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HomeMy WebLinkAboutBZAMinutes2026January20 Frederick County Board of Zoning Appeals 1982 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 January 20, 2026. PRESENT: Eric Lowman, Chairman, Red Bud District; Linda Whitacre, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District; and Ronald Madagan, Member at Large. ABSENT: Dudley Rinker, Vice-Chairman, Back Creek 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. Chairman Lowman led the Pledge of Allegiance. Chairman Lowman asked if there are any applications for February. Mr. Cheran replied yes. ELECTION OF OFFICERS AND ADOPTION OF BYLAWS Mr. Cheran stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday of the month. Mr. Cline made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month. Mr. Madagan seconded the motion and the vote was unanimous. Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by Ms. Stottlemyer and seconded by Mr. Cline the Bylaws were unanimously approved as presented. Mr. Cheran opened the floor for nominations for Chairman. Mr. Cline made a motion to nominate Mr. Lowman and Mr. Madagan seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Lowman as the Chairman. Chairman Lowman opened the floor for nominations for Vice-Chairman. Mr. Madagan made a motion to nominate Mr. Rinker and Chairman Lowman seconded the motion. The floor was closed for nominations. The vote was unanimous for Mr. Rinker as the Vice-Chairman. Chairman Lowman opened the floor for nominations for Secretary. Mr. Cline made a motion to nominate Mrs. Deeter and Chairman Lowman seconded the motion. The floor was closed for nominations. The vote was unanimous for Mrs. Deeter as the Secretary. Mr. Cline made a motion to approve the meeting minutes with a correction for December 16, 2025, and was seconded by Mrs. Whitacre and was unanimously approved. PUBLIC HEARING Frederick County Board of Zoning Appeals 1983 Variance #15-25 for 1021 Aylor LLC (Christine M. Baker DDS, PLLC) submitted a request for a 5- foot variance to a required 10-foot front yard setback resulting in a 5-foot front yard setback for a sign. The property is located at 1021 Aylor Road, Stephens City and is identified with Property Identification 74B - 5-1-D in the Opequon Magisterial District. Mr. Cheran came forward to present his staff report and maps. Mr. Cheran proceeded with background information. The property is located at 1021 Aylor Road and 0.52 acres and is zoned B1 (Neighborhood Business Zoning District in the Opequon Magisterial District. The property was created in 1969 and is currently zoned B1 with the setback for signage of 10-feet from the Right of Way. The front of this parcel was taken by VDOT for the realignment of Aylor Road (Route 647). Now the Applicant cannot meet the setback requirement for signage on the parcel. The Applicant has verified that the sign will not be encroaching other easements. If VDOT did not widen Aylor Road, the Applicant would meet the current setback. Staff concluded by stating 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. Mr. Cheran noted the applicant does meet the intent of the State and County Codes for a variance on setbacks. The Applicant is represented by Robert Sproul of Harris & Johnston Attorney at Law. Mr. Sproul relayed that Applicant was requesting to build a monument sign. The surveyor has measured off the VDOT right of way as to the placement of the sign. The Applicant would also request a right setback as well. The Applicant moved into the location in 2018 and in 2019 Aylor Road was widened. The Applicant did not make this hardship. This was created by VDOT. Chairman Lowman addressed the right setback request. The Board can only grant what is requested at the time of application. A board member made a comment that the closest setback granted is 5-ft. Frederick County Board of Zoning Appeals 1984 PUBLIC HEARING COMMENT Chairman Lowman asked if anyone would like to speak in favor or opposition of this request. No one came forward. PUBLIC HEARING CLOSED Chairman Lowman inquired as to if the Applicant has a sign design. He explained that monument signs have a longer base so make sure the dimensions are correct. On a motion made by Mr. Prohaska to approve the variance as requested and seconded by Mr. Madagan, Variance Request #15-25 for 1021 Aylor LLC., was unanimously approved. PUBLIC HEARING Variance #25-25 for Painter-Lewis LLC. (Brinjal LLC.) submitted a request for a 21.3-foot variance to a required 35-foot front yard setback resulting in a 13.7-foot front yard setback for a dwelling. The property is located at North Frederick Pike (Route 522N) to Purell Lane and is between 1124 and 1116 Purcell Lane in the Stonewall Magisterial District. Mr. Cheran came forward to present his staff report and maps. Staff noted the property is located at Purcell Lane in the Stonewall Magisterial District. The property is zoned RP (Residential Performance) and researching this parcel there is no tax map number and no building restriction line. At the time of adoption of the Zoning Ordinance in 1962 the property was zoned R-2 (General Residential). The setbacks at the adoption of the Zoning Ordinance were 35-feet for the front, 10-feet side yard and 25 feet rear yard. The ordinance in 1989 was amended from R-2 Zoning to RP (Residential Performance) with the setbacks 35 feet front, 10 feet side yard and 25 feet rear yard. A lot consolidation was submitted in order for a dwelling to be built. The current setback is for the RP would limit the Applicant for buildable area. The adjoining properties were built in the 1940’s and the setbacks were less than the RP requirements. Staff concluded by stating 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; Frederick County Board of Zoning Appeals 1985 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 ends the presentation by stating this variance meets the Code of Virginia and Frederick County. Mr. Cheran stated he had two calls about the variance, but, was not in opposition. Chairman Lowman asked the Applicant to come forward, Mr. Lewis representing the Applicant. The Applicant is just wanting to combine two lots into one parcel for a dwelling. These are tiny lots and if the request is approved then the plat will be recorded and official tax map number will be created, and the Commissioner of Revenue will have this on file. A board member inquired as to how many dwellings will be on the property. Mr. Lewis replied one. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor or opposition of this variance. No one came forward. PUBLIC HEARING CLOSED No Discussion On a motion made by Mr. Cline to approve the variance as requested and seconded by Mr. Prohaska, Variance Request #25-25 for Brinjal LLC (Painter-Lewis) was unanimously approved. The meeting adjourned at 4:15. ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary