Loading...
HomeMy WebLinkAboutBZAMinutes2025June17Frederick 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 June 17, 2025. PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman, Back Creek District; John Cline, Stonewall District; James Prohaska, Opequon District and Ronald Madagan, Member at Large. ABSENT: Linda Whitacre, Gainesboro and District 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 July. Mr. Cheran replied, the cutoff is this Friday, June 20, 2025. Mr. Cline made a motion to approve the meeting minutes for May 20, 2025, with a correction, and it was seconded by Mr. Rinker and was unanimously approved. Chairman Lowman suggested that the order of the agenda be changed because appeals usually take a longer time. Mr. Rinker made a motion to change order 4.A. Appeal #09-25 CClan, LLC (Elizabeth Lewin) will be heard last, and it was seconded by Mr. Cline and was unanimously approved. Chairman Lowman swore in the citizen that would be speaking on the Appeal #09-25 CClan, LLC (Elizabeth Lewin). PUBLIC HEARING Chairman Lowman read Variance #11-25 Michael and Katelyn Larson submitted a request for a 30.4-foot variance to a required 60-foot right yard setback resulting in a 29.6-foot right 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. Frederick County Board of Zoning Appeals 1942 Mr. Dean came forward to present his staff report. He presented two maps of the property. Staff reiterated what Chairman Lowman stated. Staff explained that Mr. Larson is requesting a 15.4- foot variance to a required 45-foot right side yard which will result in a 29.6-foot right side yard setback for an addition on a 1.89-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 property cannot meet the current RA setback. Mr. Dean gave the background information on the property. Originally the property historically was zoned A-2 (Agricultural General) when the lot was created. 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 from the road, 100 feet for the rear, and 100 feet for the left yard and 45 feet for the right side. Mr. Dean pointed out that the applicant has two emails in favor of this variance. 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. The Applicant, Mr. Larson, came forward to answer questions the board might have. Mr. Larson stated why he requested the variance because the addition abuts closely to adjoining property line. PUBLIC COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. A citizen, Mr. Jeff Gore, said Mr. Larson’s property adjoins his parcel and there is no objection to Frederick County Board of Zoning Appeals 1943 this variance. PUBLIC HEARING CLOSED On a motion made by Mr. Madagan to approved Variance #11-25 for Michael and Katelyn Larson and seconded by Mr. Prohaska and was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #12-25 for Javier Rodriguez submitted a request for a 10- foot variance to a required 15-foot rear yard setback resulting in a 5-foot rear setback and a 5-foot variance to a required 15-foot right side yard setback resulting in a 10-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. Mr. Dean came forward to present maps and his staff report. Staff reiterated what Chairman Lowman stated. Staff noted the parcel does have Building Restriction Lines (BRL) assigned to it, but the accessory structure cannot meet the minimum requirement. On February 28, 2007, the County amended the ordinance to the primary setbacks. The ordinance was amended on May 24, 2017, for accessory structures setback to 60-feet from public street or roadways, 45-feet from private right-of-way or ingress/egress easements and 15-feet from any side or rear property lines. 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. In closing, Mr. Dean said that the variance appears to be consistent with the district; and meets the intent of The Code of Virginia and the Code of Frederick County. The Applicant, Mr. Rodriguez, came forward to answer questions the board might have. Mr. Rodriguez stated why he requested the variance because the parcel is in Canter Estates and his Frederick County Board of Zoning Appeals 1944 parcel shares a driveway with two other single-family homes. Mr. Rodriguez is the last home, and he has a concrete foundation to place the garage. PUBLIC COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. A citizen, Mr. Roman Hernandez, said Mr. Rodriguez property adjoins my parcel and there is a concern about the placement of the garage. PUBLIC HEARING CLOSED No Discussion On a motion made by Mr. Madagan to approve Variance #12-25 for Javier Rodriguez and seconded by Mr. Rinker and was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #13-25 Rian Hopcroft and Genea 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. Mr. Dean came forward to present maps and his staff report. Staff reiterated what Chairman Lowman stated. Staff noted the parcel does not have Building Restriction Lines (BRL) assigned to it. Mr. Dean gave the background information on the property. Originally the property historically was zoned A-2 (Agricultural General) when the lot was created. 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 from the front, 50 feet for the rear, and 50 feet for the left yard and 45 feet for the right side. 