HomeMy WebLinkAboutBZAAgenda2025June171.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of May 20, 2025
4.Public Hearings
4.A.Appeal #09-25 for CClan, LLC (Elizabeth Lewin)
Submitted to appeal the decision of the Zoning Administrator of Department of Planning
and Development, letter dated March 27, 2025, as it relates to Zoning Ordinance,
Chapter 165, Section 103.03 Conditions. The properties are located at Milton Ray
Drive, Winchester, and are identified with Property Identification Numbers 43-21-7 and
43-21-9 in the Stonewall Magisterial District.
4.B.Variance #11-25 for Michael and Katelyn Larson
Submitted a request for a 30.4-foot variance to a required 60-foot right side yard
setback resulting in a 29.6-foot right side setback for an addition. The property is
located at 601 Grim Road, Stephens City, and is identified with Property Identification
Number 86-A-42A in the Opequon Magisterial District.
4.C.Variance #12-25 for Javier Rodriguez
Submitted a request for a 12-foot variance to a required 15-foot rear yard setback
resulting in a 3-foot rear yard setback, and an 11-foot variance to a required 15-foot
right side yard setback resulting in a 4-foot right side setback for a detached garage.
The property is located at 117 Callaway Court, Stephens City, and is identified with
Property Identification Number 76A-1-32 in the Shawnee Magisterial District.
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JUNE 17, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA06-17-25MeetingMinutesMay20.pdf
BZA06-17-25_APP09-25_Redacted.pdf
BZA06-17-25_VAR11-25_Redacted.pdf
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4.D.Variance #13-25 for Rian Hopcroft and Geneva Payne
Submitted a request for a 30-foot variance to a required 50-foot left side yard setback
resulting in a 20-foot left side setback for an addition. The property is located at 843
Jordan Springs Road, Stephenson, and is identified with Property Identification Number
44-A-248 in the Stonewall Magisterial District.
5.Other
BZA06-17-25_VAR12-25_Redacted.pdf
BZA06-17-25_VAR13-25_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 17, 2025
Agenda Section: Meeting Minutes
Title: Minutes of May 20, 2025
Attachments:
BZA06-17-25MeetingMinutesMay20.pdf
3
Frederick County Board of Zoning Appeals
1941
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 May 20, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John
Cline, Stonewall District; Dolores Stottlemyer, Shawnee District; Dudley Rinker, Vice-Chairman,
Back Creek District; and Ronald Madagan, Member at Large.
ABSENT: James Prohaska, Opequon District
STAFF PRESENT: Wyatt Pearson, Direct of Planning; 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 June. Mr. Cheran replied, the cutoff is this
Friday, May 23, 2025.
Mr. Cline made a motion to approve the meeting minutes for April 15, 2025, with a correction, and it
was seconded by Mr. Madagan and was unanimously approved.
Chairman Lowman suggested that the order of the agenda be changed because appeals usually take a
longer time. Mr. Cline made a motion to change 4.B. Appeal #07-25 Cordell & Kim Watt to 4.C and
the 4.C. Variance #08-25 Anissa Borsato & Michael Donald to 4.B. and it was seconded by Mr. Rinker
and was unanimously approved.
Chairman Lowman swore in the citizen that would be speaking on the Appeal #07-25 Cordell & Kim
Watt.
PUBLIC HEARING
Chairman Lowman read Variance #06-25 for Matthew Saville submitted a request for a 49.5-
foot variance to a required 50-foot left side yard setback resulting in a 0.5-foot left side yard
setback for an attached one car garage. The property is located at 143 Macaboy Lane, Clear Brook
and is identified with Property Identification Number 34-A-50 in the Stonewall Magisterial
District
4
Frederick County Board of Zoning Appeals
1942
Mr. Dean came forward to present his staff report. He presented two maps of the property. This property
is located at 143 Macaboy Lane, Clear Brook in the Stonewall Magisterial District and the zoning is RA
(Rural Areas).
Staff explained that Mr. Saville is requesting a 49.5-foot variance to a required 50-foot left-side yard setback
which will result in a 0.5-foot left-side yard for an attached garage on a 0.60-acre property. Building
restrictions were not assigned to this parcel so the applicant would need to follow the current setback in the
RA (Rural Areas) District. Mr. Dean mentioned the reason for the variance is the septic and drain field are
behind the dwelling and the right side is the AC Unit which prevents the applicant from adding an addition.
Mr. Dean gave the background information on the property. Originally the property was zoned A-2
(Agricultural General) at the adoption of Zoning in 1967. At the adoption of zoning, the setbacks were 35
feet for the front, rear, and side yards. Then in 1989 the ordinance was amended, changing the A-2 District
to RA District. Again, on February 28, 2007, the Board of Supervisors amended the setbacks for this
District making this property 60 feet for the front, 50 feet for the rear, and 50 feet for the left and right side.
Mr. Dean pointed out that the applicant has two adjoining properties to the south. One property is 0.51 acre
and the other is 3.17 acres.
Staff read the Code of Virginia & Frederick County Zoning Ordinance.
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 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 said in closing that the variance appears to be consistent with the district; and meets the
intent of The Code of Virginia and Code of Frederick County.
A board member inquired, is this garage going to be 6 inches from the property line. Mr. Dean
stated that is correct according to the survey that was submitted by Mike Artz.” Mr. Saville is
aware that he would need an as-built survey if it is that close.
5
Frederick County Board of Zoning Appeals
1943
The Applicant, Mr. Saville, came forward to answer questions the board might have. Mr. Saville
stated why he could not place the garage in a different location and why the garage was close to
the property line because he has a side porch with steps. Mr. Saville said the garage needs to be
big enough so he can open the door to his vehicle. Mr. Saville passed out a letter from a neighbor
(The Chapmans) stating no opposition of the garage. Mr. Saville suggested he could purchase
property from the Chapmans. There was some confusion on the Applicant’s part about the plat as
to how close the garage would be from the property line.
A board member asked Mr. Cheran to explain. Mr. Cheran stated the minimum lot size in Frederick
County is two acres. The neighbor’s parcel is only 1.71 which is non-conforming. The County
would not sign off on a boundary line adjustment for that. The Applicant is here for what he applied
for according to the plat that was submitted.
Chairman Lowman gave the Applicant an option to continue public hearing or go back to surveyor
and reconfigure the garage. If his choice is to contact the surveyor, then the Board will table the
application. When another survey is submitted to the County where the garage is at least 5 feet
off the property line then the Board could reconsider the application and vote on that survey.
Mr. Saville stated he would like to proceed with the public hearing today.
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
The Board discussed the closeness to the property line. They talked of different options they could
offer the Applicant. He could redesign the garage and make it smaller, or the Board could table the
action today until the Applicant talks to his surveyor and then he could come back to the Board, or
the Board could vote today. The Board explained this to Mr. Saville, at which time Mr. Saville
decided to proceed with a vote today. A committee member said the closest variance the Board has
approved was 4.6 feet and if any closer they would be on the neighbor’s property trying to build the
garage.
On a motion made by Mr. Cline to deny Variance #06-25 for Matthew Saville and seconded by
Mr. Madagan and was unanimously denied.
PUBLIC HEARING
Chairman Lowman read Variance #08-25 Anissa Borsato and Michael Donald submitted a
request for a 9-foot variance to a required 15-foot right side yard setback resulting in a 6-foot right side
setback for a detached garage. The property is located at 1007 Laurel Grove Road, Winchester and is
identified with Property Identification Number 72-A-47 in the Back Creek Magisterial District.
6
Frederick County Board of Zoning Appeals
1944
Mr. Dean came forward to present maps and his staff report. The property is 21,554 sq foot
acreage and is zoned RA (Rural Areas) District. The applicant is requesting a 9-foot variance to a
required 15-foot right side setback which will result in a 6-foot right side setback for a detached
garage. Staff noted the parcel does not have Building Restriction Lines (BRL) assigned to it. That
means the Applicant would need to meet the current RA District setbacks. In 1967, at the adoption
of the ordinance the parcel was identified as A-2 (Agricultural General) and the setback for an
accessory structure was 20 feet from all property lines. The ordinance was amended in 1989
changing A-2 (Agricultural General) District to RA (Rural Areas) District. On February 28, 2007,
the County amended the ordinance to the primary setbacks.
Staff read the Code of Virginia & Frederick County Zoning Ordinance.
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.
Mr. Michael McDonald and Ms. Anissa Borsato came forward. They are requesting a variance
for a 20-foot garage. They requested a variance because they do not want to encroach on the septic
system. Chairman Lowman inquired as to what type of garage. The Applicant said a concrete slab
with pole barn style.
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
7
Frederick County Board of Zoning Appeals
1945
On a motion made by Mr. Rinker to approve Variance #08-25 for Anissa Borsato & Michael Donald
and seconded by Mr. Cline and was unanimously approved.
Public Hearing
Chairman read Appeal #07-25 for Cordell & Kim Watt submitted to appeal the decision of the
Director of Planning and Development, letter dated April 2, 2025, as it relates to Zoning
Ordinance, Chapter 165, Section 301.01 Transfer of Development Rights. The property is located
at 176 Edmonson Lane, Winchester and is identified with Property Identification Number 65-A-
14D in the Redbud Magisterial District.
Mr. Pearson came forward presenting his appeal report and maps. This parcel has 68.27 acres
zoned RA District. The location of the property is on Greenwood Road, a half of a mile from
Senseny Road, and Sulfur Spring Road. A letter dated April 2, 2025, from Wyatt Pearson, Planning
Director, is being appealed for the decision of Planning Director in the administration of the
County Zoning Ordinance, Chapter 165, Article III Section 302.02 (6). The Code of Virginia
§15.2-2311 a person aggrieved by the decision or determination of an administrative office, in this
instance the Director of Planning & Development, may appeal to the Board of Zoning Appeals.
This letter was a reply to Mr. & Mrs. Cordell Watt requesting a review and approval of receiving
property for Transfer of Development Rights Program pertaining to parcel 65-(A)-14D.
Staff explained there are several steps to this procedure for transfer of development rights. (letter
of intent, letter of certification, mapping, site inspection etc.) Frederick County has adopted a local
ordinance and operates a Transfer of Development Rights program. This allows for properties
within a designated “Sending Areas”, which are rural in nature, to sever and sell development
rights to “Receiving Areas”, which are more urban in nature. Some of the advantages of this
program are conserving agricultural and forestry use of lands and preserving rural open spaces,
and natural and scenic resources. The program is intended to supplement land use regulations,
resource protection efforts and open space acquisition programs and encourage increased
residential density where it can best be accommodated with the least impact on the natural
environment and public services by:
A. The property owners of rural and agricultural land preserve lands with a public benefit and
while the County can provide an effective and predictable process; and
B. Implementing the Comprehensive Policy Plan by directing residential land uses to the
Urban Development Area; and
C. A timely efficient administrative review to ensure that transfer of development right to
receiving areas are processed as soon as possible and balanced with other County policies
and goals, and are specific conditions adjusted accordingly to each receiving area.
The criteria for sending properties are:
1. The property must be designated as Rural Area in the Comprehensive Policy Plan.
8
Frederick County Board of Zoning Appeals
1946
2. Designated on the Sending Areas Map
3. At least 20 acres in size
4. Property must be located outside of the Urban Development Area and the Sewer and Water
Service Area; and
5. Frederick County Chapter 144 subdivision including but not limited to, meeting all state
road and access requirements. Now for TDR purposes, if the sending property consists of
more than one parcel of land, at least one lot must meet all the subdivision requirements
list in Chapter 144; this lot shall be deemed the primary lot.
If there is a violation, unpaid taxes, any other outstanding code violation before it can qualify for
a sending property these must be corrected.
The criteria for eligible receiving properties are:
1. Located in one of the following districts: RP (Residential Performance), R4 (Residential
Planned Community), RA (Rural Areas).
2. The property must be on the Receiving Areas Map.
3. Property served with public water and public sewer.
4. The roads must be on state maintained roads or the ability to utilize private roads in the RP
District as permitted by Frederick County Zoning Ordinance and Frederick County
Subdivision Ordinance.
5. Location of the receiving properties should be located within the Urban Development Area
or a designated and defined Rural Community Center as identified in the Comprehensive
Policy Plan
6. Identified in the Frederick County Comprehensive Plan Policy for residential land uses.
Staff’s determination is that this property does not qualify for a receiving property because the
property is a designated Urban Center in the comprehensive plan. This parcel is part of the
Greenwood Urban Center and is very specifically described in the Senseny/Eastern Frederick
Urban Area Plan. Frederick County Comprehensive Plan definition for Urban Center is:
“Urban centers are larger than the neighborhood village and are envisioned to be a more intensive,
walkable urban area with a large commercial core, higher densities, and designed around some
form of public space or focal point. Urban centers should be located in close proximity to major
transportation routes and intersections.” This can be found in the Comprehensive Plan on page 4.
Staff determined that the receiving property must be identified in the Frederick County
Comprehensive Plan as a residential land use and this property has been determined to be in the
Urban Center. The Urban Center could contain a residential component, but they are not planned
for residential land use. A Master Development Plan would layout the site for large commercial
component and some residential. The Urban Center must have a large commercial component
and a higher density of development.
9
Frederick County Board of Zoning Appeals
1947
Staff mentioned in June each year, the County takes application to amend the Comprehensive Plan.
This is an option for the applicant, but the ultimate decision is the Board of Supervisors. Staff is
requesting that the Board uphold the decision of the Planning Director in regard to §165-302.02
receiving properties.
Mr. Pearson introduced Mr. Ben Butler representing the Applicants, Cordell & Kim Watt. Mr.
Butler stated that his co-counsel, Mr. Michael Derdeyn will be presenting the case.
Mr. Derdeyn came forward and passed out exhibits. He stated the determination is based on the
letter dated April 2, 2025, in paragraph 2. The paragraph is stating parcel (65-A-14D) does not
qualify for receiving property because this property is a designated Urban Center and not listed in
the Comprehensive Plan for residential land uses. This is the basis of the determination of the
Planning Director. Mr. Derdeyn mentioned if this were in an urban center area, the application for
receiving property would not be eligible, but in past practices that was not the case. (Example:
Opequon Crossing and Fairfax Downs). Mr. Derdeyn proceeded with the criteria of receiving
properties.
1. Yes, the property is listed in one of the following zoning districts RP, R4, and RA.
2. Yes, the property is on the receiving map.
3. Yes, there is public water and sewer.
4. Yes, there is state maintained roads.
5. Yes, the property is located in the Urban Development Area.
6. Criteria reads, identified in the Frederick County Comprehensive Plan for residential land
uses.
Under the section residential development in the Comprehensive Plan page 20 states:
The Urban Development Areas (UDA) is the portion of the County which has been identified as
the area where more intensive forms of residential development will accommodate the anticipated
residential growth within the Community. While the UDA currently consists of primarily
suburban resident types of development, with some multifamily units, particular areas have been
identified to accommodate a more intensive mix of land uses and residential housing opportunities.
Mr. Derdeyn proceeded to read, the UDA is designed to accommodate increased residential
densities because it is adjacent to or in near proximity to necessary infrastructure and public
facilities. These facilities include public water and sewer, schools, emergency services, and a
transportation network more capable of handling the increased trips from higher density residential
uses. To further encourage residential development in the Urban Areas rather than Rural Areas,
the County adopted a Transfer of Development Rights Program (TDR) in the spring of 2010. The
counsel proceeded with page 21 under Goals/Strategies; the number one goal is new residential
development should be focused within the Urban Development Area. Strategies for the UDA are
higher density residential development and are encouraged in close proximity to or mixed with
commercial areas to enhance walkable access to employment, shopping, and entertainment.
The County’s’ point of view and the Applicant’s point of view differ on #6 eligible criteria for
receiving properties. The counsel stated that it was identified in the Frederick County
Comprehensive Policy Plan for residential land uses. The County is reviewing this solely as a
residential land use. Mr. Derdeyn stated the client is not at the Master Development stage. That
10
Frederick County Board of Zoning Appeals
1948
stage comes after the client receives notification that the property can be used as a receiving
property. Only, then does §165-3-3.02 Development Approval Procedure list the requirements of
developments such as Master Development Plan and Subdivision design plan.
The County Attorney, Steve Briglia approached the podium. He stated the County encourages us
to develop in certain areas and to keep the land rural as well. This particular property is not in the
appropriate place for receiving properties. The Comprehensive Plan is reviewed every five years.
This parcel is located on the map in the defined Greenwood Urban Center and that is a long-term
goal for the County to have a mix-use area. In between the five-year update of the Comprehensive
Plan, the County accepts Comprehensive Amendments each year and the deadline is June 1.
Counsel continued by stating the Comprehensive Plan is the master plan for the County and its
uses in certain areas. This area is defined as an Urban Center and is specific to Greenwood Urban
Center which would have mixed uses. The property has a historical farmhouse and most of the
property is undeveloped. The Director of Planning researched and determined that this is not a
receiving property based on the maps in the Comprehensive Plan and the future goals for the
County and this is intended for mixed use not all residential.
Mr. Pearson stated, under section 165-302-02 subsection A #6, he disagrees with Mr. Derdeyn. He
noted it reads that it is identified in the Frederick County Comprehensive Policy Plan for residential
land uses. If this is not for residential use, Mr. Derdeyn stated it should read solely for residential
land use. If that is not the intent for the County, then the ordinance section should be changed.
Mr. Briglia continued, there are several areas in the County where properties are eligible to be
receiving properties. These properties are not in an Urban Center or a defined Urban Center. If
the Board overturns the decision of the Director of Planning, then the County does not need a
Comprehensive Plan for the future.
Mr. Derdeyn came forward to address Mr. Briglia’s statement regarding the Comprehensive Plan.
The applicant is just in the eligibility stage. This parcel is in the Urban Center and meets the six
criteria and is in an Urban Center for receiving property. He questioned as to why the County put
the property in an Urban Development zone as a designated receiving area in an Urban Center if
they were not going to say it is eligible to be a receiving property. If the Board overturns the
decision and the applicant sells to a developer, possibly then they would need a Comprehensive
Plan Amendment to start the development. He concluded, if this was not meant to be a receiving
property then the Comprehensive Plan should be drafted to state solely residential use, and the
County has had time to review the Comprehensive Plan and make changes.
Public Comment
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
Mr. Greg Unger came forward and stated he was on the Planning Commission and the committee
when the TDR program began. The Watt’s meet the criteria and agrees in preserving a farm.
11
Frederick County Board of Zoning Appeals
1949
Mr. Kevin Kenney came forward; he is in favor of the Watt’s application. He noted, the
Comprehensive Plan is a guideline for the County which is a good thing. He believes the receiving
property guidelines wording needs to be addressed.
Public Hearing Closed
Mr. Madagan told the committee he spoke to the owner several years ago and he was offered 12
million dollars for 145 acres of property. He stated the owner’s intent was to keep the farm and pass
it on to family members. The County would be preserving 2,000 acres. Now, Fairfax Downs has
two developers, one for commercial and one for residential. Mr. Madagan asked, the County already
has TDR receiving properties just like this one, what is the difference with Mr. Watt’s.
Mr. Rinker stated he is in favor of anything to preserve rural land. The TDR program is to preserve
farms. The County could put houses where the soil is not suitable for farming. We need to be
respectful of what the property owner is trying to do.
Chairman Lowman stated he is proud of the history of the rural areas. He is a property rights person
as long as it is within the law. He noted, the Board is here to make the determination on the receiving
property, not the end result. The County would give insight as you work through the stages of the
TDR program and what would be the best results for the business, homeowners and for the County.
Ms. Stottlemyer stated the TDR program needs to be reviewed again.
On a motion made by Mr. Madagan to overturn the decision of Appeal #07-25 for Cordell and Kim
Watt from the Planning Director, Wyatt Pearson, and seconded by Mr. Rinker and unanimously
overturned.
The meeting was adjourned at 4:50.
__________________________
Eric Lowman, Chairman
_________________________
Pamala Deeter, Secretary
12
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 17, 2025
Agenda Section: Public Hearings
Title: Appeal #09-25 for CClan, LLC (Elizabeth Lewin)
Attachments:
BZA06-17-25_APP09-25_Redacted.pdf
13
Appeal #09-25
Applicant Name CClan, LLC (Elizabeth Lewin)
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Numbers (PINS) 43-21-7 & 43-21-9
Address Milton Ray Drive
Magisterial District Stonewall
Acreage 30 +/- acres
Zoning & Present Land Use Zoning: M2 Industrial General
Land Use: Tractor truck/trailer
parking
Adjoining Property Zoning & Present Land Use
North: M2 (Industrial General) District Land Use: Pump Station/Reservoir
South: M2 (Industrial General) District Land Use: Vacant
East: M2 (Industrial General) District Land Use: Junkyard and Remediation Service
West: M2 (Industrial General) District Land Use: Vacant
Appeal & Reason for Appeal
An appeal of the decision of the Zoning Administrator in the administration of the Frederick
County Zoning Ordinance, Chapter 165, Section 103.03.3 of the Frederick County Zoning
Ordinance which stipulates the Conditions.
Reason for Appeal: The Applicant is appealing the determination of the Zoning Administrator,
letter dated March 27, 2025.
Zoning Administrator Determination: The above-referenced properties are subject to
Conditional Use Permit (CUP) #04-21 approved by Frederick County on July 14, 2021, for tractor
truck and tractor truck trailer parking. The CUP has the following conditions assigned:
1. All review agency comments and requirements shall be complied with at all times.
14
2. A site plan shall be submitted and approved by Frederick County prior to the establishment of
this use on these properties. The site plan for the property identified as 43-21-7 shall be designed
to accommodate the future Route 37 ROW.
3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and truck trailer parking.
Staff reviewing the approved site plan and conditions of the approved CUP, noted an overseer present
at the site, as well as a portable toilet located on the property. In accordance with Section 165-103.03
of the Frederick County Zoning Ordinance, all conditions of an approved Conditional Use Permit
(CUP) shall be complied with. The site being manned, as well as the presence of a portable toilet on
site constitutes a violation of the provisions of Section 165-103.03.
Staff Comments: The above-referenced properties are in violation of approved CUP # 04-21.
Specifically, there were no conditions to allow the site to be manned, nor do any conditions allow
for a portable toilet to be present on the properties. The Frederick County Code only allows for use
of outdoor portable toilets on active construction sites and approved special events facilities.
Furthermore, the use of a portable toilet on this property is a pump and haul system that has not been
approved by the Frederick Board of Supervisors. The property has access to public water and sewer
and needs to update the site plan to allow for an overseer and on-site sewage facility. (Toilet)
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the violation of the conditions of CUP #04-21.
Summary & Requested Action: Staff is requesting the Board of Zoning Appeals to affirm the
determination of the Zoning Administrator, the Frederick County Zoning Ordinance, Section 165-
603.03. Conditional Use Permit #04-21 (CUP #04-21).
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.
