote was unanimous for Mrs. Deeter as the Secretary.
Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of the
month. Mr. Cline made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on
the third Tuesday of the month. Chairman Lowman seconded the motion, and the vote was unanimous.
Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by
Ms. Stottlemyer and seconded by Mr. Cline the Bylaws were unanimously approved as presented.
PUBLIC HEARING
Frederick County Board of Zoning Appeals
January 21, 2025 1937
Chairman Lowman read 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.
Mr. Dean came forward to present his staff report. The property is located at 243 Veterans Road in
the Back Creek District which is zoned RA (Rural Areas). Then proceed to show the maps of the
property. The adjoining properties are RA (Rural Areas). Staff mentioned that Mr. Liskey is requesting
a 40-foot front yard variance for a detached structure. The applicant cannot meet the current setback
for RA (Rural Areas) District because the well and septic.
Mr. Dean proceeded to give the background information on the property. The parcel is 3.2068-acres
and was created before 1936. The property does not have building restrictions lines so the applicant
would need to meet today's requirements. At the time of adoption, of Zoning in 1967 the parcel was
classified as A-2 (Agricultural General) District. At the time of adoption of the Zoning Ordinance, the
accessory structures were 20-feet from all property lines. The A-2 District changed to the RA District
in 1989 when the Board amended the Ordinance. The Board of Supervisors amended the Ordinance
on February 28, 2007, for primary setbacks in the RA District. Staff mentioned the Ordinance changed
again on May 24, 2017, for the accessory use section. Mr. Dean said the setback are 60-feet from
public street or roadways, 45-feet from private right-of-way or ingress/egress, and 15-feet from any
side or rear property line.
Staff concluded by stating 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
Frederick County Board of Zoning Appeals
January 21, 2025 1938
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.
Mr. Dean noted we did receive a e-comment today in favor of the variance. The applicant does meet
the intent of the State and County Codes for a variance on setbacks.
Chairman Lowman asked if the Applicant would come forward. Mr. Tom Liskey came forward. Mr.
Liskey stated I have no statement prepared but willing to answer question if the Board has some.
PUBLIC HEARING COMMENT
Chairman Lowman ask if anyone would like to speak in favor of this variance.
A resident came forward Mr. Michael Legg mentioned he has the Garrett Farm and Mr. Liskey property
boarders mine and I am in favor of the variance.
Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came
forward.
PUBLIC HEARING CLOSED
No Discussion.
On a motion made by Mr. Madagan to approve the variance as requested and seconded by Ms.
Stottlemyer, Variance Request #26-24 for Thomas Liskey, was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Variance #30-24 for Gregory Missar submitted a request for a 20-foot rear
yard variance to a required 25-foot rear yard setback resulting 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.
Mr. Dean came forward to present his staff report and maps. Staff noted the property is located at 112
Triangle Court and is zoned RP (Residential Performance). The surrounding properties are RP
(Residential Performance).
Staff reiterated what the property owner is requesting. The property owner cannot meet the current RP
setbacks for a deck. This parcel is in the Abrams Pointe Subdivision which was created in 2020 and
lot size is 13504 square foot. The reason the applicant can’t meet the setback is because the parcel is
a pipestem lot which has different setbacks that other RP lots.
Staff concluded by stating 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;
Frederick County Board of Zoning Appeals
January 21, 2025 1939
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.
Mr. Dean ends the presentation by stating this variance meets the Code of Virginia and Frederick
County.
Chairman Lowman asked the Applicant to come forward. Mr. Gregory Missar came forward. Mr.
Missar stated he had nothing to add to Mr. Dean’s presentation but if the Board had questions, he
would be happy to answer them.
PUBLIC HEARING COMMENT
Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward.
Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came
forward.
PUBLIC HEARING CLOSED
No Discussion
On a motion made by Mr. Madagan to approve the variance as requested and seconded by Mr. Cline,
Variance Request #30-24 for Gregory Missar was unanimously approved.
The meeting adjourned at 3:50.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary