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HomeMy WebLinkAboutBZAMinutes2025December161978 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 December 16, 2025. PRESENT: 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: Eric Lowman, Chairman, Red Bud District STAFF PRESENT: Mark Cheran, Zoning Administrator; John Lowery, 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. Vice-Chairman Rinker led the Pledge of Allegiance. Vice-Chairman Rinker asked if there are any applications for January. Mr. Cheran replied, yes the cutoff is this Friday, December 19, 2025. Mr. Cline made a motion to approve the meeting minutes with a correction for October 21, 2025, and was seconded by Ms. Stottlemyer and was unanimously approved. Mr. Cheran gave an update on a court case for Winchester Wireless. PUBLIC HEARING 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 yard 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. Cheran came forward to present his staff report and two maps of the property. Mr. Cheran explained this particular parcel was before the Board in June. A variance was approved for a 20- foot left side yard from a required 50-foot setback. The Applicant submitted a building permit with a layout of the drain field. The Applicant was required to do a setback survey. When the inspector came for inspection, the addition exceeded by 7 feet. The Applicant called and came in the office the same day as the inspection. The drain field layout apparently had the wrong property 1979 lines. Staff proceeded by saying this lot is non-conforming and is only 0.4592 acre. Staff didn’t receive any ecomments for this variance. 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 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 cannot meet the current RA setback. If approved Variance #13-25 will be voided. The variance appears to be consistent with the District and meets the intent of The Code of Virginia and Code of Frederick County. Ms. Geneva Payne came forward. She doesn’t have a prepared statement but could answer any questions the Board might have. Applicant mentioned that she is moving into her son’s house and the addition would give the family more living space. Board members asked if the Applicant is required to give a plat. Mr. Cheran replied yes but this property is old and on file at the courthouse is only deeds and what was submitted was a drain field survey. PUBLIC COMMENT Vice-Chairman Rinker asked if anyone would like to speak in favor. The contractor spoke in favor of the variance. Vice-Chairman Rinker asked if anyone would like to speak opposition of this request. No one came forward. PUBLIC HEARING CLOSED On a motion made by Mr. Clinea to approve Variance #23-25 for Rian Hopcroft and Geneva Payne was seconded by Ms. Stottlemyer and was unanimously approved. PUBLIC HEARING 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 1980 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. 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. This parcel is located on Jordan Springs Road and is 0.4592 acres and is zoned (RA) Rural Areas in the Stonewall Magisterial District. This parcel was created prior to 1967, and the zoning was A-2 District. The setbacks for accessory structures at the adoption of the Zoning Ordinance were 20 feet for the rear, and side yards. In 1989, the ordinance was amended by changing A-2 to RA District. The setback for accessory structures in the RA Zoning District is 15-feet for the sides and rear. 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. Mike Artz came forward representing the Applicant. This lot has been surveyed and the reason for the variance is there is an existing drain field behind the house. He stated he would answer question the Board might have. A Board member asked why he can’t move the garage closer to their house. A Board member said three feet is too close to the neighbor’s property line even with the fence there. It would be difficult to maintain the applicant property. The member said he would vote yes to the variance if it was moved to 5 feet off the property line. Mr. Artz said he could make that change from 3 to 5 feet off property line. In a previous discussion, Mr. Artz discussed the closeness to the property line with the Applicant, and he felt the Board wouldn’t approved the variance. The Applicant gave Mr. Artz the authority to make the change. PUBLIC COMMENT Vice-Chairman Rinker asked if anyone would like to speak in favor or opposition of this request. No one came forward. 1981 PUBLIC HEARING CLOSED On a motion made by Mr. Cline to approve Variance #24-25 for Craig and Adriana Myers and was seconded by Mr. Madagan and was unanimously approved. The meeting was adjourned at 4:00. Respectfully submitted, __________________________ Eric Lowman, Chairman __________________________ Pamala Deeter, Secretary