15
RUTHERFORDSFARMSubdivision
CARROLLINDUSTRIAL PARKSubdivision
MAYNARD WILLIARDSubdivision
TEETSMILLER LA NDSubdivision
VALLEYINDUSTRIAL PARKSubdivision
CHARLESE. COOPERSubdivision
FAIR LANE OR CHARDSubdivision
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195EBERT RD
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112LEWIN LN
294FAIR LN
302FAIR LN
320FAIR LN
330FAIR LN 340FAIR LN
350FAIR LN 364FAIR LN
323FAIR LN
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355FAIR LN 440FAIR LN
415FAIR LN 444FAIR LN
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M1 (Light Industrial District)
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16
RUTHERFORDSFARMSubdivision
CARROLLINDUSTRIAL PARKSubdivision
MAYNARD WILLIARDSubdivision
TEETSMILLER LA NDSubdivision
VALLEYINDUSTRIAL PARKSubdivision
CHARLESE. COOPERSubdivision
FAIR LANE OR CHARDSubdivision
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2077MARTINSBURGPIKE
2109MARTINSBURGPIKE
2135MARTINSBURGPIKE
2123MARTINSBURGPIKE 2158MARTINSBURGPIKE2142MARTINSBURG PIKE
102MCCANNS RD
2157MARTINSBURGPIKE
179FENWAYCIR
2239MARTINSBURGPIKE
195EBERT RD
2251MARTINSBURGPIKE
207EBERT RD
165MIRACLEWAY
140JIREHLANE
210EBERT RD
280FAIR LN
112LEWIN LN
294FAIR LN
302FAIR LN
320FAIR LN
330FAIR LN 340FAIR LN
350FAIR LN 364FAIR LN
323FAIR LN
376FAIR LN
394FAIR LN
355FAIR LN 440FAIR LN
415FAIR LN 444FAIR LN
441FAIR LN
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 17, 2025
Agenda Section: Public Hearings
Title: Variance #11-25 for Michael and Katelyn Larson
Attachments:
BZA06-17-25_VAR11-25_Redacted.pdf
42
VARIANCE #11-25
Applicant Name Michael and Katelyn Larson
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 86-A-42A
Address 601 Grim Road, Stephens City
Magisterial District Opequon
Acreage +/- 1.89 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Vacant
South: RA (Rural Areas) Land Use: Agriculture
East: RA (Rural Areas) Land Use: Agriculture
West: RA (Rural Areas) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 15.4-foot variance to a required 45-foot right setback which will
result in a 29.6-foot right setback for an addition. A 45-foot right setback due to deeded private
right-of-way.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 100-Ft N/A 100-Ft
Right 45-Ft 15.4-Ft 29.6-Ft
Rear 100-Ft N/A 100-Ft
Staff Comments:
• This 1.89-acre property was created in 1986.
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Page 2 of 2
• This property is currently zoned RA (Rural Areas). This property does not have Building
Restriction Lines (BRL’s) assigned to it and would have to meet the current RA District
setbacks.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the creation of the lot.
• The property setback lines at the adoption of the Zoning Ordinance were 35-feet for the
front, side and rear yards.
• 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 setbacks for the RA Zoning
District on February 28, 2007, making the current setbacks for this property 60-feet from
the road, 100-feet from the left, 45-feet from the right, and 100-feet from the rear
property lines.
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.
44
86 A 42A
800GRIM RD
610GRIM RD
560GRIM RD
GRIM RDApplication
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0 110 22055 Feet
VAR # 11 - 25: Michael and Katelyn LarsonPIN: 86 - A - 42ARight Side VarianceZoning Map
VAR #11 -25
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86 A 42A
800GRIM RD
610GRIM RD
560GRIM RD
GRIM RDApplication
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 20, 2025 WESTSTGRIM RDPEACE ANDPLENTY LNW ISE M ILL LN
0 110 22055 Feet
VAR # 11 - 25: Michael and Katelyn LarsonPIN: 86 - A - 42ARight Side VarianceLocation Map
VAR #11 -25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 17, 2025
Agenda Section: Public Hearings
Title: Variance #12-25 for Javier Rodriguez
Attachments:
BZA06-17-25_VAR12-25_Redacted.pdf
55
VARIANCE #12-25
Applicant Name Javier Rodriguez
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 76A-1-32
Address 117 Callaway Court, Stephens City
Magisterial District Shawnee
Acreage +/- 13,362 Sq. Ft.
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning District
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: 522 S (Front Royal Pike) Land Use: 522 Residential/School
West: RP (Residential Performance) Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 10-foot variance to a required 15-foot rear setback which will
result in a 5-foot rear setback and a 5-foot variance to a required 15-foot right side yard
setback resulting in a 5-foot right side setback for a detached garage.
Reasoning: This property cannot meet the current RA accessory setbacks. (* = accessory
setback)
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 15-Ft* N/A 15-Ft*
Right 15-Ft* 5-Ft* 10-Ft*
Rear 15-Ft* 10-Ft* 5-Ft*
Staff Comments:
• This 13,362 Sq.Ft. property was created in 2003.
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Page 2 of 2
• This property is currently zoned RA (Rural Areas). As this property has Building
Restriction Lines (BRL’s) assigned to it, it cannot meet the minimum requirements for
accessory structures.
