HomeMy WebLinkAboutBZA 08-21-01 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 August 21, 2001.
PRESENT James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District;
Dudley Rinker, Back Creek District; Thomas Malcolm, Shawnee District and Robert
Perry, Stonewall District
STAFF
PRESENT Patrick T. Davenport, Zoning Administrator; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:25 p.m.
MINUTES OF JUNE 19.2001
On a motion made by Mr. Rinker and seconded by Mr. Malcolm, the minutes for the
June 19, 2001 meeting were unanimously approved.
ESTABLISHMENT OF MEETING DATE FOR SEPTEMBER 2001
The announcement ofthe next application cut -off date prompted a discussion regarding
the availability of members in September. Following the protocol established by Article V, Meetings,
of the Board of Zoning Appeals Bylaws, Mr. Perry made a motion to move the September meeting
to Tuesday the 25 ". The motion was seconded by Mr. Rinker and passed by unanimous vote. The
Board also discussed the status of the alternate member(s) issue. Chairman Larrick stated that he
would draft a letter to the Board of Supervisors to formalize this request.
A follow -up discussion ensued regarding the new magisterial districts [approved by the
Board of Supervisors on May 23, 2001 ] and whether the Board of Zoning Appeals would receive
another member as a result. Chairman Larrick stated that the maximum number of members allowed
by state statute is seven, with the minimum being five. Mrs. Catlett asked if they would automatically
get another member since there is now another magisterial district; however, Chairman Larrick replied
that although it has been local practice to have one member from each district, he did not believe that
there was a requirement by the state code to automatically appoint another member.
Frederick Co. Board of Zoning Appeals
Minutes of August 21, 2001 Minutes Book Page 1118
Board consensus was that the appointment of new members may mitigate the need for
alternates to be appointed; therefore, Mr. Malcolm made a motion to formally request the Board of
Supervisors to appoint an additional member and one at -large member. Mr. Rinker seconded the
motion which was approved by unanimous consent.
PUBLIC HEARING
Variance Application #16 -01, submitted by Clariant Corporation of Winchester, requesting a
14.71 -foot front yard variance for a mechanical equipment pad and heat exchanger unit; and
a 7.71 -foot front yard setback variance for a mechanical equipment pad with 6' x 6' shed and
dust collector and heat exchanger units. This property is located at the southwest corner of
Victory Lane (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Route
17/50 in the Shawnee Magisterial District.
ACTION - APPROVED
Mr. Patrick Davenport, Zoning Administrator, presented the background information
for the variance request. He concluded by stating that the granting of the requested variance as
submitted would be appropriate in this case.
Chairman Larrick asked for anyone in favor of the application to come forward. Mr.
Matt Kotlowski, of AMK Products, spoke in favor of the application because concerns that he and his
wife had with noise from the Clariant plant had been resolved.
Chairman Larrick reminded Mr. Kotlowski that the Board could not guarantee a "cause
and effect" situation by approving the variance; all the BZA was authorized to do was either grant or
deny the variance. Mr. Kotlowski replied that he understood that and was satisfied with Clariant's
solution.
Mr. Bill Trindle, Site Manager for Clariant Corporation, stated that until Mr. and Mrs.
Kotlowski brought this issue to his attention, he was unaware that there was a noise problem. BZA
members asked if there was any landscaping on that side of the building and whether the proposed
solution would eliminate the problem or just shift it from one place to another. Mr. Trindle assured
the Board that the excessive noise would be alleviated by shifting the equipment placement and
installing damper systems.
There were no other public comments.
DISCUSSION
Mr. Rinker asked if this variance was for a specific portion or for the entire side of the
building. Mr. Davenport clarified that the request was only for one section, as shown on the
Frederick Co. Board of Zoning Appeals
Minutes of August 21, 2001 Minutes Book Page 1119
2
application, and that Clariant would be required to submit a new application for anything else.
Chairman Larrick affirmed that they would not be changing the boundary restriction line.
Mr. Malcolm moved to approve both requests in Variance Application #16 -01; the
motion was seconded by Mr. Rinker. The motion was passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance Application 416 -01, submitted by Clariant Corporation of
Winchester, requesting a 14.71 -foot front yard variance for a mechanical equipment pad and
heat exchanger unit; and a 7.71 -foot front yard setback variance for a mechanical equipment
pad with 6' x 6' shed and dust collector and heat exchanger units.
There were no other matters to be discussed; therefore, the meeting adjourned by
unanimous consent at 3:55 p.m.
Respectfully submitted,
Frederick Co. Board of Zoning Appeals
Minutes of August 21, 2001 _ Minutes Book Page 1120
a„ li,' 0
James Larrick, Jr., Chairman