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HomeMy WebLinkAboutBZA 04-17-01 Meeting MinutesMEETING 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 April 17, 2001. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT Eric R. Lawrence, Deputy Director; Patrick T. Davenport, Zoning Administrator; Jeremy F. Camp, Planner II; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MINUTES OF MARCH 20. 2001 On a motion made by Mr. Perry and seconded by Mrs. Catlett, the minutes for the March 20, 2001 meeting were unanimously approved. Mr. Rinker abstained from the vote due to his absence at the March meeting. PUBLIC HEARING Variance #04 -01 of Blake and Rebecca Watts for a 30 -foot rear yard setback variance to enable an addition to a single - family residence. This property is located at 605 Glendobbin Road and is identified with Property Identification Number 43- 13 -1 -3 in the Gainesboro Magisterial District. ACTION - APPROVED AS AMENDED TO 24 FEET Mr. Patrick Davenport, Zoning Administrator, presented the background information on the Watts' variance request. Mr. Davenport pointed out that there were letters of support from the adjoining property owners, and that the orchard owner does not plan to plant fruit trees in a wooded strip which lies within 200 feet of the proposed addition. Mr. Blake Watts, applicant, came forward and explained that they have owned the Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 Minutes Book Page 1107 property since 1992; however, their growing family and increasing needs have created the need for more living area. They have been working with an architect on plans for expansion and were well into the process before they learned ofthe county ordinance regarding maintaining a 200 -foot setback from a working orchard. Mr. Watts also pointed out that he has spoken with all of his neighbors, including the owner of the orchard, and no one had any objections to their expansion plans. Rebecca Watts, co- applicant, was present but did not come forward to add anything to Mr. Watts' presentation. No one else was present to speak for or against the variance. DISCUSSION Mr. Perry asked ifthis was really a 30 -foot variance, as the drawings seemed to indicate a need for only 24 feet. Mr. Watts explained that they were allowing for an overhang, as this extra measurement would count in the overall total. Mrs. Catlett asked if any attempts had been made at obtaining a property line adjustment. Mr. Watts replied that there was no interest among the neighbors in granting a property line adjustment. Mr. Rinker asked about the back edge of the property and if the house was located across the road, would the 200 -foot setback still apply. Mr. Lawrence replied that if a road was there, a 60 -front yard setback would occur. You would not be looking at the orchard, you would be looking at the roadway. Mrs. Catlett asked if any zoning changes had occurred to the Watts' property since they had owned it; staff replied that there had been none. Mr. Perry asked if the orchardists could still plant fruit trees in the future if they changed their minds; staff replied that would still be their option if they so desired. Mr. Perry moved that the variance be granted for 24 feet instead of 30 feet; Mr. Hamilton seconded the motion. Chairman Larrick explained to the applicant that they were not obligated to agree to the motion's amendment; however, the applicant did not object. The motion was approved by the following majority vote: AYES: Hamilton, Perry, Larrick NAYS: Catlett, Rinker BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by majority vote Variance #04 -01, as amended, of Blake and Rebecca Watts for a 24 -foot rear yard setback variance to enable an addition to a single- family residence. ACTION - APPROVED Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 2 Minutes Book Page 1 108 PUBLIC HEARING Variance #05 -01 of Stephen P. Scothorn for a 26 -foot front yard variance from road of right -of- way to construct a detached two -car garage. This property is located at 333 Songbird Lane and is identified with Property Identification Number 32 -12 -8 in the Gainesboro Magisterial District. ACTION - APPROVED Mr. Jeremy Camp, Planner II, presented the background information of Mr. Scothorn's request. Mr. Scothorn was denied a 41 -foot variance for a garage in a previous meeting. The current request is for a reduced variance of 26 feet, and he is prepared to cut down one oak tree and possibly one or two dogwoods. Mr. Perry asked about the cul -de -sac which has not been constructed but is shown on the plat. Mr. Camp replied that the cul -de -sac is deeded; therefore, it has to be included. Mr. Scothorn explained that he did considerable re- figuring to come up with the current proposal. He said that his new plan will require the removal of only a few trees and moving the well line, but he will still be able to keep the garage in a desirable location. Mrs. Catlett asked about moving the garage back to conform to the 60' setback; Mr. Scothorn replied that it would interfere with the roots of the large oak trees. He explained that the new placement will put the garage directly over the well line. Mr. Scothom also added that he did not plan to use the garage as a business. Further discussion ensued regarding other possible locations for the garage. In addition, the Board examined the setback requirements in greater detail. DISCUSSION There was a brief discussion on the possibility of turning the garage around, and whether the deeded cul -de -sac could be "dissolved." There was no further discussion, and the Chairman called for a motion. Upon a motion made by Mr. Rinker and seconded by Mr. Hamilton, Variance #05 -01 was unanimously approved as requested. OTHER BUSINESS Mr. Lawrence informed the Board that Mr. Hamilton's recent move to a new residence Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 Minutes Book Page 1109 has placed him into another Magisterial District. Discussion followed on whether it would be feasible, or even possible, to appoint an alternate. Mr. Lawrence told the Board that the County Administrator's office is aware of the situation and that Mr. Hamilton can still serve until the Circuit Court Judge appoints another member. The Chairman asked each member to be thinking of someone from his or her district that may be willing to serve as an alternate. As there was no further business before the Board, the meeting adjourned by unanimous consent at 4:10 p.m. Respectfully submitted, Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 Minutes Book Page 1 110 Jame Larrick, Jr., C airman