HomeMy WebLinkAboutBZAAgenda2026July211.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of June 16, 2026
4.Public Hearings
4.A.Variance #12-26 for Tony and Carmen Edmonds
Submitted a request for a 22-foot variance to a required 50-foot right yard setback
resulting in a 28-foot right yard setback, for a dwelling. The property is located at 367
Brandy Lane, Stephens City, and is identified by Property Identification Number 86-A-
65 in the Opequon Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, JULY 21, 2026
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA07-21-26MeetingMinutesJune16.pdf
BZA07-21-26VAR12-26_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: July 21, 2026
Agenda Section: Meeting Minutes
Title: Minutes of June 16, 2026
Attachments:
BZA07-21-26MeetingMinutesJune16.pdf
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Frederick County Board Zoning Appeals 2008
June 16, 2026
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 June 16, 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.
Mr. Rinker made a motion to approve the meeting minutes for April 21, 2026, and was seconded
by Mr. Madagan and was unanimously approved.
Mr. Rinker made a motion to approve the meeting minutes for May 19, 2026, and was seconded
by Mr. Madagan and was unanimously approved.
Chairman Lowman asked if there are any applications for July. Mr. Cheran replied no. The cutoff
date is Thursday.
PUBLIC HEARING
Variance #10-26 Variance #11-26 for James Dollar submitted a request for a 29.9-foot variance to
a required 50-foot left yard setback resulting in a 20.1-foot left yard setback, and a request for a 18.4-
foot variance to a required 50-foot right side yard setback resulting in a 31.6-foot right side yard
setback and a request for a 31.6-foot variance to a required 60-foot front yard setback resulting in a
28.4-foot front yard setback for a dwelling. The property is located at 290 Old Bethel Church Road,
Winchester and is identified by Property Identification Number 41-6-21 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 one acre or less lot and the zoning is
RA (Rural Areas) District. The property was created in 1965 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. The current setback are front 60-ft and the left, right, and rear are 100-ft.
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Frederick County Board Zoning Appeals 2009
June 16, 2026
On the property is an abandoned non-conforming trailer. For more than two years the trailer was not
occupied which means the non-conforming use is extinguished.
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.
A committee member inquired about the metal frame in the yard. Mr. Cheran replied that will be
moved before the new trailer arrives.
Mr. Dollar came forward. He did not have a statement prepared but he would answer any
questions.
Chairman Lowman clarified that he was cleaning up the property and the applicant would occupy
the trailer.
Chairman Lowman asked if there is anyone to speak in favor or in opposition to come forward.
No one came forward.
PUBLIC HEARING CLOSED
PUBLIC HEARING COMMENT
A committee member stated that if Mr. Dollar does what he says then that would be an
improvement for the area.
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Frederick County Board Zoning Appeals 2010
June 16, 2026
Mrs. Whitacre made a motion to approve the Variance 11-26 for James Dollar and was seconded
by Vice-Chairman Rinker and was unanimously approved.
ACTION ITEM
Variance #04-26 for Cline Manor VA LLC., submitted a request for the foregoing buffers to
provide an inactive buffer of 25’, with full screening, together with an active buffer of 25’ and a
35’ inactive road buffer, with full screening, together with a 40’ active road buffer. The property
is located at 3266 Valley Pike and is identified by Property Identification Number 63-A-37 in the
Back Creek Magisterial District.
Mr. Cheran came forward to present the history of this application. This board held a public
hearing in February, but the applicant’s representative asks to postpone action. The representative
asks for 30 days at the Public Hearing in February. Then the representative postponed until today
because a buffer and screening ordinance amendment that was going to the Board of Supervisors.
Staff explained the procedure to change an ordinance amendment. Before the Board of
Supervisors hears the proposed amendment, the amendment will be presented to the Subcommittee
then Planning Commission and for the final approval of the Board of Supervisors. When the
amendment was presented, the Board of Supervisor said this is not the direction that we suggested
to staff to follow. Staff also suggested to Applicant to change the buffer requirements or purchase
additional property in order to proceed with project. Staff mentioned this property is 4 acres and
has tax credits. The tax credit expires in December 2026. This Board here today has a decision to
approve with reduced buffers or deny, and the Applicant could appeal through the court system or
start all over again with a new design of the project.
Mr. Mark Kronenthal came forward to address the Board and Staff comments. He stated that the
ordinance that was before the Board of Supervisor was the County staff making the change to the
ordinance which had nothing to do with our project. Mr. Kronenthal states that he doesn’t see any
paperwork stating that he wasn’t the attorney representing the applicant when the Board of
Supervisors approved the tax credit on the property. There was no conversation about obtaining
additional property for buffers. This is the only avenue the applicant has by law. Pursuing another
zoning, rezoning or any other application would be unlawful. The decision lies with this Board.
