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HomeMy WebLinkAboutBZA 12-15-15 Meeting MinutesMEETING MINUTES nP THF FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room cf the Arederick County) Administration Building, 107 N. Kent Street, Winchester, Virginia on December 15, 2015. PRESENT: Eric Lowman, Chairman, Red Buc District); Bruce Carpenter, Vice -Chairman, Gainesbcrc Cistrictl; Johr Cline, Stcrewill Districtl; Reginald Shirley III, Opequcr District; anc Rcrald Madigan, Member at Large. ABSENT: Kevir Scotlt, Shawree District STAFF PRESENT: Mark Cheran, Goring Administratlor; David Burke, Zoning Inspector; and Pamala Deetler, BZA Secretary. CAUL TO ORDER The meeting was callec to order atl 3:30 p.m. and was determired there was a quorum. Chairmar Lawman read the obituary for the BZA member, Mr. Jeremy, McDonld, and proceeded with a moment of siilerce. Chairman Lowman inquired if there are any applicatlions pending for the month of January, Mr, Cheran responced yes. The cut-off date is December 18, 2015. Or a motion made by Vice -Chairman Carpenter anc seconded by Mr. Madagar the minutles for the November 17, 2015 were unanimously approved as presented. PUBLIC HEARING Mr. Cheran came forward and presented the variarce request #07-15 of Oakcrestl Builders for a 1C foot) front) yard variance to a required 20 foot front) setback which will result in a 1C foot frcrt setback. The Property Identification Number is E3-9-4-67 in the Gairesblcro Magisterial District a nd is located at the northeastlern corner of Harvest Ridge Drive and Mikey Court. The property isi coated in the subdivision of Harvest Ridge which wase designed for 55 years of age or older enc the property is zoned RP (REsicential Performance). The Ictl is vacant) and the properties siurrounding this lot) are zoned RH (Residential Performarce;. FlrEdericA County Bloar d of coning Appeals Page 1672 The Applicant is requesting a 1C foot) front yard variarce to the required 20 foot front yard setback resulting in a 10 foot) frert yard setback for a dwelling. The reason for the variance request is the narrowness, of the lotl to allow for a single-family dwelling to meet) the frortl setback requirements, Mr. Cheran roted this application is based on the narrowness of the platted lotl. The lots within this subdivisior are single-family small lots. This, lot type has a minimum lot size of 3,750 square feet. The setback requirements for this lot size are; frontl 25 foot, sides 5 foot, and rear 15 foot. This is a corner lot of 8,069 scuare feet and has the follewirg setbacks: front 2C foot, sides 5 foot, and rear 15 fcctl. The Applicant is requesting the variance based on an earlier plat that shows a 100 foot setback along Harvest Drive. Mr. Cheran stated tihat no variance shall be granted unless the application car meet) the requirements of The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2. This proposee variance does not meet The Code of Virginia requirements, as the platten lots meets and exceeds the scuare foot recuirementl of the single-family small lots The Applicant knew the lienitis of the lot and should work within those limitations so this variarce should rct be granted, Vice-Chairmar Carpertler wartlec clarificatlion since this is a correr lots anc has two frorts how is this determined. Mr. Cheran replied the short distance is the front. Mr, Artz of Pennori representee Oakcrest Builders. Mr. Artiz gave some background irformatier on the property. In 2003, this property was rezoned from RA (Rural Areas) District) to RP (Residertlial Performance) Districts. This subdivision was desigred uneer an older zoning ordirance. The subdivisior was to be a 55 or older subdivision and would have private roads. In 20C4, the [Vaster Development) Plan was approved for single-family small lotl with an average size of lotl of 8,000 square feet. The 2004 zoning ordirance states the front setback is measured from the edge of the road in a private road situation. In the Harvest) fridge subdivision, the setbacks are measured from the curb. Some of the other home setbacks were measured from the property line and not to the Edge of the road. The exception to this is the correr lotl and lot 67 is a corner Int. In 2004 the plars were approved and ccnstructior started. Lots 6 and 3 are calling for a side setback of 10 foot. Lots 6 and 3 are similar to lot 67. Lotis 6 and ? setbacks of 10 foot are measured from the base of the curb of the private road. That is how this section was designed and built in 2004 and 2005 That road in that section is a little narrower than other secticr. )later on, a redesigr was created for the subdivision ano the roads are a little wider. The front setback changed prior to 2013. The frontl setback was 20 feet) to a private road and the charge now is 2C feet to the property line. The plat) that is recorded at the Clerk's Office has a 2C foot setback on along the roads. The lot now is to narrow tc build a house that will stlay it the same desigr with the other housing types, The Frederick Countly Zoning Ordinance Flrederick Ccunty Hoard of Zoning Appeals Page 1673 has charged again. The front setback now is a 25 foot setback from the property line. Mr. Arta believes this is an undue hardship because the housing Hypes that are in this subdivision wor'tl work on this lot witlHcutl granting a variarce. The proposed house for this lot) is 2„100 square feet and are story. A two story home is not it the character of this subdivis'cr. Mr. Shirley ccrfirmed with Mr. Artlz that) they are ro other lots it this subdivision that would have to come to the Board for a variance, Mr. Arta's replied no, there is only about six lots left) and the subdivision is built out, Mr. Cline confirmed with Mr. Arta that you can't build a house there. Mr, Artlz's said no we can build a House tlhere but it would be smaller and the character would be different) than the neighboring properties, Mr. John Barker from Oakcrest came forward, Mr. Barker confirmed a long narrow house would get you more square footage but tlhatl is notl the model home design that we have built, We have 82 lots it the subdivision and four model come types. We would tilde the property to have the same characters as the other home in tlHe subdivision, When the economy tanked Cakcrestl still managed to upgraded exteriors of dwellings and other amenities. Mr. Templeton came forward to speak. THe Harvest Ridge HOA has a certain type of home to He built in this subdivision and a lcrg narrow one is rot a housing Hype, My only objectior is that if the variance is not granted and a lorg narrow home is built tHat will putltlre new dwelling Closer to His property line. Several other neighbors came forward to speak for the variance. The mair reason they didr't abject to the variance is they want) to (deep the same uniform desigr as the model homes. If a two story or a long narrow ore was put on tlhatl lot) it would be out of character for tlHe subdivision. No ore came forward to oppose the variance. DISCUSSICN Mr. Shirley was inclined to support the variance because this property affects the other propertly cwrers. Mr. Madagar was it favor of tlHe variance. Chairmar Lowman said changirg the Housing Hype would affect the reighbors. Vice -Chairman Carpentler made a moticr to approve Variarce Recuestl DC7 -15 of Caldcrestl Builders and it was seconded by Mr, SHirley and uranimously apprcvec. Brederick County Board of Zoning Appeals Page 1674 Mr. Cherar rcted tl^at at the rext meeting we would be looking at the By -Laws and Electior of Officers. Mr. Shirley) made a moticn to presert a resolution to the family of the late Mr. Jeremy, McDonald at the next meetirg. Mr. Madagan secorded the motior and unarimcusly F p proved, Vice -Chairman Carpenter made a motion and Mr, Madagar secorded the motion to adj'curr the meeting. There being no further business, the meeting adjourned at14:10 p.m. Respectfully submitted, Bruce Carpenter, Vice- CHairman Pamala Deeter, Secretary FredErlcld County Board of Acning Appeals Page 1675