• The Frederick County Board of Supervisors amended the primary setbacks for the RA
Zoning District on February 28, 2007, while amending the accessory 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 lines.
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.
57
76A 1 32
110CALLAWAY CT
112CALLAWAY CT
112CALLAWAY CT
2204FRONTROYAL PIKE
2222FRONT ROYALPIKE
114CALLAWAY CT
2198FRONT ROYALPIKE
2194FRONT ROYALPIKE
115CALLAWAY CT
113CALLAWAY CT
111CALLAWAY CT
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2222FRONT ROYALPIKE
110CALLAWAY CT
112CALLAWAY CT
112CALLAWAY CT
114CALLAWAY CT
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113CALLAWAY CT
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VAR # 12 - 25: Javier RodriguezPIN: 76A - 1 - 32Rear and Side VarianceLocation Map
VAR #12 -25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: June 17, 2025
Agenda Section: Public Hearings
Title: Variance #13-25 for Rian Hopcroft and Geneva Payne
Attachments:
BZA06-17-25_VAR13-25_Redacted.pdf
75
VARIANCE #13-25
Applicant Name Rian Hopcroft and Geneva Payne
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: June 6, 2025
Staff Contact: Bryton Dean, Zoning Inspector
Hearing Schedule
BZA: June 17, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 44-A-248
Address 843 Jordan Springs Road, Stephenson
Magisterial District Stonewall
Acreage +/- 1.5 acres
Zoning & Present Land Use Zoning: RA (Rural Areas) Zoning 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: Residential
West: RA (Rural Areas) District Land Use: Residential
Variance Requested & Reasoning
The applicant is requesting a 30-foot variance to a required 50-foot left side yard setback
which will result in a 20-foot left side yard setback an addition.
Reasoning: This property cannot meet the current RA setbacks.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A 60-Ft
Left 50-Ft 30-Ft 20-Ft
Right 50-Ft N/A 50-Ft
Rear 50-Ft N/A 50-Ft
Staff Comments:
• This 1.5-acre property was created prior to 1941.
• This property is currently zoned RA (Rural Areas). This property does not have Building
Restriction Lines (BRL’s) assigned to it and would have to meet the current RA District
setbacks.
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Page 2 of 2
• 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 at the adoption of the Zoning Ordinance were 35 feet for the
front, rear, and side yards.
• Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the
current RA Zoning District.
• The Frederick County Board of Supervisors amended the primary setbacks for the RA
Zoning District on February 28, 2007, making the current setbacks for this property 60
feet for the front, 50 feet for the rear, and 50 feet for the left and ride side.
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.
77
44 A 248
826JORDANSPRINGS RD
868JORDANSPRINGS RD
836JORDANSPRINGS RD
846JORDANSPRINGS RD
856JORDANSPRINGS RD
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886OLD CHARLESTOWN
940OLD CHARLESTOWN
JORDAN SPRINGS RD
Application
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VAR # 13 - 25: Rian Hopcroft and Geneva PaynePIN: 44 - A - 248Left Side VarianceZoning Map
VAR #13 -25
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44 A 248
826JORDANSPRINGS RD
868JORDANSPRINGS RD
836JORDANSPRINGS RD
846JORDANSPRINGS RD
856JORDANSPRINGS RD
885JORDANSPRINGS RD
893JORDANSPRINGS RD
899JORDANSPRINGS RD
816JORDANSPRINGS RD
873JORDANSPRINGS RD
859JORDANSPRINGS RD
819JORDANSPRINGS RD
980OLD CHARLESTOWN
850OLD CHARLESTOWN
805JORDANSPRINGS RD
896OLD CHARLESTOWN
799JORDANSPRINGS RD
793JORDANSPRINGS RD 912OLD CHARLESTOWN
886OLD CHARLESTOWN
940OLD CHARLESTOWN
JORDAN SPRINGS RD
Application
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: May 29, 2025
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0 110 22055 Feet
VAR # 13 - 25: Rian Hopcroft and Geneva PaynePIN: 44 - A - 248Left Side VarianceLocation Map
VAR #13 -25
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