HomeMy WebLinkAboutBZAAgenda2025December161.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of October 21, 2025
4.Public Hearings
4.A.Variance #23-25 for Rian Hopcroft and Geneva Payne
Submitted a request for a 37-foot variance to a required 50-foot left side yard setback
resulting in a 13-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.
4.B.Variance #24-25 for Craig and Adriana Myers
Submitted a request for a 12-foot variance to a required 15-foot left side yard setback
resulting in a 3-foot left side yard setback for a detached garage. The property is
located at 1500 Jordan Springs Road, Stephenson, and is identified with Property
Identification Number 55A-5-2-10 in the Stonewall Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, DECEMBER 16, 2025
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA12-16-25MeetingMinutesOctober21.pdf
BZA12-16-25_VAR23-25_Redacted.pdf
BZA12-16-25_VAR24-25_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 16, 2025
Agenda Section: Meeting Minutes
Title: Minutes of October 21, 2025
Attachments:
BZA12-16-25MeetingMinutesOctober21.pdf
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1975
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 October 21, 2025.
PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman Back Creek; John
Cline, Stonewall District; James Prohaska, Opequon District; Linda Whitacre, Gainesboro District; Dolores
Stottlemyer, Shawnee District and Ronald Madagan, Member at Large.
ABSENT:
STAFF PRESENT: Mark Cheran, Zoning Administrator; 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 November. Mr. Cheran replied, no the cutoff is
this Friday, October 24, 2025.
Mr. Rinker made a motion to approve the meeting minutes with a correction for September 16, 2025, and
was seconded by Mr. Madagan and was unanimously approved.
PUBLIC HEARING
Variance #21-25 for Stephen and Bridgette Mansfield submitted a request for a 50-foot variance to a
required 100-foot right yard setback resulting in a 50-foot right yard setback for a dwelling. The property
is located at 1291 Valley Mill Road, Winchester and is identified with Property Identification Number 55-
A-165F in the Red Bud Magisterial District.
Mr. Cheran came forward to present his staff report and two maps of the property. Staff proceeded with
background information on the parcel. Mr. Cheran explained this particular parcel has two fronts . The
shortest side to the road is always considered the front which is Valley Mill Road. This 5.02 -acre parcel
was created as part of a family subdivision in 2023 with today’s current Rural Areas (RA) setbacks on the
plat. In 2007, the ordinance was amended by changing the setbacks to 60-feet from the front, 100-feet from
the left, 100-feet from the right and 100-feet from the rear property line. The Zoning Ordinance was
amended five times.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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;
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1976
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. Cheran said in closing that this property can meet the current RA setbacks and this is a buildable parcel.
The Applicant was aware of setbacks when the parcel was subdivided.
The applicant, Stephen Mansfield came forward. The purpose for the request is that they have a slope, and
they need to keep 100-foot distance from the drain-field. If they move the house further back, it would be
close to the trailer park.
Mr. Madigan suggested moving the house location over toward the other side. Mr. Cline suggested a
boundary line adjustment, so they do have options. Chairman Lowman suggested to work with the
surveyor.
PUBLIC COMMENT
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request.
Katherine McHale came forward; she was in favor of the variance. Ms. McHale stated she subdivided the
farm for her three children and was not thinking about setbacks at that time. She mentioned that a boundary
line adjustment would be too costly.
PUBLIC HEARING CLOSED
On a motion made by Mr. Madagan to deny Variance #21-25 for Stephen and Bridgette Mansfield was
seconded by Mr. Prohaska and was unanimously denied.
PUBLIC HEARING
Variance # 22-25 for Ronald Maher Jr. submitted a request for a 4-foot variance to a required 50-foot
left side yard setback resulting in a 46-foot left side yard setback for a mobile home. The property is located
at 442 Shady Creek Road, Clear Brook and is identified with Property Identification Number 34-A-91A in
the Stonewall Magisterial District.
Mr. Cheran came forward to present his staff report. He presented two maps of the property. Mr. Cheran
proceeded with background information on the parcel. The Applicant did a boundary line two years ago to
clean up the setbacks on three parcels. This one-acre parcel was created in 1968 and at the creation of the
lot the map shows this being zoned A-2 (Agricultural General). When the Zoning Ordinance was adopted,
the setbacks were 35-feet on the sides. The Board of Supervisors amended the Ordinance in 1989, changing
the A-2 Zoning District to the RA Zoning District. Then on February 28, 2007, the Board changed the
setbacks to 60-feet front, 50-feet left side, 100-feet from the right side and 50-feet from the rear which are
the current setbacks as of today. Mr. Maher is replacing a 1984 Mobile home, and he has tried working
with his surveyor to meet the current setbacks and is unable to meet the setback requirements.
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Staff stated this parcel cannot meet the current setbacks so the Applicant is requesting a 4-foot variance to
a required 50-foot left side setback which will result in a 46-foot left side yard setback.
Staff read the Code of Virginia 15.2-2309(2) & Frederick County Zoning Ordinance 165-1001.02.
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.
Staff concluded, with the proposed variance, it meets the criteria of the Code of Virginia and Code of
Frederick County and is consistent with the character of that District.
Mr. Ronald Maher Jr. came forward; he stated he did not have a prepared statement, but he could answer
any questions. He continued, when he purchased his mobile home, he thought it would fit. Mys new mobile
home is here and has been sitting at the dealership. The dealership office mentioned that he would need to
request a four-foot variance because of the left side setback.
PUBLIC COMMENT
Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No one came
forward.
Ms. Stottlemyer asked if the trailer was occupied now. The reply was yes.
PUBLIC HEARING CLOSED
On a motion made by Mr. Cline to approve Variance #22-25 for Ronald Maher Jr. and was seconded by
Mr. Rinker and was unanimously approved.
The meeting was adjourned at 4:20.
Respectfully submitted,
__________________________
Eric Lowman, Chairman
__________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 16, 2025
Agenda Section: Public Hearings
Title: Variance #23-25 for Rian Hopcroft and Geneva Payne
Attachments:
BZA12-16-25_VAR23-25_Redacted.pdf
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VARIANCE #23-25
Applicant Name Rian Hopcroft and Geneva Payne
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 4, 2025
Staff Contact: Mark R. Cheran, Zoning Administrator
Hearing Schedule
BZA: December 16, 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 37-foot variance to a required 50-foot left side yard setback
which will result in a 13-foot left side yard setback for 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 37-Ft 13-Ft
Right 50-Ft N/A 50-Ft
Rear 50-Ft N/A 50-Ft
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Staff Comments:
This property was subject to a variance approved on June 17, 2025 (VAR #13-25). This variance
was approved for a 20-foot left side yard from a required 50-foot setback of the RA Zoning District.
The applicant applied for a building permit and was required to do a setback survey to set the
approved 20-foot left side setback. The setback survey shows the addition being exceeded by 7-
feet. Should the BZA approve this variance (VAR #23-25), variance (VAR #13-25) will be voided.
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.
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107 N Kent St
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540 - 665 - 5651
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VAR # 23 - 25: Rian Hopcroft and Geneva Payne
PIN: 44 - A - 248
Variance
Zoning Map
Application
Sewer and Water Service Area
Parcels
VAR #23-25
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VAR # 23 - 25: Rian Hopcroft and Geneva Payne
PIN: 44 - A - 248
Variance
Location Map
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Parcels
VAR #23-25
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 16, 2025
Agenda Section: Public Hearings
Title: Variance #24-25 for Craig and Adriana Myers
Attachments:
BZA12-16-25_VAR24-25_Redacted.pdf
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VARIANCE #24-25
Applicant Name Craig & Adriana Myers
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: December 4, 2025
Staff Contact: Mark R. Cheran, Zoning Administrator
Hearing Schedule
BZA: December 16, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 55A-5-2-10
Address 1500 Jordan Springs Road
Magisterial District Stonewall
Acreage +/- 0.4592 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 12-foot variance to a required 15-foot left side yard setback
which will result in a 3-foot left side yard setback for an accessory structure.
Reasoning: This property cannot meet the current RA setbacks for accessory structures.
Minimum Variance Requested Resulting Setback
Front 0-Ft N/A 0-Ft
Left 15-Ft 12-Ft 3-Ft
Right 0-Ft N/A 0-Ft
Rear 0-Ft N/A 0-Ft
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Staff Comments:
• This 0.4592-acre property was created prior to 1967.
• This property is currently zoned RA (Rural Areas).
• 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 setbacks for accessory structures at the adoption of the Zoning Ordinance were 20-
feet for the rear, and side yards.
• Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the current
RA Zoning District. Setbacks for accessory structures in the RA Zoning District are 15-feet side
and rear.
.
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 meets 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 accessory 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.
24
JORDAN SPR
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55A 5 2 10
1479
JORDAN
SPRINGS RD
1501
JORDAN
SPRINGS RD
1510
JORDAN
SPRINGS RD
1522
JORDAN
SPRINGS RD
1440
JORDAN
SPRINGS RD
1472
JORDAN
SPRINGS RD
1482
JORDAN
SPRINGS RD
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107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
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VAR # 24 - 25: Craig and Adriana Myers
PIN: 55A - 5 - 2 - 10
Left Side Variance
Zoning Map
Application
Parcels
RP (Residential Performance District)
VAR #24-25
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JORDAN SPR
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55A 5 2 10
1440
JORDAN
SPRINGS RD
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JORDAN
SPRINGS RD
1482
JORDAN
SPRINGS RD
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SPRINGS RD
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JORDAN
SPRINGS RD
1510
JORDAN
SPRINGS RD
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SPRINGS RD
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107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
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VAR # 24 - 25: Craig and Adriana Myers
PIN: 55A - 5 - 2 - 10
Left Side Variance
Location Map
Application
Parcels
VAR #24-25
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