Chairman Lowman need clarification on an item #4 in the letter dated June 15. The letter states
that if the mandates are met this property is unbuildable. Mr. Kronenthal replied we have three
mandates two from the Board of Supervisors and one from the State application to build the project
with tax credits before December 2026. Chairman Lowman asked if the tax credit could be sold
the attorney replied no.
A member asked when submitting this plan to the Planning Department what was the buffers on
the plans. Yes, the attorney replied. The buffers on the plans were the proposed buffers. A board
member asked if the County attorney would address the rebuttal from Mr. Kronenthal.
Mr. Andrew Fox, County Attorney, came forward. The Attorney stated he received the letter
yesterday and reviewed it. The Attorney disagrees with certain parts of the letter. One is if the
variance is not approved that would restrict the land. That is not the case the land does have usable
right to build just not what they’re proposing. Under the strict statute of rights, tax credit resolution
is not an invested right on the property. The Attorney gave some examples of vested rights
subdivision plat and proffers, etc. Just because the Board of Supervisors gave a tax credit to the
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Frederick County Board Zoning Appeals 2011
June 16, 2026
property owner, the owner still needs to meet the requirement in the Zoning Ordinance. Lastly the
screening buffers are a detriment to the adjoining property owners.
DISCUSSION
A BZA member spoke with a Board of Supervisors about the proposed ordinance change. He
stated we do need that type of housing but need to follow the ordinance or find another piece of
property. Another comment was that this is a hardship for the property owner, but why would we
put a hardship on the adjoining property owners. Another board member said that she has a hard
time putting impacts on the surrounding neighbors.
A motion made by Mr. Rinker to deny Variance 04-26 for Cline Manor VA LLC and seconded
by Mrs. Whitacre and was unanimously denied.
The meeting was adjourned at 4:15.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: July 21, 2026
Agenda Section: Public Hearings
Title: Variance #12-26 for Tony and Carmen Edmonds
Attachments:
BZA07-21-26VAR12-26_Redacted.pdf
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VARIANCE #12-26
Applicant Name: Tony and Carmen Edmonds
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: July 9, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: July 21, 2026 Action: Pending
Property Information
Property Identification Number (PIN) 86-A-65
Address 367 Brandy Lane, Stephens City
Magisterial District Opequon
Acreage 3.042+/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: School
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential
West : RA (Rural Areas) Land Use: Vacant
Variance Requested & Reasoning
Reason: This property cannot meet the current RA setbacks due to the size of the parcel.
Minimum Variance Requested Resulting Setback
Front 60-Ft N/A-Ft N/A -Ft
Left 50-Ft N/A-Ft N/A-Ft
Right 50-Ft 22-Ft 28-Ft
Rear 100-ft N/A N/A
Staff Comments:
• This 3.042-acre property was created in 1962 with no assigned setbacks.
• The Frederick County historical zoning map shows this property as being zoned A-2
(Agricultural General) at the adoption of the Zoning Ordinance in 1967. The setback lines at
the adoption of the Zoning Ordinance were 35 feet for the front, 15 feet side yard and 35 feet
rear yard.
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Page 2 of 2
• Frederick County amended the setback requirements in the RA Zoning District in 2013 based
on adjoining property acreage. The setbacks for this property are:
Front: 60 feet
Sides:50 feet
Rear: 100 feet
The applicant wants to remove the current mobile home and replace it with a new one. The
current mobile home was placed on the property in 1972. The current RA Zoning District
setbacks would apply to this property which cannot be met and would limit the buildable area for
a mobile home on this 3.042 Ac. parcel.
Code of Virginia & Frederick County Zoning Ordinance:
The Code of Virginia §15.2-2309(2) and the Code of Frederick County §165-305.01 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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337 BRANDY LN
374 BRANDY LN
390 BRANDY LN
185 S
WARRIOR DR
381 BRANDY LN
86 A 65
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
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VAR # 12 - 26: Tony and Carmen Edmonds
PIN: 86 - A - 65
Side Variance
Zoning Map
Application
Sewer and Water Service Area
Parcels
VAR #12-26
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L
N
337 BRANDY LN
374 BRANDY LN
390 BRANDY LN
185 S
WARRIOR DR
381 BRANDY LN
86 A 65
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
Map Created: June 30, 2026
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VAR # 12 - 26: Tony and Carmen Edmonds
PIN: 86 - A - 65
Side Variance
Location Map
Application
Sewer and Water Service Area
Parcels
VAR #12-26
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