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HomeMy WebLinkAboutBZA 10-20-09 Meeting Minutes0 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 October 20, 2009. PRESENT Kevin Scott, Chairman, Shawnee District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Jay Givens, Back Creek District; R. K. Shirley, III, Opequon District; Eric Lowman, Red Bud District; and, Robert W. Wells, Member - At- Large. ABSENT: STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Dana Johnston, Zoning Inspector; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Scott at 3:25 p.m. and he determined there is a quorum. On a motion made by Mr. Wells and seconded by Mr. Shenk, the minutes for the March 18, 2008, meeting were unanimously approved as presented. Chairman Scott presented the next item on the agenda: Election of Officers and Adoption of Bylaws. Mr. Perry made a motion to delay this item until after the Public Hearing. Mr. Wells seconded the motion and it passed unanimously. PUBLIC HEARING Variance Request #01 -09 of Brian S. Smoot for a four foot rear yard variance, resulting in a rear yard setback of 21 feet, for the construction of a single family dwelling. This property is located on Aylor Road (Route 647) at the intersection of Aylor Road and Westmoreland Drive (Route 1054), and is identified with Property Identification Number 75 -A -35C in the Shawnee Magisterial District. ACTION — VARIANCE APPROVED Mr. Johnston presented the staff report. This property was zoned R2 (Residential General) in 1967 when Frederick County adopted zoning. The property setback lines at the adoption of the Zoning Ordinance were 35 feet in the front, 10 feet on the sides and 35 feet in the rear. Frederick County amended its Ordinance in 1989 to change the R2 Zoning District to the RP (Residential Performance) District, making the current setbacks for the property 35 feet in the front, 10 feet on both sides and 25 feet in the rear. ; ute Qk Pag 2nutesNovbe&nrd f oning Appeals 1519 This property was originally platted for a total of 19,995 square feet. However, due to road improvements made by the Virginia Department of Transportation to Aylor Road, this lot was reduced to 8,607 square feet, 11,388 square feet less than originally platted. With the road improvements, the lot lost a significant amount of lot length, thereby making it difficult to build a house at the current setback standards. For this reason, the applicant is requesting a four foot rear yard variance, resulting in a rear yard setback of 21 feet for the construction of a single family dwelling. Mr. Johnston directed the members to their agenda packets which provided plats showing before and after the road improvements, as well as a lay -out showing the 48' X 26' proposed dwelling. In summary, Mr. Johnston stated that due to the road improvements causing a significant loss of square footage to this property, the applicant is seeking a four foot rear yard variance, resulting in a rear setback of 21 feet, in order to construct a 48' X 26' dwelling. Mr. Shirley stated that the hardship happened due to the road going through, but the deed shows compensation from VDOT in the amount of $37,500 for the land. He asked staff if the fact that the property was going from a buildable lot to a non - buildable lot was a consideration in the $37,500 compensation. Mr. Cheran responded that the applicant should address that concern. Mr. Brian Smoot came forward and identified himself as the owner of the property. Mr. Smoot stated that when VDOT purchased the land, they didn't mention anything about the rest of the lot being_ unbuildable. VDOT actually divided the land into three sections and they offered to buy two of the three sections, which Mr. Smoot sold to them. Mr. Smoot stated that at the time, in 2002, he had no plans of building. Chairman Scott asked if anyone wanted to voice an opinion about this application, either for or against. Mr. John Miller introduced himself as Pastor of the Abundant Life Church, an adjoining property to Mr. Smoot. Mr. Miller is concerned about the potential for encroachment on the Church's property and the added requirement for shielding should the Church build next to Mr. Smoot. There isn't a plan to build right now, but there's a potential for building in the future. Mr. Miller also is concerned about the Church's commercial entrance placed there by VDOT. Chairman Scott asked Mr. Cheran for staff's input on Mr. Miller's concerns. Mr.Cheran stated that churches in the RP zoning district have to go through the site plan process, and as such, it will be Abundant Life Church's responsibility for any mitigation against a RP -zoned property. Mr. Cheran reminded the members they can only act on the application before them. Mr. Givens asked if Mr. Smoot were to build a 22 foot building instead of 26 feet and it would fit within the footprint of the existing setback, he would be able to build the house by- right. Mr. Cheran responded that is correct. Mr. Givens asked in that case, that would not affect in any way what Abundant Life Church would have to do; the Church would still have to do the same thing, with or without this variance. Mr. Cheran stated that is correct. Mr. Shirley asked Mr. Cheran if this lot has been taxed as a buildable lot and Mr. Cheran responded yes. Miquteo k Pag 1520piedencuntYeBc2aandf7,oning AppealsMmuteso8etoberZU, 2$09 Chairman Scott closed the public hearing portion of the meeting. i Discussion Mr. Wells asked Mr. Cheran for clarification on what Abundant Life Church would need to do if they built. Mr. Cheran stated that Abundant Life would have to provide buffers and screening along the RP property. Mr. Wells asked if Lot 2 is going to be the same situation. Mr. Cheran said it probably would be. Mr. Wells made a motion that Variance 401 -09 of Brian S. Smoot be approved. Mr. Shirley seconded the motion and the vote was unanimous for approval. Mr. Cheran asked for nominations for Vice Chairman. Mr. Wells made a motion to nominate Mr. Perry as Vice Chairman. Mr. Shirley seconded the motion and it passed unanimously. Mr. Cheran asked for nominations for Chairman. Mr. Givens nominated Mr. Scott. Mr. Perry seconded the motion and it passed unanimously. Mr. Cheran asked for nominations for Secretary. Mr. Givens nominated Ms. Dellinger. Mr. Shenk seconded the motion and it passed unanimously. It was decided and voted upon unanimously that the Board of Zoning Appeals will meet the third Tuesday of the month at 3:25 PM in the Board of Supervisors Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Mr. Cheran reviewed the Bylaws with members and stated that the duties and business procedure components of the Bylaws have not changed from last year. It was the consensus of the Board that no changes need to be made to the Bylaws. Other Mr. Cheran spoke briefly about the upcoming appeal which is scheduled for November 17, 2009. Mr. Cheran stated that Code of Virginia 15.2- 2209(2) has changed the flexibility of the hardship requirement a little bit. Mr. Cheran said a structure was built without a building permit and the property owner had to remove the deck. The property owner complained to the legislature and they decided that Zoning Boards can now consider whether this is a hardship. For example, if someone buys a house without knowing that a permit was not obtained, Zoning Boards can decide that is a hardship. However, if someone comes before the Board and admits he built a structure without obtaining a permit, the current hardship requirement applies. i pMinut@ >o QQk Pa 1521 Min o UctobeerrY, $f oning Appeals The members expressed interest in attending a seminar for Zoning Boards. Mr. Cheran stated that right now, money is the main reason why it's not being offered. Mr. Cheran stated that he'll check with Mr. Jesse Russell, who is a professor at VPI and teaches a zoning class, to see if he may be able to talk to the Board. As there were no other items to be discussed, the meeting adjourned at 4:05 p.m. by unanimous vote. Respectfully submitted, Z_ KeVin Scott, C • t Bev Dellinger, Secretary rirtute o k PageB 1522 y er my crd4f honing AppealsmutesoUUctNerlJ