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HomeMy WebLinkAboutBZAMinutes2025October211975 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; 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. 1977 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