HomeMy WebLinkAboutBZAMinutes2026May192004
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 May 19, 2026.
PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman, Back
Creek; John Cline, Stonewall District; Dolores Stottlemyer, Shawnee District; Linda Whitacre,
Gainesboro District and Ronald Madagan, Member at Large.
ABSENT: James Prohaska, Opequon District
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 June. Mr. Cheran replied no. The cutoff
date is Friday.
PUBLIC HEARING
Variance #09-26 for Backwoods Properties (Michael Artz) submitted a request for a 10-foot
variance to a required 60-foot front yard setback resulting in a 50-foot front yard setback and a request
for a 40-foot variance to a required 100-foot right side yard setback resulting in a 60-foot right side
yard setback for a dwelling. The property is located off Route 50 West (Northwestern Pike) proceed
0.72 miles west of (Route 610) Parrishville Road and is identified by Property Identification Number
27-A-2 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present his staff report and maps. Mr. Cheran proceeded with background
information. The property is located Gainesboro District and is 2.9377 acres and is zoned RA (Rural
Areas) District. The property was created in 1975 and has no assigned setbacks. In 1967, at the
adoption of the Zoning Ordinance, this property was classified as A-2 (Agricultural General). The
setbacks at the adoption of the Zoning Ordinance were 35 feet for the front, 15 feet side yard and 35
feet rear yard. In 2013, the Board of Supervisors amended the setback requirements in the RA Zoning
District, and this setback is based on the adjoining property acreage. The current setback is 60 feet
front, left, right and rear 100 feet.
Today’s setbacks limit the buildable area for a single-family dwelling. The property owner cannot
meet the current RA setbacks. Staff mentioned the property is located within the FIRM Zone A with
most of the property being unbuildable. Mr. Cheran stated the applicant cannot meet the current
setbacks due to the floodplain. The floodplain maps were changed in 2021. Prior to 2021 FEMA
2005
would not allow property owners to build in floodway or floodplain. A floodway is considered the
middle of a creek, river or a stream and that could expand past the banks. This parcel is in the
floodplain and a dwelling can be built there but a requirement from FEMA is a special engineer for
design of the house and location.
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 medication of a Zoning Ordinance.
Mr. Cheran ends the presentation by stating this variance appears to be consistent character of
Gainesboro District and meets the Code of Virginia and Frederick County.
The Applicant is represented by Michael Artz. This parcel is in the 100-year flood zone. Mr. Artz
submitted a letter to FEMA for map amendment to determine the exact extent of the 100-year flood
zone. Mr. Artz received a letter back from FEMA and that is how he prepared the setback on the
plat for a dwelling. Mr. Artz stated FEMA is still processing the LOMAR map.
PUBLIC HEARING CLOSED
PUBLIC HEARING COMMENT
Chairman Lowman asked if there is anyone to speak in favor or in opposition to come forward.
No one came forward.
Discussion
A board member inquired about the garage on the property.
2006
A motion made by Mrs. Whitacre to approve the variance #09-26 for Backwoods Properties as
requested and seconded by Mr. Rinker and was unanimously approved.
PUBLIC HEARING
Variance #10-26 for Maynard C. Marple, Jr., Trustee (Michael Artz) submitted a request for
a 30.4-foot variance to a required 60-foot front yard setback resulting in a 29.6-foot front yard
setback and a request for a 70-foot variance to a required 100-foot left side yard setback resulting
in a 30-foot left side yard setback and a request for a 30.8-foot variance to a required 100-foot right
side yard setback resulting in a 69.2-foot right side yard setback for a dwelling. The property is
located on the north side of Hollow Road (Route 707), proceed 0.10 miles west of Fletcher Road
(Route 733) and is identified by Property Identification Number 26-A-41 in the Gainesboro
Magisterial District.
Mr. Cheran came forward to present his staff report and maps. Mr. Cheran proceeded with
background information. The property is located in the Gainesboro Magisterial District and is 1.33
acres and the zoning is RA (Rural Areas) District. Mr. Artz represents the Applicant which he
provided a 1949 subdivision plat with no assigned setbacks. When the County adopted the Zoning
Ordinance in 1967, this property was in the A-2 (Agricultural General) District. The A-2 District
setbacks were 35 ft for the front and rear and 15 ft for the side yard. Staff noted the Ordinance
was amended in 2013 changing the setback requirements. Now the setbacks are based on the
adjoining property acreage. The setbacks for this parcel are 60 ft front setback, left, right and rear
100 ft 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.
2007
Staff noted that the property is split down the middle with powerlines, so the property owner has
limited area for a dwelling. The intent of The Code of Virginia and the Code of Frederick County
has been met.
Mr. Michael Artz’s came forward representing the Applicant. The parcel is only 200 ft wide from
left to right and a 30 ft powerline easement down the center of the parcel. The soil scientist found
a drainfield site in the rear of the property. The placement of the dwelling was determined by the
topographic issue.
PUBLIC HEARING CLOSED
PUBLIC HEARING COMMENT
Chairman Lowman asked if there is anyone to speak in favor or in opposition to come forward.
No one came forward.
Discussion
A board member stated the County has changed a lot since 1949 when the property was created.
A motion made by Mrs. Whitacre to approve the Variance #10-26 for Maynard C. Marple Jr.
Trustee as requested and seconded by Mr. Madagan and was unanimously approved.
Staff gave an update stating that the Board approved the new format of the Zoning Ordinance and
Subdivision Ordinance.
Mr. Cheran updated the board on the Winchester Wireless. Mr. Cheran gave an update on the
Cline Manor Variance.
The meeting was adjourned at 4:05.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary