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HomeMy WebLinkAboutBZAMinutes2025April15Frederick County Board of Zoning Appeals April 15, 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 April 15, 2025. PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon District; Dudley Rinker, Vice-Chairman, Back Creek; and Ronald Madagan, Member at Large. ABSENT: Dolores Stottlemyer, Shawnee District 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 May. Mr. Cheran replied, the cutoff is this Friday, April 18. PUBLIC HEARING Chairman Lowman read Variance #03-25 for Frederick C. Sahlin submitted a request for a 40-foot left yard variance to a required 45-foot left yard setback resulting in a 5-foot left yard setback for an accessory structure. The property is located at 311 Hunting Ridge Road and is identified with Property Identification Number 30-A-108 in the Gainesboro Magisterial District. Mr. Dean came forward to present the staff report and two maps. This property is located at 311 Hunting Ridge Road in the Gainesboro Magisterial District and the zoning is RA (Rural Areas). Staff reiterated the setbacks that he is requesting. This parcel was created in 1968 and is 20,000+/- sq. ft. The property does not have building restrictions lines assigned so the property would need to follow today’s setbacks. This parcel was originally zoned A-1 (Agricultural Limited). When the adoption of the zoning ordinance, the setbacks were 35-feet for the front yard and 15-feet for rear and sides. In 1989, the ordinance was amended which changed the zoning on RA (Rural Areas) with setback back 60-feet to the front, 100-feet to the rear, and 45-feet from the left and right sides. The current 4 Frederick County Board of Zoning Appeals April 15, 2025 1937 district setback now are 45-feet from the left and 50-feet from the right and 60-feet front and 100-feet for the rear because the ordinance was amended again in 1989. Mr. Dean read the Code of Virginia and Frederick County Zoning Ordinance. 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: 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. Staff summarize by saying this request meets the intent of The Code of Virginia and Frederick County and this variance is consistent with the character of the district. The Applicant, Frederick Sahlin came forward to address the Board. We have just moved to the area and the house we bought doesn’t have storage. There is a concrete slab already on the property we would like to use to place the garage on it if possible. Chairman Lowman mentioned to Applicant if this request is granted this will remain always as a detached garage. Public Comment Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No citizens came forward. Public Hearing Closed No Discussion 5 Frederick County Board of Zoning Appeals April 15, 2025 1938 On a motion made by Mrs. Whitacre to approved Variance #03-25 for Frederick Sahlin and seconded by Mr. Cline and was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #04-25 for Dieter and Deborah Wacker submitted a request for a 5.6-foot rear yard variance to a required 15-foot rear yard setback resulting in a 9.4- foot rear yard setback for an addition of a roof over deck. The property is located at 152 Song Sparrow Drive, Lake Frederick and is identified with Property Identification Number 87B-2-5-27 in the Opequon Magisterial District. Staff came forward to present his staff report along with two maps. This property is located at 152 Song Sparrow Drive in the Lake Frederick Subdivision in the Opequon Magisterial District. This property is 6,693 sq. ft. is considered a small lot type and was created in 2018 and cannot meet the current setback. The applicant is asking for a 5.6-foot variance for a roof over his deck. Staff gave background information on the lot. The setbacks for this type of lot are: 25-ft from the front, 15-ft from the rear, and 5-ft from the side of the property lines. The Applicant has an uncovered deck which is 9.4-ft from the rear. Setback for uncovered deck is 5-ft from the rear while the covered deck must meet rear setback of 15-ft because they become part of the structure. Mr. Dean read the Code of Virginia and Frederick County Zoning Ordinance. 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: 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. 6 Frederick County Board of Zoning Appeals April 15, 2025 1939 The property meets The Code of Virginia and Code of Frederick County. This variance is consistent with the character of the R5 District. Mr. Dieter, the applicant, came forward. Mr. Dieter stated that we like to sit on the porch but without the roof it gets hot. The back of the house is common ground and is wetland. Public Comment Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No citizens came forward. Public Hearing Closed No Discussion On a motion made by Mr. Prohaska to approved Variance #04-25 for Dieter and Deborah Wacker and seconded by Mr. Madagan and was unanimously approved. Public Hearing Chairman read Variance #05-25 for Danny L. Williams submitted a request for a 19-foot rear yard variance to a required 50-foot rear yard setback resulting in a 31-foot rear yard setback for an addition. The property is located at 304 Greenfield Avenue, Winchester and is identified with Property Identification Number 62C-1-6-105 in the Back Creek Magisterial District. Staff came forward to present the staff report. The two maps were shown. This parcel is in the Back Creek Magisterial District and was created in 1976 as part of the Stonebrook Farms subdivision with the zoning being R-2 (General Residential). This parcel consists of 0.98+/- acres and is zoned now RP (Residential Performance). This property only has front setbacks assigned to it. The front setback is 75-feet and the other setbacks would follow today’s setbacks for the RP (Residential Performance) for a single-family detach rural traditional housing type. When Frederick County adopted the Zoning Ordinance, the setbacks were 35-feet for the front, 25-feet for the rear, and 10-feet for the side yards. Again in 1989, the Board of Supervisors amended the Ordinance changing the zoning from R-2 to RP District and the setbacks. The current setback for this property is 75-feet for the front, 50-feet rear, and sides 15-feet. Staff conclude by reading the Code of Virginia and Frederick County Zoning Ordinance. 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: a) The property interest for which the variance is being requested was acquired in good faith; 7 Frederick County Board of Zoning Appeals April 15, 2025 1940 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. The property meets The Code of Virginia and Code of Frederick County. This variance is consistent with the character of the RP District. Mr. Williams came forward. I do have a contractor that will be doing the work if the request is approved. The contractor told me I needed to speak to the County in regard to my addition. The Applicant was aware that he would need a wall permit and setback survey. Public Comment Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No citizens came forward. Public Hearing Closed No Discussion On a motion made by Mr. Rinker to approved Variance #05-25 for Danny Williams and seconded by Mr. Cline and was unanimously approved. The meeting adjourned at 3:50. ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary 8