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1966 Frederick County Board of Zoning Appeals
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 July 15, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; John Cline, Stonewall District; James Prohaska,
Opequon District; Linda Whitacre, Gainesboro District; Dolores Stottlemyer, Shawnee District and Ronald
Madagan, Member at Large.
ABSENT: Dudley Rinker, Vice-Chairman, Back Creek 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,
July 18, 2025.
Mr. Cline made a motion to approve the meeting minutes for June 17, 2025, and was seconded by Mr.
Prohaska and was unanimously approved.
PUBLIC HEARING
Variance #14-25 for Gary and Ann Gilpin (Victor Karl Wine) submitted a request for a 50-foot variance
to a required 100-foot front yard setback resulting in a 50-foot front yard setback and a 50-foot variance to
a required 100-foot left side yard setback resulting in a 50-foot left side yard setback and a 50-foot variance
to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback for a dwelling
and an attached garage. The property is located at 310 Burnt Church Road, Winchester and is identified
with Property Identification Number 42-A-69 in the Gainesboro Magisterial District.
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. and Mrs. Gilpin are requesting a 50-foot variance
to a required 100-foot front yard setback resulting in a 50-foot front yard setback and a 50-foot variance to
a required 100-foot left side yard setback resulting in a 50-foot left side yard setback and a 50-foot variance
to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback for a dwelling
and an attached garage.
Mr. Dean gave the background information on the 1972 creation of the 3.4960-acre property. Originally,
the property historically was zoned A-2 (Agricultural General) when the lot was created. At the adoption
1967 Frederick County Board of Zoning Appeals
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 (Rural Areas) District. Again, on February 28, 2007, the Board
of Supervisors amended the setbacks for this District making this property 100 feet from the front, 100 feet
for the rear, and 100 feet for the left and right-side yard. Mr. Dean mentioned the reason for the variance
is the property is narrow and can’t meet the current RA setback.
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. Gilpin, came forward to answer questions the board might have. Mr. Gilpin stated he
is moving to the area and would like to build a house with a two-car garage but can’t meet setbacks.
Chairman Lowman asked if the property was perked. The Applicant replied yes. He is in the process of
acquiring a land surveyor to draw up the plans.
PUBLIC COMMENT
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
A citizen, Mr. Ronnie Wine, came forward and gave background information on the parcel. This property
adjoins his mother and father’s parcel and there is no objection to this variance. A boundary line adjustment
was done before the meeting because the property was land locked. The parcel also has a 3-foot drop in the
front.
PUBLIC HEARING CLOSED
On a motion made by Mrs. Whitacre to approve Variance #14-25 for Gary and Ann Gilpin and was
seconded by Mr. Cline and was unanimously approved.
The meeting was adjourned at 4:00.
Respectfully submitted,
__________________________
Eric Lowman, Chairman
_________________________
Pamala Deeter, Secretary