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BZAMinutes2025February18Frederick County Board of Zoning Appeals 1940 February 18, 2025 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 February 18, 2025. PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman, Back Creek; Linda Whitacre, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon 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 is a quorum. Chairman Lowman led the Pledge of Allegiance. Chairman Lowman stated that it was brought to his attention that we need to amend the order of variances on the agenda. Variance #02-25 Mason See (Mike Artz) 4.B. would be heard first, then the 4.A. Variance #01-25 Mike and Kathleen Lattimer would be second. A motion made by Mr. Cline to reverse the order of agenda items and seconded by Mr. Madagan and was unanimously approved. Chairman Lowman had a correction in the meeting minutes of December 17, 2024. The word needs to be complaint and not compliant. On a motion made by Mr. Cline, to approve the meeting minutes for December 17, 2024, with correction and seconded by Mr. Rinker, and was unanimously approved. On a motion made by Mr. Cline to approve the meeting minutes for January 21, 2025, and seconded by Ms. Stottlemyer, and was unanimously approved. Chairman Lowman asked if there are any applications for March. Mr. Cheran replied with no application as of now, but the cutoff is Friday February 21. 4 Frederick County Board of Zoning Appeals 1941 February 18, 2025 PUBLIC HEARING Chairman Lowman read Variance #02-25 for Mason See (Mike Artz) submitted a request for a 23.0-foot front yard variance to a required 60-foot front yard setback resulting in a 37-foot front yard setback and 29.1-foot rear yard variance to a required 50-foot rear yard setback resulting in a 20.9-foot rear yard setback for a dwelling. The property is located at the southeastern corner at the intersection of Virginia Drive and West Street 0.35 miles northeast of Double Church Road and is identified with Property Identification Number 86B-3-A-28 in the Opequon Magisterial District. Mr. Dean came forward to present his staff report and maps. Staff reiterated what the property owner is requesting for a dwelling. Mr. Dean said the parcel is 0.45+/- acre property and was created in 1967. At the time of creation, there was no building restriction line (BRL) so the applicant would need to follow today’s setbacks. The parcel was predated to the Zoning Ordinance. This parcel was identified as A-2 (Agricultural General) when the adoption of the ordinance. The setbacks were 35 feet for the front, rear, and side yards. Frederick County changed the ordinance in 1989; the A-2 District to the RA (Rural Areas) District. February 28, 2007, the Board changed the primary setbacks for the RA District making the setback for this property 60 feet front, 50 feet for the rear, and 60 feet for the right side and 50 feet for the left side. 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 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. 5 Frederick County Board of Zoning Appeals 1942 February 18, 2025 Mr. Dean noted the variance would be consistent with the character of the district. The applicant does meet the intent of the State and County Codes for a variance on setbacks. Chairman Lowman asked if there were questions for Mr. Dean. Mr. Madagan questioned as to how far a septic system needs to be from the well. Mr. Madagan explained that the adjoining property has a well and it’s close to the See’s property. I am trying to make sure the applicant is aware of this, so he wouldn’t need to come back in for another variance. Mr. Cheran explained at the time of the building permit is submitted the health department conducts an inspection of the property to make sure it meets the State code. Mr. Artz came forward representing the applicant Mr. See. This lot has obstacles that make it difficult to place a dwelling. The drainfield must have a 20% reserve and there is a steep riven and we can’t move the house further down the hill. The applicant’s father is a builder, and he is going to construct the dwelling. Mr. Artz tried to clarify Mr. Madagan’s question. The soil scientist submits a drainfield application to the Health Department, in that application, the soil scientist is to research and measure the distance of adjoining properties well and septic to this parcel. The Health Department reviews the information and does a walkover of the parcel. Chairman Lowman asked is this a conventional system? Mr. Artz said no. PUBLIC HEARING COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition. A resident came forward, Mr. Brian Metz. Mr. Metz concerns were the well, septic, house design, and mobile home. He is not for or against but just presenting his concerns. Chairman Lowman explained that this Board is only looking at the setbacks on this undeveloped lot. The other concern you have is with other Departments of Frederick County. Another resident, Mr. Richard Metz, came forward to expressing his concerns about the well water and what type of house. He is not opposing just concerned. Ms. Joanna See came forward and expressed concerns septic, well, and mobile home. If it is a mobile home, she would like the setbacks to be the same as the other homeowners and no variance approved. Closed Public Comment Discussion/Comments Mr. Madagan spoke with the applicant, and he stated that it would be a stick-built home. His father is a builder and would build the dwelling. Chairman Lowman had a question about the covenants. Does that come into play when the building permit applied for. Mr. Cheran replied no. The County doesn’t recognize the 6 Frederick County Board of Zoning Appeals 1943 February 18, 2025 covenants. Staff stated if something is built there and is restricted in the deed of covenants that is a civil matter. Mr. Prohaska questioned (b) of the code about the hardship. Is that hardship for the applicant or adjoining property. Vice-Chairman Rinker explained that is for the applicant and his property. Mr. Prohaska inquired about (c) of the code substantial detriment to adjacent property. Mr. Madagan and Chairman Lowman explained their thoughts on this matter. On a motion made by Mr. Prohaska, to approve the Variance 02-25 Mason See, and seconded by Mr. Madagan and was unanimously approved. PUBLIC HEARING CLOSED PUBLIC HEARING Chairman Lowman read Variance #01-25 for Mike and Kathleen Lattimer submitted a request for a 15-foot rear yard variance to a required 25-foot rear yard setback resulting in a 10-foot rear yard setback for a deck. The property is in the Abrams Pointe Subdivision at 116 Triangle Court and is identified with Property Identification Number 55N-1-4-131 in the Red Bud Magisterial District. Mr. Dean came forward to present his staff report and maps. Staff reiterated what the property owner is requesting for a deck. This parcel is an RP (Residential Performance) District. This parcel was created in 2020 as part of the Abrams Pointe subdivision. Staff noted this is a pipe stem lot with different setbacks than other RP lot types with reduced setbacks for decks. 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; 7 Frederick County Board of Zoning Appeals 1944 February 18, 2025 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 and appears to be consistent with the character of the district. Chairman Lowman asked the Applicant to come forward. Mr. Mike Lattimer came forward. Mr. Lattimer 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 Discussion/Comments No discussion was held. On a motion made by Mr. Madagan to approve the Variance #01-25 Mike and Kathleen Lattimer as requested and seconded by Vice Chairman Rinker and was unanimously approved. The meeting adjourned at 4:15. ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary 8