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; Frederick County Board of Zoning Appeals 1945 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. In closing, Mr. Dean said that the variance appears to be consistent with the district; and meets the intent of The Code of Virginia and the Code of Frederick County. The Applicant, Ms. Geneva Payne, came forward to answer questions the board might have. Ms. Payne stated this is an addition for me to reside at my son’s house. 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 Mr. Prohaska mentioned the septic system and public water. On a motion made by Mr. Cline to approve Variance #13-25 for Rian Hopcroft and Geneva Payne and seconded by Mr. Prohaska and was unanimously approved. PUBLIC HEARING Chairman read Appeal # 09-25 CClan, LLC (Elizabeth Lewin) submitted to appeal the decision of the Zoning Administrator of Department of Planning & 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. Mr. Cheran came forward presenting his appeal report and maps. This parcel has 30+/- acres zoned M2 (Industrial General) District. The location of the property is on Milton Ray Drive. A letter dated March 27, 2025, from Mark R. Cheran, Zoning Administrator, is being appealed for the decision of Zoning Administrator in the administration of the County Zoning Ordinance, Chapter 165 Section 103.03 Conditions. The Code of Virginia, §15.2-2311 a person aggrieved by the decision or determination of an administrative office, in the instance the Zoning Administrator may appeal to the Board of Zoning Appeals. This letter was a reply to CClan, LLC (Elizabeth Lewin) for a violation letter pertaining to parcels 43-21-7 and 43-21-9. Staff explained there are several steps to this procedure for granting a Conditional Use Permit. 1. Have a meeting with Staff to make sure the location is in the correct zoning district. 2. Complete the application. 3. Send an application out to the agencies that are required. Frederick County Board of Zoning Appeals 1946 4. After receiving the agency comments set an appointment with Staff to review the application packet. When the meeting is conducted, Staff will explain conditions according to the Frederick County Code that would be placed on the CUP. The Board of Supervisors can also place additional conditions on the parcels in order to approve the CUP. Mr. Cheran mentioned that the conditions were agreed upon by Mrs. Lewin at the time of approval of the CUP. Staff’s determination is that these properties are in violation of the conditions of the Conditional Use Permit. The Site Plan and the Conditional Use Permit do not allow for a portable toilet and the presence of manning the location. As far as the portable toilet is concerned, that would be considered a pump and haul and that has to be approved by the Board of Supervisors. This location does not have the approval from the Board. Also, the only time per Zoning Ordinance allows portable toilets are for a special event or construction site. The property does have access to public water and sewer. If the applicant submitted an updated Site Plan, to allow for an overseer or a gate then there would be no violation. In conclusion, Staff is requesting the Board of Zoning Appeals to affirm the determination of the Zoning Administrator pertaining to Section 165-603.03 Conditions. Chairman Lowman asked the applicant to come forward and state your name and if you have a presentation or the Board might have questions. Mrs. Beth Lewin came forward and is one of the owners of Carroll Industrial Park. At the time, when Mrs. Lewin applied for the CUP there was a demand for tractor truck and tractor trailer parking in the County. She continued, this CUP is on a private road (Ebert Road) at the end of the cul-de-sac where the trucks are parked. When she received the letter of violation by complaint, she was concerned because no one should have been on that private road only the trucks that are parked there. Mrs. Lewin stated that Home Depot is renting the lot and has hired an employee to check trucks in and ride through the parking lot for security. At one time, trailer theft was occurring, and the company couldn’t locate the trailers or the goods that were enclosed. The applicant said, she put the portable toilet there as a courtesy for the employee and the drivers coming in late at night. That wasn’t a Home Depot requirement. Chairman Lowman asked the applicant if she was willing to remove the toilet. Mrs. Lewin replied yes, she will have the toilet removed. She stated she has a construction business close by and a dispatch building that is open 24/7. The employees or truck drivers would have access to a restroom. PUBLIC COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No one came forward. PUBLIC HEARING CLOSED Frederick County Board of Zoning Appeals 1947 On a motion made by Mr. Cline to uphold the decision of Appeal #09-25 for CClan, LC (Beth Lewin) from the Zoning Administrator, Mark R. Cheran, with the stipulation to remove the portable toilet and seconded by Vice-Chairman Rinker and unanimously affirmed the decision. The meeting was adjourned at 4:30. __________________________ Eric Lowman, Chairman _________________________ Pamala Deeter, Secretary